Tag Archives: December

Procedure, 30 December 1701, Edinburgh

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Att Edinburgh 30 December 17011

D1701/12/72

Procedure

[Note of no business]

No privat Bussines this day

Att Edinburgh 30 December 17011

D1701/12/72

Procedure

[Note of no business]

No privat Bussines this day

1. NRS, PC2/28, 151r. No sederunt recorded.

2. NRS, PC2/28, 151r.

1. NRS, PC2/28, 151r. No sederunt recorded.

2. NRS, PC2/28, 151r.

Procedure, 25 December 1701, Edinburgh

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Att Edinburgh 25 December 17011

D1701/12/62

Procedure

[Note of no business]

No privat Bussines this day

Att Edinburgh 25 December 17011

D1701/12/62

Procedure

[Note of no business]

No privat Bussines this day

1. NRS, PC2/28, 151r. No sederunt recorded.

2. NRS, PC2/28, 151r.

1. NRS, PC2/28, 151r. No sederunt recorded.

2. NRS, PC2/28, 151r.

Procedure, 23 December 1701, Edinburgh

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Att Edinburgh 23d December 17011

D1701/12/52

Procedure

[Note of no business]

No privat bussines this day

Att Edinburgh 23d December 17011

D1701/12/52

Procedure

[Note of no business]

No privat bussines this day

1. NRS, PC2/28, 151r. No sederunt recorded.

2. NRS, PC2/28, 151r.

1. NRS, PC2/28, 151r. No sederunt recorded.

2. NRS, PC2/28, 151r.

Procedure, 11 December 1701, Edinburgh

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Att Edinburgh 11th December 17011

D1701/12/42

Procedure

[Note of no business]

No privat Bussines this day

Att Edinburgh 11th December 17011

D1701/12/42

Procedure

[Note of no business]

No privat Bussines this day

1. NRS, PC2/28, 151r. No sederunt recorded.

2. NRS, PC2/28, 151r.

1. NRS, PC2/28, 151r. No sederunt recorded.

2. NRS, PC2/28, 151r.

Procedure, 9 December 1701, Edinburgh

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Att Edinburgh 9th December 17011

D1701/12/32

Procedure

[Note of no business]

No privat Busines this day

Att Edinburgh 9th December 17011

D1701/12/32

Procedure

[Note of no business]

No privat Busines this day

1. NRS, PC2/28, 151r. No sederunt recorded.

2. NRS, PC2/28, 151r.

1. NRS, PC2/28, 151r. No sederunt recorded.

2. NRS, PC2/28, 151r.

Procedure, 2 December 1701, Edinburgh

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2d December 1701 att Edinburgh1

D1701/12/12

Procedure

[Note of no business]

No privat Bussines this day

2d December 1701 att Edinburgh1

D1701/12/12

Procedure

[Note of no business]

No privat Bussines this day

1. NRS, PC2/28, 151r. No sederunt recorded.

2. NRS, PC2/28, 151r.

1. NRS, PC2/28, 151r. No sederunt recorded.

2. NRS, PC2/28, 151r.

Judicial Proceeding, 10 December 1700, Edinburgh

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Att Edinburgh The Tenth day of December one thousand and seven hundred years

D1700/12/41

Judicial Proceeding

Remitt Dunnet, against Bruce and others

Anent the Lybell or Letters of Complaint raised before the Lords of his Majesties privy Councill at the instance of William Dunnat in Ingstack and John Bruce in Wester, With concourse of Sir James Stewart his Majesties advocat for his highnes interest in the matter underwritten Making Mention That wher by the Lawes of this and all other weell governed nationes, The beatting wounding dismembring and Muttilating of the Members of any of his Majesties subjects. Be all Crimes of ane high nature and ought to be severly punished nevertheless It is of verity That William Swanstoune in Bronock David Hendersone in Steinster and George Smith in Hallend and the said pursuers being upon the twenty nynth day of May last Drinking in John Mansones house at the kirk of Dunat Ther fell out some difference betwixt the said George Smith and the said John Bruce pursuer, which at that time was easily Composed Bot therafter the said William Swanson David Henderson and George Smith haveing most maliciously and out of Forethought fellony, and of purpose to assassinat the said pursuers persones followed the said pursuers to the entrie to the sands called the Charge Mouth, and ther the said George Smith and William Swansone haveing their swords drawen most Creually struck or thrust at the said John Bruce one of the pursuers and wounded him in severall places of his body To the great effusion of his blood, and would have without all doubt murdered him upon the spott If the said William Dunnat the other pursuer hade not endeavoured to rescue him, and to take up the matter freindly as he truely did at the first squabling in Mansones house, For which the said William Dunnet was so ill rewarded That Immediatly The said George Smith David Henderson and William Swanstoune most barbarously (after they hade wounded the said John Bruce) all of them ingadged with and fell upon the said William Dunnat with their drawen swords and other weapons invasive, and therwith wounded him Mortally in two severall places of the forehead, wherby he was so blinded with his oun blood that he would not keep his feet Bot fell to the ground as also they wounded him in severall places of his body To the great hazard of his life, and they or ane or other of them Did cutt off the Ring finger of his Left hand being nixt the Litle finger and quitt disabled the Litle finger of the said hand and for farder evidenceing of the said David Henderson and William Swansone their wicked and malicious designes against the said pursuers They have been oft and diverse times heard express themsleves That they would do the pursuers ane ill turne if ever it came in their way or some such other expressiones to that purpose, By all which it might evidently appear to the Lords of his majesties privy Councill What hard usage barbarity and Cruelty the said pursuers have mett with by the saids persones above Complained upon, and therfore they and ilk ane of them being found guilty actors airt and part Ought and should be Decerned to ilk ane of the saids pursuers the soume of […] As damnadges and expences wared upon phisitians and other medicaments for cureing of their respective Wounds, and otherwayes to be punished in ther persones and goods to the example and terror of others to Committ the Like in time comeing And Anent the Charge given to the saids defenders To have Compeared before the saids Lords of privy Councill personally To have answered to the points of the abovewryten Complaint and to have heard and seen such order and course taken theranent as appertaines, As the said Lybell or Letters of Complaint at more Length is Contained, Which Lybell being this day Called in presence of his Majeties high Commissioner and the Lords of his Majesties privy Councill, And the said William Dunnat one of the pursuers Compearing personally and the other pursuer being absend and Sir Androw, Sir Patrick Home Mr David Dalrymple and Mr Francis Grant Compearing as advocats for both the pursuers, And the saids thrie Defenders Compearing all personally With Mr William Calderwood Mr Robert Frazer advocats for the haill defenders, The lybell and answers made therto for the defenders being read and both parties Lawiers being fully heard at the Councill barr, His Majesties high Commmissioner and the Lords of privy Councill Haveing Considered the Lybell and answers made therto for the defenders They Have Remitted and hereby Remitts The Lybell at the pursuers instances against the defenders and haill grounds thereof, with the reconvention raised at the defenders instances against the pursuers, To be pursued and Disscussed before the Judge ordinary within the Shyre of Caithnes wher the fact Lybelled was Committed, and to no other Judge whatsoever As accords in Law cum onore expensarum to be payed by the defenders in case the pursuers in this principall Lybell shall prevaill.

Att Edinburgh The Tenth day of December one thousand and seven hundred years

D1700/12/41

Judicial Proceeding

Remitt Dunnet, against Bruce and others

Anent the Lybell or Letters of Complaint raised before the Lords of his Majesties privy Councill at the instance of William Dunnat in Ingstack and John Bruce in Wester, With concourse of Sir James Stewart his Majesties advocat for his highnes interest in the matter underwritten Making Mention That wher by the Lawes of this and all other weell governed nationes, The beatting wounding dismembring and Muttilating of the Members of any of his Majesties subjects. Be all Crimes of ane high nature and ought to be severly punished nevertheless It is of verity That William Swanstoune in Bronock David Hendersone in Steinster and George Smith in Hallend and the said pursuers being upon the twenty nynth day of May last Drinking in John Mansones house at the kirk of Dunat Ther fell out some difference betwixt the said George Smith and the said John Bruce pursuer, which at that time was easily Composed Bot therafter the said William Swanson David Henderson and George Smith haveing most maliciously and out of Forethought fellony, and of purpose to assassinat the said pursuers persones followed the said pursuers to the entrie to the sands called the Charge Mouth, and ther the said George Smith and William Swansone haveing their swords drawen most Creually struck or thrust at the said John Bruce one of the pursuers and wounded him in severall places of his body To the great effusion of his blood, and would have without all doubt murdered him upon the spott If the said William Dunnat the other pursuer hade not endeavoured to rescue him, and to take up the matter freindly as he truely did at the first squabling in Mansones house, For which the said William Dunnet was so ill rewarded That Immediatly The said George Smith David Henderson and William Swanstoune most barbarously (after they hade wounded the said John Bruce) all of them ingadged with and fell upon the said William Dunnat with their drawen swords and other weapons invasive, and therwith wounded him Mortally in two severall places of the forehead, wherby he was so blinded with his oun blood that he would not keep his feet Bot fell to the ground as also they wounded him in severall places of his body To the great hazard of his life, and they or ane or other of them Did cutt off the Ring finger of his Left hand being nixt the Litle finger and quitt disabled the Litle finger of the said hand and for farder evidenceing of the said David Henderson and William Swansone their wicked and malicious designes against the said pursuers They have been oft and diverse times heard express themsleves That they would do the pursuers ane ill turne if ever it came in their way or some such other expressiones to that purpose, By all which it might evidently appear to the Lords of his majesties privy Councill What hard usage barbarity and Cruelty the said pursuers have mett with by the saids persones above Complained upon, and therfore they and ilk ane of them being found guilty actors airt and part Ought and should be Decerned to ilk ane of the saids pursuers the soume of […] As damnadges and expences wared upon phisitians and other medicaments for cureing of their respective Wounds, and otherwayes to be punished in ther persones and goods to the example and terror of others to Committ the Like in time comeing And Anent the Charge given to the saids defenders To have Compeared before the saids Lords of privy Councill personally To have answered to the points of the abovewryten Complaint and to have heard and seen such order and course taken theranent as appertaines, As the said Lybell or Letters of Complaint at more Length is Contained, Which Lybell being this day Called in presence of his Majeties high Commissioner and the Lords of his Majesties privy Councill, And the said William Dunnat one of the pursuers Compearing personally and the other pursuer being absend and Sir Androw, Sir Patrick Home Mr David Dalrymple and Mr Francis Grant Compearing as advocats for both the pursuers, And the saids thrie Defenders Compearing all personally With Mr William Calderwood Mr Robert Frazer advocats for the haill defenders, The lybell and answers made therto for the defenders being read and both parties Lawiers being fully heard at the Councill barr, His Majesties high Commmissioner and the Lords of privy Councill Haveing Considered the Lybell and answers made therto for the defenders They Have Remitted and hereby Remitts The Lybell at the pursuers instances against the defenders and haill grounds thereof, with the reconvention raised at the defenders instances against the pursuers, To be pursued and Disscussed before the Judge ordinary within the Shyre of Caithnes wher the fact Lybelled was Committed, and to no other Judge whatsoever As accords in Law cum onore expensarum to be payed by the defenders in case the pursuers in this principall Lybell shall prevaill.

1. NRS, PC2/28, 22v-23v.

1. NRS, PC2/28, 22v-23v.

Act, 10 December 1700, Edinburgh

Posted on by

Att Edinburgh The Tenth day of December one thousand and seven hundred years

D1700/12/31

Act

Act The Earle of Sutherland against The Viscount of Arbuthnot

Anent a Petition given in to his Majesties high Commissioner and the Lords of his Majesties privy Councill Be George Earle of Southerland Shewing That wher the petitioner hade the Custody of Robert Viscount of Arbuthnot left in pupillarity by his father and Committed to him by the Lords of privy Councill, with ane ordinance for payment of his aliment, as also of his incident charges as the acts of privy Councill made theranent bear, Likeas de facto he hath remained with the petitioner now the space of five years, The which time the petitioner hade used his outmost endeavors for the advantage of his education albeit it be very certaine That Knox his tutor in Law and his Cautioners have dureing all that space been very backward and refractory as to any thing that was to be done or payed for their said pupill and for the reinburse of the petitioners expences so to this day the petitioner was farr in arreir and ther is a Considerable soume owing to the petitioner by the said Tutor, and still resting unpayed Bot the said Viscount of Arbuthnot comeing now to the years of Fourtein, and so goeing out of his Tutory and incase to Choise his Curators, The aforsaid tutor and his accomplices apprehending as to probable That Curators Chosen for him nor of their nameing, might be too heavy in calling them to ane accompt of the Tutors administration, It is very Obviously to be presumed that it is by ther contryband That he is Stollen away from the petitioner who had his Custody and education as said is, Which being a matter of so ill example and manifastly so badly designed to the prejudice of the pupill it was hoped That his Grace and Lordships would provyde the proper remeeds as they have already been in used to doe in cases of this nature The petitioner haveing in effect no other designe save to have the forsaid Viscount returned to his Custody, and to have him left to that freedom in the Nomination of his curators as his tutor, and his Complices, who have hitherto so grossly and nottoriously malversed might be brought to due Compt and reckoning And Therfore humbly Craveing his Grace and the saids Lords of privy Councill would be pleased to Consider the forsaid Case with the mischeivous Consequences therof and Immediatly to Issue out a proclamation Commanding all persones that might be concerned to exhibit and sist before the saids Lords the said Viscount upon their hightest perill, or at least that they discover wher he is, as Likewayes that the said Viscount do by himself appear and sist himself as said is, To the effect his Grace and the saids Lords might restore him to the petitioners keeping and Custody Or otherways dispose of him as the saids Lords should see Course; As also Discharging all Judges and Magistrats whatsoever and their Clerks to give out any edicts for the said Viscount his Choiseing Curators or to proceed to receeive any nominate from him, or authorize such as shall be named by him as they will be answerable Under the highest perill, and with all to declare That if any such election or nomination should be made It should be void and null, as to all intents It being most evident, That the forsaid viscount is most wrongeously taken away and detained, And with all that he could make no good and valid election untill he be first restored to the petitioner and sisted before the saids Lords in his Just freedome As the said petitione bears And The said Robert Viscount of Arbuthnot gave in ane petition by of answer therto Shewing That wher he was informed, That ther was a printed petition handed about and ready to be offered to his Grace and the saids Lords in the name of the Earle of Southerland the petitioners Grandfather, Containing Certaine reflectiones against some of the petitioners near relationes, and alledging that the petitioner is stollen away from the said Earles family who hade the Custody and education of the petitioner And Craveing that a proclamation might be Issued out Commanding all persones haveing intrest to sist the petitioner before the saids Lords and to Discover wher the petitioner was, and Commanding the petitioner to sist himself to the effect the petitioner might be returned to his Lordships keeping and custody Or otherwayes diposed off as the saids Lords should think fitt; And Discharging any Judges or Clerks to give out edicts for Choising the petitioners Curators Or to receive nominationes Or authorize any to be named by the said petitioner Declaring such electione and nomination to be void, It being evidence that the petitioner could not make good and valid electione untill the petitioner be at first restored to the Earle and sisted before his Grace and the saids Lords; The petitioner Crave humbly Leave with all due regaird to the Earle his Grandfather to whom the petitioner owe and shall allwayes oun all honor and duty; To represent to his Grace and the saids Lords That the desire of this petition was altogither irregullar, and the petitioner was hopefull That as it was given in only upon the supposition that the petitioner was carried away without his own Consent, so now when the petitioner doeth plainly Declare that the petitioners retireing from his Grandfathers family was the petitioners voluntar choise and hes been approven by his fathers relationes and persones of honor and probity, The Earle of Southerland the petitioners Grandfather would Lett this petition fall, For my retirement being free and approven by the petitioners relationes could neither be claimed or Constrained unreasonable or throw the weakness of the petitioners age, And tho their seem to be no occasion to trouble his Grace or the saids lords with reasones in this matter, The petitioner desires it may be Considered, That the petitioner being past fourtein years as the Earles petition bears The petitioner hade the full Libertie either to Choise Curators or not; And if the petitioner should choise Curators, their power does not extend to the petitioners person or Liberty; And Therfore even the petitioners Curators could not hinder the petitioner to Choice the place of his residence; And tho the petitioner would allwayes have great regaird and deference to the Councills of his Grandfather in that Or any thing else, yet the petitioner beggs Leave to Complain That the petition should conclude that the petitioner should be returned in to2 Custody, and sisted as a Criminall and publict proclamationes Issued against the petitioner, Which in the first step of the petitioners Life was unseemly, and would Leave a Scarr, Or that the petitioner should be debarred from the priviledge of Choiseing Curators a remeed provided by the Law for persones under age, and all this for no better reasone, Bot because the being of that age, at which the Law allowes the petitioner the full disposall of his persone and Estate The petitioner hade with drawen from his Grandfathers family, which could never be urged as a fault, albeit the Earle should alleadge that it was done of purpose to be near his fathers freinds; The petitioner shall not trouble the Lords with the particular reasones why the petitioner hade changed the place of his residence seing the petitioners own naturall Liberty was sufficient in Law to Justifie it, And if ther be particular reasones, The petitioner conceived it was more dutifull and respectfull to conceall them, And however the petitioner might be mistaken in his reasoneing, The petitioner was confident the thing the petitioner hade done was in the petitioners power, And therefore ther was no occasione of ane applicatione to the saids Lords in the matter Bot because he conceaved the petition had proceeded from affection to the petitioner and anxiety about his safity; Therfore the petitioner was ready to return within a few dayes, The Certificats from the Magistrats of The place wher the petitioner was, That ther might remaine no question of his health, Libertie, or reality of the petitioners oun Choise, and for the same tender respect the petitioner bears to his Grandfather, The petitioner passes over the reflections that seem to be against the petitioner himself and relationes, as if the petitioner were willing to be deceived about the petitioners affairs, or that they were read to Impose upon the petitioner And Therfore Humbly Craving the saids Lords would would3 be pleased to refuse the desire of any such petition which would be ane exceeding discouragement to the petitioner and a reproach in the begining of his life, For ther could be nothing so disgracefull as to be treated as a thing stollen or strayed, and to be interdicted as to the Judges Magistrats and their Clerks of the Comon priviledge of other subjects, As the said petitioner bears; His Majesties high Commissioner and the Lords of his Majesties privy Councill Having Considered the above petition given in to them be the Earle of Southerland and the other be the Viscount of Arbuthnot by way of answer therto They hereby Recommend to the Earle of Marchmont Lord high Chancelor of this kingdome to wryte to the Viscount of Arbuthnot in name of the privy Councill desireing his Lordship to returne to this kingdome and present himself befor his Majesties high Commissioner or Lords of privy Councill And Declare unto him in the Councills name that his Lordships person shall be at full Libertie and free of all restraint or sequestration whatsoever and in the mean time His Majesties Commissioner and Lords of privy Councill Doe hereby stopp and Discharge the said Viscount of Arbuthnot his Choiseing of Curators serving of edicts or doeing any other thing for that effect untill farder Order of Councill theranent.

Att Edinburgh The Tenth day of December one thousand and seven hundred years

D1700/12/31

Act

Act The Earle of Sutherland against The Viscount of Arbuthnot

Anent a Petition given in to his Majesties high Commissioner and the Lords of his Majesties privy Councill Be George Earle of Southerland Shewing That wher the petitioner hade the Custody of Robert Viscount of Arbuthnot left in pupillarity by his father and Committed to him by the Lords of privy Councill, with ane ordinance for payment of his aliment, as also of his incident charges as the acts of privy Councill made theranent bear, Likeas de facto he hath remained with the petitioner now the space of five years, The which time the petitioner hade used his outmost endeavors for the advantage of his education albeit it be very certaine That Knox his tutor in Law and his Cautioners have dureing all that space been very backward and refractory as to any thing that was to be done or payed for their said pupill and for the reinburse of the petitioners expences so to this day the petitioner was farr in arreir and ther is a Considerable soume owing to the petitioner by the said Tutor, and still resting unpayed Bot the said Viscount of Arbuthnot comeing now to the years of Fourtein, and so goeing out of his Tutory and incase to Choise his Curators, The aforsaid tutor and his accomplices apprehending as to probable That Curators Chosen for him nor of their nameing, might be too heavy in calling them to ane accompt of the Tutors administration, It is very Obviously to be presumed that it is by ther contryband That he is Stollen away from the petitioner who had his Custody and education as said is, Which being a matter of so ill example and manifastly so badly designed to the prejudice of the pupill it was hoped That his Grace and Lordships would provyde the proper remeeds as they have already been in used to doe in cases of this nature The petitioner haveing in effect no other designe save to have the forsaid Viscount returned to his Custody, and to have him left to that freedom in the Nomination of his curators as his tutor, and his Complices, who have hitherto so grossly and nottoriously malversed might be brought to due Compt and reckoning And Therfore humbly Craveing his Grace and the saids Lords of privy Councill would be pleased to Consider the forsaid Case with the mischeivous Consequences therof and Immediatly to Issue out a proclamation Commanding all persones that might be concerned to exhibit and sist before the saids Lords the said Viscount upon their hightest perill, or at least that they discover wher he is, as Likewayes that the said Viscount do by himself appear and sist himself as said is, To the effect his Grace and the saids Lords might restore him to the petitioners keeping and Custody Or otherways dispose of him as the saids Lords should see Course; As also Discharging all Judges and Magistrats whatsoever and their Clerks to give out any edicts for the said Viscount his Choiseing Curators or to proceed to receeive any nominate from him, or authorize such as shall be named by him as they will be answerable Under the highest perill, and with all to declare That if any such election or nomination should be made It should be void and null, as to all intents It being most evident, That the forsaid viscount is most wrongeously taken away and detained, And with all that he could make no good and valid election untill he be first restored to the petitioner and sisted before the saids Lords in his Just freedome As the said petitione bears And The said Robert Viscount of Arbuthnot gave in ane petition by of answer therto Shewing That wher he was informed, That ther was a printed petition handed about and ready to be offered to his Grace and the saids Lords in the name of the Earle of Southerland the petitioners Grandfather, Containing Certaine reflectiones against some of the petitioners near relationes, and alledging that the petitioner is stollen away from the said Earles family who hade the Custody and education of the petitioner And Craveing that a proclamation might be Issued out Commanding all persones haveing intrest to sist the petitioner before the saids Lords and to Discover wher the petitioner was, and Commanding the petitioner to sist himself to the effect the petitioner might be returned to his Lordships keeping and custody Or otherwayes diposed off as the saids Lords should think fitt; And Discharging any Judges or Clerks to give out edicts for Choising the petitioners Curators Or to receive nominationes Or authorize any to be named by the said petitioner Declaring such electione and nomination to be void, It being evidence that the petitioner could not make good and valid electione untill the petitioner be at first restored to the Earle and sisted before his Grace and the saids Lords; The petitioner Crave humbly Leave with all due regaird to the Earle his Grandfather to whom the petitioner owe and shall allwayes oun all honor and duty; To represent to his Grace and the saids Lords That the desire of this petition was altogither irregullar, and the petitioner was hopefull That as it was given in only upon the supposition that the petitioner was carried away without his own Consent, so now when the petitioner doeth plainly Declare that the petitioners retireing from his Grandfathers family was the petitioners voluntar choise and hes been approven by his fathers relationes and persones of honor and probity, The Earle of Southerland the petitioners Grandfather would Lett this petition fall, For my retirement being free and approven by the petitioners relationes could neither be claimed or Constrained unreasonable or throw the weakness of the petitioners age, And tho their seem to be no occasion to trouble his Grace or the saids lords with reasones in this matter, The petitioner desires it may be Considered, That the petitioner being past fourtein years as the Earles petition bears The petitioner hade the full Libertie either to Choise Curators or not; And if the petitioner should choise Curators, their power does not extend to the petitioners person or Liberty; And Therfore even the petitioners Curators could not hinder the petitioner to Choice the place of his residence; And tho the petitioner would allwayes have great regaird and deference to the Councills of his Grandfather in that Or any thing else, yet the petitioner beggs Leave to Complain That the petition should conclude that the petitioner should be returned in to2 Custody, and sisted as a Criminall and publict proclamationes Issued against the petitioner, Which in the first step of the petitioners Life was unseemly, and would Leave a Scarr, Or that the petitioner should be debarred from the priviledge of Choiseing Curators a remeed provided by the Law for persones under age, and all this for no better reasone, Bot because the being of that age, at which the Law allowes the petitioner the full disposall of his persone and Estate The petitioner hade with drawen from his Grandfathers family, which could never be urged as a fault, albeit the Earle should alleadge that it was done of purpose to be near his fathers freinds; The petitioner shall not trouble the Lords with the particular reasones why the petitioner hade changed the place of his residence seing the petitioners own naturall Liberty was sufficient in Law to Justifie it, And if ther be particular reasones, The petitioner conceived it was more dutifull and respectfull to conceall them, And however the petitioner might be mistaken in his reasoneing, The petitioner was confident the thing the petitioner hade done was in the petitioners power, And therefore ther was no occasione of ane applicatione to the saids Lords in the matter Bot because he conceaved the petition had proceeded from affection to the petitioner and anxiety about his safity; Therfore the petitioner was ready to return within a few dayes, The Certificats from the Magistrats of The place wher the petitioner was, That ther might remaine no question of his health, Libertie, or reality of the petitioners oun Choise, and for the same tender respect the petitioner bears to his Grandfather, The petitioner passes over the reflections that seem to be against the petitioner himself and relationes, as if the petitioner were willing to be deceived about the petitioners affairs, or that they were read to Impose upon the petitioner And Therfore Humbly Craving the saids Lords would would3 be pleased to refuse the desire of any such petition which would be ane exceeding discouragement to the petitioner and a reproach in the begining of his life, For ther could be nothing so disgracefull as to be treated as a thing stollen or strayed, and to be interdicted as to the Judges Magistrats and their Clerks of the Comon priviledge of other subjects, As the said petitioner bears; His Majesties high Commissioner and the Lords of his Majesties privy Councill Having Considered the above petition given in to them be the Earle of Southerland and the other be the Viscount of Arbuthnot by way of answer therto They hereby Recommend to the Earle of Marchmont Lord high Chancelor of this kingdome to wryte to the Viscount of Arbuthnot in name of the privy Councill desireing his Lordship to returne to this kingdome and present himself befor his Majesties high Commissioner or Lords of privy Councill And Declare unto him in the Councills name that his Lordships person shall be at full Libertie and free of all restraint or sequestration whatsoever and in the mean time His Majesties Commissioner and Lords of privy Councill Doe hereby stopp and Discharge the said Viscount of Arbuthnot his Choiseing of Curators serving of edicts or doeing any other thing for that effect untill farder Order of Councill theranent.

1. NRS, PC2/28, 20r-22v.

2. The word ‘free’ scored out here.

3. Sic.

1. NRS, PC2/28, 20r-22v.

2. The word ‘free’ scored out here.

3. Sic.

Judicial Proceeding, 10 December 1700, Edinburgh

Posted on by

Att Edinburgh The Tenth day of December one thousand and seven hundred years

D1700/12/21

Judicial Proceeding

Remitt Gordon of Grange against His Brother

Anent the Lybell or Letters of Complaint raised before the Lords of Majesties privy Councill at the instance of John Gordon of Grange with concourse of Sir James Stewart his Majesties advocat for his Majesties intrest in the Matter underwritten Making Mention That wher by the Lawes and acts of parliament of this kingdome and the custome and practise of all Civill and weill governed nationes The Manifast and violant oppression of any person and the disturbing and disqueiting of them in the possession of their Just rights and properties The violant and unlawfull intromitting with and away takeing of their wrytes and evidents of their Lands and Chartor Chist, The violent and masterfull dispossessing of them of their Lands and heritadges The wrongeous and Illegall Imprisonment of them Especially when the Samen is done by one brother against another Are Crymes of ane high nature and severly punishable Yet Nevertheless and Notwithstanding therof True it is and of verity That Hew Gordon of Grange eldest brother to the said John Gordon pursuer and to William Gordon having deceast without Children, The said pursuer his Immediat youngest brother being served and retoured heir to him did enter to the possession of a part of the Lands and estait of Grange, Bot the said William Gordon defender haveing cast off all fear of God and Love and affection to the said pursuer his brother, Did take all unlawfull methods to disspossess the said pursuer and to supplant and Circumveen him and in prosecution of his unjust un Christian and unlawfull designe, and least the said pursuer should have come by his said brothers Chartor Chist and papers He the said William came from the Stewartrie of Kirkcudbright Immediatly after his said brother Hew’s decease to the Mansion house of Grange where the said Hews relict was dwalling, and which was in effect the said pursuers oun house and being Accompanied with a partie of armed men, Did under Cloud and silence of night in ane or other of the dayes of ane or other of the moneths of one or other the years Jaj vjc seventie six or Jaj vjc seventie seven Which was within some few dayes after the said Hew’s decease, and at his oun hand entered the said house, and in a most violent oppressive, and Clandastine maner without any shaddow of Law Caried away the said Hew’s Chartor Chist and haill wrytes of and concerning the Lands and estate of Grange Which then did belong to the said pursuer as heir to his Immediat Elder brother and Caried the same to his own dwalling house at Newtoune of Galloway and yet detaines the samen to the said pursuers great prejudice, For which he did formerly raise ane proces before the Lords of his Majesties privy Councill, Which upon fair promisses the said William prevailled with the said pursuar to delay Bot the said William Continueing still in his seinistreous designes to wrong and oppress the said pursuer hath hitherto detained the said Charter Chist So that he is now necessitate to raise this process against him, and this is not all the wrong and Oppression that The said John Gordon pursuer mett with from his said unnaturall brother who the said pursuer is redacted to great straits and difficulties, Bot also the said John Gordon persuar being infeft and in possession of the Lands of Threive, which was ane part of the said estate of Grange, He did enter in ane agreement with the Earle of Galloway, Wherby for the soume of ane Thousand merks resting be the said pursuer to the said Earle as the ballance of Certaine teynds of the said estate The said John Gordon pursuer did sett ane Tack to the said Earle of Galloway of two part of the Lands of Threive at two hundreth merks yearly for fyve years space till the said Earle should be payed of the said Thousand Merks of Teynd, and then he was to renounce, The said pursuer retained a third part of the saids Lands of Threive with the whole Casualties of the saids Lands to himself and continued in the peacable possession therof, yet so Crewelly indisposed was the said William to the said John Gordon pursuer his poor indigent elder brother and poor family Which was all that remained to the said pursuer to Live upon, That the said William Did take ane right to the said tack, and without regaird to the said pursuers right of the thrid therof Did by masterfull and violent Bangstrie and oppression dispossesses the said pursuer and his poor tennants out therof rendered the same waste, and so opprest him that he forced the said the said2 pursuer out of the possession of his thrid, and uplifted both the rents therof and all the said pursuers Casualties and so possesses all the said roome Through the said Earles tack be expired by payment, and the better to carie on his unjust Masterfull and oppressive practices, He knowing that the said pursuer was upon his comeing to Edinburgh to seek remeed of his injuries, He sought all persons to whom the said pursuer was debitor to gett assingations from his Creditors, and falling upon ane bond granted by his deceast Brother to James Dalrymple of Dunraggett, Some other persones (tho by ane aggreement betwixt him and the pursuer He was Oblidged to transmitt any right he hade to the said pursuers estate and to make use of no debts of his brothers against the said pursuer. That he contraveened that aggreement, and tho he gave Litle or no money for these bonds, He purchased Caption against the said pursuer and Imprisones him in the Tolbooth of Wigtoune wher he was detained ane year and more in ane most miserable condition being depryved of ane fire and keept in a most incommodious prison, And haveing at the requeist of the said Earle of Galloway and the Viscount of Stair (who pitied the said pursuers condition) been sett at libertie He in ane most oppressing and cruell maner hearing that the said pursuer had intention to come to Edinburgh of new to seek redress of these his griveous wrongs within ane Fourtnight by his favour and moyan with the then Magistrats gott the said pursuer again incarcerat upon the same Caption in the said Tolbooth of Wigtoun wher he Lay another year till the Lords of Councell and session upon the late act of parliament were graciously pleased to ordaine him to be sett at Libertie, Whereupon the said John Gordon was reduced to ane most Miserable necessitious and sterving Condition, By all which it is evident, That the said William Gordon is guiltie airt and part of most unnaturall Cruell and hyneous acts of Ryots injuries and oppressions Which being proven he ought and should not only be Decerned be Decreet of the Lords of Councill To deliver up to the said pursuer his said Chartor Chist and wrytes belonging to him upon oath And Repone the said pursuer to the peaceable possession of the saids Lands of Threive Bot also To make payment to the said pursuer of the soume of […] of damnadges and expenses and Lykewayes farder severly punished in his persones and goods to the example and terror of others to do or Committ the Like in time coming And Anent the Charge given to the said defender To have Compeared personally before the saids Lords of privy Councill at ane Certain day now bygone To have answered to the grounds of the above Complaint and to have heard and seen such order and course taken theranent As the saids Lords should find Just under the paine of rebellion etc As in the said Lybell or Letters of Complaint and executiones therof at more length is Contained Which Lybell or Letters Being this day called in presence of his Majesties high Commissioner and the Lords of his majesties privy Councill, and the pursuer Compearing personally with Mr James Hamilton of Bangowr his advocat And the defender Compearing also personally with Mr David Dalrymple his advocat, The Lybell and the answers therto for the defenders being both read and his Majesties high Commissioners and the Lords of his Majesties privy Councill haveing Considered the same, and both parties procurators being fully heard at the Councill bar His Majesties high Commissioner and the Lords of privy Councill Doe hereby Refuse to sustaine process before the Councill theron But Leaves the matter Lybelled to be pursued before the Judge ordinar as accords in Law.

Att Edinburgh The Tenth day of December one thousand and seven hundred years

D1700/12/21

Judicial Proceeding

Remitt Gordon of Grange against His Brother

Anent the Lybell or Letters of Complaint raised before the Lords of Majesties privy Councill at the instance of John Gordon of Grange with concourse of Sir James Stewart his Majesties advocat for his Majesties intrest in the Matter underwritten Making Mention That wher by the Lawes and acts of parliament of this kingdome and the custome and practise of all Civill and weill governed nationes The Manifast and violant oppression of any person and the disturbing and disqueiting of them in the possession of their Just rights and properties The violant and unlawfull intromitting with and away takeing of their wrytes and evidents of their Lands and Chartor Chist, The violent and masterfull dispossessing of them of their Lands and heritadges The wrongeous and Illegall Imprisonment of them Especially when the Samen is done by one brother against another Are Crymes of ane high nature and severly punishable Yet Nevertheless and Notwithstanding therof True it is and of verity That Hew Gordon of Grange eldest brother to the said John Gordon pursuer and to William Gordon having deceast without Children, The said pursuer his Immediat youngest brother being served and retoured heir to him did enter to the possession of a part of the Lands and estait of Grange, Bot the said William Gordon defender haveing cast off all fear of God and Love and affection to the said pursuer his brother, Did take all unlawfull methods to disspossess the said pursuer and to supplant and Circumveen him and in prosecution of his unjust un Christian and unlawfull designe, and least the said pursuer should have come by his said brothers Chartor Chist and papers He the said William came from the Stewartrie of Kirkcudbright Immediatly after his said brother Hew’s decease to the Mansion house of Grange where the said Hews relict was dwalling, and which was in effect the said pursuers oun house and being Accompanied with a partie of armed men, Did under Cloud and silence of night in ane or other of the dayes of ane or other of the moneths of one or other the years Jaj vjc seventie six or Jaj vjc seventie seven Which was within some few dayes after the said Hew’s decease, and at his oun hand entered the said house, and in a most violent oppressive, and Clandastine maner without any shaddow of Law Caried away the said Hew’s Chartor Chist and haill wrytes of and concerning the Lands and estate of Grange Which then did belong to the said pursuer as heir to his Immediat Elder brother and Caried the same to his own dwalling house at Newtoune of Galloway and yet detaines the samen to the said pursuers great prejudice, For which he did formerly raise ane proces before the Lords of his Majesties privy Councill, Which upon fair promisses the said William prevailled with the said pursuar to delay Bot the said William Continueing still in his seinistreous designes to wrong and oppress the said pursuer hath hitherto detained the said Charter Chist So that he is now necessitate to raise this process against him, and this is not all the wrong and Oppression that The said John Gordon pursuer mett with from his said unnaturall brother who the said pursuer is redacted to great straits and difficulties, Bot also the said John Gordon persuar being infeft and in possession of the Lands of Threive, which was ane part of the said estate of Grange, He did enter in ane agreement with the Earle of Galloway, Wherby for the soume of ane Thousand merks resting be the said pursuer to the said Earle as the ballance of Certaine teynds of the said estate The said John Gordon pursuer did sett ane Tack to the said Earle of Galloway of two part of the Lands of Threive at two hundreth merks yearly for fyve years space till the said Earle should be payed of the said Thousand Merks of Teynd, and then he was to renounce, The said pursuer retained a third part of the saids Lands of Threive with the whole Casualties of the saids Lands to himself and continued in the peacable possession therof, yet so Crewelly indisposed was the said William to the said John Gordon pursuer his poor indigent elder brother and poor family Which was all that remained to the said pursuer to Live upon, That the said William Did take ane right to the said tack, and without regaird to the said pursuers right of the thrid therof Did by masterfull and violent Bangstrie and oppression dispossesses the said pursuer and his poor tennants out therof rendered the same waste, and so opprest him that he forced the said the said2 pursuer out of the possession of his thrid, and uplifted both the rents therof and all the said pursuers Casualties and so possesses all the said roome Through the said Earles tack be expired by payment, and the better to carie on his unjust Masterfull and oppressive practices, He knowing that the said pursuer was upon his comeing to Edinburgh to seek remeed of his injuries, He sought all persons to whom the said pursuer was debitor to gett assingations from his Creditors, and falling upon ane bond granted by his deceast Brother to James Dalrymple of Dunraggett, Some other persones (tho by ane aggreement betwixt him and the pursuer He was Oblidged to transmitt any right he hade to the said pursuers estate and to make use of no debts of his brothers against the said pursuer. That he contraveened that aggreement, and tho he gave Litle or no money for these bonds, He purchased Caption against the said pursuer and Imprisones him in the Tolbooth of Wigtoune wher he was detained ane year and more in ane most miserable condition being depryved of ane fire and keept in a most incommodious prison, And haveing at the requeist of the said Earle of Galloway and the Viscount of Stair (who pitied the said pursuers condition) been sett at libertie He in ane most oppressing and cruell maner hearing that the said pursuer had intention to come to Edinburgh of new to seek redress of these his griveous wrongs within ane Fourtnight by his favour and moyan with the then Magistrats gott the said pursuer again incarcerat upon the same Caption in the said Tolbooth of Wigtoun wher he Lay another year till the Lords of Councell and session upon the late act of parliament were graciously pleased to ordaine him to be sett at Libertie, Whereupon the said John Gordon was reduced to ane most Miserable necessitious and sterving Condition, By all which it is evident, That the said William Gordon is guiltie airt and part of most unnaturall Cruell and hyneous acts of Ryots injuries and oppressions Which being proven he ought and should not only be Decerned be Decreet of the Lords of Councill To deliver up to the said pursuer his said Chartor Chist and wrytes belonging to him upon oath And Repone the said pursuer to the peaceable possession of the saids Lands of Threive Bot also To make payment to the said pursuer of the soume of […] of damnadges and expenses and Lykewayes farder severly punished in his persones and goods to the example and terror of others to do or Committ the Like in time coming And Anent the Charge given to the said defender To have Compeared personally before the saids Lords of privy Councill at ane Certain day now bygone To have answered to the grounds of the above Complaint and to have heard and seen such order and course taken theranent As the saids Lords should find Just under the paine of rebellion etc As in the said Lybell or Letters of Complaint and executiones therof at more length is Contained Which Lybell or Letters Being this day called in presence of his Majesties high Commissioner and the Lords of his majesties privy Councill, and the pursuer Compearing personally with Mr James Hamilton of Bangowr his advocat And the defender Compearing also personally with Mr David Dalrymple his advocat, The Lybell and the answers therto for the defenders being both read and his Majesties high Commissioners and the Lords of his Majesties privy Councill haveing Considered the same, and both parties procurators being fully heard at the Councill bar His Majesties high Commissioner and the Lords of privy Councill Doe hereby Refuse to sustaine process before the Councill theron But Leaves the matter Lybelled to be pursued before the Judge ordinar as accords in Law.

1. NRS, PC2/28, 18r-20r.

2. Sic.

1. NRS, PC2/28, 18r-20r.

2. Sic.