Tag Archives: August

Act, 5 August 1697 (pm), Edinburgh

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D1697/8/131

Act

Act Robert Hamiltowne

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

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

D1697/8/131

Act

Act Robert Hamiltowne

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

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

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

Warrant, 5 August 1697 (pm), Edinburgh

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

D1697/8/121

Warrant

Warrand Stopping Logans act upon Drummairs bill

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

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

D1697/8/121

Warrant

Warrand Stopping Logans act upon Drummairs bill

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

1. NRS, PC2/27, 37r.

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

1. NRS, PC2/27, 37r.

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

Act, 5 August 1697 (pm), Edinburgh

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

D1697/8/111

Act

Act Slezer Browne and Adair

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

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

D1697/8/111

Act

Act Slezer Browne and Adair

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

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

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

Act, 5 August 1697 (pm), Edinburgh

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

D1697/8/101

Act

Act Innes Against Countess of Kincardine

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

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

D1697/8/101

Act

Act Innes Against Countess of Kincardine

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

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

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

Act, 5 August 1697 (pm), Edinburgh

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

D1697/8/91

Act

Act James Lwck anent victwall

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

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

D1697/8/91

Act

Act James Lwck anent victwall

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

1. NRS, PC2/27, 35v.

2. Two illegible words scored out here.

1. NRS, PC2/27, 35v.

2. Two illegible words scored out here.

Decreet, 5 August 1697 (pm), Edinburgh

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

D1697/8/81

Decreet

Decreit His majesties Advocat Against Pennyland and others

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

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

D1697/8/81

Decreet

Decreit His majesties Advocat Against Pennyland and others

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

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

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

Decreet, 5 August 1697 (pm), Edinburgh

Posted on by

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

D1697/8/71

Decreet

Decreit Alexander Dowll Against James Murray

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

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

D1697/8/71

Decreet

Decreit Alexander Dowll Against James Murray

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

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

2. Sic.

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

2. Sic.

Sederunt, 5 August 1697 (pm), Edinburgh

Posted on by

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

D1697/8/62

Sederunt

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

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

D1697/8/62

Sederunt

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

1. NRS, PC2/27, 30r.

2. NRS, PC2/27, 30r.

1. NRS, PC2/27, 30r.

2. NRS, PC2/27, 30r.

Act, 5 August 1697, Edinburgh

Posted on by

Att Edinburgh the Fifth day of Augwst Jaj vic nyntie Seven yeirs Ante meridiem

D1697/8/51

Act

Act dischargeing any applicatione be The Countess of Callander Against The Earle of Linlithgow

The Lords of his majesties privie Cownsell Doe heirby discharge ther Clerks to accept or receave in or present to The Councell or any of ther Lordships number any bill of Suspensione at The Cowntess of Callenders instance against The Earle of Linlithgow for Suspending The Earles Decreit of aliment pronunced by The Cownsell against the said Countess or any petitione or other Stopp whatsomever to the said decreit or executione therof untill the first Cowncell Day in December next to come And that in respect the said Cowntess haveing given in a petitione which The Earle was appointed to Sie and answer And therefter haveing given in a bill of Suspensione of the Decreit of aliment She hes taken both up againe efter The Earle hes given in ansuers to them both

Att Edinburgh the Fifth day of Augwst Jaj vic nyntie Seven yeirs Ante meridiem

D1697/8/51

Act

Act dischargeing any applicatione be The Countess of Callander Against The Earle of Linlithgow

The Lords of his majesties privie Cownsell Doe heirby discharge ther Clerks to accept or receave in or present to The Councell or any of ther Lordships number any bill of Suspensione at The Cowntess of Callenders instance against The Earle of Linlithgow for Suspending The Earles Decreit of aliment pronunced by The Cownsell against the said Countess or any petitione or other Stopp whatsomever to the said decreit or executione therof untill the first Cowncell Day in December next to come And that in respect the said Cowntess haveing given in a petitione which The Earle was appointed to Sie and answer And therefter haveing given in a bill of Suspensione of the Decreit of aliment She hes taken both up againe efter The Earle hes given in ansuers to them both

1. NRS, PC2/27, 30r.

1. NRS, PC2/27, 30r.

Decreet, 5 August 1697, Edinburgh

Posted on by

Att Edinburgh the Fifth day of Augwst Jaj vic nyntie Seven yeirs Ante meridiem

D1697/8/41

Decreet

Decreit Earle of Ruglen Against Lady Innergelly

Anent The lybell raised and persewed at the instance of John Earle of Rwglen before The Lords of privie Counsell with Concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater wnderwritten Makeing Mentione That wheras be the Lawes of this and all well governed nationes the entering into and possessing of any persones house by force and violence without order of Law Especiallie when the same is done wnder cloud and silence of night is a manifest ryot and a cryme of a high nature and severlie pwnishable yet nevertheles It is of veritie that […] Elleis Lady Innergellie and […] Lwinksden of Innergellie her husband for his interest John and Agnes Harpers in Elliestowne hes presumed to Committ and is gwiltie of the foirsaid cryme and ryot In so farr as the said Lady Innergellie accompanied with the saids John and Agnes Harpers and Severall others to the number of Eight or nyn persones ther accomplices Came upon the twentie Second of Jwllie instant to the Complainers house of Elliestoune under clowd of night being about twelve a cloake at night And the doors of the house being closs and Lockt and they haveing brought with them Ledders they Scaled the house and violentlie broke open the windows and entered in by the windows and possessed themselvs of the house and then broke open the doors and still violently and unjustly detains the house yeards and inclosures and browght a number of beasts and putt in, in the yeard and incloswres and distroyed all the said Complainers grass that he was keeping for hay Off which high and manifest ryot the said Lady Innergellie John and Agnes Harpers are gwiltie as actors airt and pairt And they owght not only to be Summarly removed owt of the said house from the yeards and inclosures that the said Complainer may be repossest of the Samen and to be lyable to him in the Soume of […] for his damnadges But they owght to be severely and examplarly pwnished in ther persones and goods to the terror of others to Commit the lyke herefter And Anent the charge given to the saids defenders to have Compeared personallie befoir ther Lordships at ane certaine day now bygone to have answered to the grownds of the above Complaint And to have heard and Sein Swch order and Course taken theranent As the saids Lords Should think fitt wnder the paine of rebellion etc As the saids Lybell or Letters of complaint and executiones therof more fullie proports Which lybell being upon the third of Augwst instant called in presence of the saids Lords of privie Cownsell And the said Earle of Rwglen Compeareing personallie with Sir Patrick Home his advocat And the said […] Lwmbsdean of Innergellie for his interest and John and Agnes Harpers thrie of the defenders Compeareing also personallie And the said […] Elleris Lady Innergellie being Laufullie cited oft tymes called and not Compeareing The Lybell being Read the saids Lords of privie Cownsell granted certificatione against the said Lady Innergellie in respect of her absence and not compeareance And ordained Letters of Denunceatione to be direct against her and assoillzed her said husband from the haill points and articles of the said lybell and desyre of the persewar Craved therby in soe far as the Samen concerns or may be extended against him personallie And the saids Lords appointed the Shirreff principall of the Shyre of Linlithgow within which The Lands and house of Eleistowne Lyes and his deputs to eject and cast owt the said […] Elleis Lady Innergellie and her servants planishing and beasts owt of the possessione of the Same And the Saids Lords admitted the lybell to probatione against the said Agnes and John Harpers And the wittnesses being present and haveing made faith at the barr The saids Lords nominated a Comitie of their own number for exmaineing of the saids wittnesses And the said Countie haveing accordinglie mett They examined diverse and sundrie famous wittnesses who being all solemnly sworne and interrogat deponed as ther oathes and depositiones extant in processes bears And the saids Lords haveing this day advysed the said proces and haveing considered the depositiones of the wittnesses therin they find the lybell sufficientlie proven against the sadi Agnes and John Harpers and have decerned and ordained And heirby decernes and ordaines The Shireff principall of the Shirriffdome of Linlithgow and his depwts within which the house and Lands of Elleistowne lyes to eject remove and cast owt the said […] Elleis Lady Innergellie and her servants planishing and beasts out of the possessione of the houses of Elleistowne yeards and inclosures therof and the said Agnes and John Harpers furth and from the said house of Elleistowne and ther goods and beasts from the parks and yeards of Elleistowne and to Leave the Samen void and red and to reenter the said Earle of Rwglen persewar to the possession of the said house of Elleistowne parks yeards pairts and pertinents therof as he possesst the Samen before the ryot or violent intrustione lybelled was Committed and decernes and ordaines the saids Agnes and John Harpers two of the Saids defenders Conjunctllie and Severallie to make payment to the said Earle of Rwglen persewer of the Soume of Ane Hundered punds Scotts as coast Skaith and damnadge Sustained by him throwgh the said Agnes and John Harpers And ordaines The Shirreff of Linlithgow or his deputs or the macers of Cownsell and messengers at armes to seek search take and apprehend the said Agnes and John Harpers wherever they may be apprehended and Commit them prisoners to the next prisone ther to remaine ay and whill they make payment of the said Fyne And ordaines Letters of horneing to be direct on fiftein dayes wnder the Signet of Counsell for ejecting of the Lady Innergellie and Agnes and John Harpers and against the said Agnes and John Harpers

Att Edinburgh the Fifth day of Augwst Jaj vic nyntie Seven yeirs Ante meridiem

D1697/8/41

Decreet

Decreit Earle of Ruglen Against Lady Innergelly

Anent The lybell raised and persewed at the instance of John Earle of Rwglen before The Lords of privie Counsell with Concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater wnderwritten Makeing Mentione That wheras be the Lawes of this and all well governed nationes the entering into and possessing of any persones house by force and violence without order of Law Especiallie when the same is done wnder cloud and silence of night is a manifest ryot and a cryme of a high nature and severlie pwnishable yet nevertheles It is of veritie that […] Elleis Lady Innergellie and […] Lwinksden of Innergellie her husband for his interest John and Agnes Harpers in Elliestowne hes presumed to Committ and is gwiltie of the foirsaid cryme and ryot In so farr as the said Lady Innergellie accompanied with the saids John and Agnes Harpers and Severall others to the number of Eight or nyn persones ther accomplices Came upon the twentie Second of Jwllie instant to the Complainers house of Elliestoune under clowd of night being about twelve a cloake at night And the doors of the house being closs and Lockt and they haveing brought with them Ledders they Scaled the house and violentlie broke open the windows and entered in by the windows and possessed themselvs of the house and then broke open the doors and still violently and unjustly detains the house yeards and inclosures and browght a number of beasts and putt in, in the yeard and incloswres and distroyed all the said Complainers grass that he was keeping for hay Off which high and manifest ryot the said Lady Innergellie John and Agnes Harpers are gwiltie as actors airt and pairt And they owght not only to be Summarly removed owt of the said house from the yeards and inclosures that the said Complainer may be repossest of the Samen and to be lyable to him in the Soume of […] for his damnadges But they owght to be severely and examplarly pwnished in ther persones and goods to the terror of others to Commit the lyke herefter And Anent the charge given to the saids defenders to have Compeared personallie befoir ther Lordships at ane certaine day now bygone to have answered to the grownds of the above Complaint And to have heard and Sein Swch order and Course taken theranent As the saids Lords Should think fitt wnder the paine of rebellion etc As the saids Lybell or Letters of complaint and executiones therof more fullie proports Which lybell being upon the third of Augwst instant called in presence of the saids Lords of privie Cownsell And the said Earle of Rwglen Compeareing personallie with Sir Patrick Home his advocat And the said […] Lwmbsdean of Innergellie for his interest and John and Agnes Harpers thrie of the defenders Compeareing also personallie And the said […] Elleris Lady Innergellie being Laufullie cited oft tymes called and not Compeareing The Lybell being Read the saids Lords of privie Cownsell granted certificatione against the said Lady Innergellie in respect of her absence and not compeareance And ordained Letters of Denunceatione to be direct against her and assoillzed her said husband from the haill points and articles of the said lybell and desyre of the persewar Craved therby in soe far as the Samen concerns or may be extended against him personallie And the saids Lords appointed the Shirreff principall of the Shyre of Linlithgow within which The Lands and house of Eleistowne Lyes and his deputs to eject and cast owt the said […] Elleis Lady Innergellie and her servants planishing and beasts owt of the possessione of the Same And the Saids Lords admitted the lybell to probatione against the said Agnes and John Harpers And the wittnesses being present and haveing made faith at the barr The saids Lords nominated a Comitie of their own number for exmaineing of the saids wittnesses And the said Countie haveing accordinglie mett They examined diverse and sundrie famous wittnesses who being all solemnly sworne and interrogat deponed as ther oathes and depositiones extant in processes bears And the saids Lords haveing this day advysed the said proces and haveing considered the depositiones of the wittnesses therin they find the lybell sufficientlie proven against the sadi Agnes and John Harpers and have decerned and ordained And heirby decernes and ordaines The Shireff principall of the Shirriffdome of Linlithgow and his depwts within which the house and Lands of Elleistowne lyes to eject remove and cast owt the said […] Elleis Lady Innergellie and her servants planishing and beasts out of the possessione of the houses of Elleistowne yeards and inclosures therof and the said Agnes and John Harpers furth and from the said house of Elleistowne and ther goods and beasts from the parks and yeards of Elleistowne and to Leave the Samen void and red and to reenter the said Earle of Rwglen persewar to the possession of the said house of Elleistowne parks yeards pairts and pertinents therof as he possesst the Samen before the ryot or violent intrustione lybelled was Committed and decernes and ordaines the saids Agnes and John Harpers two of the Saids defenders Conjunctllie and Severallie to make payment to the said Earle of Rwglen persewer of the Soume of Ane Hundered punds Scotts as coast Skaith and damnadge Sustained by him throwgh the said Agnes and John Harpers And ordaines The Shirreff of Linlithgow or his deputs or the macers of Cownsell and messengers at armes to seek search take and apprehend the said Agnes and John Harpers wherever they may be apprehended and Commit them prisoners to the next prisone ther to remaine ay and whill they make payment of the said Fyne And ordaines Letters of horneing to be direct on fiftein dayes wnder the Signet of Counsell for ejecting of the Lady Innergellie and Agnes and John Harpers and against the said Agnes and John Harpers

1. NRS, PC2/27, 28r-30r.

1. NRS, PC2/27, 28r-30r.