Tag Archives: decreta

Warrant, 12 November 1702, Edinburgh

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Edinburgh the 12th November 1702

D1702/11/51

Warrant

Warrand for apprehending Sir David Cunynghame

The Lords off her Majesties Privie Councill Haveing Considered the Representation viva voce made to them by Her Majesties Advocat Annent Sir David Cunynghame off Robertland his violent possession off the house off Robertland and heard the Declaration off the tennents annent the Roberries and spulzies Committed by him and his accomplices upon them Read in ther presence The saids Lords Doe heirby Recommend To Major Generall George Ramsay Commander in Cheiff off her Majesties Forces within this Kingdom To send such a Compitent number off souldiers as he shall think Fit To concurr with and assist the Shirriff off the place or Baillie off Cunynghame when they shall require the same To search For, seaze, apprehend and dislodge the persones off the saids Sir David Cunynghame and his accomplices within the house off Robertland To be by them committed prisoners To the Tolbuith off Glasgow, or Air, in order to ther triall For there violent oppressing the said house and Ryots Forsaid therin to remain untill they be delyvered by due Course off Law.

Edinburgh the 12th November 1702

D1702/11/51

Warrant

Warrand for apprehending Sir David Cunynghame

The Lords off her Majesties Privie Councill Haveing Considered the Representation viva voce made to them by Her Majesties Advocat Annent Sir David Cunynghame off Robertland his violent possession off the house off Robertland and heard the Declaration off the tennents annent the Roberries and spulzies Committed by him and his accomplices upon them Read in ther presence The saids Lords Doe heirby Recommend To Major Generall George Ramsay Commander in Cheiff off her Majesties Forces within this Kingdom To send such a Compitent number off souldiers as he shall think Fit To concurr with and assist the Shirriff off the place or Baillie off Cunynghame when they shall require the same To search For, seaze, apprehend and dislodge the persones off the saids Sir David Cunynghame and his accomplices within the house off Robertland To be by them committed prisoners To the Tolbuith off Glasgow, or Air, in order to ther triall For there violent oppressing the said house and Ryots Forsaid therin to remain untill they be delyvered by due Course off Law.

1. NRS, PC2/28, 212r-212v.

1. NRS, PC2/28, 212r-212v.

Sederunt, 12 November 1702, Edinburgh

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Edinburgh the 12th November 17021

D1702/11/42

Sederunt

Earl of Melvill P:C:; Earl of Marr; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Northesk; Earl of Forfar; Lord Montgomrie; Lord Ross; Lord Advocat; Lord Aberuchill; Lord Halcraig; Lord Crossrigg; Lord Rankeillour; Mr Fra: Montgomrie; Lord Provost of Edinburgh; Major Generall Ramsay

Edinburgh the 12th November 17021

D1702/11/42

Sederunt

Earl of Melvill P:C:; Earl of Marr; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Northesk; Earl of Forfar; Lord Montgomrie; Lord Ross; Lord Advocat; Lord Aberuchill; Lord Halcraig; Lord Crossrigg; Lord Rankeillour; Mr Fra: Montgomrie; Lord Provost of Edinburgh; Major Generall Ramsay

1. NRS, PC2/28, 212r.

2. NRS, PC2/28, 212r.

1. NRS, PC2/28, 212r.

2. NRS, PC2/28, 212r.

Act, 10 November 1702, Edinburgh

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Edinburgh the 10th November 1702

D1702/11/31

Act

Act Infavours of William and John Irvings

Annent The Petition given in and presented to the Lords of Her Majesties Privie Councill By William Irving off Kirkcannell and John Irving off Orchyeard Shewing That wher By the Laws and Acts of Parliament of this Kingdome all Souldiers are to be quartered in Burghs royall Regalities or the most capable mercat Touns wher ther quartering shall be ordered yet trew it is and off verity That ther are nyne Dragouns belonging to Sir John Johnstoun off Wester Hall his Troup laid on upon a little Clachantoun called Ecclefecken which is one off the meanest places almost almost2 that is in the Steuartrie off Anandale And albeit it be a mercat Toun and hes a Fair or Two in the year Ther is non has the benefite therof Except his grace the Duik of Queensberrie his tennents The petitioners horses being excluded therefra Notwithstanding wherof and that the Petitioners hes little over a thrid off the said Toun And that all the rest belongs to his grace and others such is the unjustness off the cast made By Baillie Cairn thers brother to the Laird of Butterwhatt and Lawrence Knox messenger in Lakerbie That the Petitioners tennents hes sex off the nyne soe that they are most havylie and sadly opprest And seeing the said Toun of Ecclefechan is not Fit For quartering off souldiers ther being many within the said steuartrie Far more Capable such as Anan Lochmaben, Lockerbie, Mossie and others And that as to the Forsaid Toun wer lyable to be quartered upon as it is not The cast as said is, Is most unjust neither have they nor ther tennents any dependance theron And Therfor beeseeching ther Lordships To take the premisses to ther serious Consideration And grant warrand For ther removall Especiallie considering the said toun was never in use to quarter they being a number off poor people that are the Inhabitants and attour the Petitioners tennents to be redrest annent the unjustness off the cast made by the Forrnamed persones or others The only great Change house in the Toun Viz George Bells Haveing not on quartered upon And the Petitioners poor Indigent tennents and Cotters that keeps noe change Except on William Bell bears most pairt all the burden though not concerned And therfor creaving to the effect afftermentioned as the said petition bears3 The Lords off Her Majesties Privie Councill Haveing Considered the above petition given into them By William Irving off Kirkonnell and John Irving off Archyeard And the samen Being read in ther presence They Doe heirby Recommend To Major Generall George Ramsay Commander in Cheiff off Her Majesties Forces within this Kingdome to see the Petitioners Redressed annent the Cast made by Baillie Caruthers Brother to the Laird of Butterwhat and Laurence Knox messenger in Locharbie annent quartering off Fragouns within Ecclefechen and Recomends to the said Major Generall to see the samen orderly and equallie don.

Edinburgh the 10th November 1702

D1702/11/31

Act

Act Infavours of William and John Irvings

Annent The Petition given in and presented to the Lords of Her Majesties Privie Councill By William Irving off Kirkcannell and John Irving off Orchyeard Shewing That wher By the Laws and Acts of Parliament of this Kingdome all Souldiers are to be quartered in Burghs royall Regalities or the most capable mercat Touns wher ther quartering shall be ordered yet trew it is and off verity That ther are nyne Dragouns belonging to Sir John Johnstoun off Wester Hall his Troup laid on upon a little Clachantoun called Ecclefecken which is one off the meanest places almost almost2 that is in the Steuartrie off Anandale And albeit it be a mercat Toun and hes a Fair or Two in the year Ther is non has the benefite therof Except his grace the Duik of Queensberrie his tennents The petitioners horses being excluded therefra Notwithstanding wherof and that the Petitioners hes little over a thrid off the said Toun And that all the rest belongs to his grace and others such is the unjustness off the cast made By Baillie Cairn thers brother to the Laird of Butterwhatt and Lawrence Knox messenger in Lakerbie That the Petitioners tennents hes sex off the nyne soe that they are most havylie and sadly opprest And seeing the said Toun of Ecclefechan is not Fit For quartering off souldiers ther being many within the said steuartrie Far more Capable such as Anan Lochmaben, Lockerbie, Mossie and others And that as to the Forsaid Toun wer lyable to be quartered upon as it is not The cast as said is, Is most unjust neither have they nor ther tennents any dependance theron And Therfor beeseeching ther Lordships To take the premisses to ther serious Consideration And grant warrand For ther removall Especiallie considering the said toun was never in use to quarter they being a number off poor people that are the Inhabitants and attour the Petitioners tennents to be redrest annent the unjustness off the cast made by the Forrnamed persones or others The only great Change house in the Toun Viz George Bells Haveing not on quartered upon And the Petitioners poor Indigent tennents and Cotters that keeps noe change Except on William Bell bears most pairt all the burden though not concerned And therfor creaving to the effect afftermentioned as the said petition bears3 The Lords off Her Majesties Privie Councill Haveing Considered the above petition given into them By William Irving off Kirkonnell and John Irving off Archyeard And the samen Being read in ther presence They Doe heirby Recommend To Major Generall George Ramsay Commander in Cheiff off Her Majesties Forces within this Kingdome to see the Petitioners Redressed annent the Cast made by Baillie Caruthers Brother to the Laird of Butterwhat and Laurence Knox messenger in Locharbie annent quartering off Fragouns within Ecclefechen and Recomends to the said Major Generall to see the samen orderly and equallie don.

1. NRS, PC2/28, 211v-212r.

2. Sic.

3. The words ‘And therfor creaving to the effect afftermentioned as the said petition bears’ are an insertion

1. NRS, PC2/28, 211v-212r.

2. Sic.

3. The words ‘And therfor creaving to the effect afftermentioned as the said petition bears’ are an insertion

Act, 10 November 1702, Edinburgh

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Edinburgh the 10th November 1702

D1702/11/21

Act

Act In favours of Robert Arbuthnet

Annent The Petition given in and presented to the Lords of Her Majesties Privie Councill By Robert Arbuthnot Factor in Rowan in France Shewing That wher the Petitioner set up about Four years agoe to be a Factor at Rowan in France And there married and served his Countrie as Factors are in use to doe But haveing in the prosecution off his affaires gone to Holland and thence come to London in May last, The warrs supperveened, Wherby the Petitioner is hindered to return to his wife and Family still at Rowan and to look after his owen affaires and the affaires of his Constituents, Except the petitioner had ther Lordships pass to warrand him As to the Certefication contained in the Proclamation of warr And Therfor creaving to the effect aftermentioned As the said Petition bears The Lords of Her Majesties Privie Councill Haveing considered the above Petition Given into them By Robert Arbuthnot Factor at Rowan And the samen being read in ther presence They doe heirby allow Grant licence and pass to the Petitioner To Return to Rowan and look affter his Famillie and dispose off his affaires therin And also to return From France to Brittan in saifty without being lyable to the Certefication Contained in the Proclamation off warr or quarrelled by any person whatsomever upon that account He behaveing himself civilly and dutifully as becomes.

Edinburgh the 10th November 1702

D1702/11/21

Act

Act In favours of Robert Arbuthnet

Annent The Petition given in and presented to the Lords of Her Majesties Privie Councill By Robert Arbuthnot Factor in Rowan in France Shewing That wher the Petitioner set up about Four years agoe to be a Factor at Rowan in France And there married and served his Countrie as Factors are in use to doe But haveing in the prosecution off his affaires gone to Holland and thence come to London in May last, The warrs supperveened, Wherby the Petitioner is hindered to return to his wife and Family still at Rowan and to look after his owen affaires and the affaires of his Constituents, Except the petitioner had ther Lordships pass to warrand him As to the Certefication contained in the Proclamation of warr And Therfor creaving to the effect aftermentioned As the said Petition bears The Lords of Her Majesties Privie Councill Haveing considered the above Petition Given into them By Robert Arbuthnot Factor at Rowan And the samen being read in ther presence They doe heirby allow Grant licence and pass to the Petitioner To Return to Rowan and look affter his Famillie and dispose off his affaires therin And also to return From France to Brittan in saifty without being lyable to the Certefication Contained in the Proclamation off warr or quarrelled by any person whatsomever upon that account He behaveing himself civilly and dutifully as becomes.

1. NRS, PC2/28, 211r-211v.

1. NRS, PC2/28, 211r-211v.

Sederunt, 10 November 1702, Edinburgh

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Edinburgh the 10th November 17021

D1702/11/12

Sederunt

Earl of Melvill P:C.; Earl of Marr; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Forfar; Lord Montgomrie; Lord Ross; Lord Advocat; Lord Abberuchill; Lord Halcraig; Lord Rankeillour; Mr Fra: Montgomrie; Lord Provost of Edinburgh; Major Generall Ramsay

Edinburgh the 10th November 17021

D1702/11/12

Sederunt

Earl of Melvill P:C.; Earl of Marr; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Forfar; Lord Montgomrie; Lord Ross; Lord Advocat; Lord Abberuchill; Lord Halcraig; Lord Rankeillour; Mr Fra: Montgomrie; Lord Provost of Edinburgh; Major Generall Ramsay

1. NRS, PC2/28, 211r.

2. NRS, PC2/28, 211r.

1. NRS, PC2/28, 211r.

2. NRS, PC2/28, 211r.

Procedure, 27 October 1702, Edinburgh

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Edinburgh the 27th October 1702 Called Extraordinar1

D1702/10/12

Procedure

[Note of no business]

The Councill meet and did noe privat bussiness that day

Edinburgh the 27th October 1702 Called Extraordinar1

D1702/10/12

Procedure

[Note of no business]

The Councill meet and did noe privat bussiness that day

1. NRS, PC2/28, 211r.

2. NRS, PC2/28, 211r.

1. NRS, PC2/28, 211r.

2. NRS, PC2/28, 211r.

Act, 25 September 1702, Edinburgh

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Edinburgh the 25th September 1702

D1702/9/51

Act

Act Infavours of Alexander Broun

Annent The Petition given in and presented to the Lords of Her Majesties privie Councill By Alexander Broun merchant in Edinburgh Shewing That the petitioner Haveing purchased the ruinous pairts of the East and off the lucking booths and haveing obtained Judge and warrant from the Dean of Gild Court and Lykewayes ane Act and ordinance from the Magistrats and Toun Councill of Edinburgh For Rebuilding of the saids reuinous Tenements in manner therin mentioned Ther was a petition presented to the saids Lords at the Instance of John Cunynghame, Patrick Home and Mungo Buchannan wrytters to the signet For stoping the said building And now the said Petitioner Haveing purchased there Intrest, and procured there consent, For carrying on the said building as the samen herewith produced will testifie And the petitioner haveing conduced and aggreed with work men and provyded all materialls necessar For perfytteing the said building befoir November nixt That to the street may be void and red and sitting doun off the session It is necessar That the stope formerly made by their Lordships be taken off And lykewayes that the Judge and warrant granted by the Dean of Gild and Act of the Toun Councill in The Petitioners favours therannent be Ratified That he be noe furder trouble at the Instance of any persone in carrying on and compleating the said building And therfor Creaving to the effect afftermentioned As the said petition Bears The Lords of her Majesties Privie Councill Haveing considered the above petition given into them by Alexander Broun merchant in Edinburgh They heirby take off and Dischairges any stop made or given by ther Lordships To the building off the East end of the Luckenbooths As Being the Petitioners property And allowes the petitioner To carry on his building there Conforme to the Dean of Gilds Jedge, warrand and act of the Toun Councill past in the petitioners favours theranent And Lykewayes Ratifies and approves the said Jedge warrant and act In favours of the said petitioner To the effect that non may stope trouble or impede him from perfyting the said building Conforme to the saids Jedge, warrant and act And the saids Lords there present Ratification part theron in all points.

Edinburgh the 25th September 1702

D1702/9/51

Act

Act Infavours of Alexander Broun

Annent The Petition given in and presented to the Lords of Her Majesties privie Councill By Alexander Broun merchant in Edinburgh Shewing That the petitioner Haveing purchased the ruinous pairts of the East and off the lucking booths and haveing obtained Judge and warrant from the Dean of Gild Court and Lykewayes ane Act and ordinance from the Magistrats and Toun Councill of Edinburgh For Rebuilding of the saids reuinous Tenements in manner therin mentioned Ther was a petition presented to the saids Lords at the Instance of John Cunynghame, Patrick Home and Mungo Buchannan wrytters to the signet For stoping the said building And now the said Petitioner Haveing purchased there Intrest, and procured there consent, For carrying on the said building as the samen herewith produced will testifie And the petitioner haveing conduced and aggreed with work men and provyded all materialls necessar For perfytteing the said building befoir November nixt That to the street may be void and red and sitting doun off the session It is necessar That the stope formerly made by their Lordships be taken off And lykewayes that the Judge and warrant granted by the Dean of Gild and Act of the Toun Councill in The Petitioners favours therannent be Ratified That he be noe furder trouble at the Instance of any persone in carrying on and compleating the said building And therfor Creaving to the effect afftermentioned As the said petition Bears The Lords of her Majesties Privie Councill Haveing considered the above petition given into them by Alexander Broun merchant in Edinburgh They heirby take off and Dischairges any stop made or given by ther Lordships To the building off the East end of the Luckenbooths As Being the Petitioners property And allowes the petitioner To carry on his building there Conforme to the Dean of Gilds Jedge, warrand and act of the Toun Councill past in the petitioners favours theranent And Lykewayes Ratifies and approves the said Jedge warrant and act In favours of the said petitioner To the effect that non may stope trouble or impede him from perfyting the said building Conforme to the saids Jedge, warrant and act And the saids Lords there present Ratification part theron in all points.

1. NRS, PC2/28, 210v-211r.

1. NRS, PC2/28, 210v-211r.

Sederunt, 25 September 1702, Edinburgh

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Edinburgh the 25th September 17021

D1702/9/42

Sederunt

Lord Chancelour; Earl of Melvill P:C:; Earl of Seafeild; Earl of Marr; Earl of Leven; Viscount Roseberry; Lord Strathnaver; Lord Polwarth; Lord President of Session; Lord Advocat; Lord Crossrigg; Laird of Meggens

Edinburgh the 25th September 17021

D1702/9/42

Sederunt

Lord Chancelour; Earl of Melvill P:C:; Earl of Seafeild; Earl of Marr; Earl of Leven; Viscount Roseberry; Lord Strathnaver; Lord Polwarth; Lord President of Session; Lord Advocat; Lord Crossrigg; Laird of Meggens

1. NRS, PC2/28, 210v.

2. NRS, PC2/28, 210v.

1. NRS, PC2/28, 210v.

2. NRS, PC2/28, 210v.

Decreet, 8 September 1702, Edinburgh

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Edinburgh the 8th of September 1702

D1702/9/31

Decreet

Decreit Vallange Against McEwan

Annent The lyble or Letters of Complent Raised and persewed befoir The Lords of her Majesties privie Councill at the Instance of Thomas Vallange on of the Constables of the Toun of Pearth with Concurse of Sir James Steuart her Majesties Advocat for her Highness intrest in the matter underwrytten Mentioning That wher By the many good Laws and Acts of Parliament of this realme Constables are established and boeth they and the Justices of pace and Magistrats of Burghs and other officers off the Law are authorized and impowered to put the Laws in Execution particularly such as are made againest profainness and Immorality and that consequently It is a high Misdemaner in any Magistrat or Baillie off Burgh To discurradge the said Constables whom they ought to incurradge in the Execution off ther offices and under sham pretences of Malverse To presume to fyne and imprison them on purpose to make the said office of Constable aburden2 to all Constables and contemptible to all others which certainly is a manyfest deed of oppression and ought as such to be sevearly punished Lykeas Prevarication in deponing in Judgement when called is a Crie in all But more especiallie in a Magistrat and Baillie off Burgh called and deponing as witnes befoir the Lords of Privie Councill yet Nevertheless It is of verity That Patrick McEwan one of the present Baillies of the Burgh of Pearth Haveing conceaved a prejudice againest the said Thomas Vallange Complainer a Constable And being as it wer purposed to discurradge and treat in ridicule the very office off ane Constable toward the suppression off profanity Did upon on or other off the dayes of the moneth off Appryll last Cause conveen the said Thomas Vallange Complainer befoir him in his Baillie Court as haveing malversed in his office off Constable in not delaiting and prosecuting of Jameson weaver For swearing in his audience And tho the Procurator fiscall in presence off the said Baillie McEwan refferred the matter To Thomas Vallange his declaration And That Thomas Declaired he had heard the said Jameson swear and had reprehended him and also summoned him to the Baillie Court But that the Court Did not hold at that time For which he could neither then nor since the matter being resent, prosecut him all which the said Jameson present could not deny And Thomas Vallange Did also offerr to prove by witnesses then present yet the said Baillie without Furder regaird Did sentance the said Complainer In a Fyne off Ten pound scotts And Further By his owen single authoritie Deprived him from his office which could only be done by the Magistrats and Toun Councill who had put him In the said office And Farder Having required The said Thomas Vallange Complainer To give up his Constable Batton And the said Thomas saying he knew not iff he had it upon him Yet Because It was found upon him He Fyned the Complainer as for a lie and Committed him to prison untill he should make payment off the said Fyne And Further when the said Thomas Vallange had gott his liberty and he with other Constables in ther Just resentment off such a mockerie and causeless severity Did upon the Tuentie Fyfth day off the said moneth off Apprill goe to the presence off the said Patrick McEwan with a nottar and by way of Instrument protested againest him For his Forsaid unjustice and oppression and for remead of Law The said Patrick Did not only threaten them with Imprisonment and actuallie ordered a warrant to be wrytt For that effect as authentick Instruments taken theron and produced in the Clerks of Councills hands Doe testefie Lykeas The said Patrick Ewan being called as a witness to depon befoir the Lords of privie Councill in the proces betwixt Robert Robertson Baillie off the said Burgh and Patrick Hay Indweller there And the said Baillie McEwan Being Examined as adduced by boeth pairtes He did soe evidently prevaricat in his Deposition That boeth perseuar and deffender Declaired they past from Patrick McEwan as a witnes In respect off his prevarication And the Lords off the Committee his examinators caused mark the same in there report which was also reported and would By the saids Lords of Privie Councill as a high offence As the record of the said proces in the Clerks of Councills hands bears By all which it is evident That the said Patrick McEwan Is guilty airt and pairt off the said unjustice malversation and oppression As also of the said prevarication above lybled Which being proven He ought not only to be Decerned in the soume off Five hundereth merks of expensses and damnadges But deprived and removed from the said office as a Baillie and Declaired incapable For hereafter off publict trust and Further punished in his person and goods to the example and terror of others To Commit the lyke in time comeing As the saids Lords of Privie Councill shall see cause And Annent The Chairge given to the said Patrick McEwan Deffender To have Compeired personallie Befoir the saids Lords of Privie Councill upon the day and date of their presents To have answered to the forsaid Complaint And to have heard and seen such order and course taken thereannent as appertaines under the pain of rebellion and putting of him to the horn with certefication as in the said principall lyble or Letters of Complaint and executiones therof at more length is contained Which lyble Being this day called In presence of the saids Lords of her Majesties privie Councill And the said Thomas Vallange persewar Compeiring personallie at the Barr with Mr James Steuart Mr Francis Grant and Mr James Gellie his Advocats And the said Mr Patrick McEwan Defender Compeiring also personallie at the barr With Sir David Dalrumple her Majesties solicitor and Sir David Cunynghame his Advocats And the lyble with answers therto and a petition by the Magistrats of Pearth Being all read in ther presence And boeth pairtes procurators being fully heard at the barr And the saids Lords Haveing Considered the samen They have Depryved and heirby Depryves The said Patrick McEwan From the office off Magistracie and being off the Councill off the said Burgh For year and day after the date of these presents.

Edinburgh the 8th of September 1702

D1702/9/31

Decreet

Decreit Vallange Against McEwan

Annent The lyble or Letters of Complent Raised and persewed befoir The Lords of her Majesties privie Councill at the Instance of Thomas Vallange on of the Constables of the Toun of Pearth with Concurse of Sir James Steuart her Majesties Advocat for her Highness intrest in the matter underwrytten Mentioning That wher By the many good Laws and Acts of Parliament of this realme Constables are established and boeth they and the Justices of pace and Magistrats of Burghs and other officers off the Law are authorized and impowered to put the Laws in Execution particularly such as are made againest profainness and Immorality and that consequently It is a high Misdemaner in any Magistrat or Baillie off Burgh To discurradge the said Constables whom they ought to incurradge in the Execution off ther offices and under sham pretences of Malverse To presume to fyne and imprison them on purpose to make the said office of Constable aburden2 to all Constables and contemptible to all others which certainly is a manyfest deed of oppression and ought as such to be sevearly punished Lykeas Prevarication in deponing in Judgement when called is a Crie in all But more especiallie in a Magistrat and Baillie off Burgh called and deponing as witnes befoir the Lords of Privie Councill yet Nevertheless It is of verity That Patrick McEwan one of the present Baillies of the Burgh of Pearth Haveing conceaved a prejudice againest the said Thomas Vallange Complainer a Constable And being as it wer purposed to discurradge and treat in ridicule the very office off ane Constable toward the suppression off profanity Did upon on or other off the dayes of the moneth off Appryll last Cause conveen the said Thomas Vallange Complainer befoir him in his Baillie Court as haveing malversed in his office off Constable in not delaiting and prosecuting of Jameson weaver For swearing in his audience And tho the Procurator fiscall in presence off the said Baillie McEwan refferred the matter To Thomas Vallange his declaration And That Thomas Declaired he had heard the said Jameson swear and had reprehended him and also summoned him to the Baillie Court But that the Court Did not hold at that time For which he could neither then nor since the matter being resent, prosecut him all which the said Jameson present could not deny And Thomas Vallange Did also offerr to prove by witnesses then present yet the said Baillie without Furder regaird Did sentance the said Complainer In a Fyne off Ten pound scotts And Further By his owen single authoritie Deprived him from his office which could only be done by the Magistrats and Toun Councill who had put him In the said office And Farder Having required The said Thomas Vallange Complainer To give up his Constable Batton And the said Thomas saying he knew not iff he had it upon him Yet Because It was found upon him He Fyned the Complainer as for a lie and Committed him to prison untill he should make payment off the said Fyne And Further when the said Thomas Vallange had gott his liberty and he with other Constables in ther Just resentment off such a mockerie and causeless severity Did upon the Tuentie Fyfth day off the said moneth off Apprill goe to the presence off the said Patrick McEwan with a nottar and by way of Instrument protested againest him For his Forsaid unjustice and oppression and for remead of Law The said Patrick Did not only threaten them with Imprisonment and actuallie ordered a warrant to be wrytt For that effect as authentick Instruments taken theron and produced in the Clerks of Councills hands Doe testefie Lykeas The said Patrick Ewan being called as a witness to depon befoir the Lords of privie Councill in the proces betwixt Robert Robertson Baillie off the said Burgh and Patrick Hay Indweller there And the said Baillie McEwan Being Examined as adduced by boeth pairtes He did soe evidently prevaricat in his Deposition That boeth perseuar and deffender Declaired they past from Patrick McEwan as a witnes In respect off his prevarication And the Lords off the Committee his examinators caused mark the same in there report which was also reported and would By the saids Lords of Privie Councill as a high offence As the record of the said proces in the Clerks of Councills hands bears By all which it is evident That the said Patrick McEwan Is guilty airt and pairt off the said unjustice malversation and oppression As also of the said prevarication above lybled Which being proven He ought not only to be Decerned in the soume off Five hundereth merks of expensses and damnadges But deprived and removed from the said office as a Baillie and Declaired incapable For hereafter off publict trust and Further punished in his person and goods to the example and terror of others To Commit the lyke in time comeing As the saids Lords of Privie Councill shall see cause And Annent The Chairge given to the said Patrick McEwan Deffender To have Compeired personallie Befoir the saids Lords of Privie Councill upon the day and date of their presents To have answered to the forsaid Complaint And to have heard and seen such order and course taken thereannent as appertaines under the pain of rebellion and putting of him to the horn with certefication as in the said principall lyble or Letters of Complaint and executiones therof at more length is contained Which lyble Being this day called In presence of the saids Lords of her Majesties privie Councill And the said Thomas Vallange persewar Compeiring personallie at the Barr with Mr James Steuart Mr Francis Grant and Mr James Gellie his Advocats And the said Mr Patrick McEwan Defender Compeiring also personallie at the barr With Sir David Dalrumple her Majesties solicitor and Sir David Cunynghame his Advocats And the lyble with answers therto and a petition by the Magistrats of Pearth Being all read in ther presence And boeth pairtes procurators being fully heard at the barr And the saids Lords Haveing Considered the samen They have Depryved and heirby Depryves The said Patrick McEwan From the office off Magistracie and being off the Councill off the said Burgh For year and day after the date of these presents.

1. NRS, PC2/28, 209r-210r.

2. Sic.

1. NRS, PC2/28, 209r-210r.

2. Sic.

Act, 8 September 1702, Edinburgh

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Edinburgh the 8th of September 1702

D1702/9/21

Act

Act Infavours of the Earle of Marr

Anent the petition given in and presented to the Lords of Her Majesties privie Councill by John Earle of Mar Shewing That where the petitioner stands publictly infest in the whole Earledoom of Mar upon severall Adjudications and other Rights standing in his person and alse that most of the Creditors upon the Estate have granted a Commission and factory to him for uplifting and manageing the rents therof for his oune and their behove And the petitioner knowing that the wryts and evidents in the Chartar house of Alloa haveing lyen so many years in a laugh vault Immediately off the ground without aither fyre or Light that if soon speedy course were not taken to prevent it they would be in great hazard of perishing which would be ane Irrepairable loss to the petitioner and other Creditors And alse considering that there might be severall of the saids wrytts absolutly necessar in processes purswed aither for or against them And therfore Craveing to the effect aftermentioned As the said petition bears The Lords of Her Majesties privy Councill haveing considered the above petition given in to them by John Earle of Mar They Doe heirby Grant warrand Commission to Mr George Erskine Baillie Deput of the Regality of Alloa and Mr Henry Chrystie Comisary deput of Dumblane To Receave the keyes of the said Chartorhouse of Alloa from Mary Countes of Mar The petitioner Mother and upon Recept therof to make a full Inventar of the wryts and evidents therincontained And to Deliver the same with the keyes to the said petitioner to the effect forsaid.

Edinburgh the 8th of September 1702

D1702/9/21

Act

Act Infavours of the Earle of Marr

Anent the petition given in and presented to the Lords of Her Majesties privie Councill by John Earle of Mar Shewing That where the petitioner stands publictly infest in the whole Earledoom of Mar upon severall Adjudications and other Rights standing in his person and alse that most of the Creditors upon the Estate have granted a Commission and factory to him for uplifting and manageing the rents therof for his oune and their behove And the petitioner knowing that the wryts and evidents in the Chartar house of Alloa haveing lyen so many years in a laugh vault Immediately off the ground without aither fyre or Light that if soon speedy course were not taken to prevent it they would be in great hazard of perishing which would be ane Irrepairable loss to the petitioner and other Creditors And alse considering that there might be severall of the saids wrytts absolutly necessar in processes purswed aither for or against them And therfore Craveing to the effect aftermentioned As the said petition bears The Lords of Her Majesties privy Councill haveing considered the above petition given in to them by John Earle of Mar They Doe heirby Grant warrand Commission to Mr George Erskine Baillie Deput of the Regality of Alloa and Mr Henry Chrystie Comisary deput of Dumblane To Receave the keyes of the said Chartorhouse of Alloa from Mary Countes of Mar The petitioner Mother and upon Recept therof to make a full Inventar of the wryts and evidents therincontained And to Deliver the same with the keyes to the said petitioner to the effect forsaid.

1. NRS, PC2/28, 208v-209r.

1. NRS, PC2/28, 208v-209r.