D1699/12/4
D1699/12/42
Sederunt
Lord Chancelor; Earl of Melvill P:C:; Earl of Marr; Earl of Cassills; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Viscount Tarbat; Lord Advocat; Lord Thesaurer Deput; Lord Phesdoe; Mr Fra: Montgomry; Laird of Stivenson; Lord Provest of Edinburgh
1. NRS, PC2/27, 286r.
2. NRS, PC2/27, 286r.
1. NRS, PC2/27, 286r.
2. NRS, PC2/27, 286r.
D1699/12/3
D1699/12/31
Act
Anent a petition given in to the Lords of his majesties privy Councill be Robert Irvine of Cornhaugh Shewing That wher the petitioner being cited as a witness at the Instance of Dame Marjory Settone relict of Lowis Late Viscount of Frendraught Mrs Magdallen Crichtoune, Hellen Johnstoune and others pursuers to Compear before the saids Lords on Tewsday last Trew it is that albeit the petitioner have been full eight dayes upon the petitioners Journey that the petitioner usually make in thrie days apart by the unseasonablnes of the weather which has abstructed the Canon post and many others as was notourly known the petitioner was not able to aryve here Sooner then Wednesday last the very first day after the day of Compearance, And seing it is manifest that the petitioners not Compearance upon the very day was no wayes out of Continuance Bot by reasone of ane Invincible obstruction as aforsaid And therfore humbly Craveing the saids Lords would be pleased by their delyverance hereupon to discharge the denounceing the petitioner and stop the Certificatione past against him as the said petition bears. The Lords of his majesties privy Councill haveing Considered this petition given in to them be the above Robert Irvine They hereby allow the petitioner to be received as witnes in the above process And Discharges to give out any Caption against him, and the said petitioner being called for at the bar, and haveing made faith 3 in the usuall forme Recomends to the Committie already named to examine him reserving all4 objectiones to be made before the Comittie and appoints them to meet at ten In the forenoon.
1. NRS, PC2/27, 285v-286r.
2. Sic.
3. The words ‘at the bar’ have been scored out here.
4. Insertion.
1. NRS, PC2/27, 285v-286r.
2. Sic.
3. The words ‘at the bar’ have been scored out here.
4. Insertion.
D1699/12/2
D1699/12/21
Decreet
Anent the Lybell or letters of Complaint purchased and raised before the Lords of his majesties privy Councill at the instance of Mr Thomas Nairne of Cragtoune late Dean of Gild of the burgh of Saind Androw’s John Lundie younger of Baldester Likewayes Late Dean of Gild of the said burgh James Smith late Baillie ther and John Wilsone late thesourer ther for them selves and the remanent gild bretheren of the said burgh as also Robert Watsone deacon of the Hammermen of the said burgh with Concourse of Sir James Stewart his majesties advocat for his highnes intrest in the matter underwryten Making Mention That wher by the Lawes and acts of parliament the governmint of the burghes within this kingdome Ought to be Legally and orderly and the election of officers in Burgh ought to be without partiallity or mastership, and that their ought to be no oppression of Nighbours within the Same Likeas all publict allowed Records Ought to be keept intire without vitiatione or Laceratione, And that to doe in the contrary are Crymes of ane high nature and ought to be Severly punished Nevertheless It is of verity That John Morise one of the Baillies of the said burgh being also Baillie for the year Jaj vic Nyntie Seven years and Some one or other of his Colligues with him haveing by themselves without the knowledge and Consent of the Dean of Gild and his assessors admitted in the said year Jaj vic Nyntie Seven Mr Robert Hay of Drumcaro and others to be burgesses and Gild brothers of the said burgh And the said Mr Thomas Nairne of Craigtoune then dean of Gild haveing therupon called a Dean of Gild Court of the whole Gild bretheren They did then and therin Declare the forsaid Admission unlawfull and Resshinded the same with the saids burgesships, ordaineing that for the future no Burges or Gild brother should be made and admitted without Consent of the Dean of Gild and his assessors and made ane act to that effect which was duely recorded in the Dean of Gilds books Notwithstanding wherof the said John Morise being resolved to cary the electione of the officers of the said burgh at Michellmass last, By paine partiality and Mastership, He and others his Accomplices upon the Wedensday preceeding the said Micheallmiss electione brought in and procured the said Mr Robert Hay whose burges-shipp was resinded as said is to be one of the thrie Gildriemen and Councill to be added according to the Sett of the burgh for electing of the New Magistrats on the Tewsday ensueing and Farder on the Fraday after the said Wedensday they procured the said Mr Robert Hay to be one of the thrie Leitts for Dean of Gild, and all this notwithstanding that the saids John Lundie and John Wilsone protested against this procedure as illegall and disorderly Likeas upon Tuesday the said day of electione was come the said Mr Robert Hay hade not above two or thrie votes and the vote running for ane James Fogo merchant in the said burgh He declined to accept, so that this election was not only Illegall, Bot by reasone of the forsaid Disorder the burgh wants a dean of Gild and in effect the forsaid disorder visibly affecting and influenceing the election of the whole magistrats hath also occasioned that the persone Chosen to be the Town thesaurer did Likewayes refuse to accept Bot the said John Morise instead of being Sensible of his disorder and missgovernment wherof he himself was the principall author became so masterfull and presumptuous that drawing in Androw Finisone Clerk to the Guildrie to partake with him, He caused the said Androw to produce to him the register of the Gildrie, and then the said John Morise at his own hand did most maliciously and arrogantly Lacerat and Tear out the leaff upon which the forsaid act of the Gildrie was wryten and recorded, And some Lines of that act haveing runn over to another Leave he Likewayes relate the same by rolling and scoreing which was a great vitiatione, And that the Lords of his Majesties privy Councill may yet better observe the influence and progress of these evill practises Because the said Robert Watsone Deacon did not vote to the electione of the said thrie Guildrie Councill as did William Thomsone the Deacon Conveener Bot that the said Robert Watson voted contrare to him, Therfore the said Deacon Conveener Called his Conveeners Court and therin fined the said Robert Watsone in twenty pounds Scots, And alse scored off the said Robert Watson from the said Tread and discharged the Hammermen from owning him as their deacon or Member of their incorporatione as for a breach of a pretend unlawfull act of the same Court, That all Deacons should vote as the Deacon Conveener votes, and non of them vote against him By all which it was evident that the present Condition of the said burgh doeth call for the Correctione and regulation of the saids Lords of his Majesties privy Councill And that not only the electione of the whole magistrats for this year was quarallable As Likwayes the offices of Dean of Gild and Thesaurer Vaccant within the said burgh, Bot also that the saids John Morise Androw Fenisone and William Thomsone are guilty airt and part of the disorders and Crymes above lybelled and for veriefieing therof, Ought and Should produce and exhibit the forsaid dean of Gilds book in presence of the Lords of privy Councill, And that the saids Lords Should not only Declair the forsaid whole electione void, And Ordaine a new electione of offices for the said burgh to be Legally and orderly made for this present year Jaj vic Nyntie Nyne Bot also that they should Decerne and Ordaine the saids John Morise Androw Fenisone and William Thomsone to be punished in their persones and goods and declared incapable to vote or to bear any office within the said burgh For such time as the saids Lords of his Majesties privy Councill Shall think fitt And to pay the haill expensses of plea, To the example and terror of others to Committ the Like in any time comeing And Anent the Charge given to the Lords haill fornamed persones defenders To have Compeared before the saids Lords of his Majesties privy Councill personally at ane Certaine day now by gone To have answered to the points of the said Complaint Bringing with them the forsaid Dean of Gilds books and to hear and See Such order and Course to be taken theranent as they should find Just As in the principall Lybell or Letters of Complaint raised in the said matter at mair Length is Contained Which lybell being upon the day and date hereof called in presence of the Lords of his majesties privy Councill And the haill pursuers Compearing personally (Except the said Thomas Nairne and John Watsone) with Sir Alexander Home and Mr David Dalrymple their advocats and the haill defenders Compearing all personally with Mr David Cuninghame and Mr Robert Cook their advocats The lybell and answers made therto be the defenders viz the said John Morise Androw Finnisone Clerk and William Thomsone Deacon Conveener wherof the tenor followes Viz at the ordinar time of election of the magistrats of St Androwes, The Magistrats and Councill elected the Earle of Crafurd Provest Mr Alexander Nairne, George Rymer Alexander Forier and John Moris baillies and the other officers of burgh to the universall satisfactione of the nighbourhead, John Lundie of Baldestard ane honourarie burges and inhabitant within burgh by occasione of being farmorer of the Bishop of St Androues rents being advanced to be Dean of Gild And haveing used many indeavors insinuationes and even made promises to Some of the Nighbours to be elected provest, and oftner then once or twise disappointed by the Electione forsaid wherin John Moriss present Baillie constantly wncurred and refused all the insinuationes made to him by the said John Lundie of Baldester his freinds, John Lundie being thus disappointed of being provest Mr Thomas Nairne and James Smith of the Severall offices projected for them to be avenged of the said John Moriss not presumeing to attack the Earle of Crafurd provest, And the other Baillies raises a lybell before the Saids Lords with Concourse of his majesties advocat Lybelling that the electione of magistrats by partiallity and mastership and the tearing of Authentick registers are Crymes of ane high nature, and that notwithstanding therof and albeit Mr Thomas Nairne one of the pursuers whill dean of Gild with advyss of his assassors hade Reschinded the burges-shop Conferred upon Mr Robert Hay of Drumcare by John Mories baillie, yet the said John Moris with Androw Finisone Clerk in order to carie the present electione Teared out of the Register the forsaid act Reschinding the said Mr Robert Hay his being burges and put him upon the Lites of Dean of Gild, and that Robert Watsone Deacon of the Hammermen not haveing voted conforme to ane act of the meeting of the trades William Thomsone Deacond Conveener fined him, and ordained the trades to disown him as a member, And therfore Concludes that defenders are guiltie of a Ryot and that the Town wanting proper officers could only be assisted by the saids Lords And that the electione Ought to be void and the defenders condemned in the pursuers expenses To Which Its answered that the Burgh of St Androwes as all the other burghs of the Kingdome are very Sensible of the honor and advantage they have from their honorarie burgesses admitted by the magistrats when Conveened and togither or by ane Simple Magistrat, alone, and by their being officers within burgh, and by their representing severall burrowes in parliament and all those honorarie burgesses hath given tender respect to the burghs wherof they were burgesses and were satisfied with the offices they were Imployed in without aspireing to any other Only John Lundie of Baldester being disappointed as said is, and not knowing the Constitutione of the burgh or of the Guildrie Which is Guilda Mercatorum Constitute of the Deen of Gild and his breetheren wherof the Magistrats are necessarie members since quibus non, Which Gilda Merceatorum Is a Court for decideing of all differences betwixt merchant and Merchant or merchant and Mariner as appears by the 180 act of the 13th parliament King James the Sixth intitulled Confirmatione of the Dean of Gilds Jurisdiction, So that the Dean of Gild has no power nor authority to make Statutes for regulating the burgh for admitting of burgesses or reschinding their admissions, That being the province of the magistrats and Councill exerced by the magistrats Joyntly and even severally at occasiones when the Other Magistrats are absent or Cannot attend the Stranger to whom the freedome of the burgh is conferred as is knowen to the saids Lords, and is the dayly practise of all the burghs of the kingdome and if the Gentlmen are admitted burgesses by the magistrats he is able to affront them, and so no Gentlman will ever become freeman of ane burgh Bot this is So gross, and no wher practised, That it needs not be insisted on, The City of Edinburgh the principall burgh of the natione, and so whose freedome is most valuable and yet is Conferred in maner forsaid, and never Controlled nor pretended to by any of the Dean of Gilds nor ever would by any other who understood the intrest of Burrowes, The act of Dean of Gild Nairne if any Such was Reschinding the admission of Mr Robert Hay of Drumcaro to be burges of St Androwes was ane insolent usurpation upon the Magistrats and punishable conforme to the Law of the burgh As appears by the Eightie Eventh act of the Sixt parliament King James the fourth, And by the Statuts and Customes of all burghs any persones acting out of his sphear his acts are null and highly punishable and so this Deen of Gild having usurped upon the magistrats power and reschinded their acts He and his bretheren being only Judges betwixt merchant and merchant Or merchant and mariner The said act was null and the magistrat without farder regaird therto might Lawfullie tear the same, And though John Mores denyes doeing therof all one, yet what ever was done therin He Concurred with the magistrats and Councill Who have Ratified the tearing and Reschinded that act, The Act being thuse reschinded by the magistrats and toune Councill, And the Conclusion of the Lybell being that their electione should be Declared Null the persuers appear also Ignorant of the formes of process as of the power of the Dean of Gild for seing the tearing of the act of the Guildrie admitting Mr Robert Hay as burges Is Ratified and approven by the magistrats and toune Councill and that their election is Craved to be declared voyd and Null as the lybell does not inferr the COnclusione so the same cannot be insisted in untill they be called And Seing the Lybell is so Calumnious and ill founded upon ane Insolent usurpation against the Magistrats The saids Lords would never grant such warrand, Wheras It was Lybelled That William Thomsone fyned and Decerned Robert Watsone for not voteing at the rest of the trades, The lybell is denyed for he was fyned for his other enormities And does not Concurr in the proces, And how ever the ordinar Course of Justice by Suspensioner or reductiones was only proper without troubling the saids Lords, By all which it wes clear That the Dean of Gild Insolently usurped against the Magistrats in Reschinding the admission of Mr Robert Hay of Drumcaro to be burges and that Therfore the magistrats did Lawfullie Tear that act and Ratifie and approve the tearing, And wherof the Compleaners appear Conscious by not citeing of them, and so the lybell cannot be insisted in either for annulling of what they have done or of their Electione, And Therfore the pursuers as usurpers against the Magistrats and disturbers of the queit ought to be Decerned in large expensses as the answers bears Being Read, And the defenders Advocats haveing Craved a protestatione for not insisting at the said defenders instance against the said Thomas Nairn and Robert Watsone In Respect of their absence and not Compearance The Councill Have Admitted and hereby Admitts protestatione in the termes forsaid for not insisting in the termes forsaid, and Have assoylzied and hereby Assoylzies the saids Thrie defenders from the points and articles of the said Summonds In so farr as concernes the said Thomas Nairne and Robert Watsone and Declares them quyte therof and free therfrae in all time comeing, Untill they be of new cited againe at their instances for that effect And have Modified and hereby Modifies the Soume of Ten pounds Scots of Protestatione money to be payed by each of the saids two pursuers not Compearing as said is, To the saids defenders And Ordaines Letters of horning and other necessaries to be direct hereon under the Signet of privy Councill for payment of the same informe as effeirs, And therafter both parties being fully heard with their Lawiers And the saids Lords haveing Considered the Lybell, They Have Refused and hereby Refusses to Sustaine the Lybell as relevant Therafter a petition being given in by the pursuers and read in presence of the Lords of his majesties privy Councill upon the Nyntein of December instant Shewing That wher the petitioners haveing raised a lybell before the saids Lords against John Mores baillies in St Androwes, Androw Phinisone Clerk ther, and William Thomson Deacon Conveener ther upon grounds of Law and matter of fact that appeared most relevant It pleased the saids Lords upon answers and defences given in be the defenders (which yet upon Tryall it wes hoped Should be found groundless, To lay asyde the forsaid Lybell as not relevant, as to which the petitainer humbly Represents That his majesties advocat for his highnes intrest was not heard, and that the matters in difference doe really concerne the weell and queit of the burgh, It was hoped the saids Lords would grant a new hearing for the reasones following First because the Crymes Lybelled viz the useing of mastership and partiallity of the electing of officers within burgh and the tearing Cutting and Lacerating of Authentick Registers and the fyneing and punishing of persones for voteing freely according to their Oath and duty are Certainly Crymes of a high nature that cannot be contested, and if Transgressions of this kynd should pass unpunished no doubt they will proceed to all maner of disorder and Confusion, Secundly Because the Lybell did no Less clearly Subsume, That Baillie Mores was guilty of partiality and masterfull ship in electing of the Towns officers In swar farr as he with Some others his partakers did make burgesses and Gild bretheren in a privat maner without Consent of the Dean of Gild which is no dowbt unwarrantable, For the defenders alledged that the Dean of Gilds Consent was not necessary yet the contrair is Certaine in all the burghs of Scotland, and to make a gild brother without the Dean of Gilds Consent was evidently absurd, Its true in Some cases the Dean of Gilds Consent is Supposed wher he doeth not Contradict, Bot in this case the Dean of Gild both dissented and contradicted For Tertio So Soon as the Dean of Gild heard of what Baillie Mores hade unwarantablie done at his own hand, he called a Court and disaproved the deed, and farder for a Check in time comeing made ane express act, That no Gild brother should be made for hereafter without the Dean of Gilds consent which was a most Lawfull act, Importing no more then the Ratification of the Dean of Gilds power and priviledge and former acts to that effect Bot Quarto Baillie Mores proceeding in his partiallity and mastership regairds not the dean of Gilds dissent nor act of the Gildrie, Bot first brings the men whom he hade unlawfullie made a gild brother to be one of the thrie Gild brethrein upon the Councill, and then makes him one of the thrie Leits to be dean of Gild and least the forsaid act of the Guildrie Should rise in Judgment against him, He prevaills with Finnisone Clerk to the Dean of Gild Court To bring him the books and records of the Courts, and then at his oun hand tears and Cutts out and oblitterats the act which if nto ane act of great mastership is easie to Judge Its true the defenders answered, That the Dean of Gild hade no power to make such ane act, and that2 what the Baillie did was afterward approven by the Councill, Bot first for the Dean of Gilds power It was humbly hoped the saids Lords would Consider it since hitherto it hath not been questioned in any of the Royall bughs Bot Secundo esto the Dean of Gild hade gone beyond his power, was it therfore Lawfull for Baillie Mores to Tear Cutt and vitiat publict records at his own hand, and can any allowance by him impetrat from persones That by such methodes he hade unwarrantable promoted Be Sufficient to exculpat Certainely the Saids Lords would best Judge one these things, and doubtles will be carefull to prevent such manifast disorders Quinto The petitioners humbly Crave That the Complaint might be reconsidered Because that Thomsone the Deacon Conveener fyned Deacond Watsone and threw him out of his Deaconrie for differing from him in his vote Ane extraordinary pretence That the freedome and Justice of no Court could ever allow To this the defenders were pleased to answer by Denying the fact and affirming that Watsone doeth not concurr in the proces Bot the fact shall be proven and Watsone doeth Concurr, and tho he doeth not any of the burgesses with concourse of his majesties advocat may warrantably Complaine of Such a mastership The defenders alledge in their answers that John Lundin one of the petitioners pretended himself to be protest, and that to the exclusione of the Earle of Crafurd now Chosen provest Bots its hoped the saids Lords would easily perceive that these are only invideous alledgances It being Certaine and knowen, That John Lundin and the other petitioners have all honor for the Earle of Crafurd and have no motive in this affair save to preserve the good order and government of the burgh which is to visibly in hazard by the forsaid partiall and masterfull proceedings If the saids Lords Did find a remeedie And Therfore Humbly Craveing the saids Lords that the Lybell might be reconsidered and being found Relevant may be admitted to probatione or that at least as the saids Lords uses That it may be admitted to probation before answer to the effect the saids Lords may determine more clearly upon the whole matter as the petition bears The saids Lords of his majesties privy Councill Haveing Considered the said petitione They have Refused and hereby Refuses the desyre of the same And Adheres to their former interloquitor and ordained the decreet to be extracted in maner forsaid.
1. NRS, PC2/27, 278r-285v.
2. The word ‘without’ scored out here.
1. NRS, PC2/27, 278r-285v.
2. The word ‘without’ scored out here.
D1699/12/1
D1699/12/12
Sederunt
Lord Chancelor; Earl of Melvill P:C:; Earl of Crafurd; Earl of Marr; Earl of Cassills; Earl of Lothian; Earl of Lowdon; Earl of Leven; Earl of Annandale; Viscount Tarbet; Lord Forbes; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberurchill; Lord Philiphaugh; Lord Halcraig; Lord Rankeillor; Lord Phesdoe; Mr Fra: Montgomry; Laird of Stivensone
1. NRS, PC2/27, 278v.
2. NRS, PC2/27, 278r.
1. NRS, PC2/27, 278v.
2. NRS, PC2/27, 278r.
D1698/12/18
D1698/12/181
Decreet
Anent the principall and additionall Lybells or Letters of Complaint raised before the Lords of his Majesties privy Councill at the instance of George Leith of Overhall with Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the Matter underwrittin The principall Lybell Making Mention That wherby the Lawes of this and all other weell governed Nations and Comon wealths the suffering of prisoners to escape out of publict prisones Especially wher they are Imprisoned for Crymes of ane high and attrocious 2 nature Is a Crime of a high nature and Severly punishable and particularly by the Lawes and acts of parliament of this kingdome generally and particularly aftermentioned viz by the Statute of King David the Second; Capute 1st Session Sixth It is Statute that the Master of the prison Should answer for the theiff or prisoner passant furth of the prison, Likeas by the second Statute of King Robert the first Capute; Nynteinth Session thrid It is Statute that the keeper of the prisone Shall answer for any debtor or prisoner Committed to the prisone or for the prisoners body As also by the twentie thrid act parliament fifteinth King James the Sixth It is Statute and Ordained That within the Space of thrie years in all burghs within this realme ther be sufficient and Sure Joalls and wardhouses bigged up holden and maintained by the provest baillies Councill and Communities of the said burghs upon their own Common good, or otherwayes upon the Charges of the burgh and that for Sure Imprisoneing warding keeping and detaineing of all such persones transgressors of his majesties Lawes upon their oun expences alse weell Criminall as Civill which Shall be presented to them and which act of parliament Containes the reason therof in the narrative Viz That for want of sufficient and sure prisons Joalls and ward houses Sundrie rebells and transgressors of the Lawes alse well Criminall as Civill Escapes unpunished and Justice Contemned Likeas by the Threttie Eight act parliament first King Charles Second It is expressly Statute and Ordained that all magistrats of Burghs keepers of any Jeolls or prisones shall receive into their prisones as shall either be brought by Constables or Sent into3 them by warrands under their hands of any one Justice of peace, And if any Magistrat or other Jaylor Suffer any persones Committed by the Justices to their prisones to escape they shall be Condignely punished therfore at the discreatione of the privy Councill Notwithstanding therof Alexander Walker provest of Aberdeen, Thomas Mitchell John Allardyve Alexander Orem, and Alexander Forbes baillies of the said burgh and James Milne dean of Gild therof Haveing 4 Having […] shaken off all fear of God and regaird to his Majesties Lawes have manifestly and wilfully Contemned the forsaid Lawes and neglected to put the same to due executione Conforme to their dutie in their Severall Stations requyred In so farr as the said pursuer haveing after great travell and expensses by vertue of ane warrand from master Archibald Forbes of Lucklyhead one of the Commissioners of Justiciary Seased and apprehended the person of James Gordon brother german to George Gordon of Arradowell in order to prosecute him by Law not only for the Murder of the said pursuers father, Bot Likewayes for5 severall other horrid Murders many villainous thifts Ravishing of women, Blasphemie and Atheisme and therafter brought him to the toune of Aberdeen and after application made to the said Magistrats did incarcerat him within the prisone of the said toune, and ther not only took instruments upon his said incarceration Bot Likwayes protested that the said Magistrats should keep the said prisoner in Sure firmance That he might not escape the vengance due to him for his said abominable Crymes as the said instrument more fully bears As also the said pursuer being informed that the said prisoner would endeavour by all means to make his escape and that Notwithstanding of the forsaid instruments he was not keept in sure firmance nor sequestrat by himself Bot allowed to goe up and downe the Tolbooth as he pleased, and all persones even these who was his Complices in his Crymes allowed to have Access to him, wherby ther arose a Just Jealousie of endeavors to make his escape And Therfore Mr Alexander Lesslie procurator fiscall of the place for his Majesties intrest And Androw Logie of Loanhead as procurator for the said pursuer Did adress themselves to the saids Magistrats at least to ane or other of them And represented the forsaid Jealousie and information which they had, Wherupon the said Magistrats at least Baillie Thomas Mitchell one of their number desired and advised the said Master Alexander Lesslie and Androw Logie to give in ane Supplicatione to the said provest and Baillies Craveing the said prisoner to be Sequestrat and no persone allowed to have access to him except the Jaylor and to protest against them for neglect of duty in case the same were refused and for all Coast Skaith and damnadge the said pursuer might incurr therthrow, and accordingly upon the […] day of […] Ther was ane Supplicatione presented in the termes forsaid Containeing the forsaid protestatione in the name of the said pursuer and procurator Fiscall which was read in presence of the saids Magistrats, and they themselves acknowledged that therupon they had Issued out ane act and order of the said toune Councill appointing each Baillie who keeped the keyes of the prison for the time and had inspection therof to take speciall care that the said prisoner Should be Sequestrat in ane roume by him self and that no persone should have access to him except the Jaylors allenarly, and which act for a space and while the said pursuer was upon the place and in the Shyre was exactly keeped and observed and not only were the magistrats so requyred and instrumented Bot Likewayes his majesties advocat upon information of the heghneous Crymes wherof the prisoner was guilty sent ane express order and warrand to the said Magistrats all wryten and subscrybed with his Lordships oun hand narateing that ther being hazard of the Said prisoners escape Therfore he requyred them to keep him in sure firmance that he escape not till ane secure Course and new orders be taken anent him, as the said warrand dated the twentie second day of July Jaj vic Nyntie Eight years more fully bears, and which the said magistrats have in their own hands, Wherupon the said Androw Logie procurator for the said pursuers went upon the twenty fifth of the said moneth of July to the personall presence of the said magistrats, and ther produced and exhibited the forsaid warrand and intimat the same to them, and therupon took instruments and protested that incase they either neglected their duties or Contemned the forsaid warrand and the saids repeated instruments they should be answerable for all Coast skaith damnadges and expensses the said pursuer might hapen to sustaine or in curr therby, as the said instrument more fully bears yet when the said pursuer was necessitate to come South to Edinburgh in order to obtaine from the Lords of privy Councill ane Commission and warrand to try the said James Gordon upon the forsaid horid Crymes at Aberdeen, and whose petition could not be read by reason of sitting of the high Court of parliament, and that therfore his majesties privy Councill could not meet, and was so carefull and provident that the said prisoner should not escape, and Likewayes to ease the saids Magistrats of ane part of the burdein that upon his own proper charges and expensses, He caused keep ane guard about the said prisoner from Ten of the Cloak every night till Sunriseing the nixt day, yet so supinely negligent were the said Magistrats in their dutie, and likeways so farr Contemnors and desprisers of his Majesties advocats order and of the repeated instruments taken against them, That the said James Gordon prisoner went throw the prison as he pleased without Confinement or Sequestratione to a parliament roome and persones even unknowen had access to him without any Lett or Impediment and although they or ane or other of them were advertised Some few hours before his escape, That some of his freinds or accomplices were in toune and would be some means or other endeavours to furder his Escape, That therfore he should be strictly and exactly Locked toe wherof no care was taken, and to which no regaird was hade Bot as by the event doeth plainly appear, The Magistrats did by ther said neglect and Contempt not only furder incouradge his Escape Bot Likewayes were Conscious to the designe of his goeing out of the prisone, In so farr as that the Same day Viz the Nynteinth day of August then6 instant about seven a Cloak at night or therby in fair day sight the prisoner did descend the stair of the said prisone (one of his accomplics and servants haveing hade access to him and being with him at the time) and did come out by the door of the said prisone without any disguises bot being in that habite which he ordinarly hade in prisone, and then descended towards the Cross of the toune wher thrie or four of his accomplices or freinds did receive him, and put armes in his hands and therafter he did to the open vein both of strangers and inhabitants deliberatly march out of the Toune and took his horss at the bark gate of the Collodge which is a Conisderable distance from the said prison and that without any Stopt or noise howie or Cry, and therafter without makeing any hast or being afraid of the said Magistrats their aryseing the howie and Cry after them or sending out any persones in Order to take him, which is a manifast evidence not only of their negligence and Collusione Bot even Concurrance and previous knowledge of his escape)7 He did goe into Comon Taverne at Green Burne within thrie milles of the said toune and upon the high Cairt road to his oun house, and ther did drink with his accomplices for a Conisderable space and then again took his horss and went seven mylls farder to the toune of Inverurie wher he did again drink and refresh his horss with Cornes and therafter went diretly to his oun Countrey and dwalling all wayes keeping the Comon Cairt Road knowing that his good freinds the saids magistrats would not be heastie to emitt any party after him till he hade a Competent time allowed him to make his escape and he be out of their reach As in effect it would hapen for the honest Magistrats were no more Concerned with his said escape then as if ther had been no such thing and did not till nixt morning dream of Sending any partie out to Look after the said prisoner, and at least were pleased to send out fyve or six horsmen as valid as they would Choise, and some of them without any kynd of armes to rescue and take back the prisoner from ten or twelve horssmen who accompanied him, and when they knew it was Impossible for them ot overtake them, By all which it is Clear and evident, That the saids Magistrats above Complained upon are highly guilty as betrayers of the publict trust and Confidence reposed in them, as magistrats by their Supine Negligence and as dispisers and Contemners not only of his majesties advocat order, Bot Likewayes of the forsaids acts of parliament and of the act of Toune Councill emitted by themselves and also are Connivers in and Concurrers with the said prisoner his makeing his escape as said is, And therfore Ought not only to be punished in their persons and goods and Lyable to the said pursuer for all Coast Skaith and damnadge expensses and intrest which he has allready Sustained in and throw the said Contempt and neglect Bot Likwayes Deprived of their offices as Magistrats of the said burgh of Aberdeen and Declared incapable of bearing office as Magistrats, and of all other publict trust within the toune of Aberdeen in time comeing, And furder Ought and Should be decerned Conjunctlly and Severally by the saids Lords decreet to make payment to the said pursuer of the Soume of […] as expences Sustained and depursed by him in the premisses and Likewayes to find sufficient Cautione acted in the saids Lords books to free and releive not only the said pursuer bot also all other his majesties Leidges of all depredations thifts and of all other Coast Skaith and damnadge which the said pursuer or any others of his Majesties Leidges may incurr from and Sustaine at the hands of the said James Gordon either by himself as actor outhounder or Ratihabiter or any other maner of way Seing if any Such thing happen the Samen is occassioned by the saids Magistrats for Contempt and neglect as is above Lybelled And Anent the Charge given to the saids defenders To have Compeared personally before the saids Lords of his Majesties privy Councill at ane Certaine day now bygone To Answer to the points of the said Complaint and to haveh eard and seen such order and Course taken theranent as the saids Lords Should think fitt as the said principall Lybell and executiones therof at more Length Containes, And the Additionall Lybell Makeing Mention That wher The said pursuer haveing raised a former Lybell against Thomas Mitchell present provest of Aberdeen Alexander Walker Late provest ther, John Allardyce Alexander Forbes and Alexander Brein baillies of Aberdein and James Milne late Dean of Gild of the said burgh for the most unexcusable Connivance and Concurrance of the escap of James Gordon brother to George Gordon of Arradowell wherin they did not only behave themselves in maner mentioned in the principall lybell Bot in open mockerie of their dutie, They send out in a Shame Zeall the day after the escape fyve or six men some of them wnarmed whom they had instructed to avoid meetting with the said fugative And accordingly the said small and insignificant party were Carefull to informe themselves wher he might be Least, they should rancounter him, And did send before to severall planes untill they hade received that assurrance, Likeas the Sending out of the said pairty was ane evident Mockerie Because Gordon haveing gone away with ten or twelve armed men It was Improbable that he could be retaken with give or sex men wherof some unarmed Wherby it is yet more evident that the defenders are guilty of the crymes and ought to be decerned and punished in maner Contained in the principall Lybell And Anent the Charge given to the saids Magistrats of Aberdeen To Have Compeared personally before the Saids Lords at ane Certaine day also now bygone To have answered to the forsaid Complaint And to have heard and Seen such order and Course taken theranent as appeartaines As in the said additionall Lybell and executiones therof at more Lenth is Contained The saids principall and additionall Lybell or Letters of Complaint being upon the Twentie fourth day of November Last by past Called in presence of the Lords of his majesties privy Councill And the pursuer Compearing personally with Sir David Thores Mr David Dalrymple Mr David and Mr Robert Forbess and Mr Frances Grant advocat his procurators and Thomas Mitchell Baillie in Aberdeen (now provest therof) one of the defenders Compearing for himself, and the haill other defenders With Sir Patrick Home Sir Androw Home James Stewart and William Black advocats for the haill defenders, and the haill other defenders being all Lawfullie cited oft times Called and not Compearing The said principall and additionall Lybells or Letters of Complaint with the answers therto being read and both parties Lawiers fully heard The Lords of his Majesties privy Councill admitted the lybell to probatione and the witnesses being Called Some of them Compeared who made faith, and the Councill allowed furder dilligence by Caption against the rest of the witnesses who were Cited and not Compearing; And Nominated and appointed a Committie of their oun number to examine the witnesses who have made faith and the rest of the witnesses where they should make faith, Reserveing all objections Which might be made against the witnesses to be proponed and discust before the Committie Which Committie haveing accordingly mett They took and received the Oathes and depositions of diverse and Sundrie famous witnesses who being all Solemnly Sworne Interrogate and Examined upon their great Oathes Deponed and declared as their oathes and depositions extant in proces bears The Lords of his Majesties privy Councill haveing this day advised both additionall and principall Lybells forsaids and haveing Considered the depositione of the Witnesses taken in both processes and haveing heard both parties informationes read in their presence, They Find the principall and additionall Lybells not proven, And Therfore have Assoylzied and hereby assoylzies the saids defender from the haill points and articles of the Same, And Declares them quytt therof and free therfrae in all time comeing.
1. NRS, PC2/27, 168r-173v.
2. An illegible word scored out here.
3. The word ‘prisone’ scored out here.
4. A blank page (f.169r) occurs at this point in the entry. It has been scored out and a note made: ‘Turned the Leaf over by mistake’.
5. The word ‘the’ scored out here.
6. Insertion.
7. Opening bracket missing.
1. NRS, PC2/27, 168r-173v.
2. An illegible word scored out here.
3. The word ‘prisone’ scored out here.
4. A blank page (f.169r) occurs at this point in the entry. It has been scored out and a note made: ‘Turned the Leaf over by mistake’.
5. The word ‘the’ scored out here.
6. Insertion.
7. Opening bracket missing.
D1698/12/17
D1698/12/172
Sederunt
Lord Chancelor; Duke of Queensbery P:S:; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Mortone; Earl of Lothian; Earl of Lowdone; Earl of Leven; Earl of Anandale; Lord Strathnaver; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Halcraig; Lord Crossrig; Lord Rankeillor; Lord Phesdoe; Mr Fra: Montgomrie; Laird of Pollock; Lord Provest of Edinburgh
1. NRS, PC2/27, 168r.
2. NRS, PC2/27, 168r.
1. NRS, PC2/27, 168r.
2. NRS, PC2/27, 168r.
D1698/12/16
D1698/12/161
Warrant
The Lords of his Majesties privy Councill Do hereby give order and warrand to […] or any other persone who shall be appointed by the Tacksmen of the estate of Clackmanen or by Alexander Inglis factor appointed by the Lords of Session for uplifting the rents of the said estate to buy meall at once or weekly at the marcats alse much victuall as will serve the whole Colziers and workmen working at the Coall of Clackmanan for their proper use from time to time The said […] or any other person who shall be appointed before extracting hereof giveing bond and giveing Sufficient Cautione acted in the books of privy Councill that the victuall bought for the use of the saids Colziers and workmen shall be Imployed for their use allenarly and that the same shall be given out and sold to the saids Colziers and workmen at the pryce it was bought for in the Marcat, and no higher under the penalty of Fyve Hundred merks in case of transgression or not performance of any part of the premises and Declares the buyers and Sellers of the said victuall shall not incurr the Certificatione contained in the act, or proclamation anent victuall and inhibits And inhibits2 and discharges the Shirriffs Justices of peace and all others concerned to trouble or Imped the buyers or sellers in the Sale delyverie or transporting of the said victuall in the termes forsaids.
1. NRS, PC2/27, 167v-168r.
2. Sic.
1. NRS, PC2/27, 167v-168r.
2. Sic.
D1698/12/15
D1698/12/152
Sederunt
Lord Chancelor; Duke of Queensbery P:S:; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Mortone; Earl of Lauderdale; Earl of Lothian; Earl of Lowdone; Earl of Leven; Earl of Anandale; Earl of Northesk; Lord Strathnaver; Lord Polwarth; Lord Carmichell; Lord Advocat; Lord Justice Clerk; Lord Halcraig; Lord Crossrig; Lord Rankeillor; Lord Phesdoe; Mr Fr: Montgomry; Laird of Pollock; Lord Provest of Edinburgh
1. NRS, PC2/27, 167v.
2. NRS, PC2/27, 167v.
1. NRS, PC2/27, 167v.
2. NRS, PC2/27, 167v.
D1698/12/14
D1698/12/141
Warrant
The Lords of his Majesties privy Councill Doe hereby Give order and warrand to […] To the Earle of Annandale Or any other haveing order from him to buy weekly at the marcats as much victuall as will serve his Lordships workmen and servants at his house for their proper use from week to week and time to time the said […] or any other he Shall appoint first before extracting hereof Finding Sufficient Caution acted in the books of privy Councill under the penalty of […] That the victuall bought for the use of the said work men Shall be Imployed for their use allenerly, And that the same shall be given out and sold to the said workmen at the pryce it was bought for in the marcat and no higher and Declares the buers and Sellers shall not incurr the Certification Contained in the said act or proclamation and inhibits and discharges the Shirriffs Justices of peace, and all others concerned to trouble the buyers or sellers in the sale delivery and transporting of the said victuall in the termes forsaids.
1. NRS, PC2/27, 167r.
1. NRS, PC2/27, 167r.
D1698/12/13
D1698/12/131
Warrant
The Lords of his Majesties privy Councill Do hereby Give order and warrant to […] To his Grace the Duke of Queensbery or any other haveing Order from him to buy weekly at the Marcats as much victuall as will serve his Graces whole Servants and workmen at his Graces Leadhills and workmen builders at his Graces house for their proper use from week to week and time to time, The said […] or any other he shall appoint before extracting hereof first finding sufficient Cautione acted in the books of privy Councill under the penalty of […] That the victuall bought for the use of the saids servants and workmen shall be Imployed for their use allenarly. and that the same shall be given out and sold to the said servants and workmen at the pryce it was bought for in the Marcat and no higher, and Declares the buyers and sellers Shall not incurr the Certificatione Contained in the said act or proclamation, And inhibits and Discharges the Shirriffs Justices of peace and all other concerned to trouble the buyers or sellers in the sale delyverie and transporting of the said victuall in the termes forsaids.
1. NRS, PC2/27, 166v-167r.
1. NRS, PC2/27, 166v-167r.