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Decreet, 11 August 1692 (pm), Edinburgh

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Edinburgh the Eleventh day of August Jaj vjc Nyntie two years Post Meridiem

D1692/8/351

Decreet

Decreet The Earl of Kintoir Master of Forbes and others Against The heritors of the Cruves and Fishings of Neitherdon

Anent the Lybell pursued before the Lords of their Majesties privy Councill at the instance of John Earle of Kintoir William Master of Forbes Sir John Forbes of Cragivar, Patrick Lesley of Balquhyne, William Forbes of Munimusk John Skeen of Dyce, James Moir of Stoniewood, George Patton of Grandarne and Alexander Pattron of Kinaldie heritors of the Salmond fishing upon the watter of Done above the Cruives and Sir William Lockhart their Majesties Soliciter for their highnes intrest Makeing mention That quher albeit by the lawes and acts of Parliament of this kingdome and particularly by the sixtein the act of Alexander the second, The Eleventh act of King James the Sixth first his first parliament, the Seventie thrid act tenth parliament King James the thrid, The fiftein act 2d Parliament King James the fourth, The Sixteinth act parliament fourth King James the fifth, The sixtie Eight act nynth parliament Queen Mary, The Eightie nynth act sixth parliament King James the sixth, The thrid act Parliament seventh James the sixth, And by the threttie third act of Parliament first Charles second dated the Fourth day of Jully Jaj vjc Sixtie one Ratifieing and Approveing the forsaids haill acts And appointing the same to be put to due execution It is statute and ordained that no Cruives nor Zaires in Fresh watters shall be sett upon sands or shales farr within the river wher they ware not before Bot that all such cruives and Zairs shall be put doune and taken away And that no Cruives shall be suffered to stand in forbidden tyme, And that all who has Cruives shall keep the lawes anent Saturdayes stops and that six foot in the midstream shall be keeped allwayes open, And that ther shall be thrie Inshes of Differance betwixt each heck under the paines and penalties contained in the forsaids acts, And Especially by the said […] It is apppoynted that the Contraveeners of the saids act shall not only pay the soume of Twentie punds scots toties quoties And that the penalties the one half therof shall be uplifted for their Majesties use and the other half therof for the use and behoove of the parties damnified and who should first Challange and insist against the Contraveeners of the saids acts, And quhich penalties are appointed to be uplifted without any defaulcation Bot also it is appoynted that the executione therof shall be without prejudice of the partie interessed To insist against the transgressors of the saids acts And ilk ane of them for the prejudice and Loss sustained therby and finding suficient Cautione and surety for the due 2 Observance of the saids acts in all tyme comeing, Lykeas by ane Decreet of Declarator at the pursuars instance and their predecessors instances against the persones underwritten and their predecessors and authors before the Lords of session upon the thretein of February Jaj vjc sixtie six The saids Lords Did Find and Declare as to the Saturdayes stope that all and everie Cruive should be open from Saturday at six at night till munday at sunriseing so that dureing that tyme fishes may goe up and doune the watter without being Catched or taken And that the wydnes betwixt each heck should be thrie inshes And that the Dyke quherupon the persones underwritten their Cruives are Cituate should be only one foot and one half of height above the superfice of the watter as the samen runeth in ordinary Course when ther is no Spait in the watter betwixt the fiftein of Aprill and the first of May and that dureing the Saturdays stope ther shall be ane shute of ane ell of wydnes keept up to the tope of each Cruive in all and evrie one of the Cruives And that the inscales shall be Laid by and made open in all and everie one of them dureing the tyme forsaid And that the Dyke shall be at the tope only half ane ell of Breadth And that dureing the tyme of the Saturdayes stope, The puded heritors of the neither cruives and fishing shall not fish with any Ingines or any maner of way within their oun bounds and liberties, And that the haill and every one of the saids particulars Should be observed by the saids pretended Cruive masters their tacksmen and Servants under the penaltie of ane Thousand punds Scots money to be payed toties quoties any faillie that shall be Comitted in the observance of the saids particulars, And that the said penaltie Shall be Imployed In the first place for satisfieing of the parties greived and the remander should be Imployed as the saids Lords of Councill should think fitt Lykeas the heritors of the uper watter haveing raised ane action and Lybell of Controventione before the saids Lords of Secret Councill against the Neither heritors of Don upon the Lawes and grounds abovespecified Did obtaine the said nather watter heritors to be amercied and fyned for transgressing therof As the Decreet of Councill given therupon the tenth of Aprill Jaj vjc Eightie four years at leanth bears, Lykeas by act of Privy Councill Did expressly prohibit and Discharge packing and cureing of Salmond, The Lords of privy Councill, Did expressly prohibit ad Discharge all heritors and tacksmen to give to their Servants any fishes for their fies as also Discharges all persones quhatsomever from buying any Salmond fishes fresh or salt from the servants of the heritors, as also Discharged all persones both heritors and tacksmen from salting or Cureing any Salmond, Bot what was the products of their respective fishings and that under the paine of thift Notwithstanding quherof Mr Alexander Davidsone of Newtoune, James Gordon of Seatton, Henry Panton of Boghall, John Burnet skiper in Aberdeen Mary Cochran relict of John Moir of Barnes George Johnstone of Overtoune Mr John Johnstone merchant in Aberdein his sone, Mr James Gordon persone of Neitherbanchrie, William Black advocat in Aberdeen Mr Alexander Alexander of Old Cruives, Mr Thomas Forbes of Robslaw, William Gordon merchant in Edinburgh Master Androw Masie regent in the Collodge of Edinburgh Issobell Meinzies relict of Mr Arthur Gordon […] Gordon her sone Patrick Irving of Beltie, Alexander Stewart of Culpney […] Barclay of Urie, Jannet Shand relict of Thomas Burnet merchant Mr John Gordon younger of Seatton and their servants wattermen and others whom they retaine And ilk ane of them in manifast contempt of the said Lawes and acts of Parliament and Decreets above mentioned Have ever since the said tenth of Aprill Jaj vjc Eightie four years and yearly and continually since syne keeped and mantained cruives upon the Said watter of Done, And have keeped up a dyke quherupon the said Cruives are built under St Machers church near the mouth of the said river and very near to Salt watter and farr within the said watter and upon sands and sheills, and wher the saids Cruives ware not formerly built and therby they have destroyed the smoults and fry of Salmond contrare to the saids Lawes and acts of Parliament, And notwithstanding that the pursuars have yearly and ilk year most frequently Desyred the fornamed persones under forme of instrument To Observe obey and obtempor the saids Lawes and Acts of Parliament and Decreet abovementioned in relation to the observance of the said saturdayes stope distance of the hecks keeping of the cruive dykes and fishing with forbidden and unlawfull ingynes without their bounds dureing the tyme of the said Saturdayes stope. yett they and everie one of them in amnifast Dispute and contempt of authoritie And to the pursuars great Loss hurt and prejudice have wilfully and masterfully keept on the cruives both hecks and inscales at the least the most part of them ilk Saturday at night from six acloak till munday at sunryseing and have and doe Constantly fish with netts and other ingynes, And Doe stent netts dureing the tyme of the saturdays Stope, And Doe Constantly stent netts on all occasiones from the one syde of the watter to the other beneath the saids Cruives Lykeas they have not observed the Distance of the hecks bot have constantly and yet does keep in hecks which are hardly two inches distant Lykeas they keep the said Damen of ane extraordinary hight and breath upon the Tope contrair to the said Declarater, In so farr as the same is and have allwayes been two ells broad at the Tope, And thrie foots high above the superfice of the watter as it runs its ordinary course betwixt the fiftein of Aprill and the first of May Lykeas the fornamed persones and ilk one of them doe put cross barrs athort the cruives, and wands them up with small wands Broome and Whinnes under the watter, so that the Smallest troot cannot goe thorow them, Lykeas the saids persones heritors of the saids Cruives and neither fishings have of purpose to defraud the pursuars built yearly a strong dyke or dame quher their Cruives are sett, That even in a great and Considerable speatt no fisch could swime over it and with all have not placed the said Cruives in the deep places of the watter wher fishes may swime Bot upon Bot upon3 shoals wher they cannot, And when ther was any speat in the watter So that fishes could come to the Cruives, Then they placed double Harrie watter netts and such Like inventiones before the rung of the Cruives, As Likwayes staves and Clipshafts betwixt the Scales, So that fish could swime throw them to goe up the watter to the manifast defraud and totall prejudice of the pursuares, And Furder upon all Occasiones to keep the fish from entering the Cruives, The said Cruive and Neitherwatter heritors and their Servants have stopt the current of the watter beneath the Cruives with great stones almost as high as the supperfice of the watter And how oft the same have been taken out by the pursuars They have alse oft put them in againe as they ware And Farder they have in the deep places of watter upon the back or Neither part of the Cruive dyke or damm built and made Lebbies or inclossers which receive the fish as they swime up the watter and detaine them untill the saids neither heritors and their servants take them up with clips and spears, And moreover quheras the rungs of the cruives ware formerly in leanth and height about ane ell and a half they have been and are ever since the said Decreet of Councill made no longer nor higher then about thrie quarters of ane ell, The present hight, of the cruives, which the said Cruive and Neither watter heritors doe off purpose, That now when the Bottom and neither most parts of the Cruives are made almost equall with the superfice of the watter, the same may not appear to be so albeit that when ther is no Spet ther will be litle more nor two inches of Deepens upon the bottom of the Cruives, So that no maner of Fish can sweem theron, And Further albeit that all fishing should be forborn dureing the tyme of the Saturdayes stope And that the tyme and maner of the said stope should be duely observed, yet the said tyme of drawing and makeing open the stopes in the cruives hath not been observed nor the stope made of the widness appointed by the forsaids Decreets, And with all the saids Naither heritors and their servants have fished dureing the tyme of the said stopes and even upon the Lords Day both by Netts, Lebbies, Fithes and other wayes and So insolent have they been in this practise that they have severall tymes Beatten the pursuars servants when they did in a legall way admonish them to desist therfrae And Further Wheras in all mylne damms ther should be ane open mid stream ye the said James Gordon of Seatton hath a very high and strong mylne damm without any Sluce or opening at all, And on that dyke or damm, which is no Cruivedyke keeps Constantly severall Lebbies or Inclossures at the back therof In which many fishes are taken, And albeit it be in the power of the said James Gordon who lives upon the bring of the River and who has the Sole Command of the servants they being all his oun tennents to hinder the Irregularities forsaids, not only at his oun damm dyke Bot one all other places of the river, yet he is so farr from Preventing the same that he is rather the author therof In so farr as he contrare to the rest of the heritors inclinationes does mantaine and leep the servants when for their Irregularities they are Discharged ther service as particularly one […] Wilsone when discharging The said James Gordon did nevertheless protect Mantaine and keep him in the service and payed his wages notwithstanding that he was Discharged the Service 4 by reasone of the frequent Complaints made be the pursuars against his Illegall fishing as also when the Servants doe Imbazle and steall their masters fishes And when upon Complaints the same is found in thir Custody the said James Gordone does oun the Same as his albeit the act of Privy Councill Declares It Thift in any man to salt or cure any Salmond except he be heritor or tacksman and Discharges any heritor or tacksman to salt or cure any more then the product of his oun intrest under the paine of Thift, Lykeas his oun millers And Domestick Servants Doe oft tymes on Sunday and other Occasiones fish with flees, spears, and other unlawfull ingynes to the pursuars great damnage Lyke as the said Mr John Gordon has notwithstanding of the act of the saids Lords salted and Cured Considerable quantities of Salmond more then the product of his oun intrest and has ouned the Salmond, So illegally salted and cured, And notwithstanding they have been seized by the shirreff, yet has packed and avowedly made use of the same wherthrow the servants are the more encouradged to their forsaid Illegall practise And the designe of the saids Lords their act intirely frustrated, and the Illegall packing and salting of Salmond So farr encouradged that they run the hazard of Looseing that esteem which formerly they hade abroad, To the great damnadge not only of the pursuars bot also of the whole nation who have any concerne in the Salmond fishing And lastly to evidence the evill and malicious designes of the saids neither heritors for cureing on the saids acts of injustice and oppressione They keep and mantaine for that end a pack of Debauched and infameous persones to Serve in the said fishing a great part therof have been Declared fugitives for thift and other crymes and will not answer at any Court by all which deeds and practises The said Mr Alexander Davidson and remanent persones above complained upon have not only Contraveened the forsaids Lawes and acts of Parliament and Decreets above mentioned, And incurred the paines and penalties therin contained ilk ane of them yearly and monethly since the tenth day of Aprill Jaj vjc Eightie four years Bot also have damnified and prejudged them in the Soume of Two Thousand punds yearly and ilk year for the space and tyme abovementioned And Therfore Ought and should not only be Decerned to make payment of the penalties abovementioned as also of the Loss and damnage sustained by the pursuars in maner forsaid Extending in the haill to the soume of […] And to find Cautione to obtemper fulfill and obey the forsaids Lawes and acts of Parliament and Decreet of Declarator abovementioned Bot Lykewayes they ought to be examplarly punished in their persones and goods to the terror of others to comitt and doe the lyke in tyme comeing And Anent The charge given to the haill fornamed persones defenders To have Compeired before the saids Lords should think fitt as in the forsaid Lybell and executiones therof more fully is Contained Which Lybell being called upon the fourth day of August instant And the said Earle of Kintoir and Master of Forbes two of the pursuars Compeiring Personally for themselves, And the rest of the pursuars who ware absent with Sir James Ogilvie, Mr Hew Dalrymple, Mr David Dalrymple James Stewart Senior Mr James Scougall and Mr Robert Forbes ther advocats And the said Mr Alexander Davidsone, The above James Gordon of Seatton and William Gordon merchant in Edinburgh thrie of the saids defenders Compeiring also personally with Sir Robert Colt, Sir David Thores, and William Gordon advocats for the heritors of the Fishing of the said Neither Watter, and Mr William Monypennie and William Black a defender advocats for the heritors of the cruives on the said Neither Watter, And the haill remanent defendars being all lawfullie cited oftentymes called and not Compeiring The said Lybell with the answers given in therto be the heritors of the fishing on the said Neither Watter And Lykewayes the answers given in for the heritors of the Cruives upon the Same, Being all read and Considered and the advocats fully heard, The Lords of their Majesties privy Councill Doe grant certificatione against the haill absent defenders, And ordained letters of Denunciatione to be direct to messengers at armes Commanding them to pass to the marcat cross of […] and their in their majesties names and authoritie to duely Lawfullie and orderly Denunce the saids haill absent defenders their Majesties rebells and put them to their highnes horne, And ordaine all their movaball goods and geir to be Escheat and inbrought to their Majesties use for their contemption and Disobedience And Imediatly therafter to use the haill remanent order appointed by act of Parliament, And the saids Lords Ordained the witnesses to be examined and nominated and appointed a Commitie of their oun number for examineing the saids witnesses Reserving all objections which might be made against these witnesses to be proponed and discussed by the said Committie, With power to the said Committie to receive any legall defences quhich might be proponed befor them for excuseing the absence of any of the defenders And the haill witnesses cited did Compeir and made faith at the barr, And being examined by the said Committie They Deponed in maner mentioned in their respective depositiones as the samen Lying in proces bears And the Committie conforme to the power given to them be the Councill Sustained the excuses made for Robert Gordon sone to Mr Arthur Gordon and Issobell Mainzies his mother and the said Mary Cochran thrie of the defendars And Repones them against the Certificatione And the saids Lords of Privy Councill Having this day Considered the forsaid Lybell with the writtes produced for either partie and petitiones and informationes given in for them Togither with the depositiones of the witnesses adduced for the pursuar for proveing the points and articles of the Lybell They have Assoylzied and heirby Assoylzies Issobell Meinzies relict of umquhill Mr Arthur Gordon advocat and Robert Gordon her Sone and William Gordon merchant in Edinburgh thrie of the defenders from the points and articles of the Lybell In Respect neither they nor their authors are subscryvers of the Contract betwixt the heritors of the Neither Watter and the heritors of the Cruives, And the saids Lords Finds the points following suficiently proven viz the bigging of Labbies and takeing fish therin the casting in of Stones, before the Cruives wherby the Fishes are hindred to sweem up the watter, The building of Cruive-dykes higher then the degree appointed by Decret of the Lords of Session And the fishing with a Stented nett from bank to Bank, And Therfore The Saids Lords Have Fyned and heirby Fynes the defenders (except the thrie abovespecified) In the Soume of Five Thousand merks scots to be payed the one half therof be the heritors of the fishings on the Neither Watter, And the other half be the heritors of the cruives each of them in Solidum for their oun respective halfes, And appoints on third part of the said fyne to be payed in maner forsaid To Sir Patrick Murray of Saltcoatts Collector of their Majesties Croun rents for their highnes use, And the other two third parts therof to be payed to the pursuars for their damnage expences and charges, And Ordaines the Lobbies allready built to be Immediatly cast doun and taken away and Discharges the Rebuilding or makeing use of Lobbies in tyme comeing, And Lykewayes Discharges the makeing use of a Stented nett from Bank to Bank The tyme of the Saturdayes stope in all tyme comeing And Ordaines letters of horning upon fiftein dayes and others needfull to be direct heiron in forme as effeirs.

Edinburgh the Eleventh day of August Jaj vjc Nyntie two years Post Meridiem

D1692/8/351

Decreet

Decreet The Earl of Kintoir Master of Forbes and others Against The heritors of the Cruves and Fishings of Neitherdon

Anent the Lybell pursued before the Lords of their Majesties privy Councill at the instance of John Earle of Kintoir William Master of Forbes Sir John Forbes of Cragivar, Patrick Lesley of Balquhyne, William Forbes of Munimusk John Skeen of Dyce, James Moir of Stoniewood, George Patton of Grandarne and Alexander Pattron of Kinaldie heritors of the Salmond fishing upon the watter of Done above the Cruives and Sir William Lockhart their Majesties Soliciter for their highnes intrest Makeing mention That quher albeit by the lawes and acts of Parliament of this kingdome and particularly by the sixtein the act of Alexander the second, The Eleventh act of King James the Sixth first his first parliament, the Seventie thrid act tenth parliament King James the thrid, The fiftein act 2d Parliament King James the fourth, The Sixteinth act parliament fourth King James the fifth, The sixtie Eight act nynth parliament Queen Mary, The Eightie nynth act sixth parliament King James the sixth, The thrid act Parliament seventh James the sixth, And by the threttie third act of Parliament first Charles second dated the Fourth day of Jully Jaj vjc Sixtie one Ratifieing and Approveing the forsaids haill acts And appointing the same to be put to due execution It is statute and ordained that no Cruives nor Zaires in Fresh watters shall be sett upon sands or shales farr within the river wher they ware not before Bot that all such cruives and Zairs shall be put doune and taken away And that no Cruives shall be suffered to stand in forbidden tyme, And that all who has Cruives shall keep the lawes anent Saturdayes stops and that six foot in the midstream shall be keeped allwayes open, And that ther shall be thrie Inshes of Differance betwixt each heck under the paines and penalties contained in the forsaids acts, And Especially by the said […] It is apppoynted that the Contraveeners of the saids act shall not only pay the soume of Twentie punds scots toties quoties And that the penalties the one half therof shall be uplifted for their Majesties use and the other half therof for the use and behoove of the parties damnified and who should first Challange and insist against the Contraveeners of the saids acts, And quhich penalties are appointed to be uplifted without any defaulcation Bot also it is appoynted that the executione therof shall be without prejudice of the partie interessed To insist against the transgressors of the saids acts And ilk ane of them for the prejudice and Loss sustained therby and finding suficient Cautione and surety for the due 2 Observance of the saids acts in all tyme comeing, Lykeas by ane Decreet of Declarator at the pursuars instance and their predecessors instances against the persones underwritten and their predecessors and authors before the Lords of session upon the thretein of February Jaj vjc sixtie six The saids Lords Did Find and Declare as to the Saturdayes stope that all and everie Cruive should be open from Saturday at six at night till munday at sunriseing so that dureing that tyme fishes may goe up and doune the watter without being Catched or taken And that the wydnes betwixt each heck should be thrie inshes And that the Dyke quherupon the persones underwritten their Cruives are Cituate should be only one foot and one half of height above the superfice of the watter as the samen runeth in ordinary Course when ther is no Spait in the watter betwixt the fiftein of Aprill and the first of May and that dureing the Saturdays stope ther shall be ane shute of ane ell of wydnes keept up to the tope of each Cruive in all and evrie one of the Cruives And that the inscales shall be Laid by and made open in all and everie one of them dureing the tyme forsaid And that the Dyke shall be at the tope only half ane ell of Breadth And that dureing the tyme of the Saturdayes stope, The puded heritors of the neither cruives and fishing shall not fish with any Ingines or any maner of way within their oun bounds and liberties, And that the haill and every one of the saids particulars Should be observed by the saids pretended Cruive masters their tacksmen and Servants under the penaltie of ane Thousand punds Scots money to be payed toties quoties any faillie that shall be Comitted in the observance of the saids particulars, And that the said penaltie Shall be Imployed In the first place for satisfieing of the parties greived and the remander should be Imployed as the saids Lords of Councill should think fitt Lykeas the heritors of the uper watter haveing raised ane action and Lybell of Controventione before the saids Lords of Secret Councill against the Neither heritors of Don upon the Lawes and grounds abovespecified Did obtaine the said nather watter heritors to be amercied and fyned for transgressing therof As the Decreet of Councill given therupon the tenth of Aprill Jaj vjc Eightie four years at leanth bears, Lykeas by act of Privy Councill Did expressly prohibit and Discharge packing and cureing of Salmond, The Lords of privy Councill, Did expressly prohibit ad Discharge all heritors and tacksmen to give to their Servants any fishes for their fies as also Discharges all persones quhatsomever from buying any Salmond fishes fresh or salt from the servants of the heritors, as also Discharged all persones both heritors and tacksmen from salting or Cureing any Salmond, Bot what was the products of their respective fishings and that under the paine of thift Notwithstanding quherof Mr Alexander Davidsone of Newtoune, James Gordon of Seatton, Henry Panton of Boghall, John Burnet skiper in Aberdeen Mary Cochran relict of John Moir of Barnes George Johnstone of Overtoune Mr John Johnstone merchant in Aberdein his sone, Mr James Gordon persone of Neitherbanchrie, William Black advocat in Aberdeen Mr Alexander Alexander of Old Cruives, Mr Thomas Forbes of Robslaw, William Gordon merchant in Edinburgh Master Androw Masie regent in the Collodge of Edinburgh Issobell Meinzies relict of Mr Arthur Gordon […] Gordon her sone Patrick Irving of Beltie, Alexander Stewart of Culpney […] Barclay of Urie, Jannet Shand relict of Thomas Burnet merchant Mr John Gordon younger of Seatton and their servants wattermen and others whom they retaine And ilk ane of them in manifast contempt of the said Lawes and acts of Parliament and Decreets above mentioned Have ever since the said tenth of Aprill Jaj vjc Eightie four years and yearly and continually since syne keeped and mantained cruives upon the Said watter of Done, And have keeped up a dyke quherupon the said Cruives are built under St Machers church near the mouth of the said river and very near to Salt watter and farr within the said watter and upon sands and sheills, and wher the saids Cruives ware not formerly built and therby they have destroyed the smoults and fry of Salmond contrare to the saids Lawes and acts of Parliament, And notwithstanding that the pursuars have yearly and ilk year most frequently Desyred the fornamed persones under forme of instrument To Observe obey and obtempor the saids Lawes and Acts of Parliament and Decreet abovementioned in relation to the observance of the said saturdayes stope distance of the hecks keeping of the cruive dykes and fishing with forbidden and unlawfull ingynes without their bounds dureing the tyme of the said Saturdayes stope. yett they and everie one of them in amnifast Dispute and contempt of authoritie And to the pursuars great Loss hurt and prejudice have wilfully and masterfully keept on the cruives both hecks and inscales at the least the most part of them ilk Saturday at night from six acloak till munday at sunryseing and have and doe Constantly fish with netts and other ingynes, And Doe stent netts dureing the tyme of the saturdays Stope, And Doe Constantly stent netts on all occasiones from the one syde of the watter to the other beneath the saids Cruives Lykeas they have not observed the Distance of the hecks bot have constantly and yet does keep in hecks which are hardly two inches distant Lykeas they keep the said Damen of ane extraordinary hight and breath upon the Tope contrair to the said Declarater, In so farr as the same is and have allwayes been two ells broad at the Tope, And thrie foots high above the superfice of the watter as it runs its ordinary course betwixt the fiftein of Aprill and the first of May Lykeas the fornamed persones and ilk one of them doe put cross barrs athort the cruives, and wands them up with small wands Broome and Whinnes under the watter, so that the Smallest troot cannot goe thorow them, Lykeas the saids persones heritors of the saids Cruives and neither fishings have of purpose to defraud the pursuars built yearly a strong dyke or dame quher their Cruives are sett, That even in a great and Considerable speatt no fisch could swime over it and with all have not placed the said Cruives in the deep places of the watter wher fishes may swime Bot upon Bot upon3 shoals wher they cannot, And when ther was any speat in the watter So that fishes could come to the Cruives, Then they placed double Harrie watter netts and such Like inventiones before the rung of the Cruives, As Likwayes staves and Clipshafts betwixt the Scales, So that fish could swime throw them to goe up the watter to the manifast defraud and totall prejudice of the pursuares, And Furder upon all Occasiones to keep the fish from entering the Cruives, The said Cruive and Neitherwatter heritors and their Servants have stopt the current of the watter beneath the Cruives with great stones almost as high as the supperfice of the watter And how oft the same have been taken out by the pursuars They have alse oft put them in againe as they ware And Farder they have in the deep places of watter upon the back or Neither part of the Cruive dyke or damm built and made Lebbies or inclossers which receive the fish as they swime up the watter and detaine them untill the saids neither heritors and their servants take them up with clips and spears, And moreover quheras the rungs of the cruives ware formerly in leanth and height about ane ell and a half they have been and are ever since the said Decreet of Councill made no longer nor higher then about thrie quarters of ane ell, The present hight, of the cruives, which the said Cruive and Neither watter heritors doe off purpose, That now when the Bottom and neither most parts of the Cruives are made almost equall with the superfice of the watter, the same may not appear to be so albeit that when ther is no Spet ther will be litle more nor two inches of Deepens upon the bottom of the Cruives, So that no maner of Fish can sweem theron, And Further albeit that all fishing should be forborn dureing the tyme of the Saturdayes stope And that the tyme and maner of the said stope should be duely observed, yet the said tyme of drawing and makeing open the stopes in the cruives hath not been observed nor the stope made of the widness appointed by the forsaids Decreets, And with all the saids Naither heritors and their servants have fished dureing the tyme of the said stopes and even upon the Lords Day both by Netts, Lebbies, Fithes and other wayes and So insolent have they been in this practise that they have severall tymes Beatten the pursuars servants when they did in a legall way admonish them to desist therfrae And Further Wheras in all mylne damms ther should be ane open mid stream ye the said James Gordon of Seatton hath a very high and strong mylne damm without any Sluce or opening at all, And on that dyke or damm, which is no Cruivedyke keeps Constantly severall Lebbies or Inclossures at the back therof In which many fishes are taken, And albeit it be in the power of the said James Gordon who lives upon the bring of the River and who has the Sole Command of the servants they being all his oun tennents to hinder the Irregularities forsaids, not only at his oun damm dyke Bot one all other places of the river, yet he is so farr from Preventing the same that he is rather the author therof In so farr as he contrare to the rest of the heritors inclinationes does mantaine and leep the servants when for their Irregularities they are Discharged ther service as particularly one […] Wilsone when discharging The said James Gordon did nevertheless protect Mantaine and keep him in the service and payed his wages notwithstanding that he was Discharged the Service 4 by reasone of the frequent Complaints made be the pursuars against his Illegall fishing as also when the Servants doe Imbazle and steall their masters fishes And when upon Complaints the same is found in thir Custody the said James Gordone does oun the Same as his albeit the act of Privy Councill Declares It Thift in any man to salt or cure any Salmond except he be heritor or tacksman and Discharges any heritor or tacksman to salt or cure any more then the product of his oun intrest under the paine of Thift, Lykeas his oun millers And Domestick Servants Doe oft tymes on Sunday and other Occasiones fish with flees, spears, and other unlawfull ingynes to the pursuars great damnage Lyke as the said Mr John Gordon has notwithstanding of the act of the saids Lords salted and Cured Considerable quantities of Salmond more then the product of his oun intrest and has ouned the Salmond, So illegally salted and cured, And notwithstanding they have been seized by the shirreff, yet has packed and avowedly made use of the same wherthrow the servants are the more encouradged to their forsaid Illegall practise And the designe of the saids Lords their act intirely frustrated, and the Illegall packing and salting of Salmond So farr encouradged that they run the hazard of Looseing that esteem which formerly they hade abroad, To the great damnadge not only of the pursuars bot also of the whole nation who have any concerne in the Salmond fishing And lastly to evidence the evill and malicious designes of the saids neither heritors for cureing on the saids acts of injustice and oppressione They keep and mantaine for that end a pack of Debauched and infameous persones to Serve in the said fishing a great part therof have been Declared fugitives for thift and other crymes and will not answer at any Court by all which deeds and practises The said Mr Alexander Davidson and remanent persones above complained upon have not only Contraveened the forsaids Lawes and acts of Parliament and Decreets above mentioned, And incurred the paines and penalties therin contained ilk ane of them yearly and monethly since the tenth day of Aprill Jaj vjc Eightie four years Bot also have damnified and prejudged them in the Soume of Two Thousand punds yearly and ilk year for the space and tyme abovementioned And Therfore Ought and should not only be Decerned to make payment of the penalties abovementioned as also of the Loss and damnage sustained by the pursuars in maner forsaid Extending in the haill to the soume of […] And to find Cautione to obtemper fulfill and obey the forsaids Lawes and acts of Parliament and Decreet of Declarator abovementioned Bot Lykewayes they ought to be examplarly punished in their persones and goods to the terror of others to comitt and doe the lyke in tyme comeing And Anent The charge given to the haill fornamed persones defenders To have Compeired before the saids Lords should think fitt as in the forsaid Lybell and executiones therof more fully is Contained Which Lybell being called upon the fourth day of August instant And the said Earle of Kintoir and Master of Forbes two of the pursuars Compeiring Personally for themselves, And the rest of the pursuars who ware absent with Sir James Ogilvie, Mr Hew Dalrymple, Mr David Dalrymple James Stewart Senior Mr James Scougall and Mr Robert Forbes ther advocats And the said Mr Alexander Davidsone, The above James Gordon of Seatton and William Gordon merchant in Edinburgh thrie of the saids defenders Compeiring also personally with Sir Robert Colt, Sir David Thores, and William Gordon advocats for the heritors of the Fishing of the said Neither Watter, and Mr William Monypennie and William Black a defender advocats for the heritors of the cruives on the said Neither Watter, And the haill remanent defendars being all lawfullie cited oftentymes called and not Compeiring The said Lybell with the answers given in therto be the heritors of the fishing on the said Neither Watter And Lykewayes the answers given in for the heritors of the Cruives upon the Same, Being all read and Considered and the advocats fully heard, The Lords of their Majesties privy Councill Doe grant certificatione against the haill absent defenders, And ordained letters of Denunciatione to be direct to messengers at armes Commanding them to pass to the marcat cross of […] and their in their majesties names and authoritie to duely Lawfullie and orderly Denunce the saids haill absent defenders their Majesties rebells and put them to their highnes horne, And ordaine all their movaball goods and geir to be Escheat and inbrought to their Majesties use for their contemption and Disobedience And Imediatly therafter to use the haill remanent order appointed by act of Parliament, And the saids Lords Ordained the witnesses to be examined and nominated and appointed a Commitie of their oun number for examineing the saids witnesses Reserving all objections which might be made against these witnesses to be proponed and discussed by the said Committie, With power to the said Committie to receive any legall defences quhich might be proponed befor them for excuseing the absence of any of the defenders And the haill witnesses cited did Compeir and made faith at the barr, And being examined by the said Committie They Deponed in maner mentioned in their respective depositiones as the samen Lying in proces bears And the Committie conforme to the power given to them be the Councill Sustained the excuses made for Robert Gordon sone to Mr Arthur Gordon and Issobell Mainzies his mother and the said Mary Cochran thrie of the defendars And Repones them against the Certificatione And the saids Lords of Privy Councill Having this day Considered the forsaid Lybell with the writtes produced for either partie and petitiones and informationes given in for them Togither with the depositiones of the witnesses adduced for the pursuar for proveing the points and articles of the Lybell They have Assoylzied and heirby Assoylzies Issobell Meinzies relict of umquhill Mr Arthur Gordon advocat and Robert Gordon her Sone and William Gordon merchant in Edinburgh thrie of the defenders from the points and articles of the Lybell In Respect neither they nor their authors are subscryvers of the Contract betwixt the heritors of the Neither Watter and the heritors of the Cruives, And the saids Lords Finds the points following suficiently proven viz the bigging of Labbies and takeing fish therin the casting in of Stones, before the Cruives wherby the Fishes are hindred to sweem up the watter, The building of Cruive-dykes higher then the degree appointed by Decret of the Lords of Session And the fishing with a Stented nett from bank to Bank, And Therfore The Saids Lords Have Fyned and heirby Fynes the defenders (except the thrie abovespecified) In the Soume of Five Thousand merks scots to be payed the one half therof be the heritors of the fishings on the Neither Watter, And the other half be the heritors of the cruives each of them in Solidum for their oun respective halfes, And appoints on third part of the said fyne to be payed in maner forsaid To Sir Patrick Murray of Saltcoatts Collector of their Majesties Croun rents for their highnes use, And the other two third parts therof to be payed to the pursuars for their damnage expences and charges, And Ordaines the Lobbies allready built to be Immediatly cast doun and taken away and Discharges the Rebuilding or makeing use of Lobbies in tyme comeing, And Lykewayes Discharges the makeing use of a Stented nett from Bank to Bank The tyme of the Saturdayes stope in all tyme comeing And Ordaines letters of horning upon fiftein dayes and others needfull to be direct heiron in forme as effeirs.

1. NRS, PC2/24, 106v-111v.

2. The word ‘obedience’ scored out here.

3. Sic.

4. The words ‘and payed his wages’ scored out here.

1. NRS, PC2/24, 106v-111v.

2. The word ‘obedience’ scored out here.

3. Sic.

4. The words ‘and payed his wages’ scored out here.

Act, 11 August 1692 (pm), Edinburgh

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Edinburgh the Eleventh day of August Jaj vjc Nyntie two years Post Meridiem

D1692/8/341

Act

Act The Commissioners of Supply of the Shyre of Innverness

Anent a Petition given in to the Lords of their Majesties Privy Councill be Sir Hew Campbell of Calder Duncan Forbes of Culloden Thomas Frazer of Bowfort, Mr William Robison of Iniess, William Mcintosh of Borline George Cuthbert of Castlehill Donald Mcintosh of Kelachie Hew Frazer of Beladrum Hew Frazer of Dalalich Alexander Frazer of Relut, Hew Frazer of Balindoune Commissioners of the old supply of the shyre of Innerness Shewing That wher they ware pursued before the Lords of session at the instance of John Watsone as representing the deceast Thomas Watsone sometyme their Collector for the Soume of one Thousand six hundred twentie two punds nyne shilling scots money adebted be the petitioners as Commissioners to the said Collection As also for the intrest of the said soume since the date of a protest taken against the petitioners and their then Collector in Jully Jaj vjc Eightie thrie, Albeit it be of verity that the said debt was only owing by them as Commissioners acting profitably for the behoove of the shyre, upon Which consideratione when this matter was represented to the saids Lords in anno Jaj vjc Eightie Six, They by their Decreet dated the seventeinth day of June the said year Ordained that the petitioners Commissioners of the Old Supply and these of the new for the said shyre should meet any nyne of them being a quorum for Imposeing of what should be found due to the said old Collector proportionally upon the heritors of the said shyre, And that the same should be uplifted by quartureing and all other executione competent as the said act of Councill therwith produced bears Bot Because of ane oversight of the then Clerk the forsaid act did bear no warrand for directing of letters, The saids Commissioners could never be gott Conveened Wherfore necessary it was that the forsaid defect be supplyed be the saids Lords warrand And defect be supplyed be the saids Lords warrand And that letters might be direct to the effect forsaid at the instance of James Dunbarr the present Collector of the said shyre in Suppliement of the said former act And Therfore Humbly Craveing The saids Lords would give warrand that letters might be direct upon the said former act against 2 Commissioners to Conveen as also against the heritors to make payment of the proportiones to be Laid upon them of the said soume principall or intrest under the paine of quartering and all other executione Competent Conforme to the tenor and intent therof in all points and that the Clerk would give them ane new act therupon bearing the said warrand as the petitione bears The Lords of their Majesties Privy Councill haveing Considered this petition given in to them be the above Sir Heugh Campbell and others with the former act of Councill mentioned therin and produced therwith They heirby of Now (as in the former act) Ordaine the Commissioners of the old and new Supply for the Said Shyre of Innverness or any nyne of them (who they declair to be a suficient quorum) To meett take tryall and Impose the soumes resting to the above John Watsone proportionally upon the heritors of that shyre and quartering and all executione to pass accordingly at the instance of the above James Dunbar present Collector of the said shyre, And ordaines letters of horning to be direct at the instance of the said James against the forsaids Commissioners for meeting takeing tryall and Imposeing as said is.

Edinburgh the Eleventh day of August Jaj vjc Nyntie two years Post Meridiem

D1692/8/341

Act

Act The Commissioners of Supply of the Shyre of Innverness

Anent a Petition given in to the Lords of their Majesties Privy Councill be Sir Hew Campbell of Calder Duncan Forbes of Culloden Thomas Frazer of Bowfort, Mr William Robison of Iniess, William Mcintosh of Borline George Cuthbert of Castlehill Donald Mcintosh of Kelachie Hew Frazer of Beladrum Hew Frazer of Dalalich Alexander Frazer of Relut, Hew Frazer of Balindoune Commissioners of the old supply of the shyre of Innerness Shewing That wher they ware pursued before the Lords of session at the instance of John Watsone as representing the deceast Thomas Watsone sometyme their Collector for the Soume of one Thousand six hundred twentie two punds nyne shilling scots money adebted be the petitioners as Commissioners to the said Collection As also for the intrest of the said soume since the date of a protest taken against the petitioners and their then Collector in Jully Jaj vjc Eightie thrie, Albeit it be of verity that the said debt was only owing by them as Commissioners acting profitably for the behoove of the shyre, upon Which consideratione when this matter was represented to the saids Lords in anno Jaj vjc Eightie Six, They by their Decreet dated the seventeinth day of June the said year Ordained that the petitioners Commissioners of the Old Supply and these of the new for the said shyre should meet any nyne of them being a quorum for Imposeing of what should be found due to the said old Collector proportionally upon the heritors of the said shyre, And that the same should be uplifted by quartureing and all other executione competent as the said act of Councill therwith produced bears Bot Because of ane oversight of the then Clerk the forsaid act did bear no warrand for directing of letters, The saids Commissioners could never be gott Conveened Wherfore necessary it was that the forsaid defect be supplyed be the saids Lords warrand And defect be supplyed be the saids Lords warrand And that letters might be direct to the effect forsaid at the instance of James Dunbarr the present Collector of the said shyre in Suppliement of the said former act And Therfore Humbly Craveing The saids Lords would give warrand that letters might be direct upon the said former act against 2 Commissioners to Conveen as also against the heritors to make payment of the proportiones to be Laid upon them of the said soume principall or intrest under the paine of quartering and all other executione Competent Conforme to the tenor and intent therof in all points and that the Clerk would give them ane new act therupon bearing the said warrand as the petitione bears The Lords of their Majesties Privy Councill haveing Considered this petition given in to them be the above Sir Heugh Campbell and others with the former act of Councill mentioned therin and produced therwith They heirby of Now (as in the former act) Ordaine the Commissioners of the old and new Supply for the Said Shyre of Innverness or any nyne of them (who they declair to be a suficient quorum) To meett take tryall and Impose the soumes resting to the above John Watsone proportionally upon the heritors of that shyre and quartering and all executione to pass accordingly at the instance of the above James Dunbar present Collector of the said shyre, And ordaines letters of horning to be direct at the instance of the said James against the forsaids Commissioners for meeting takeing tryall and Imposeing as said is.

1. NRS, PC2/24, 105v-106v.

2. The word ‘The’ scored out here.

1. NRS, PC2/24, 105v-106v.

2. The word ‘The’ scored out here.

Sederunt, 11 August 1692 (pm), Edinburgh

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Edinburgh the Eleventh day of 1 August Jaj vjc Nyntie two years Post Meridiem2

D1692/8/333

Sederunt

Lord Chancelor; Earl of Melvill; Duke of Queensberry; Earl of Drumlanrig; Earl of Linlithgow; Earl of Strathmor; Earl of Lothian; Earl of Forfar; Earl of Kintoir; Earl of Brodalbine; Viscount Tarbatt; Viscount Stair; Lord Raith; Lord Cardross; Lord Carmicheall; Lord Polwarth; Master of Forbes; Lord Enstruther; Laird of Blackbarony; Laird of Stivenson; Sir William Lockhart; Sir Patrick Murray

Edinburgh the Eleventh day of 1 August Jaj vjc Nyntie two years Post Meridiem2

D1692/8/333

Sederunt

Lord Chancelor; Earl of Melvill; Duke of Queensberry; Earl of Drumlanrig; Earl of Linlithgow; Earl of Strathmor; Earl of Lothian; Earl of Forfar; Earl of Kintoir; Earl of Brodalbine; Viscount Tarbatt; Viscount Stair; Lord Raith; Lord Cardross; Lord Carmicheall; Lord Polwarth; Master of Forbes; Lord Enstruther; Laird of Blackbarony; Laird of Stivenson; Sir William Lockhart; Sir Patrick Murray

1. The word ‘Jully’ scored out here.

2. NRS, PC2/24, 105v.

3. NRS, PC2/24, 105v.

1. The word ‘Jully’ scored out here.

2. NRS, PC2/24, 105v.

3. NRS, PC2/24, 105v.

Procedure: committee formed, 10 August 1692, Edinburgh

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Edinburgh the Tenth day of August Jaj vjc nyntie two years

D1692/8/321

Procedure: committee formed

Comittie Mr William Nimo

The Lords of their majesties privy Councill haveing heard a Petition given in to them be Mr William Nimo Craveing to be reponed to his office of Commissar Clerk of Glasgow with the answers made therto for Mr Alexander Stivensone Read in their presence They heirby Recomend to my Lord Carmicheall and the Laird of Blackbarrony to meet with with2 both parties and to endeavor to setle and agree upon the above matter.

Edinburgh the Tenth day of August Jaj vjc nyntie two years

D1692/8/321

Procedure: committee formed

Comittie Mr William Nimo

The Lords of their majesties privy Councill haveing heard a Petition given in to them be Mr William Nimo Craveing to be reponed to his office of Commissar Clerk of Glasgow with the answers made therto for Mr Alexander Stivensone Read in their presence They heirby Recomend to my Lord Carmicheall and the Laird of Blackbarrony to meet with with2 both parties and to endeavor to setle and agree upon the above matter.

1. NRS, PC2/24, 105r-105v.

2. Sic.

1. NRS, PC2/24, 105r-105v.

2. Sic.

Procedure: remission, 10 August 1692, Edinburgh

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Edinburgh the Tenth day of August Jaj vjc nyntie two years

D1692/8/311

Procedure: remission

Remitt Tillibodie qra The Laird of Dunns

The Lords of their majesties privy Councill Haveing Considered a Petition given in to them be Georg Abercrombie of Tillibodie They heirby Remitt David Erskine of Dunn to pursue action of compt and reckoning against the representatives of the deceast George Ogilvie and his Cautioner before the Lords of session, And Refusses to Sustaine farder process before the Councill In respect George Ogilvie is dead and the debt must be constitute against his representatives upon the passive titles And Recomends to the Lords of Session to proceid to the said compt and rekoning with as much expedition as the nature of the same will allow, And that sumarly without abyding the course of the roll

Edinburgh the Tenth day of August Jaj vjc nyntie two years

D1692/8/311

Procedure: remission

Remitt Tillibodie qra The Laird of Dunns

The Lords of their majesties privy Councill Haveing Considered a Petition given in to them be Georg Abercrombie of Tillibodie They heirby Remitt David Erskine of Dunn to pursue action of compt and reckoning against the representatives of the deceast George Ogilvie and his Cautioner before the Lords of session, And Refusses to Sustaine farder process before the Councill In respect George Ogilvie is dead and the debt must be constitute against his representatives upon the passive titles And Recomends to the Lords of Session to proceid to the said compt and rekoning with as much expedition as the nature of the same will allow, And that sumarly without abyding the course of the roll

1. NRS, PC2/24, 105r.

1. NRS, PC2/24, 105r.

Act, 10 August 1692, Edinburgh

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Edinburgh the Tenth day of August Jaj vjc nyntie two years

D1692/8/301

Act

Act Lord Bargeny Against Muir

Anent a Petitione given in to the Lords of their Majesties privy Councill be John Lord Bargeny Shewing That quheras the saids Lords upon Thursday last was pleased after a full hearing of the affair betwixt Hew Muir and the petitioner they did simpliciter suspend the pretended Decreet at his instance against the petitioner, yet the said Hew Muir is still contending to retard the petitioner in extracting the saids Lords interloquitor in the termes 2 the same was pronunced that he might therby Catch some advantage in the petitioners absence as he formerly did in obtaineing the forsaid pretended decreet And Therfore humbly Craveing the saids Lords to adhear to their former interloquitor and to ordaine the Clerk to give him out ane extract of the same in the termes it was pronunced be the saids Lords. as the petition bears The Lords of their Majesties privy Councill Haveing heard this petition given in to them be the above Lord Bargeny They adhere to their former interloquitor in the petitioners favors suspending the letters simpliciter And ordaines the same to be extracted.

Edinburgh the Tenth day of August Jaj vjc nyntie two years

D1692/8/301

Act

Act Lord Bargeny Against Muir

Anent a Petitione given in to the Lords of their Majesties privy Councill be John Lord Bargeny Shewing That quheras the saids Lords upon Thursday last was pleased after a full hearing of the affair betwixt Hew Muir and the petitioner they did simpliciter suspend the pretended Decreet at his instance against the petitioner, yet the said Hew Muir is still contending to retard the petitioner in extracting the saids Lords interloquitor in the termes 2 the same was pronunced that he might therby Catch some advantage in the petitioners absence as he formerly did in obtaineing the forsaid pretended decreet And Therfore humbly Craveing the saids Lords to adhear to their former interloquitor and to ordaine the Clerk to give him out ane extract of the same in the termes it was pronunced be the saids Lords. as the petition bears The Lords of their Majesties privy Councill Haveing heard this petition given in to them be the above Lord Bargeny They adhere to their former interloquitor in the petitioners favors suspending the letters simpliciter And ordaines the same to be extracted.

1. NRS, PC2/24, 105r.

2. The word ‘of’ scored out here.

1. NRS, PC2/24, 105r.

2. The word ‘of’ scored out here.

Sederunt, 10 August 1692, Edinburgh

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Edinburgh the Tenth day of August Jaj vjc nyntie two years1

D1692/8/292

Sederunt

Lord Chancelor; Earl of Melvill P: Seall; Duke of Queensbery; Earl of Drumlanrig; Earl of Forfar; Earl of Kintoir; Earl of Linlithgow; Earl of Strathmoir; Earl of Lothian; Earl of Brodalbine; Viscount Tarbatt; Viscount Stair; Lord Raith; Lord Cardross; Lord Carmicheall; Lord Polwarth; Master of Forbes; Lord Secretary; Lord Fontonhall; Lord Enstruther; Laird of Blackbarrony; Laird of Stivenson; Sir Tho Livingstoune; Sir William Lockhart; Sir Patrick Murray

Edinburgh the Tenth day of August Jaj vjc nyntie two years1

D1692/8/292

Sederunt

Lord Chancelor; Earl of Melvill P: Seall; Duke of Queensbery; Earl of Drumlanrig; Earl of Forfar; Earl of Kintoir; Earl of Linlithgow; Earl of Strathmoir; Earl of Lothian; Earl of Brodalbine; Viscount Tarbatt; Viscount Stair; Lord Raith; Lord Cardross; Lord Carmicheall; Lord Polwarth; Master of Forbes; Lord Secretary; Lord Fontonhall; Lord Enstruther; Laird of Blackbarrony; Laird of Stivenson; Sir Tho Livingstoune; Sir William Lockhart; Sir Patrick Murray

1. NRS, PC2/24, 104v.

2. NRS, PC2/24, 104v.

1. NRS, PC2/24, 104v.

2. NRS, PC2/24, 104v.

Decreet, 9 August 1692 (pm), Edinburgh

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[9 August 1692] Eodem Die Post meridiem

D1692/8/281

Decreet

Decreet Dundas Against Kelso and others

Anent our Soveraigne Lord and Ladies letters raised at the instance of Mr John Dundas late Surveyar at Newport Glasgow and Sir William Lockhart their majesties Solicitor for their highnes intrest in the matter underwritten Mentioning That quher albeit by the law of this and all other weell governed Nationes, The unwarrantable and forcible breaking up of any persones doors Chists and trunks, And the Supplieing robbing and away takeing of the goods geir and others within the same Espealy when the same is done by the advice Connivance and permission of the persones To whose custody and keeping the saids goods ware Committed Bot more Especially quher the saids goods are seized Robbed Spulzied and away taken without order of law or any Just ground or reasone whatsomever and when the persones spulziers knew and ware told that these goods ware Imported and reported severall moneths before the persones who robbed the samen ware in office hade any Commissione or came to any trust competent for them to quarrell the same by crymes of a high Nature and severly punishable, nevertheless It is of veritie that the said Mr John Dundas haveing a Chamber and being residenter in the house of Robert Mcneill Clerk to the custome office at Newport Glasgow And haveing his trunks and other goods Lockfast and lying their quherby the said Robert Mcneill was to answer for the Safe custody, yet the said Robert was so farr from that, That he on the contrary upon the sixth day of may last or one or other of the dayes of the said moneth Did introduce Robert Cunninghame Collector at Newport Glasgow John Kelsoe Surveyor James Hamilton the said Robert Mcneill Robert Noble waitter James Turner waitter and some other waitters at least by his allowance Connivance and permission they went to the said pursuars Chamber and ther the saids persones or one or other of them contrair to all Law broak up ane pantry quher the pursuars goods lay and defacto violently caried away a parcell of fyne amber beeds and rendered a parcell of Tobacco in the said Pantry useless and not being therwith content, They also broak up the said pursuars trunk quher his goods money papers and others ware, Which does evidently appear by the naills drawen out of the backbonds therof and new Naills, put in place of the same, And the pursuar cannot as yet distinctly know or come to the knowledge of quhar is a missing or they have taken out of the Same Notwithstanding that Alexander Peirie the said Mr Johns Nevoy (Mr John being at Glasgow for the tyme) Did offer to let them seall the said locks in the house of the said Clerks of the Custome office and under his Custody till the nixt day that Mr John returned returned2 from Glasgow at which tyme the saids locks and dorrs should be made patent to them, And therafter they went to the house of John Crafurd late baillie of Glasgow now liveing at Newport Glasgow and their violently took out of his house a parcell of more Tobacco belonging to the said pursuar all which goods (by and attour the many papers and other goods which he cannot as yet Distinctly know, the value of) Extend at least to the value of Two hundred punds Sterling money and all this done by the fornamed persones after they ware told that the forsaids goods and others robbed ware Imported and reported and long before ever the present tacksmen Collector Surveyors or others hade any Commission to quarell the same Lykeas the said pursuar haveing by a procurator in his name upon the nynth day of may last Requyred the fornamed persones under forme of instrument aither to deliver back the saids goods and others robbed as said is, In Respect that they ware Imported and reported prior to the tacks and Commissiones which consisted with Mcniell his oun knowledge and which was then ouned and affirmed be George Hane who was Clerk the tyme of the Importatione, Bot at that tyme Collector Dalzell positively refused ane antrie, or otherwayes protested they might be Lyable and make payment to the said pursuar of the value of the saids goods and alse of all charges and expences he should be put to in recovering the samen which they refused as ane instrument taken therupon bears, Wherthrow the said Robert Cunninghame Robert Mcneill John Kelso James Hamilton and others above named are guilty of ane high and manifast Ryot, And Ought and should not only be Decerned to pay to the said pursuar the soume of […] as the value of the saids goods spulzied as a forsaid Bot likewayes otherwayes severly punished in their persones and goods to the terror of others to committ the like in tyme comeing as the said Lybell bears And Anent the charges given to the fornamed persones defenders To have Compeired before the saids Lords of Privy Councill at ane certaine day to have answered to the grounds of the above Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should think fitt under the paine of rebellion etc with Certificatione etc Which being called in presence of the saids Lords upon the thretein day of Jully last And the said pursuar Compeiring personally with Mr Hew Dalrymple and Mr William Dundas and his advocats And John Kelsoe Robert Mcneill and Robert Noble thrie of the defenders who by warrand of Councill of the date the […] day of Jully last were allowed to Compeir and sist themselves for the wholl defenders Compeiring also personally with James Stewart Senior and Mr John Meinzies their advocats The Lybell and answers made therto be the defenders being Considered be the saids Lords and both parties advocats fully heard The saids Lords Recomended to a Committie of their oun number to call for and hear both parties and endeavor to setle and agree them in the above matter and to Report to the Councell And the Committie haveing mett They gave in the report following viz That they haveing heard the Laird of Howstoune two tacksmen of the Customes his present Clerk and Surveyer and Mr John Dundas anent the breaking open of the said Mr John his doors and Carieing away the beeds and Tobacco Lybelled They Find that these goods being in the custody of Mr John Dundas wher he was Kings servant as Surveyer and Continued in his Custody when the doors was brock up yet they could not be considered as concealled goods Especially Considering that the circumstances of his possession was knowen to the present Clerk and Surveyer And Therfore that the breaking up of the saids doors and carieing away of the goods was most Unwarrantable And the Comittie gave it as their Opinion that the Defenders in the first place should be Decerned to restore the saids goods And that the present surveyer should be ordained to pay to the said Mr John Dundas ane Hundred merks scots as the charges and expences he hade been at in the prosecutione of this affair as the report bears The Lords of their majesties privy Councill Haveing Considered the above report They approve therof And Decernes and Ordaines the fornamed persones defenders in the first place To Restore and Deliver back to the said pursuar the goods forsaids wrongeously taken from him as said is, And Decernes and Ordaines the said John Olelso present surveyer ane of the defenders To make payment to the said pursuar of the soume of Ane Hundred merks as the charges and expences he has been at in prosecutione of this affair But Prejudice allwayes to the said Mr John Dundas to recover payment of other expences he has been or shall be put to from any other persones concerned as accords of law And Ordaines letters of horning on fiftein dayes and others needfull to be direct heiron in forme as effeirs.

[9 August 1692] Eodem Die Post meridiem

D1692/8/281

Decreet

Decreet Dundas Against Kelso and others

Anent our Soveraigne Lord and Ladies letters raised at the instance of Mr John Dundas late Surveyar at Newport Glasgow and Sir William Lockhart their majesties Solicitor for their highnes intrest in the matter underwritten Mentioning That quher albeit by the law of this and all other weell governed Nationes, The unwarrantable and forcible breaking up of any persones doors Chists and trunks, And the Supplieing robbing and away takeing of the goods geir and others within the same Espealy when the same is done by the advice Connivance and permission of the persones To whose custody and keeping the saids goods ware Committed Bot more Especially quher the saids goods are seized Robbed Spulzied and away taken without order of law or any Just ground or reasone whatsomever and when the persones spulziers knew and ware told that these goods ware Imported and reported severall moneths before the persones who robbed the samen ware in office hade any Commissione or came to any trust competent for them to quarrell the same by crymes of a high Nature and severly punishable, nevertheless It is of veritie that the said Mr John Dundas haveing a Chamber and being residenter in the house of Robert Mcneill Clerk to the custome office at Newport Glasgow And haveing his trunks and other goods Lockfast and lying their quherby the said Robert Mcneill was to answer for the Safe custody, yet the said Robert was so farr from that, That he on the contrary upon the sixth day of may last or one or other of the dayes of the said moneth Did introduce Robert Cunninghame Collector at Newport Glasgow John Kelsoe Surveyor James Hamilton the said Robert Mcneill Robert Noble waitter James Turner waitter and some other waitters at least by his allowance Connivance and permission they went to the said pursuars Chamber and ther the saids persones or one or other of them contrair to all Law broak up ane pantry quher the pursuars goods lay and defacto violently caried away a parcell of fyne amber beeds and rendered a parcell of Tobacco in the said Pantry useless and not being therwith content, They also broak up the said pursuars trunk quher his goods money papers and others ware, Which does evidently appear by the naills drawen out of the backbonds therof and new Naills, put in place of the same, And the pursuar cannot as yet distinctly know or come to the knowledge of quhar is a missing or they have taken out of the Same Notwithstanding that Alexander Peirie the said Mr Johns Nevoy (Mr John being at Glasgow for the tyme) Did offer to let them seall the said locks in the house of the said Clerks of the Custome office and under his Custody till the nixt day that Mr John returned returned2 from Glasgow at which tyme the saids locks and dorrs should be made patent to them, And therafter they went to the house of John Crafurd late baillie of Glasgow now liveing at Newport Glasgow and their violently took out of his house a parcell of more Tobacco belonging to the said pursuar all which goods (by and attour the many papers and other goods which he cannot as yet Distinctly know, the value of) Extend at least to the value of Two hundred punds Sterling money and all this done by the fornamed persones after they ware told that the forsaids goods and others robbed ware Imported and reported and long before ever the present tacksmen Collector Surveyors or others hade any Commission to quarell the same Lykeas the said pursuar haveing by a procurator in his name upon the nynth day of may last Requyred the fornamed persones under forme of instrument aither to deliver back the saids goods and others robbed as said is, In Respect that they ware Imported and reported prior to the tacks and Commissiones which consisted with Mcniell his oun knowledge and which was then ouned and affirmed be George Hane who was Clerk the tyme of the Importatione, Bot at that tyme Collector Dalzell positively refused ane antrie, or otherwayes protested they might be Lyable and make payment to the said pursuar of the value of the saids goods and alse of all charges and expences he should be put to in recovering the samen which they refused as ane instrument taken therupon bears, Wherthrow the said Robert Cunninghame Robert Mcneill John Kelso James Hamilton and others above named are guilty of ane high and manifast Ryot, And Ought and should not only be Decerned to pay to the said pursuar the soume of […] as the value of the saids goods spulzied as a forsaid Bot likewayes otherwayes severly punished in their persones and goods to the terror of others to committ the like in tyme comeing as the said Lybell bears And Anent the charges given to the fornamed persones defenders To have Compeired before the saids Lords of Privy Councill at ane certaine day to have answered to the grounds of the above Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should think fitt under the paine of rebellion etc with Certificatione etc Which being called in presence of the saids Lords upon the thretein day of Jully last And the said pursuar Compeiring personally with Mr Hew Dalrymple and Mr William Dundas and his advocats And John Kelsoe Robert Mcneill and Robert Noble thrie of the defenders who by warrand of Councill of the date the […] day of Jully last were allowed to Compeir and sist themselves for the wholl defenders Compeiring also personally with James Stewart Senior and Mr John Meinzies their advocats The Lybell and answers made therto be the defenders being Considered be the saids Lords and both parties advocats fully heard The saids Lords Recomended to a Committie of their oun number to call for and hear both parties and endeavor to setle and agree them in the above matter and to Report to the Councell And the Committie haveing mett They gave in the report following viz That they haveing heard the Laird of Howstoune two tacksmen of the Customes his present Clerk and Surveyer and Mr John Dundas anent the breaking open of the said Mr John his doors and Carieing away the beeds and Tobacco Lybelled They Find that these goods being in the custody of Mr John Dundas wher he was Kings servant as Surveyer and Continued in his Custody when the doors was brock up yet they could not be considered as concealled goods Especially Considering that the circumstances of his possession was knowen to the present Clerk and Surveyer And Therfore that the breaking up of the saids doors and carieing away of the goods was most Unwarrantable And the Comittie gave it as their Opinion that the Defenders in the first place should be Decerned to restore the saids goods And that the present surveyer should be ordained to pay to the said Mr John Dundas ane Hundred merks scots as the charges and expences he hade been at in the prosecutione of this affair as the report bears The Lords of their majesties privy Councill Haveing Considered the above report They approve therof And Decernes and Ordaines the fornamed persones defenders in the first place To Restore and Deliver back to the said pursuar the goods forsaids wrongeously taken from him as said is, And Decernes and Ordaines the said John Olelso present surveyer ane of the defenders To make payment to the said pursuar of the soume of Ane Hundred merks as the charges and expences he has been at in prosecutione of this affair But Prejudice allwayes to the said Mr John Dundas to recover payment of other expences he has been or shall be put to from any other persones concerned as accords of law And Ordaines letters of horning on fiftein dayes and others needfull to be direct heiron in forme as effeirs.

1. NRS, PC2/24, 102v-104v.

2. Sic.

1. NRS, PC2/24, 102v-104v.

2. Sic.

Act, 9 August 1692 (pm), Edinburgh

Posted on by

[9 August 1692] Eodem Die Post meridiem

D1692/8/271

Act

Act Dame Christian Dundas relict of Sir Walter Seatton

Anent our Soveraigne Lord and Ladies letters raised and pursued before the Lords of their majesties privy Councill at the instance of Dame Christian Dundas relict of Sir Walter Seatton Mentioning That quher the pursuar being provyded to Lyfrent Two Thousand six hundred merks by her contract of mariadge, And her said deceast husband haveing therafter purchased the Lands of Bonhard and Northbank Joyntlie with the deceast James Cornwall of Bonhard, He granted bond of Provision for a lyfrent of Two Thousand pund for ane house yearly, On which no infeftment did nor 2 needed to follow In Respect that the defunct hade never any reall, Bot only a personall right to the said estate, Which bond of provisione to her said contract was considered as a valid and suficient Conveyance of the personall right of the saids Lands Which was all the right Sir Walter hade therto And the reall right therof being purchased in name of Bonhard in trust for the Joynt use and behoove of the said deceast Sir Walter, The right of that trust was also caried by the forsaid personall bond of provisione, yet neverthless now after the decease of the said pursuars husband, Walter Cornwall now of Bonhard pretens to exclude her outterly from any intrest in her Joyntur, albeit the pursuar be effectually secured therin by her bond of provisione and quherupon she hath raised a Declarator of her right and that the said Walter Cornwall now of Bonhard the air of the trustie should denude in the pursuars favors, And seing the pursuar can not possibly subsist without she hade present access to her said Joynture for her necessary aliement and intertinament, And Therfore the saids Lords Ought to Decerne the pursuar to be put in possession of the saids lands of Northbank Corshill Ryhill and Eastfeild of Bonhard which are specially mentioned in the pursuars bond of Provisione And quherin her said deceast husband dyed in possessione Or otherwayes to modifie such ane aliement to be payed to the pursuar yearly out of the forsaids lands as the saids Lords should think fitt, Untill the forsaid action Depending before the Lords of Councill and session be determined And Anent the charge given to the said defender To have Compeired personally before the saids Lords this day to answer to the ground of the abovewritten Complaint And to have heard and seen such order and course taken theranent as the saids Lords should think fitt with certificatione to him if he faillzied the saids Lords would proceid and doe in the said matter as they should find cause, as the saids letters and executiones therof bears Which being called in presence of the saids Lords this day And Sir Walter Seatton Sone to the said pursuar Compeiring in her name with Mr Hew Dalrymple her advocat And the defender Comeiring personally with James Stewart senior and Mr Mark Lermonth his advocats. The Lords of their majesties privy Councill Have modified and heirby modifies the soume of ane Thousand merks scots yearly to the pursuar for her aliement dureing the dependance of the proces of Declarator at her instance against the defender before the Lords of Session, And appoints the pursuar to continue in possession of als much of the lands which her husband dyed in possession of, and quherof she is or has been in possessione since her husbands decease as will satisfie and pay the forsaid yearly aliement dureing the space abovewritten

[9 August 1692] Eodem Die Post meridiem

D1692/8/271

Act

Act Dame Christian Dundas relict of Sir Walter Seatton

Anent our Soveraigne Lord and Ladies letters raised and pursued before the Lords of their majesties privy Councill at the instance of Dame Christian Dundas relict of Sir Walter Seatton Mentioning That quher the pursuar being provyded to Lyfrent Two Thousand six hundred merks by her contract of mariadge, And her said deceast husband haveing therafter purchased the Lands of Bonhard and Northbank Joyntlie with the deceast James Cornwall of Bonhard, He granted bond of Provision for a lyfrent of Two Thousand pund for ane house yearly, On which no infeftment did nor 2 needed to follow In Respect that the defunct hade never any reall, Bot only a personall right to the said estate, Which bond of provisione to her said contract was considered as a valid and suficient Conveyance of the personall right of the saids Lands Which was all the right Sir Walter hade therto And the reall right therof being purchased in name of Bonhard in trust for the Joynt use and behoove of the said deceast Sir Walter, The right of that trust was also caried by the forsaid personall bond of provisione, yet neverthless now after the decease of the said pursuars husband, Walter Cornwall now of Bonhard pretens to exclude her outterly from any intrest in her Joyntur, albeit the pursuar be effectually secured therin by her bond of provisione and quherupon she hath raised a Declarator of her right and that the said Walter Cornwall now of Bonhard the air of the trustie should denude in the pursuars favors, And seing the pursuar can not possibly subsist without she hade present access to her said Joynture for her necessary aliement and intertinament, And Therfore the saids Lords Ought to Decerne the pursuar to be put in possession of the saids lands of Northbank Corshill Ryhill and Eastfeild of Bonhard which are specially mentioned in the pursuars bond of Provisione And quherin her said deceast husband dyed in possessione Or otherwayes to modifie such ane aliement to be payed to the pursuar yearly out of the forsaids lands as the saids Lords should think fitt, Untill the forsaid action Depending before the Lords of Councill and session be determined And Anent the charge given to the said defender To have Compeired personally before the saids Lords this day to answer to the ground of the abovewritten Complaint And to have heard and seen such order and course taken theranent as the saids Lords should think fitt with certificatione to him if he faillzied the saids Lords would proceid and doe in the said matter as they should find cause, as the saids letters and executiones therof bears Which being called in presence of the saids Lords this day And Sir Walter Seatton Sone to the said pursuar Compeiring in her name with Mr Hew Dalrymple her advocat And the defender Comeiring personally with James Stewart senior and Mr Mark Lermonth his advocats. The Lords of their majesties privy Councill Have modified and heirby modifies the soume of ane Thousand merks scots yearly to the pursuar for her aliement dureing the dependance of the proces of Declarator at her instance against the defender before the Lords of Session, And appoints the pursuar to continue in possession of als much of the lands which her husband dyed in possession of, and quherof she is or has been in possessione since her husbands decease as will satisfie and pay the forsaid yearly aliement dureing the space abovewritten

1. NRS, PC2/24, 102r-102v.

2. The word ‘needed’ scored out here.

1. NRS, PC2/24, 102r-102v.

2. The word ‘needed’ scored out here.

Act, 9 August 1692 (pm), Edinburgh

Posted on by

[9 August 1692] Eodem Die Post meridiem

D1692/8/261

Act

Act James Pitcarne and Janet Corss

Anent a Petitione given in to the Lords of their Majesties privy Councill be James Pitcairn in Windieage in Monbland and Jannet Corss their Shewing That wher the said James Pitcairn being resolved to mary Did Fix his Choise upon the said Jannet Corss and haveing obtained her consent he did enter in a Contract of mariadge with her And all her freinds with the knowledge of the wholl Nighbourhead, And therafter gave up their names for proclamatione Which was accordingly done, And objecting or suggesting any Impediement they ware therafter bona fide maried, And did Co-habit as man and wyfe for more nor thrie moneths untill that a Surmise Aryssing, That the said Jannet was grant Neice to his first wyfe Jean Corss who was half sister by the father to Jannet Corss her grandmother The presbytrie took notice of their mariage as within degrees forbidden And wherupon Discharged their Co-habitatione To which they willingly obtempored And seing that the saids Lords might plainely perceive that their Error in mariadge was ane Error non2 tam facti quam Juris In as much as that the law of Mosses to Which the act of Parliament James Parliament 1st Caput 15. Expressly referrs doeth not at all make mention of their said degree and relation bot only that a man should not Lye with his uncles wyfe Which tho by parity of reasone It may be extended to his wyfes neice, yet both this extension is Contraverted among the best Lawiers, And the farder extensione of it To a grand neice by a half sister might escape the notice of persones of farr greater knowledge and Capacity, then they could be supposed to be off Wherby the saids Lords might plainely perceive how Innocent the unfortunate they are in the forsaid matter, And all farder content that their mariadge be Desolved be the Comissare of Edinburgh Judges competent If so be that they shall find that they have indeed maried within degrees forbidden And Therfore Humbly Craveing the saids Lords in Consideration of the premisses and of their Innocent error and mistake therin To excuse them at the least in the mean tyme for what is past And to forbid and Discharge any Criminall pursuit to be intented against them, They obstaineing to Co-habit for the futur untill the Commissars of Edinburgh as the Judges competent shall Cognosie of the validitie or invaliditie of the said maraidge as the petition hears, The Lords of their Majesties Privy Councill haveing Considered this petitione given in to them be the above James Pitcairn and Jannet Corss, They heirby Discharge any Criminall process to be intented against the petitioners upon the account of the above mariadge, The petitioner allwayes abstaineing from Cohabiting togither untill the legallity or Illegalitie of their mariadge be detained by the Commissioners of Edinburgh Judges competent therto, And ordaines them to find suficient Caution acted in the books of Privy Councill for that effect under the penaltie of Two hundred punds scots before extracting heirof.

[9 August 1692] Eodem Die Post meridiem

D1692/8/261

Act

Act James Pitcarne and Janet Corss

Anent a Petitione given in to the Lords of their Majesties privy Councill be James Pitcairn in Windieage in Monbland and Jannet Corss their Shewing That wher the said James Pitcairn being resolved to mary Did Fix his Choise upon the said Jannet Corss and haveing obtained her consent he did enter in a Contract of mariadge with her And all her freinds with the knowledge of the wholl Nighbourhead, And therafter gave up their names for proclamatione Which was accordingly done, And objecting or suggesting any Impediement they ware therafter bona fide maried, And did Co-habit as man and wyfe for more nor thrie moneths untill that a Surmise Aryssing, That the said Jannet was grant Neice to his first wyfe Jean Corss who was half sister by the father to Jannet Corss her grandmother The presbytrie took notice of their mariage as within degrees forbidden And wherupon Discharged their Co-habitatione To which they willingly obtempored And seing that the saids Lords might plainely perceive that their Error in mariadge was ane Error non2 tam facti quam Juris In as much as that the law of Mosses to Which the act of Parliament James Parliament 1st Caput 15. Expressly referrs doeth not at all make mention of their said degree and relation bot only that a man should not Lye with his uncles wyfe Which tho by parity of reasone It may be extended to his wyfes neice, yet both this extension is Contraverted among the best Lawiers, And the farder extensione of it To a grand neice by a half sister might escape the notice of persones of farr greater knowledge and Capacity, then they could be supposed to be off Wherby the saids Lords might plainely perceive how Innocent the unfortunate they are in the forsaid matter, And all farder content that their mariadge be Desolved be the Comissare of Edinburgh Judges competent If so be that they shall find that they have indeed maried within degrees forbidden And Therfore Humbly Craveing the saids Lords in Consideration of the premisses and of their Innocent error and mistake therin To excuse them at the least in the mean tyme for what is past And to forbid and Discharge any Criminall pursuit to be intented against them, They obstaineing to Co-habit for the futur untill the Commissars of Edinburgh as the Judges competent shall Cognosie of the validitie or invaliditie of the said maraidge as the petition hears, The Lords of their Majesties Privy Councill haveing Considered this petitione given in to them be the above James Pitcairn and Jannet Corss, They heirby Discharge any Criminall process to be intented against the petitioners upon the account of the above mariadge, The petitioner allwayes abstaineing from Cohabiting togither untill the legallity or Illegalitie of their mariadge be detained by the Commissioners of Edinburgh Judges competent therto, And ordaines them to find suficient Caution acted in the books of Privy Councill for that effect under the penaltie of Two hundred punds scots before extracting heirof.

1. NRS, PC2/24, 101r-101v.

2. Insertion.

1. NRS, PC2/24, 101r-101v.

2. Insertion.