Tag Archives: December

Sederunt, 10 December 1700, Edinburgh

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Att Edinburgh The Tenth day of December one thousand and seven hundred years1

D1700/12/12

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Arygle; Earl of Crafurd; Earl of Marr; Earl of Morton; Earl of Galloway; Earl of Lauderdale; Earl of Lowdon; Earl of Finlator; Earl of Leven; Earl of Annandale; Earl of Northesk; Earl of Forfar; Earl of Kintoir; Viscount Seafeild S; Viscount Tarbat; Lord Montgomry; Lord Jedburgh; Lord Ross; Lord Ruthven; Lord Boyle; Lord Advocat; Lord Thesaurer deput; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Phesdo; Mr Frances Montgomry; Laird of Grant; Laird of Stivenson

Att Edinburgh The Tenth day of December one thousand and seven hundred years1

D1700/12/12

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Arygle; Earl of Crafurd; Earl of Marr; Earl of Morton; Earl of Galloway; Earl of Lauderdale; Earl of Lowdon; Earl of Finlator; Earl of Leven; Earl of Annandale; Earl of Northesk; Earl of Forfar; Earl of Kintoir; Viscount Seafeild S; Viscount Tarbat; Lord Montgomry; Lord Jedburgh; Lord Ross; Lord Ruthven; Lord Boyle; Lord Advocat; Lord Thesaurer deput; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Phesdo; Mr Frances Montgomry; Laird of Grant; Laird of Stivenson

1. NRS, PC2/28, 17v.

2. NRS, PC2/28, 17v.

1. NRS, PC2/28, 17v.

2. NRS, PC2/28, 17v.

Warrant, 21 December 1699, Edinburgh

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Att Edinburgh the Twentie one day of December Jaj vic nyntie nyne years

D1699/12/131

Warrant

Warrant allowing James Spence to go home

The Lords of his Majesties privy Councill doe hereby Allow James Spence servitor to Christian Viscountess Dowager of Frendraught to repair to his oun home, For which this shall be to him a sufficient warrant Albeit he be cited as a defender in the process at the instance of the relict of umquhill Lewis late Viscountess of Frendraught.

Att Edinburgh the Twentie one day of December Jaj vic nyntie nyne years

D1699/12/131

Warrant

Warrant allowing James Spence to go home

The Lords of his Majesties privy Councill doe hereby Allow James Spence servitor to Christian Viscountess Dowager of Frendraught to repair to his oun home, For which this shall be to him a sufficient warrant Albeit he be cited as a defender in the process at the instance of the relict of umquhill Lewis late Viscountess of Frendraught.

1. NRS, PC2/27, 295r.

1. NRS, PC2/27, 295r.

Act, 21 December 1699, Edinburgh

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Att Edinburgh the Twentie one day of December Jaj vic nyntie nyne years

D1699/12/121

Act

Act For a Woolen Manufactory at Glasgow

Anent the petition given in to the Lords of his Majesties privy Councill be William Cochran of Ochiltrie John Alexander of Blackhouse Mr William Dunlape principall of the university of Glasgow, And of Androw Cathcart James Calquhoune Mathow Atchisone Lawrance Dunwoodies William Baxter Robert Alexander and Mongo Cochran merchants in Glasgow all partners foir errecting a Manufactorie of Wooll Stuffs at Glasgow in maner underwryten Shewing That wheras the petitioners have entred into a Copartnership with tis designe to Carry on a Manufactore for woollen Stuffs of all Sorts such as damasks half silks, Draughts, Frizes, Drogats, Tartains Craups, Capitationes Russetts and all other Stuffs for men and womens apperell either for Summer or winter, which they will furnish at as easie a rate as ever was furnished or sold within this kingdome every way as good, and all intirely made of our oun Countrey wooll, and in order hereunto have provyded Some and are provydeing more of the ablest work men Airiests from our Nighbouring nations, And Seing this work will be extreamly beneficiall to the whole Natione not only by the Manufactoring of the Native product of the kingdome and Imploying the poor therin, Bot also ther by a vast Soume of ready money will be keept within the kingdome which these years past has been exported and bestowed on these Stuffs It being weell knowen that above Ten Thousand pound Sterling in Specie hath been exported from the Southern and Westerne pairts of this kingdome to Ireland yearly for such Stuffs, and these publictly entered in the Custome house books, Besides what hath been Stollen in without entering And Wheras the saids Lords are by the Twelth act parliament Jaj vic Eightie one authorized to Declare these Manufactories that hereafter Should be sett up to be such to the effect they might enjoy the priviledges Liberties and Immunities granted by Law And Therfore Humbly Supplicating the Saids Lords to the effect aftermentioned as the petitione more fully bears The Lords of his Majesties privy Councill having Considered this petition given in to them be the above William Cochran of Ochiltrie and others, They hereby Declair the above work of Woolen Stuffs errected at Glasgow by the petitioners to be a Manufactory And that they shall enjoy the haill privieldges Liberties and Immunities granted in favors of of2 Manufactories by the act of parliament Jaj vic Eightie one, or by any other Lawes and acts of parliament, or acts and proclamationes of privy Councill And Requires and Commands the respective Judges Justices of peace, magistrats of burghs and others to whom the executione of the saids acts is Committed to be carefull that the saids acts be put to vigorous executione both against the Importers of the Stuffs and other woolen goods prohibited by Law as also against the Collectors of the Customes Surveyors or waiters in case of their Connivance or neglect and to be assisting to the petitioners or these Imployed by them in searching seazing and apprehending the saids prohibited goods and to give speedy dispatch by sentances against all such offenders as shall be guilty of breach of the saids acts aither by their oun oathes or Convict by other probatione within the thrie moneths prescribed by the said act.

Att Edinburgh the Twentie one day of December Jaj vic nyntie nyne years

D1699/12/121

Act

Act For a Woolen Manufactory at Glasgow

Anent the petition given in to the Lords of his Majesties privy Councill be William Cochran of Ochiltrie John Alexander of Blackhouse Mr William Dunlape principall of the university of Glasgow, And of Androw Cathcart James Calquhoune Mathow Atchisone Lawrance Dunwoodies William Baxter Robert Alexander and Mongo Cochran merchants in Glasgow all partners foir errecting a Manufactorie of Wooll Stuffs at Glasgow in maner underwryten Shewing That wheras the petitioners have entred into a Copartnership with tis designe to Carry on a Manufactore for woollen Stuffs of all Sorts such as damasks half silks, Draughts, Frizes, Drogats, Tartains Craups, Capitationes Russetts and all other Stuffs for men and womens apperell either for Summer or winter, which they will furnish at as easie a rate as ever was furnished or sold within this kingdome every way as good, and all intirely made of our oun Countrey wooll, and in order hereunto have provyded Some and are provydeing more of the ablest work men Airiests from our Nighbouring nations, And Seing this work will be extreamly beneficiall to the whole Natione not only by the Manufactoring of the Native product of the kingdome and Imploying the poor therin, Bot also ther by a vast Soume of ready money will be keept within the kingdome which these years past has been exported and bestowed on these Stuffs It being weell knowen that above Ten Thousand pound Sterling in Specie hath been exported from the Southern and Westerne pairts of this kingdome to Ireland yearly for such Stuffs, and these publictly entered in the Custome house books, Besides what hath been Stollen in without entering And Wheras the saids Lords are by the Twelth act parliament Jaj vic Eightie one authorized to Declare these Manufactories that hereafter Should be sett up to be such to the effect they might enjoy the priviledges Liberties and Immunities granted by Law And Therfore Humbly Supplicating the Saids Lords to the effect aftermentioned as the petitione more fully bears The Lords of his Majesties privy Councill having Considered this petition given in to them be the above William Cochran of Ochiltrie and others, They hereby Declair the above work of Woolen Stuffs errected at Glasgow by the petitioners to be a Manufactory And that they shall enjoy the haill privieldges Liberties and Immunities granted in favors of of2 Manufactories by the act of parliament Jaj vic Eightie one, or by any other Lawes and acts of parliament, or acts and proclamationes of privy Councill And Requires and Commands the respective Judges Justices of peace, magistrats of burghs and others to whom the executione of the saids acts is Committed to be carefull that the saids acts be put to vigorous executione both against the Importers of the Stuffs and other woolen goods prohibited by Law as also against the Collectors of the Customes Surveyors or waiters in case of their Connivance or neglect and to be assisting to the petitioners or these Imployed by them in searching seazing and apprehending the saids prohibited goods and to give speedy dispatch by sentances against all such offenders as shall be guilty of breach of the saids acts aither by their oun oathes or Convict by other probatione within the thrie moneths prescribed by the said act.

1. NRS, PC2/27, 294r-295r.

2. Sic.

1. NRS, PC2/27, 294r-295r.

2. Sic.

Act, 21 December 1699, Edinburgh

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Att Edinburgh the Twentie one day of December Jaj vic nyntie nyne years

D1699/12/111

Act

Act and Remitt Mr William Gordon Against Sir William Hope

Anent the lybell or Letters of Complaint raised and pursued before the Lords of his majesties privy Councill at the Instance of Mr William Gordon of Balcomie advocat and Elizabeth Wood his spouse and by his Speciall Warrant, With Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwrittin Mentioning That wher by the Lawes of this and all other well governed realmes violent langstrie and oppression are discharged, And that non should doe himself right at his oun hand Specially by Military executione without the warrant of any previous legall Sentance and to the ruin and undoeing of the persons opprest And that to doe in the Contrary is a Cryme of ane high nature and ought to be severly punished, Nevertheless It is of verity That Sir William Hope of Kirklistoune and deputy Governor of the Castle of Edinburgh Shakeing of all due regaird to his majesties Lawes and authority Did under pretence of his haveing ane assurance from the Tacksmen of the Estate of Balcombie of their tack and of a disposition that the Tacksmen hade from the said Mr William Gordon of his right of the teynds of Balcombie for their releiff and security against a Certaine debt due to Sir Robert Enster incase the free Super plus profitt of the Tack of the Stock Should not pay that debt, Did upon the fourtein or ane or other of the dayes of December instant without any previous Legall Sentance warrant or dilligence whatsomever and after the Sum was sett, Send a Serjant with four Souldiers out of the castle of Edinburgh With a warrant in these very termes, serjant yow are hereby ordered with your partie to goe to the teynd Barne of Balcombie and to take possession therof and of the barn yeard Dowcat and Cuningarie therof and fishing of fynes2 this yow Shall doe as yow shall be answerable Subscrybed William Hope, And accordingly the said Serjant and Souldiers did violently break up the barne doors and Seazed all the Cornes therin, and Lodged them selves in the Barne and would not Suffer any fodder to be Caried out for the Mentinence of Twenty six head of Cattle horss and Nolt then upon the Maynes, and which for want were all put in hazard of Starving if not now actually Starved, Which damnadges cannot account to Less then the Soume of ane Thousand pounds Scots And Further the said souldiers and Serjants on pretence of the said warrant went to Fifnes and Discharged under severe Minaces Mr William Fishers of two boats of his own and the other fishers of the Town wherof the teynd fish be 3 longs to Mr William to give him ane Tack of Fish upon which resent violence and un heard of oppression; The said Mr William Gordon did instantly dispatch the said Elizabeth Wood his spouse to Complain to the Lords of his majesties privy Councill for the remeedy necessary, He himself being oblidged to remaine at home for preventing of furder hurt and mischeif by such an extraordinary oppressive practise By all which it is evident that the said Sir William Hope is guiltie airt and part of the forsaid Ryot and oppression which being proven the said Sir William Ought not only to be Decerned to repossess the forsaid pursuers to their full right and possession and to pay to the said pursuers the soume of […] for damnadge intrest and expenses, But also furder punished by Sentance of the saids Lords of privy Councill in his persone and goods as they shall see Cause to the terror and example of others to comitt the Like in any time comeing And Anent the Charge given to the said defenders To have Compeared personally befor the saids Lords at ane Certaine day now bygone To have answered to the points of the said Complaint And to have heard and seen such order and course taken theranent as the saids Lords should find Just As in the said Lybell or Letters of Complaint and executiones therof more fully is Contained Which Lybell being this day called in presence of the saids Lords of his Majesties privy Councill And the said Mr4 William Gordon one of the pursuers being oft times called and not Compearing And his said spouse the other pursuer Compearing personally with Sir James Stewart his Majesties advocat Sir David Thores Mr William Hage and Mr Alexander Abercrombie advocats for both pursuers And the said Sir William Hope defender Compearing personally with Mr David Dalrymple and Sir Walter Pringle his advocats, The Lybells and Answers therto for the defender being both5 read and both parties Lawiers fully heard, The saids Lords Remitts the Point of right and possession to the Lords of Councill and Session to be discust be them Summarly without abydeing the Course of the roll Bot prejudice of any Sequestratione In favors of the said Sir William Hope or his authors Laid on by Order of the Shirriff of Fyfe and his deputes.

Att Edinburgh the Twentie one day of December Jaj vic nyntie nyne years

D1699/12/111

Act

Act and Remitt Mr William Gordon Against Sir William Hope

Anent the lybell or Letters of Complaint raised and pursued before the Lords of his majesties privy Councill at the Instance of Mr William Gordon of Balcomie advocat and Elizabeth Wood his spouse and by his Speciall Warrant, With Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwrittin Mentioning That wher by the Lawes of this and all other well governed realmes violent langstrie and oppression are discharged, And that non should doe himself right at his oun hand Specially by Military executione without the warrant of any previous legall Sentance and to the ruin and undoeing of the persons opprest And that to doe in the Contrary is a Cryme of ane high nature and ought to be severly punished, Nevertheless It is of verity That Sir William Hope of Kirklistoune and deputy Governor of the Castle of Edinburgh Shakeing of all due regaird to his majesties Lawes and authority Did under pretence of his haveing ane assurance from the Tacksmen of the Estate of Balcombie of their tack and of a disposition that the Tacksmen hade from the said Mr William Gordon of his right of the teynds of Balcombie for their releiff and security against a Certaine debt due to Sir Robert Enster incase the free Super plus profitt of the Tack of the Stock Should not pay that debt, Did upon the fourtein or ane or other of the dayes of December instant without any previous Legall Sentance warrant or dilligence whatsomever and after the Sum was sett, Send a Serjant with four Souldiers out of the castle of Edinburgh With a warrant in these very termes, serjant yow are hereby ordered with your partie to goe to the teynd Barne of Balcombie and to take possession therof and of the barn yeard Dowcat and Cuningarie therof and fishing of fynes2 this yow Shall doe as yow shall be answerable Subscrybed William Hope, And accordingly the said Serjant and Souldiers did violently break up the barne doors and Seazed all the Cornes therin, and Lodged them selves in the Barne and would not Suffer any fodder to be Caried out for the Mentinence of Twenty six head of Cattle horss and Nolt then upon the Maynes, and which for want were all put in hazard of Starving if not now actually Starved, Which damnadges cannot account to Less then the Soume of ane Thousand pounds Scots And Further the said souldiers and Serjants on pretence of the said warrant went to Fifnes and Discharged under severe Minaces Mr William Fishers of two boats of his own and the other fishers of the Town wherof the teynd fish be 3 longs to Mr William to give him ane Tack of Fish upon which resent violence and un heard of oppression; The said Mr William Gordon did instantly dispatch the said Elizabeth Wood his spouse to Complain to the Lords of his majesties privy Councill for the remeedy necessary, He himself being oblidged to remaine at home for preventing of furder hurt and mischeif by such an extraordinary oppressive practise By all which it is evident that the said Sir William Hope is guiltie airt and part of the forsaid Ryot and oppression which being proven the said Sir William Ought not only to be Decerned to repossess the forsaid pursuers to their full right and possession and to pay to the said pursuers the soume of […] for damnadge intrest and expenses, But also furder punished by Sentance of the saids Lords of privy Councill in his persone and goods as they shall see Cause to the terror and example of others to comitt the Like in any time comeing And Anent the Charge given to the said defenders To have Compeared personally befor the saids Lords at ane Certaine day now bygone To have answered to the points of the said Complaint And to have heard and seen such order and course taken theranent as the saids Lords should find Just As in the said Lybell or Letters of Complaint and executiones therof more fully is Contained Which Lybell being this day called in presence of the saids Lords of his Majesties privy Councill And the said Mr4 William Gordon one of the pursuers being oft times called and not Compearing And his said spouse the other pursuer Compearing personally with Sir James Stewart his Majesties advocat Sir David Thores Mr William Hage and Mr Alexander Abercrombie advocats for both pursuers And the said Sir William Hope defender Compearing personally with Mr David Dalrymple and Sir Walter Pringle his advocats, The Lybells and Answers therto for the defender being both5 read and both parties Lawiers fully heard, The saids Lords Remitts the Point of right and possession to the Lords of Councill and Session to be discust be them Summarly without abydeing the Course of the roll Bot prejudice of any Sequestratione In favors of the said Sir William Hope or his authors Laid on by Order of the Shirriff of Fyfe and his deputes.

1. NRS, PC2/27, 292v-294r.

2. Altered from ‘fyfnes’.

3. Several illegible words scored out here.

4. Insertion.

5. Insertion.

1. NRS, PC2/27, 292v-294r.

2. Altered from ‘fyfnes’.

3. Several illegible words scored out here.

4. Insertion.

5. Insertion.

Sederunt, 21 December 1699, Edinburgh

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Att Edinburgh the Twentie one day of December Jaj vic nyntie nyne years1

D1699/12/102

Sederunt

Lord Chancelor; Earl of Marr; Earl of Lauderdale; Earl of Lothian; Earl of Lowdone; Earl of Anandale; Viscount Tarbat; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Aberurchill; Lord Halcraig; Lord Rankeillor; Lord Phesdo; Mr Fra: Montgomry

Att Edinburgh the Twentie one day of December Jaj vic nyntie nyne years1

D1699/12/102

Sederunt

Lord Chancelor; Earl of Marr; Earl of Lauderdale; Earl of Lothian; Earl of Lowdone; Earl of Anandale; Viscount Tarbat; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Aberurchill; Lord Halcraig; Lord Rankeillor; Lord Phesdo; Mr Fra: Montgomry

1. NRS, PC2/27, 292v.

2. NRS, PC2/27, 292v.

1. NRS, PC2/27, 292v.

2. NRS, PC2/27, 292v.

Act, 19 December 1699, Edinburgh

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Att Edinburgh The nynteinth day of December Jaj vic Nyntie Nyne years

D1699/12/91

Act

Act and Remitt Telman Goden Against William Murray

Anent the Lybell or Letters of Complaint raised and pursued before the Lords of privy2 Councill at the instance of Telman Goden late servant to the Lord Polwarth Mentioning That wher by the Lawes and acts of Parliament as weell as the Lawes of all weell governed nationes all persones who keeps Ossilries and publict Inns for receveing of and Lodging of Strangers and travellers ought to defend and Mantaine the saids Lodgers in saifty and security in their persones and goods and the stealling robbing or away takeing of their money wearing appearall and other accutriements belonging to them, and striping their lodgers, almost naked of their very apperall and Wearing Cloathes by themselves or any other resett or intertained by them, are Crymes of ane high nature and severly punishable Especially when Committed against Strangers and foraigners, who hade ventured their life and spent much their time in his majesties service Nevertheless It is of verity That The said pursuer after haveing been fyve years in his majesties service and haveing reported a testificat therof and obtained a pass from his majesties Chancelor to goe beyond sea to see his freinds who Lived at Cambry being himself a native Frenchman in order to accomplish his said voage did upon ane or other of the dayes of the Moneth of September October or November in this present year of God goe to Kirkaldie in hopes to have found a ship to have caried him over to Holland or Flanders and therby the directione of the people went to the house of William Murray who keeped a publict Changehouse at the Signe of the Crown in the said burgh, wher he took up his Lodging and delivered to his Landlord the said William Murray a Trunk cloak bagg wherin were his wearing Cloaths of a Considerable value and twenty pounds sterling of his wadges which Clogbagg the said William Murray received from him about Twelve a Cloak in the day, and he and his brother Caried the Same up to the roome wher the said pursuer was to lodge that night and the pursuir haveing gone to Look after a Shipp, and haveing come back to the said William Murray’s house after Supping then went to the Chancelor wher he was to Lodge and before goeing to bed demanded from the Landlord a key to Lock or make the door fast by Bolt, Bot the said William Murray instead of secureing the roome wher the Clogbagg was then still Laying told the pursuer, That the door hade neither key nor bolt nor needed any bot he could be answerable for the Cloakbagg and all within the roome belonging to the pursuer, Nevertheless early before six of the Cloak nixt morning before the persuer was awake, The said William Murray came running in to the roome and asked for the pursuers Clogbagg pretending a stranger who hade Lodged in that house was emissing who perhapes might have wronged his Clogbagg, Bot in effect as the said pursuer now understands, That the said William Murray understands That the said William Murray himself being Banished out of Edinburgh for disaffection to the Government hade a mortall hatred to all who hade exposed and ventured their Lives in his majesties service was therfore greedy to Lay hold upon any opportunity to Spulzie and berive such as the pursuer of their goods and money Especially Looking upon him as a Stranger who neither know how to Complaine not how to seek redress and Therfore hade undowbtedly caried a way the Clog bagg with the Cloathes and money therin, and like wayes the pursuers haill gloves wearing Coat and severall others of this wearing abulziements in so much as he was Stripped very near to the skine Wher throw the said William Murray is guilty of a manifest Spulzie and robbery in Carrieing away the forsaid Trunk clogbagg Cloathes and other Abulziements And Therfore at least as being ane Innkeeper and master of ane hossilery ought to refound and make the samen good to the pursuer Conforme to his oath to be3 given anent the value therof and otherwayes to be punished in his presence and goods to the teror of others to Committ the Like in time comeing And Anent the Charge given to the said defender To have Compeared personally before the saids Lords of his Majesties privy Councill this day To have answered to the forsaid Complaint and to have heard and seen such order and Course taken theranent as appertaines As in the said Lybell or Letters of Complaint and executiones therof at more Lenth is Contained, Which Lybell and answers made therto for the defender being this day Called and both parties Compearing personally with Sir Androw and Sir Patrick Homes his advocats and Sir David Thores Mr William Hoge and Mr Robert Whyt advocats for the defenders, The Lybell and answers made therto for the defender being read and both parties and their Lawiers being fully heard And the saids Lords haveing Considered the Lybell and whole matter They hereby Remitt the Lybell to be Sumarly insisted in and discust before the Lords of Councill and Session without abydeing the Course of the roll.

Att Edinburgh The nynteinth day of December Jaj vic Nyntie Nyne years

D1699/12/91

Act

Act and Remitt Telman Goden Against William Murray

Anent the Lybell or Letters of Complaint raised and pursued before the Lords of privy2 Councill at the instance of Telman Goden late servant to the Lord Polwarth Mentioning That wher by the Lawes and acts of Parliament as weell as the Lawes of all weell governed nationes all persones who keeps Ossilries and publict Inns for receveing of and Lodging of Strangers and travellers ought to defend and Mantaine the saids Lodgers in saifty and security in their persones and goods and the stealling robbing or away takeing of their money wearing appearall and other accutriements belonging to them, and striping their lodgers, almost naked of their very apperall and Wearing Cloathes by themselves or any other resett or intertained by them, are Crymes of ane high nature and severly punishable Especially when Committed against Strangers and foraigners, who hade ventured their life and spent much their time in his majesties service Nevertheless It is of verity That The said pursuer after haveing been fyve years in his majesties service and haveing reported a testificat therof and obtained a pass from his majesties Chancelor to goe beyond sea to see his freinds who Lived at Cambry being himself a native Frenchman in order to accomplish his said voage did upon ane or other of the dayes of the Moneth of September October or November in this present year of God goe to Kirkaldie in hopes to have found a ship to have caried him over to Holland or Flanders and therby the directione of the people went to the house of William Murray who keeped a publict Changehouse at the Signe of the Crown in the said burgh, wher he took up his Lodging and delivered to his Landlord the said William Murray a Trunk cloak bagg wherin were his wearing Cloaths of a Considerable value and twenty pounds sterling of his wadges which Clogbagg the said William Murray received from him about Twelve a Cloak in the day, and he and his brother Caried the Same up to the roome wher the said pursuer was to lodge that night and the pursuir haveing gone to Look after a Shipp, and haveing come back to the said William Murray’s house after Supping then went to the Chancelor wher he was to Lodge and before goeing to bed demanded from the Landlord a key to Lock or make the door fast by Bolt, Bot the said William Murray instead of secureing the roome wher the Clogbagg was then still Laying told the pursuer, That the door hade neither key nor bolt nor needed any bot he could be answerable for the Cloakbagg and all within the roome belonging to the pursuer, Nevertheless early before six of the Cloak nixt morning before the persuer was awake, The said William Murray came running in to the roome and asked for the pursuers Clogbagg pretending a stranger who hade Lodged in that house was emissing who perhapes might have wronged his Clogbagg, Bot in effect as the said pursuer now understands, That the said William Murray understands That the said William Murray himself being Banished out of Edinburgh for disaffection to the Government hade a mortall hatred to all who hade exposed and ventured their Lives in his majesties service was therfore greedy to Lay hold upon any opportunity to Spulzie and berive such as the pursuer of their goods and money Especially Looking upon him as a Stranger who neither know how to Complaine not how to seek redress and Therfore hade undowbtedly caried a way the Clog bagg with the Cloathes and money therin, and like wayes the pursuers haill gloves wearing Coat and severall others of this wearing abulziements in so much as he was Stripped very near to the skine Wher throw the said William Murray is guilty of a manifest Spulzie and robbery in Carrieing away the forsaid Trunk clogbagg Cloathes and other Abulziements And Therfore at least as being ane Innkeeper and master of ane hossilery ought to refound and make the samen good to the pursuer Conforme to his oath to be3 given anent the value therof and otherwayes to be punished in his presence and goods to the teror of others to Committ the Like in time comeing And Anent the Charge given to the said defender To have Compeared personally before the saids Lords of his Majesties privy Councill this day To have answered to the forsaid Complaint and to have heard and seen such order and Course taken theranent as appertaines As in the said Lybell or Letters of Complaint and executiones therof at more Lenth is Contained, Which Lybell and answers made therto for the defender being this day Called and both parties Compearing personally with Sir Androw and Sir Patrick Homes his advocats and Sir David Thores Mr William Hoge and Mr Robert Whyt advocats for the defenders, The Lybell and answers made therto for the defender being read and both parties and their Lawiers being fully heard And the saids Lords haveing Considered the Lybell and whole matter They hereby Remitt the Lybell to be Sumarly insisted in and discust before the Lords of Councill and Session without abydeing the Course of the roll.

1. NRS, PC2/27, 290v-292r.

2. Insertion.

3. The words ‘to be’ are an insertion.

1. NRS, PC2/27, 290v-292r.

2. Insertion.

3. The words ‘to be’ are an insertion.

Sederunt, 19 December 1699, Edinburgh

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Att Edinburgh The nynteinth day of December Jaj vic Nyntie Nyne years1

D1699/12/82

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Earl of Marr; Earl of Lauderdale; Earl of Lothian; Earl of Lowdoune; Earl of Leven; Earl of Anandale; Viscount Tarbat; Lord Polwarth; Lord Ruthven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberurchill; Lord Halcraig; Lord Rankeiller; Lord Phesdoe; Mr Fra: Montgomry; Laird of Stivensone

Att Edinburgh The nynteinth day of December Jaj vic Nyntie Nyne years1

D1699/12/82

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Earl of Marr; Earl of Lauderdale; Earl of Lothian; Earl of Lowdoune; Earl of Leven; Earl of Anandale; Viscount Tarbat; Lord Polwarth; Lord Ruthven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberurchill; Lord Halcraig; Lord Rankeiller; Lord Phesdoe; Mr Fra: Montgomry; Laird of Stivensone

1. NRS, PC2/27, 290v.

2. NRS, PC2/27, 290v.

1. NRS, PC2/27, 290v.

2. NRS, PC2/27, 290v.

Procedure: bill of suspension, 14 December 1699, Edinburgh

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Att Edinburgh the Fourtein day of December Jaj vic Nyntie Nyne years

D1699/12/71

Procedure: bill of suspension

[Bill of Suspension]

The Lords of his majesties privy Councill haveing heard the bill of Suspensione given in at the instance of the Lairds of Arbigland and Deuchene against the moderator of the presbytrie of Dumfrees They pass’d the said bill of Suspensione.

Att Edinburgh the Fourtein day of December Jaj vic Nyntie Nyne years

D1699/12/71

Procedure: bill of suspension

[Bill of Suspension]

The Lords of his majesties privy Councill haveing heard the bill of Suspensione given in at the instance of the Lairds of Arbigland and Deuchene against the moderator of the presbytrie of Dumfrees They pass’d the said bill of Suspensione.

1. NRS, PC2/27, 290v.

1. NRS, PC2/27, 290v.

Act, 14 December 1699, Edinburgh

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Att Edinburgh the Fourtein day of December Jaj vic Nyntie Nyne years

D1699/12/61

Act

Act […] Setton relict of Lewis Viscount of Frendraught

Anent the Petition given in to the Lords of his majesties privy Councill be Marjory Setton relict of Lodovick Sometime Viscount of Frendraught and Captain Thomas Setton her brother Shewing That wher the petitioners haveing Conveened Christian Viscountess of Frendraught and James Spence her Servant and George Chrichtone of Auchingoull and his Sones and Severall others before the saids Lords for their violent unlawfull and unwarrantable incraochments against the petitioners and dispossessing the petitioners of their house and fair of Frendraught wherin ther is probatione adduced against the said James Spence And the Viscountess anent the Fair; Which upon the adviseing It was hoped the saids Lords would Find Sufficiently prove the petitioners Lybell against the said James Spence and her Bot as to young Auchingoull and the rest of his accomplices they are denunced for not Compearance So the Saids Lords thought not fitt to adduce the petitioners probatione against them And as to the threatenings expressed by old Auchingoull the witnesses cited for proveing therof have not Compeared And Seing the petitioners hade been at great expensses in raiseing the process Bringing over ten or Twelve witnesses besides the petitioners great Losses and damnadges the petitioners have Sustained throw the forsaid Ryot Committed by the defenders; And that young Auchingowll And his accomplices doe Continue ther unwarrantable possession of the said house of Frendraught and the saids Lords Decreet against them will not be effectuall unless ther be a recomendation to the Shirriff of Aberdeen or Some parte of his majesties forces to dispossess these oppressors and See the saids Lords Decreet put to due executione And Therfore Craveing the saids Lords would be pleased to grant Warrant by Captione against the witnesses cited and not Compearing And in the nixt place to Decerne, Young Auchingowll and the rest of the defenders not Compearing in the Soume the petitioner, Claimes in their Lybell for their damnadges And Ordaine the petitioners to be put in possession of the said house and four of Frendraught and modifie Large expensses to be payed by Christian Viscountess of Frendraught for her unwarrantable dispossessing the petitioners from the said Fair And to Grant warrand to the Shirriff of the Shyre with some of his majesties forces nearest that place to see the saids Lords Sentance and decreet put to effectuall executione against these Lawless oppressors without which the petitioners Cannot be redressed as the petitione bears, The Lords of his Majesties privy Councill Haveing Considered the above petition given in to them by the above Marjory Setton and Captain Setton her brother The saids Lords Doe hereby Grant farder dilligence by Caption at the instance of the petitioners viz James Rait Servitor to George Chrichton of Auchingowll Issobell Fleyming servitrix to Stewart of Lessmordie Margaret Shaw Bessie Chrystie and John Mowat all Servants to the said George Chrichtoune of Auchingoull and Alexander Lesslie of Overtulloch who being all Called Compeared not, And appoints the said farder dilligence by Caption to be execute betwixt and the […] day of […] And Refuses the other desyres of the said petition.

Att Edinburgh the Fourtein day of December Jaj vic Nyntie Nyne years

D1699/12/61

Act

Act […] Setton relict of Lewis Viscount of Frendraught

Anent the Petition given in to the Lords of his majesties privy Councill be Marjory Setton relict of Lodovick Sometime Viscount of Frendraught and Captain Thomas Setton her brother Shewing That wher the petitioners haveing Conveened Christian Viscountess of Frendraught and James Spence her Servant and George Chrichtone of Auchingoull and his Sones and Severall others before the saids Lords for their violent unlawfull and unwarrantable incraochments against the petitioners and dispossessing the petitioners of their house and fair of Frendraught wherin ther is probatione adduced against the said James Spence And the Viscountess anent the Fair; Which upon the adviseing It was hoped the saids Lords would Find Sufficiently prove the petitioners Lybell against the said James Spence and her Bot as to young Auchingoull and the rest of his accomplices they are denunced for not Compearance So the Saids Lords thought not fitt to adduce the petitioners probatione against them And as to the threatenings expressed by old Auchingoull the witnesses cited for proveing therof have not Compeared And Seing the petitioners hade been at great expensses in raiseing the process Bringing over ten or Twelve witnesses besides the petitioners great Losses and damnadges the petitioners have Sustained throw the forsaid Ryot Committed by the defenders; And that young Auchingowll And his accomplices doe Continue ther unwarrantable possession of the said house of Frendraught and the saids Lords Decreet against them will not be effectuall unless ther be a recomendation to the Shirriff of Aberdeen or Some parte of his majesties forces to dispossess these oppressors and See the saids Lords Decreet put to due executione And Therfore Craveing the saids Lords would be pleased to grant Warrant by Captione against the witnesses cited and not Compearing And in the nixt place to Decerne, Young Auchingowll and the rest of the defenders not Compearing in the Soume the petitioner, Claimes in their Lybell for their damnadges And Ordaine the petitioners to be put in possession of the said house and four of Frendraught and modifie Large expensses to be payed by Christian Viscountess of Frendraught for her unwarrantable dispossessing the petitioners from the said Fair And to Grant warrand to the Shirriff of the Shyre with some of his majesties forces nearest that place to see the saids Lords Sentance and decreet put to effectuall executione against these Lawless oppressors without which the petitioners Cannot be redressed as the petitione bears, The Lords of his Majesties privy Councill Haveing Considered the above petition given in to them by the above Marjory Setton and Captain Setton her brother The saids Lords Doe hereby Grant farder dilligence by Caption at the instance of the petitioners viz James Rait Servitor to George Chrichton of Auchingowll Issobell Fleyming servitrix to Stewart of Lessmordie Margaret Shaw Bessie Chrystie and John Mowat all Servants to the said George Chrichtoune of Auchingoull and Alexander Lesslie of Overtulloch who being all Called Compeared not, And appoints the said farder dilligence by Caption to be execute betwixt and the […] day of […] And Refuses the other desyres of the said petition.

1. NRS, PC2/27, 289v-290v.

1. NRS, PC2/27, 289v-290v.

Act, 14 December 1699, Edinburgh

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Att Edinburgh the Fourtein day of December Jaj vic Nyntie Nyne years

D1699/12/51

Act

Act James Chrighton of Auchingoul and Alexander Stewart

Anent the petition given in to the Lords of his majesties privy Councill be James Chrichtone Sone to George Chrichtone of Auchingowill and Alexander Stewart of Lessimurday Shewing That Wher the relict of Lowis sometime Viscount of Frendraught and Hellen Johnstone relict of the deceast Arthur Forles of Balvennie and Mrs Magdallen Chrichtone Sister to the said deceast viscount haveing raised a Clamerous Complaint against the said James Chrichtone before the saids Lords, as if the petitioner hade after threats and Minaces to dispossess them of the house of Frendraught by violence gone North and execute the petitioners saids threats in the most barbarous and inhumane Maner that could be by not only entering the house in a hostile maner with bands of men, The petitioners pretended accomplices and therupon violently breaking doors Clossets, and others and robbing and plundering all household stuff and Furnitur And that the petitioner hade by violence thrust out the said Hellen Johnstoune and seazed all that she hade, And that upon the said relict of the Last Lord Lowis her returne home from Edinburgh, The petitioner did violently debarr her access to the house and Maletreat her in such sort that she Contracted a fewer in the Barne of John Duff tennent in the Maynes and concludes against the petitioner that the petitioner could not only be severly punished bot Decerned in payment of great Sumes of money, as the value of the goods and others alledged Robed and plundered from the said Hellen Johnstone, Mrs Magdallan Chricton and the other pursuers It is true that the Occasion of the petitioners not Compearance on Tuesday last according to the Citation was That albeit the petitioner out of Conscieousnes of his oun integrity did take Journey near eight dayes before hand, That the petitioner might have been here in due time for prepairing of the petitioners defences yet the thaw and break of the storme haveing so obstructed the petitioners travell That it was Impossible for the petitioner to aryve here sooner then wedensday last the very nixt day after the day of Compearance and wherthrow tho the Certificatione be pronunced against the petitioner, yet the petitioner humbly hopes the Lands Lords would repone the petitioner their against Considering that some of the witnesses cited by the pursuers themselves who was alse weell as the petitioner were Storme stayed as said is could testifie the verity of the petitioners alledgance, and being reponed the petitioner with all humility offered to the saids Lords the ground of the petitioners defence as it ariseth from the matter of fact following Viz the Last Lowis Viscount of Frendraught haveing never been infeft nor yet brooked he any more bot the house of Frendraught, and a small aliement out of the Lands nixt adjacent therto by the saids Lords order for his lifetime, And the petitioners father haveing been served heir upon Inventary to the Last infeft viscount of James Frendraught his Nephew, And their being some precedents wher the appearand heirs are not precluded from the litle of honor upon the Forfaulter of the Last intituled persone As in the case of the Earle of Buchan, The petitioners said father thinking that the Last deceased and Forfaulted Viscount Lowis his relicts intrest to dwall in the house of Frendraught did cease with her husbands death And with all Considering that by her and others assumed to dwall in the said house their negligence the house was become intirely ruinous as to the rooff Lofting flooring and everie way else Which threatned much2 damnage to the petitioners said father If upon his attaineing to a Competency of Substance it should be found practicable for him to assume the title and dignity of the family And in the mean time he the petitioners said father haveing upon his appearance and Service aforsaid applied to the saids Lords of Session for removeing the said relict of the Late Viscount Lowis, Or At3 Least that access should be allowed to the house for work men and others to repair the same seing ther was abundance of Convenience for serving that purpose and accomodating the said relict albeit her family were six times more numerous then it is, The Lords thought fitt to remitt the petitioners fathers Conclusione of Removeall to be prosecute by way of actione, Bot the petitioner did not hear or understand that they hade utterly refused access for repairing of the house in the way and maner demanded, Wherupon the petitioner did without any previous threat or Minace, (and which the petitioner utterly deny) come to the house of Frendraught Singly without the attendance of any man and haveing in the peaseable maner entred by the open patent gates, The petitioner found non ther bot the said Hellen Johnston and Francis Chrichtone the petitioners brother and Alexander Stewart of Lessmurday Sitting in queit and Civill maner with some of the ordinary servants about the house, and after the said Francis and Alexander hade gone out of the roome, The petitioner told the said Hellen Johnstone that the petitioner thought She hade no title to dwall ther, Beside that She by makeing use of severall of the roomes at buyers and folds for sheep and Cattell and otherwayes distroying the fixt furniture was not a weell holden guest, and that what ever way the late Viscount Lowis his relict and her family might continue to possess yet the said Hellen Johnstone might give way at Least for accomodating work men and others in order to the repairing of the house, wherupon She the said Hellen in her ordinary posture Viz her nightgown and Slipers as she used to walk in and out about the gates did goe out and desert the house wher throw and because the petitioner wanted the keyes of the uper Stories and Caphouse By which the work men might arryve at the rooff for mending of the same the petitioner was necessitate indeed to lock the doors, and upon advertisment of the last Viscount Lowis his relict her arryvall from Edinburgh with her sister in Law the said Mr Magdallen the petitioner did upon ale hast come from Auchingowll to John Duffus house at the green of Frendraught wher they were, and ther with all respect and defference Immaginable besought the Lady to enter the house and accomodate her self with her family and Servants And with the Same breath told her what hade past Some dayes before in order to the accommodating of the workmen wrights and others with the timber daills and other Matterialls that she did then actually See in her presence for repairing the ruinous condition of the house, Bot She utterly refused all proposalls Or so much as to accommodat her self in the house or yet to lett the petitioner proceed in the repairationes, Wherupon the petitioner was necessitate to take instruments upon the petitioners said offer and protest for coast Skaith and damnadge In Respect of the ruinous Conditione of the house as the Lady her self will not nor cannot deny, And the nottar and witnesses shall prove, and after all the petitioners expostulations with her The petitioner was necessitate to cary home the keyes of the house with the petitioner to Auchingowll Least by the desertione of the house on all hands ther might be some pretentiones of damnadges unduely Charged on the petitioner by the Imbazlments that might happen to be Committed, Notwithstanding all the Cautiousness the petitioner used for secureing against such pretentions In so farr as primo upon Hellen Johnstounes removeall out of the house and her receiveing every thing that she should Lay clame to as hers to a pins worth And that at the Sight of Alexander Hamilton a freind of her oun nominatione She did grant the petitioner ane absolute respect and discharge without the least Compulsitor or restraint As She her self upon her Oath of Cannot deny, And shall be proven by the Gentlmen that wryt and were witnesses in the discharge Secundo quoad Mrs Magdallen Chrichtone her pretentione of Damnadges She her self upon her oath of Calumnie Cannot deny Bot She entred the house in person and received and took out every thing she would Call her own, And therupon went her way without the least Grydge or Claime anent the want of any thing Likeas Tertio the lady herself tho she refused The petitioners Overtures of Accommodatione yet She never wanted access to the house when she pleased And all that She can pretend to stand yet in the house untouched for any thing the petitioner knowes Quinto And what is above represented being the treuth of all the matter And which upon the event of the exculpatione and the saids Lords allowing the petitioner dilligence for citeing of witnesses the petitioner will evidently make appear, The saids Lords may perceive by what force of ill Councill the pursuers have been acted when they wrested the Matters to such a degree of Ryot and violance as is Lybelled And therby Created the saids Lords great trouble and the petitioner and severall others much expensses and vexatione. Likeas the said Alexander Stewart of Lessmurday was Likewayes hindred from Compearance by Storme and was altogither Innocent and free of the matter Complained off, as upon the event of ane exculpatione the petitioner was able to make appear And Therfore Humbly Craveing the saids Lords would be pleased In respect of the petitioners plaine ingenuity In all that is above represented And that the petitioners can prove the Same by witnesses beyond exception To allow the petitioner a day for exculpating themselves and that on Such Competent time as the petitioners might by vertue of ane dilligence adduce witnesses for that effect And in the mean time That the saids Lords would be pleased to discharge the extracting any Certificatione against the petitioners or denunceing them for their not arryvall at the precise hour of Compearance, as the said petitione bears. The Lords of his Majesties privy Councill haveing Considered this petitione given in to them be the above James Crichtone younger of Auchingowll They Have Reponed and hereby Repones the petitioners against the Certification pronunced against him in the proces pursued at the instance of the late Viscountes of Frendraught and appoines him to be ready with his Lawiers attending the Councill against Tewsday nixt being the Nynteinth day of December instant to debate in the proces at the said Ladies instance against him And Refuses the other desires of the bill.

Att Edinburgh the Fourtein day of December Jaj vic Nyntie Nyne years

D1699/12/51

Act

Act James Chrighton of Auchingoul and Alexander Stewart

Anent the petition given in to the Lords of his majesties privy Councill be James Chrichtone Sone to George Chrichtone of Auchingowill and Alexander Stewart of Lessimurday Shewing That Wher the relict of Lowis sometime Viscount of Frendraught and Hellen Johnstone relict of the deceast Arthur Forles of Balvennie and Mrs Magdallen Chrichtone Sister to the said deceast viscount haveing raised a Clamerous Complaint against the said James Chrichtone before the saids Lords, as if the petitioner hade after threats and Minaces to dispossess them of the house of Frendraught by violence gone North and execute the petitioners saids threats in the most barbarous and inhumane Maner that could be by not only entering the house in a hostile maner with bands of men, The petitioners pretended accomplices and therupon violently breaking doors Clossets, and others and robbing and plundering all household stuff and Furnitur And that the petitioner hade by violence thrust out the said Hellen Johnstoune and seazed all that she hade, And that upon the said relict of the Last Lord Lowis her returne home from Edinburgh, The petitioner did violently debarr her access to the house and Maletreat her in such sort that she Contracted a fewer in the Barne of John Duff tennent in the Maynes and concludes against the petitioner that the petitioner could not only be severly punished bot Decerned in payment of great Sumes of money, as the value of the goods and others alledged Robed and plundered from the said Hellen Johnstone, Mrs Magdallan Chricton and the other pursuers It is true that the Occasion of the petitioners not Compearance on Tuesday last according to the Citation was That albeit the petitioner out of Conscieousnes of his oun integrity did take Journey near eight dayes before hand, That the petitioner might have been here in due time for prepairing of the petitioners defences yet the thaw and break of the storme haveing so obstructed the petitioners travell That it was Impossible for the petitioner to aryve here sooner then wedensday last the very nixt day after the day of Compearance and wherthrow tho the Certificatione be pronunced against the petitioner, yet the petitioner humbly hopes the Lands Lords would repone the petitioner their against Considering that some of the witnesses cited by the pursuers themselves who was alse weell as the petitioner were Storme stayed as said is could testifie the verity of the petitioners alledgance, and being reponed the petitioner with all humility offered to the saids Lords the ground of the petitioners defence as it ariseth from the matter of fact following Viz the Last Lowis Viscount of Frendraught haveing never been infeft nor yet brooked he any more bot the house of Frendraught, and a small aliement out of the Lands nixt adjacent therto by the saids Lords order for his lifetime, And the petitioners father haveing been served heir upon Inventary to the Last infeft viscount of James Frendraught his Nephew, And their being some precedents wher the appearand heirs are not precluded from the litle of honor upon the Forfaulter of the Last intituled persone As in the case of the Earle of Buchan, The petitioners said father thinking that the Last deceased and Forfaulted Viscount Lowis his relicts intrest to dwall in the house of Frendraught did cease with her husbands death And with all Considering that by her and others assumed to dwall in the said house their negligence the house was become intirely ruinous as to the rooff Lofting flooring and everie way else Which threatned much2 damnage to the petitioners said father If upon his attaineing to a Competency of Substance it should be found practicable for him to assume the title and dignity of the family And in the mean time he the petitioners said father haveing upon his appearance and Service aforsaid applied to the saids Lords of Session for removeing the said relict of the Late Viscount Lowis, Or At3 Least that access should be allowed to the house for work men and others to repair the same seing ther was abundance of Convenience for serving that purpose and accomodating the said relict albeit her family were six times more numerous then it is, The Lords thought fitt to remitt the petitioners fathers Conclusione of Removeall to be prosecute by way of actione, Bot the petitioner did not hear or understand that they hade utterly refused access for repairing of the house in the way and maner demanded, Wherupon the petitioner did without any previous threat or Minace, (and which the petitioner utterly deny) come to the house of Frendraught Singly without the attendance of any man and haveing in the peaseable maner entred by the open patent gates, The petitioner found non ther bot the said Hellen Johnston and Francis Chrichtone the petitioners brother and Alexander Stewart of Lessmurday Sitting in queit and Civill maner with some of the ordinary servants about the house, and after the said Francis and Alexander hade gone out of the roome, The petitioner told the said Hellen Johnstone that the petitioner thought She hade no title to dwall ther, Beside that She by makeing use of severall of the roomes at buyers and folds for sheep and Cattell and otherwayes distroying the fixt furniture was not a weell holden guest, and that what ever way the late Viscount Lowis his relict and her family might continue to possess yet the said Hellen Johnstone might give way at Least for accomodating work men and others in order to the repairing of the house, wherupon She the said Hellen in her ordinary posture Viz her nightgown and Slipers as she used to walk in and out about the gates did goe out and desert the house wher throw and because the petitioner wanted the keyes of the uper Stories and Caphouse By which the work men might arryve at the rooff for mending of the same the petitioner was necessitate indeed to lock the doors, and upon advertisment of the last Viscount Lowis his relict her arryvall from Edinburgh with her sister in Law the said Mr Magdallen the petitioner did upon ale hast come from Auchingowll to John Duffus house at the green of Frendraught wher they were, and ther with all respect and defference Immaginable besought the Lady to enter the house and accomodate her self with her family and Servants And with the Same breath told her what hade past Some dayes before in order to the accommodating of the workmen wrights and others with the timber daills and other Matterialls that she did then actually See in her presence for repairing the ruinous condition of the house, Bot She utterly refused all proposalls Or so much as to accommodat her self in the house or yet to lett the petitioner proceed in the repairationes, Wherupon the petitioner was necessitate to take instruments upon the petitioners said offer and protest for coast Skaith and damnadge In Respect of the ruinous Conditione of the house as the Lady her self will not nor cannot deny, And the nottar and witnesses shall prove, and after all the petitioners expostulations with her The petitioner was necessitate to cary home the keyes of the house with the petitioner to Auchingowll Least by the desertione of the house on all hands ther might be some pretentiones of damnadges unduely Charged on the petitioner by the Imbazlments that might happen to be Committed, Notwithstanding all the Cautiousness the petitioner used for secureing against such pretentions In so farr as primo upon Hellen Johnstounes removeall out of the house and her receiveing every thing that she should Lay clame to as hers to a pins worth And that at the Sight of Alexander Hamilton a freind of her oun nominatione She did grant the petitioner ane absolute respect and discharge without the least Compulsitor or restraint As She her self upon her Oath of Cannot deny, And shall be proven by the Gentlmen that wryt and were witnesses in the discharge Secundo quoad Mrs Magdallen Chrichtone her pretentione of Damnadges She her self upon her oath of Calumnie Cannot deny Bot She entred the house in person and received and took out every thing she would Call her own, And therupon went her way without the least Grydge or Claime anent the want of any thing Likeas Tertio the lady herself tho she refused The petitioners Overtures of Accommodatione yet She never wanted access to the house when she pleased And all that She can pretend to stand yet in the house untouched for any thing the petitioner knowes Quinto And what is above represented being the treuth of all the matter And which upon the event of the exculpatione and the saids Lords allowing the petitioner dilligence for citeing of witnesses the petitioner will evidently make appear, The saids Lords may perceive by what force of ill Councill the pursuers have been acted when they wrested the Matters to such a degree of Ryot and violance as is Lybelled And therby Created the saids Lords great trouble and the petitioner and severall others much expensses and vexatione. Likeas the said Alexander Stewart of Lessmurday was Likewayes hindred from Compearance by Storme and was altogither Innocent and free of the matter Complained off, as upon the event of ane exculpatione the petitioner was able to make appear And Therfore Humbly Craveing the saids Lords would be pleased In respect of the petitioners plaine ingenuity In all that is above represented And that the petitioners can prove the Same by witnesses beyond exception To allow the petitioner a day for exculpating themselves and that on Such Competent time as the petitioners might by vertue of ane dilligence adduce witnesses for that effect And in the mean time That the saids Lords would be pleased to discharge the extracting any Certificatione against the petitioners or denunceing them for their not arryvall at the precise hour of Compearance, as the said petitione bears. The Lords of his Majesties privy Councill haveing Considered this petitione given in to them be the above James Crichtone younger of Auchingowll They Have Reponed and hereby Repones the petitioners against the Certification pronunced against him in the proces pursued at the instance of the late Viscountes of Frendraught and appoines him to be ready with his Lawiers attending the Councill against Tewsday nixt being the Nynteinth day of December instant to debate in the proces at the said Ladies instance against him And Refuses the other desires of the bill.

1. NRS, PC2/27, 286r-289v.

2. The word ‘danger’ scored out here.

3. Written over the word ‘that’.

1. NRS, PC2/27, 286r-289v.

2. The word ‘danger’ scored out here.

3. Written over the word ‘that’.