D1693/12/21
D1693/12/212
Sederunt
Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Balhaven; Lord Polwarth; Master of Forbes; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; The Laird of Stivenson; Sir Thomas Livingston
1. NRS, PC2/24, 292r.
2. NRS, PC2/24, 292r.
1. NRS, PC2/24, 292r.
2. NRS, PC2/24, 292r.
D1693/12/20
D1693/12/201
Decreet
Anent our Soveraign Lord and Ladies letters raised and pursued befor the Lords of their majesties privy Councill at the instance of Thomas Crafurd of Carsburne with Concourse of Sir James Stewart ther majesties advocat for their highnes intrest in the matter underwritten Mentioning That quher albeit be the lawes of all weell governed nationes and kingdomes and by the Lawes and Constitutiones and express acts of parliament of the kingdome deforcements of messengers quhill in executione of his majesties letters beatting and abuseing of his assistance or Imployers, assassination and wilful fire raiseing, are crymes of ane high nature and most severly punishable, yet true it is that upon the […] day of march last or ane or other of the dayes of the said moneth the persuer haveing gone doune to brut with […]. Wood messenger in order to poynd and and2 arreist what goods he could gett belonging to Hector Bannatyne of Kaymes for payment of a debt owing to the pursuer be the said Hector conforme to a decreet before the Lords of Councill and sessione against him and accordingly the saids messengers haveing poynded the number of […] Sclaits and Caried two or thrie allongst with him and a strap of the Cornes out of the severall stacks after Compryssing of the same upon the ground in order to Compryz them also at the marcat cross of Rothsey And in his way therto haveing come with the pursuer to the house of Donald Hyndman at Tynrie Crove and quhill he attended with the said messenger […] Mclaughlan the pursuers servant and […] Crafurd Servitor to David Boill of Kelburne shirreff of Bute was sitting peacably in the house of the said Donald Hyndman compting with his tenants and setting his Land The persones underwritten (being hounded Out by the said Hector Bannatyne of Kaymes) without any Just Cause Occasion or provocatione whatsoever viz Elizabeth and Anna Banatynes sisters to the Laird of Kaymes, Mary Mcneill Spouse to John Ramsay Comissar Clerk of the Isles, Jean Beath schooll mistres in Rothsey Mary Mcneill ther Kathrin Mcintyre relict of umquhill […] Mcintyre burges ther, Hellen Bannatyne Spouse to James Ritchie Cook to Sir Thomas Stewart of Kirktoune […] Mconachie at the mylne of Rothesay and servant to the said Archibald Glass late provest of Rothsey Ninian Spence late of Wester kaymes, Issobell Mcneill servitrix to Archibald Mcgibben merchant in Rothsey Katherin Mcneill servitrix to Donald Frazer burges ther Margrat Leitch servitrix to the said Archibald Glass Mary Stewart servitrix to Robert Stewart Comonly called Collinssone ther Grizell Muir spouse to Robert Bannatyne Sailler ther […] Mcillrinoch servitrix to Mathew Reith their Angus Bannatyne widdow ther Mcmillan Spouse to John Mcmillan ther Katherin Ballantine spouse to […] Mcneill ther Robert and William Bannatynes saillers ther […] McConnochie spouse to John Mcmillan in Easter Kaymes Jean Mcintall younger spouse to Daniell Spence ther Mary Leitch sister to Donald Leitch ther, Jannet Glass spouse to John Mcintyre ther Katharine Bannatyne spouse to Ninian Milne of Easter Kaymes and Margrat Spence Spouse to John Mckeichan at the row of Ardbeg with severall others their accomplices all instigat and hounded out by the said Hector Bannatyne Did about the tenth hour of the said […] day of march ast or one or other of the dayes of the said moneth avowedly in the face of the Sun assault the3 house quherin the purseur was sitting, and did without the least provocation each of them haveing their apprones full of stones finding his horss tyed with the bridgle to the stanchell of the window at the said house Did slip the bridle from the horss head and beat him away who did runn straight home to his table in Rothsey being one of Sir James Stewarts horses, And at the same time did break the saids silents that were without the door which the said messenger was carieing allongst with him to appryse at the Cross for said Bot also most Cruely and inhumanly did throw great stones at the doors and windowes of the said house allwayes repeating these words, that they would murder the murdering soulless dog, and that he should never escape their hands And after five or six times throwing in Stones in a most Crewell and barbarous maner allwayes crying the forsaid words, and after they hade continued so to doe for the space of two hours Finding that by no means the pursuer would come out they at last brought fire and sett in the easing of the said house, That they might therby force him out and so might accomplish ther most Cruell wicked and barbarows intentiones of murdering his person and incapacitating his messenger and his associats from the furder executeing the saids letters, And the house haveing taken fire, so that the wholl house was filled with smoak and was like to have Choaked all persones within it specially the young Cheldrein whose cryes were most hidiouse and pitifull, The pursuer at Last ventered out, And when he came out they threw stones for along space at him and all in Company with him Wherby he was exceedingly bruised and particularly wounded most griviously and sorely in the legg to the great hazard of his life as will be attested by the phisitians and Chirurgeons that attended him, and when he hade with the assitance of some persones quenched the fire, he returned to the house thinking they would have disipated Bot on the contrary they more and more endeavored to accomplish their wicked Designes, so that the pursuer and his servant were forced to sitt in the door with their Swords in their hands, keeping in it upon the defence till […] Stewart servant to Sir James Stewart and […] his Groome came and keeped this Cruell assasines, who being upon returne of the horse without the pursuer as his ryder, sent up by ther said master He not knoweing what hade come of him sent these two persones in quest of him, and found him in the Conditione above represented Wherby it would evidently appear to the Lords of privy Councill That the haill persones abovenamed, and the haill abovenamed husbands and masters of the above named women as they were hounded out and instigat the said wifes and Servants, or by takeing them home without any resentment were approves of their acts and the said Hector Banatyne as he who hounded out the haill fornamed persones both men and women are guilty of ane high and manifast Ryot of Deforcement assassinatione willfull fire raiseing Injurie and oppression at least airt and part instigators or hounders out of the same, And Therfore Ought and should be severly and examplarly punished in their persones and goods to the terror of others to Comitt the like in time comeing and Anent the charge given to the saids defenders To have Compeired before the Lords of their majesties privy Councill at ane certaine day bygone To have answered to the grounds of the abovewritten Complaint and to have heard and seen such order and Course taken theranent as appertained Under the paine of Rebellion etc with Certificatione as the said Lybell and executiones therof bears Which letters being upon the nynth day of november last Called in presence of the Lords of their majesties privy Councill and the pursuer Compeiring personally with Mr Hew Dalrymple his advocat And the saids […] Bannatyne of Kaymes Elizabeth and Anna Bannatines his sisters, Archibald Glass, Archibald Mcgibben Agnes Bannatyne and Donald Frazer seven of thee defenders Compeiring alsoe personally with Sir James Ogilvie Sir Patrick Home and Mr Robert Stewart their advocats, And the rest of the defenders being Called and not Compeiring The Lybell and answers being read The pursuers advocat Craved Certificatione against the absents, The saids Lords of privy Councill haveing Considered the libell and answers and both parties advocats being fully heard The Lords Superceeded the granting of Certificatione against the absent till advyceing of the Cause, And Fand the4 Lybell5 relevant and admitted the same to the pursuers probatione, And the witnesses such of them as Compeired haveing made faith at the barr, They Recomended to a Committie of their ain number to examine them and Reserved all Objectiones that might been made against the witnesses to be proponed and discussed before the said Committie, And the above Committie haveing accordingly mett, The pursuer aduced Diverse and Sundrie fameous witnesses who being all solemnly sworne interrogate and examined Deponed and Declared as their oathes and depositiones extant in proces bears. And The Saids Lords of their Majesties privy Councill haveing this day again Considered the above Lybell with the Depositiones of the witnesses adduced by the pursuer for proveing the points and articles therof They heirby Grant Certificatione against the haill defenders cited in this proces and not Compeiring In Respect of their absence and not Compeirance Which at the first Calleing of this proces They Superceided to doe untill the advyceing of the Cause And Ordaines Letters of Denunceatione to be direct And Ordaines Letters of Denunceatione to be direct to maccers of privy Councill or messengers at armes Comanding them to pass to the mercat cross of […] and other places needfull and ther in ther majesties name and authoritie Duely Lawfullie and orderly denunce the saids haill defenders not Compeiring as said is, ther majesties rebells and put them to their highnes horne escheat and inbring all their moveable goods and geir to their majesties use for their contemptione and disobedience And the saids Lords Finds the Lybell Suficiently proven both as to the deforcement and Ryot Lybelled, And Finds that Agnes Bannatyne wes present at and guilty of the Ryot And Therfore Fynes her in the soume of ane Hundred merks scots And Decernes her to make payment to Carsburne the pursuer of the same defraying the Charges Debursed by him6 in adduceing of witnesses in this proces, And Finds the persones following were all present at and that some of them are guilty of the said Ryot and deforcement viz Robert Bannatyne William Bannatyne Issobell Mcneill Kathrin Mcneill Jean Bath Margrat Leitch, Mary Stewart Grizell Muir […] Mcillrinack servitrix to Mathow Beath […] Mcmillan Spouse to John Mcmillan Jannet Glass, Margrat Spence, Margaret Mcneill the Comissar Clerks wife, Hellen Bannatyne Cathran Banatyne spouse to Ninian Nicoll, Catharin Mcintyre […] Mconnachie spouse to John Mcmillan Jean Mcintall and Mary Leith And Therfore Ordaines […] shireffs or Bute and his depute after the letters of Denunciatione are Execute and registrated against them to search for sease upon apprehend and secure the persones forsaids and send them to Glasgow under a suficient guard, and in the second hand authorizes them to call for a partie of the standing forces to their assitance and Recomends to Sir Thomas Livingstone Commander in Cheiff of their Majesties forces within this kingdome to give the necessary orders to the said forces to be assisting to the said shirreff and his deputs for seasing the saids persones and transporting them to Glasgow, And Ordaines the magistrats of Glasgow to Comitt and detaine them prisoners in their Tolbooth untill they be delivered to the partie who shall be ordered by the said Sir Thomas Liveingston to Convey them from Glasgow to Edinburgh And Recommends to the said Sir Thomas to send a Suficient partie of their majesties forces to Convey the forsaids persones from Glasgow and keeper of ther Tolbooth to Deliver them to the said partie and appoints the magistrats of Edinburgh and keeper of their Tolbooth to receive them from the partie and to Committ and detaine them prisoners in ther Tolbooth till farder order of Councill And assolyzies Hector Bannatyne of Kaymes and Elizabeth Bannatyne of Kaymes and Elizabeth Bannatyne his sisters from the points and articles of the said Lybell And ordaines letters of horning on 15 dayes and other executions needfull in forme as effeirs.
1. NRS, PC2/24, 288v-291v.
2. Sic.
3. The word ‘said’ scored out here.
4. The word ‘Same’ scored out here.
5. Insertion.
6. The word ‘in’ scored out here.
1. NRS, PC2/24, 288v-291v.
2. Sic.
3. The word ‘said’ scored out here.
4. The word ‘Same’ scored out here.
5. Insertion.
6. The word ‘in’ scored out here.
D1693/12/19
D1693/12/191
Act
The Lords of their majesties privy Councill haveing by their act of the date the fourth day of August Jaj vjc nyntie two years, ordained all ministers who shall obtaine any aft or interloquitor of Councell in their favors anent vaccand stipends To signe and swear the Oath of alledgance in presence of one of the said number before extracting the said act or interloquitor Considering by the late act of parliament all ministers are appointed to swear and signe the said oath and signe the said assurance by which it is presumable that many have done the Same Therfore the saids Lords Declaires that it Shall be suficient for the forsaids ministers instead of takeing the said oath and assurance before a privy Councellor, To produce a Certificat of ther haveing taken the same before any person or persones suficeintly authorized for administrating therof And appoints the extracts of the acts and interloquitors to mention the productione of these Certificats and the Certificats themselves to remaine in the hands of the Clerks of Councill.
1. NRS, PC2/24, 288v.
1. NRS, PC2/24, 288v.
D1693/12/18
D1693/12/181
Warrant
The Lords of ther Majesties privy Councill Doe heirby allow the Clerks to give out Mr Thomas Forresters act of the date the Twentie Eight day of november last anent the stipend of St Androwes upon his produceing in their hands ane testificat that he has taken the oath of alledgance and assurance befor any persone authorized by Law to administrat the same albeit the warrand of the act appoints him to take the same before one of the Lords of privy Councill.
1. NRS, PC2/24, 288r.
1. NRS, PC2/24, 288r.
D1693/12/17
D1693/12/171
Order
The Lords of their majesties privy Councill doe heirby Recomend to the Lords Commissioners of their majesties thesaurie to allow and appoint to Mr Joseph Cleilland a non-Conforming minister presently prisoner for alledged subscriveing witnes to a false paper a Competent aliement for the subsistance of himself and his poor familly dureing the time of his Imprisonement.
1. NRS, PC2/24, 288r.
1. NRS, PC2/24, 288r.
D1693/12/16
D1693/12/162
Sederunt
Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Ross; Lord Beilhaven; Lord Polwarth; Master of Forbes; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; Mr Fr: Montgomrie; Laird of Pollock
1. NRS, PC2/24, 288r.
2. NRS, PC2/24, 288r.
1. NRS, PC2/24, 288r.
2. NRS, PC2/24, 288r.
D1693/12/15
D1693/12/151
Act
Anent a Petition given in to the Lords of their Majesties privy Councill privy Councill be James Hendersone messenger in Edinburgh Shewing That Conforme to ane act of Parliament all messengers within this kingdome was appointed to swear the oath of alledgance and signe the assurance before the twentie day of June last, And at that time and almost thrie moneths before, The petitioner was not able to goe out of his house, The petitioner was so sore troubled with the Goutt neither durst the petitioner appear before the Lyon and his Clerk, In Respect they hade ane Caption against the petitioner for some bygone annuitties that is payable to them and hade put the petitioner in prisone a litle time before and keeped the petitioner ther till the Gout seazed him, And the petitioner before haveing taken the said oath of alledgance and signed the assurance as ane macer to the Justice Court and lived allwayes Conforme to ther present government And Therfore Humbly Craveing the saids Lords to Grantt warrand to the Lyon or his deputes and Clerk to administrat the said oath and assurance to the petitioner And to inroll him with those that took it conforme to the said act of parliament In Respect he could prove the verity of the premises as the petitione bears The Lords of ther Majesties privy Councill haveing Considered this petition given in to them be the above James Henderson, They heirby Grant Warrand and Commission To the Lord Lyon and his Deputs and Clerk to administrat the said oath and assurance to the petitioner, And inroll him with these that took it conforme to the said act of parliament And appoints the Lyon and his said deputs Immediatly after the administrating the said oath and assurance to transmitt the same signed both be the petitioner and the person who administrats the same to the Clerks of privy Councill.
1. NRS, PC2/24, 287v-288r.
1. NRS, PC2/24, 287v-288r.
D1693/12/14
D1693/12/141
Act
Anent a Petition given in to the Lords of their Majesties privy Councill be David Buchanan merchant in Montross Shewing That the petitioner haveing intented ane actione before the saids Lords against William Forester writter to the signet and Archibald Black writter ther for ther unwarrantable registrating of ane Inland bill raiseing horning therupon and most unwarrantably Causeing charge and Denunce the petitioner at a Changehouse which was not the petitioners dwalling house and detaineing the keyes of a seller in quhich the petitioner hade a Considerable quantitie of meall more then quadruple what would have satisfied the soume for quhich the pretended poynding was use, The saids Lords did not at that time find the defenders guilty of ane Ryot, Bot appointed the baillies of Leith to take of the said Locks of the Celler quher the petitioners meall was locked up and to as much of the meall measured out and delivered to Archibald Black writter in Edinburgh Conforme to the price at which it was alledged to have been poynded and appretiat as would pay the the2 soumes contained in the bill and horning founded upon by the said Archibald Black and therby appointed the magistrats of Leith and their Clerk to deliver the keyes of the seller and the rest of the meall to the petitioner To which ordinance the petitioner was willing to acquiess, and accordingly did be way of instrument upon the second instant ther Lordships decreet to the baillies of Leith and to the said Archibald Black and Requyred them to take alse much of the said victualls according as it wes appretiat as would satisfie and pay the soume contained in the bill and horning upon the giveing up to the petitioner the extract of the registrated bill horning and Captione and other dilligence done therupon with ane Discharge Bot the said Archibald refused the Same And because that he represented that his name was only borrowed and William Forrester was the only manager and trustie in the affair The petitioner did likewayes require the said William Forrester by way of instrument in he termes he requyred Archibald Black, Bot he Likwayes refused to Comply and now the petitioner humbly Craved Libertie to represent That however Ther Lordships the time of the pronunceing the forsaid Decreet might not have perceived or Decerned the said William Forrester and Archibald Black the designes (if possible to have ruined the petitioner) yet it is hoped the Same is now more then evident for primo of that they hade hade3 no other designe Bot to have procured their oun payment then they would have be vertue of the saids Lords Decreet long before this time taken as much of the petitioners meall then would have payed, Wheras they have keeped near four Thousand merks worth of meall belonging to the petitioner Shutt up and locked up These five moneths by past in a seller spoilling and damnifieing by the rates under watter and other accidents, Wheras the petitioner myt have gotten the Samen sold at a great advantage and dureing all this space the petitioner paye ane Considerable Celler rents beside other burdein and expenses Secundo not withstanding the saids Lords Decreet And that as said is They might have easily recovered their oun payment, yet William Forrester has been so malicious that he has put up for the gift of the petitioners4 escheat in name of his Constituent Tertio He intended ane action before the shirreffs against the petitioners ane action before the shirreffs against the petitioners for the very same soume, so that the petitioner was necessitate to raise ane advocatione Quarto he has raised inhibition and caused execute the same against the petitioner and as to the pretence adduced be them for their refuseall viz the want of exchange and reexchange the same is altogither frivillouse for albeit exchange and reexchang were due as is conceaved it cannot, yet the same would hardly amount to twentie shilling sterling Seing the bill is registrated in case they hade a mynd to pursue they might have ane extract therof, And Seing now it is hoped it is clear that in every stepp of this affair the height of malice hath showen it self and that ther has been ane designe to ruine the petitioner and de facto all his Creditors are allarmed throw their seeing of the petitioners gift of Escheat and that the said Archibald Black and William Forrester are guilty of a manifast contempt of the saids Lords Decreet and authoritie which ought to be severly punished they being members of the Collodge of Justice, And the petitioner is willing to Consigne in the saids Lords their Clerks hands the soume Contained in the horning charged upon And Therfore Humbly Craveing the saids Lords would be pleased to take the petitioners case to the petitioners5 serious Consideratione And upon the petitioners Consignatione of the forsaid soume Ordaine the baillies of Leith to deliver up to the petitioner the keyes of the Celler wher the said meall Lyes that so the petitioner may have Libertie to dispose therupon as also would be pleased to punish the said Archibald Black and William Forester for their so unwarrantable refuseing to obey the saids Lords interloquitor to the teror of others to doe the like in time Comeing as the said petition bears, The Lords of their majesties privy Councill haveing heard the above petitione given in to them be the above David Buchanan read in ther presence with ane Counter petitione given in be William Forrester writter to their majesties signet And Archibald Black writter in Edinburgh, They heirby adhere to their former interloquitor of the date the seventh day of november last And ordaines the said Archibald Black to Deliver a discharge to the said David Buchanan of the Soumes in the bill and horning offering to the meall which shall be measured and delivered to him in the termes of the said interloquitor with ane extract of the executione of poynding, And Ordaines the said David Sinclar to accept of the same, And Finds that Archibald Black is not oblidged to give up the principall grounds of the poynding And Remitts the matter of expences and damnadge intrest exchange and reexchange to the Judge ordinary to be determined by him according to law, And ordaines letters of horning on fiftein dayes and others needfull to be direct heiron in ferme as effeirs.
1. NRS, PC2/24, 286r-287v.
2. Sic.
3. Sic.
4. The word ‘estate’ scored out here.
5. Sic.
1. NRS, PC2/24, 286r-287v.
2. Sic.
3. Sic.
4. The word ‘estate’ scored out here.
5. Sic.
D1693/12/13
D1693/12/131
Decreet
The Councill haveing Considered the report made to them Committie appointed for Considering the petition given in to them by the Commissioners of the additionall excyse They Find that the Commissioners of excyss in the severall shyres are the only Judges competent in prima instantia of differences betwixt the brewers and the principall and subtacksman of the additionall excyse and ther Collectors And Recomends to the Viscount of Tarbat The Lord advocat and Lord Justice Clerk to meett the morrow at thrie in the afternoon and to prepair a proclamatione of Councill Declareing the saids Commissioners to be Judges as said is, with such other Clauses therin as they shall think fitt for the more effectuall and speedie inbringing the said excyse and particularly what course the tacksmen is to follow of the Commissioners being requyred shall not meet and Recomends to the wholl Comittie formerly named in this matter to meet on thursday at ten in the forenoon to consider and revise the proclamatione that it may be readie for the Councill in the afternoon.
1. NRS, PC2/24, 285v-286r.
1. NRS, PC2/24, 285v-286r.
D1693/12/12
D1693/12/122
Sederunt
Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Anandale; Viscount Tarbat; Lord Raith; Lord Ross; Lord Beilhaven; Lord Polwarth; Master of Forbes; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; Mr Fr: Montgomry; Laird of Pollock
1. NRS, PC2/24, 285v.
2. NRS, PC2/24, 285v.
1. NRS, PC2/24, 285v.
2. NRS, PC2/24, 285v.