Tag Archives: decreta

Act, 15 July 1701, Edinburgh

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Att Edinburgh The Fyfetin day of Jully One thousand Sivenhundred and on years

D1701/7/141

Act

Act the Lady Elchicheills for ane aliment

Anent The petitione Given and presented to the Lord high Chancellor and Lords of his majesties privie councill Be Sophia Johnstoune relict of the deacest John Johnstoune of Elshasheells and nou spouse to Thomas Barklay late of Hiltoune sheueth That uherby Contract of marraige of the petitionares first husband the petitionar as provyeded2 to and secund in ane anualrent of Five hundred merks out of the first and readiest rents of Eshkie and Shaw Extending to one thousand merks yearly and the petitioners present husband haveing also secured the petitionar in ane competent provision out of his estate he hath pairtly through his imprudence pairtly through his Intemperance3 hes rendred all thir provisiones Elusory in favoures of the petitionar out of prejudice against the petitionar for opposeing his desolut courses and so pairtly by true debts, pairtly by simulate debts and our Creditors collusione uith the petitioners first husbands heir and tenents in the petitionars Lyferent Lands And the petitioner could not recover ane fardine therof for her oun and Childrens sustentione whery the petitioner is brought to such a sterveing Conditione as oblidges her to have recourse to the Lords of his majesties privie councill uho are The sanctuary of the poor when they are distressed And defrauded so farr to Relive them as to seale ane aliment upon them out of their oun meanes whrin none can by prejudged, But only the poor and oppressed Enjoy the benefite of your Lordships patrocie And protectione Especially in this caice wher the petitioner is brought to such extream povertie that as the petitioner hath no meanes to pursue for ane aliement so the petitioner and her Children Their sterveing Conditione hath no hath no patience to uait the event of a teadious process Qua ventur non patitur moras And therfor Craveing that it might please the saids Lords of Councill and Sessione In contemptatione of the premisses out of compassione to the petitioner and her children ther distress and sterveing conditione to modifie ane Aliment of Four hundreth merks out of the petitioners oun Lyferent lands to be payed to the petitioner be Alexander Johnstoune of Elshasheells Heir and sone to the petitioners first husband and his tenents of the said petitioner her lyfrent Lands of Esbie and Shaw; to the said petitioner and that as the petitionars aliment for the tyme bygone and endeavours letters of horning And others needfull to be direct theron And alloues the said Alexander Johnstoune to see and ansuear this petitione as to the petitionares aliment in tyme comming And the saids Lords of his majesties privie counsell upon the day and dait of their presents Haveing again considered the petitione Given in to them by the said designed petitioner and ansueares Made therto for Johnstoune non of Elshaheills sone to the petitionares first husband they Heirby remmitt the petitioner to pursue befor judge ordinary for her aliment in tyme comming via ordinarie as accords

Att Edinburgh The Fyfetin day of Jully One thousand Sivenhundred and on years

D1701/7/141

Act

Act the Lady Elchicheills for ane aliment

Anent The petitione Given and presented to the Lord high Chancellor and Lords of his majesties privie councill Be Sophia Johnstoune relict of the deacest John Johnstoune of Elshasheells and nou spouse to Thomas Barklay late of Hiltoune sheueth That uherby Contract of marraige of the petitionares first husband the petitionar as provyeded2 to and secund in ane anualrent of Five hundred merks out of the first and readiest rents of Eshkie and Shaw Extending to one thousand merks yearly and the petitioners present husband haveing also secured the petitionar in ane competent provision out of his estate he hath pairtly through his imprudence pairtly through his Intemperance3 hes rendred all thir provisiones Elusory in favoures of the petitionar out of prejudice against the petitionar for opposeing his desolut courses and so pairtly by true debts, pairtly by simulate debts and our Creditors collusione uith the petitioners first husbands heir and tenents in the petitionars Lyferent Lands And the petitioner could not recover ane fardine therof for her oun and Childrens sustentione whery the petitioner is brought to such a sterveing Conditione as oblidges her to have recourse to the Lords of his majesties privie councill uho are The sanctuary of the poor when they are distressed And defrauded so farr to Relive them as to seale ane aliment upon them out of their oun meanes whrin none can by prejudged, But only the poor and oppressed Enjoy the benefite of your Lordships patrocie And protectione Especially in this caice wher the petitioner is brought to such extream povertie that as the petitioner hath no meanes to pursue for ane aliement so the petitioner and her Children Their sterveing Conditione hath no hath no patience to uait the event of a teadious process Qua ventur non patitur moras And therfor Craveing that it might please the saids Lords of Councill and Sessione In contemptatione of the premisses out of compassione to the petitioner and her children ther distress and sterveing conditione to modifie ane Aliment of Four hundreth merks out of the petitioners oun Lyferent lands to be payed to the petitioner be Alexander Johnstoune of Elshasheells Heir and sone to the petitioners first husband and his tenents of the said petitioner her lyfrent Lands of Esbie and Shaw; to the said petitioner and that as the petitionars aliment for the tyme bygone and endeavours letters of horning And others needfull to be direct theron And alloues the said Alexander Johnstoune to see and ansuear this petitione as to the petitionares aliment in tyme comming And the saids Lords of his majesties privie counsell upon the day and dait of their presents Haveing again considered the petitione Given in to them by the said designed petitioner and ansueares Made therto for Johnstoune non of Elshaheills sone to the petitionares first husband they Heirby remmitt the petitioner to pursue befor judge ordinary for her aliment in tyme comming via ordinarie as accords

1. NRS, PC2/28, 112r-113r.

2. The words ‘as provyeded’ are written over an earlier scratched out word.

3. The words ‘his Intemperance’ are an insertion.

1. NRS, PC2/28, 112r-113r.

2. The words ‘as provyeded’ are written over an earlier scratched out word.

3. The words ‘his Intemperance’ are an insertion.

Petition, 15 July 1701, Edinburgh

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Att Edinburgh The Fyfetin day of Jully One thousand Sivenhundred and on years

D1701/7/131

Petition

Petition Francis Scott against Rutherford of Fairniton read and refused

Annent The petitione Given in and presented to the Lord high Chancellor and Lords of his majesties most honourable privie coucnill Be Francis Scot ane of the Gentlemen of his majesties horse Guards Sheueth that uher It being pretended that the shyre of Roxburgh uas deficient in payment of the Supplie and Excyse payable out of the said shyre Sir James Osuald of Fingletoune and James Dunlope late tacksman of the said excyse and supplie Granted tuo ordares and commmssione to your petitioner in august the Fyftine one thousand and sivenhundred yeares The one for the soume of Eight hundred and fifty eight pound Eleven shilling and four pennies scots preceeding November One thousand six hundred and Eighty four subscribed by the said Sir James and direct for the petitioner and the Other for the soume of One hundred and tuenty five pound thirtine shilling and ane pennie money forsaid preceeding Candlemes one thousand six hundred and nynty one years subscribed by the said Sir James Osuald and James Dunlop also direct for the petitioner to quarter uith ane party under his Command upon the commissionares of the said shyre ay an uhile they should make payment of their deficiences and be vertue of the saids tuo orders the said petitioner accordingly uent uith the said partie and intimated them to the commissionars of the said shyre by way of instrument upon the Eightine day of august one thousand and seven hundred yeares att Jedburgh uher the petitioner continoued for the space of thirty five dayes and he receiveing noe free quarters nor quartering money, Did upon the second day and year forsaid poynd and appryse ane horse from George Rutherfoord of Fairmingtoune one of the saids present commissioners att three pound sterling valow as the said couprysement heir uith produced Notuithstanding uherof the petitioner uas necessitate to continou ther untill the tuenty fourth day of September therafter that he got ordours to Remove from the said shyre uhich to ordours of Removeall are lyeing in the shirriff clerk of tiwiodeall his handes, and the petitionar being considerable out of pockit by payeing his pairty uhich he took along uith him for uplifting the said deficiencies uent to Mr Thomas Steill shirriff depute of the said shire and requyred quartering and rydeing money for thirty five dayes att a Croun per day being in haill the soume of one hundred and Five pound scots which is verry usuall in such Caices he absolutely refused wherupon the petitionar protested and took instruments against him and the whole present commisionars of the said fsaid shyre that they or the said Sir James Osuald and James Dunlope might be Lyable to him for the Remead of Law as the said instrument of the dait forsaid heiruith produced and the said George Rutherfoods procured ane ordour from the Lords of his majesties privie counsell appointing the petitioner aither to Restore the said horse or ten pound sterling therfor and the petitioner haveing failed therin he obtained Letters of Captione and therupon Incarcerated the petitionar upon the tuenty day of February last in the Tolbooth of Edinburgh uher he hes been ever since Lyeing and nou is under bond and Cautione to present himself uhen Called for And seeing uherin the petitioner hath acted in this matter uas exactly conforme to the saids tackmens ordoures And Therfor Humbly Craveing that it might please the saids Lords of his majesties privie counsell uould Fake the premises to their serious consideratione and appoynt the said James Dunlope nou only a lyfe and the representatives of the said James Osuald To repair the petitionar not only of the quartering and Reyding money amounting to the soume abovementioned ane pairt uherof allready laid out be the petitionar to the said pairty that uent under his command for uplifting the saids deficiences) 2 But also to repair the petitioner of the loss and expencess he sustained be his four months and ane halfe incarceratione and the tolbooth deues all his out comming uhen he Granted bond of presentatione and all through the said tacksmen their ordoures as uill appear by ane accompt heruith produced uill testifie The Lords of his majesties privie counsell Haveing Heared the writtine petitione read in their presence they allou James Dunlop and the aires and Representatives of Sir James Osuald to be his majesties Generall Recivers To see and ansuear the same, The saids Lords of his majesties privie counssell upon the Day and dait of thir presents Haveing considered the forsaid petitione Given In to them to them by the petitioner and ansueares made therto for James Dunlope and the Representatives of the deceast James Osuald They have Refused and heirby Refuses the desyre of the bill Given in for the said petitionar

Att Edinburgh The Fyfetin day of Jully One thousand Sivenhundred and on years

D1701/7/131

Petition

Petition Francis Scott against Rutherford of Fairniton read and refused

Annent The petitione Given in and presented to the Lord high Chancellor and Lords of his majesties most honourable privie coucnill Be Francis Scot ane of the Gentlemen of his majesties horse Guards Sheueth that uher It being pretended that the shyre of Roxburgh uas deficient in payment of the Supplie and Excyse payable out of the said shyre Sir James Osuald of Fingletoune and James Dunlope late tacksman of the said excyse and supplie Granted tuo ordares and commmssione to your petitioner in august the Fyftine one thousand and sivenhundred yeares The one for the soume of Eight hundred and fifty eight pound Eleven shilling and four pennies scots preceeding November One thousand six hundred and Eighty four subscribed by the said Sir James and direct for the petitioner and the Other for the soume of One hundred and tuenty five pound thirtine shilling and ane pennie money forsaid preceeding Candlemes one thousand six hundred and nynty one years subscribed by the said Sir James Osuald and James Dunlop also direct for the petitioner to quarter uith ane party under his Command upon the commissionares of the said shyre ay an uhile they should make payment of their deficiences and be vertue of the saids tuo orders the said petitioner accordingly uent uith the said partie and intimated them to the commissionars of the said shyre by way of instrument upon the Eightine day of august one thousand and seven hundred yeares att Jedburgh uher the petitioner continoued for the space of thirty five dayes and he receiveing noe free quarters nor quartering money, Did upon the second day and year forsaid poynd and appryse ane horse from George Rutherfoord of Fairmingtoune one of the saids present commissioners att three pound sterling valow as the said couprysement heir uith produced Notuithstanding uherof the petitioner uas necessitate to continou ther untill the tuenty fourth day of September therafter that he got ordours to Remove from the said shyre uhich to ordours of Removeall are lyeing in the shirriff clerk of tiwiodeall his handes, and the petitionar being considerable out of pockit by payeing his pairty uhich he took along uith him for uplifting the said deficiencies uent to Mr Thomas Steill shirriff depute of the said shire and requyred quartering and rydeing money for thirty five dayes att a Croun per day being in haill the soume of one hundred and Five pound scots which is verry usuall in such Caices he absolutely refused wherupon the petitionar protested and took instruments against him and the whole present commisionars of the said fsaid shyre that they or the said Sir James Osuald and James Dunlope might be Lyable to him for the Remead of Law as the said instrument of the dait forsaid heiruith produced and the said George Rutherfoods procured ane ordour from the Lords of his majesties privie counsell appointing the petitioner aither to Restore the said horse or ten pound sterling therfor and the petitioner haveing failed therin he obtained Letters of Captione and therupon Incarcerated the petitionar upon the tuenty day of February last in the Tolbooth of Edinburgh uher he hes been ever since Lyeing and nou is under bond and Cautione to present himself uhen Called for And seeing uherin the petitioner hath acted in this matter uas exactly conforme to the saids tackmens ordoures And Therfor Humbly Craveing that it might please the saids Lords of his majesties privie counsell uould Fake the premises to their serious consideratione and appoynt the said James Dunlope nou only a lyfe and the representatives of the said James Osuald To repair the petitionar not only of the quartering and Reyding money amounting to the soume abovementioned ane pairt uherof allready laid out be the petitionar to the said pairty that uent under his command for uplifting the saids deficiences) 2 But also to repair the petitioner of the loss and expencess he sustained be his four months and ane halfe incarceratione and the tolbooth deues all his out comming uhen he Granted bond of presentatione and all through the said tacksmen their ordoures as uill appear by ane accompt heruith produced uill testifie The Lords of his majesties privie counsell Haveing Heared the writtine petitione read in their presence they allou James Dunlop and the aires and Representatives of Sir James Osuald to be his majesties Generall Recivers To see and ansuear the same, The saids Lords of his majesties privie counssell upon the Day and dait of thir presents Haveing considered the forsaid petitione Given In to them to them by the petitioner and ansueares made therto for James Dunlope and the Representatives of the deceast James Osuald They have Refused and heirby Refuses the desyre of the bill Given in for the said petitionar

1. NRS, PC2/28, 110v-112r.

2. Opening bracket missing.

1. NRS, PC2/28, 110v-112r.

2. Opening bracket missing.

Decreet, 15 July 1701, Edinburgh

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Att Edinburgh The Fyfetin day of Jully One thousand Sivenhundred and on years

D1701/7/121

Decreet

Decreet the Magistrats of Glasgow against Walkingshaw of Barrowfeild

Anent the Lybell or letters of Complent purchased and raised befor the Lors of his majesties privie counsell att the Instance of Robert Greenlies one of the toune officers of Glasgow And Robert Yuill ane of the bailies ther In behalf of the said burgh uith concourse of Sir James Steuart his majesties advocate for his hignes intrest in the matter underurittine Makeing mentione That wher by the laues of this and all other ueill governoued Realmes all men ought to live peacablie and keep the peace uithout Injury insulting or beating any persone or raiseing Tumoults or Contimationes contrary to the Law and particularly by the act of parliament Queen Mary Cap: Eighty three it is statute that none make privie conventiones and put on armour uithin burgh uithout the magistrats Licence And by the act of parliament James the sixth parliament Eighteen Cap: Siventeen the said prior act is ratified, and it is Farder statute that non Convocate or assemble uithin burgh Except they have Licence of the magistrats and that they doe nothing against the acts of parliament and Quiet of the burgh and all the Inhabitants of Burghs are ordained to assist the magistrats and ther2 officers For the suppressing of of Tumults under the pain to be punished as Fosterers of the saids tumults Nevertheless It is of verity that a pairt of our Forces Collonell Hamiltounes Redgement being quartered att Glasgou and ordered to Remain In ordour to their transportatione Conforme to our commands and it being necessary to furnish them uith baggage horses, The said Robert Yuill bailie Did upon the tuenty sixth day of march Last send some of the toune officers to provyde horses for the end forsaid conforme to the act of parliament which officers haveing betuixt Eight and ten att night Found tuo horses in the stable of one Hugh Hamiltoune and goeing to secure them for the forsaid service the people of the house closed the foirgate to stope them from so doeing, and all the sametyme John Ualkingshaw of Barrofield came to the place and Immediatly drew his suord and beat doun the said Robert Greenlies toune officer and uounded him uith his suord upon the syde of his head neer to the eye and gave him many strokes uith his suord and plumet therof and holding the poynt of his suord to his suord3 to his breast while he uas lyeing on the Ground threatned to kill him and that uithout any provocatione But upon the accompt forsaid allenarly Lykeas he suore maney terrible oaths especialy by the blised name of God that he should stick the dog And haveing brought the said tuo horses out of the stable to the Cross the said Barroufield uent to the street uith his suord drauen and suearing still maney dreadfull Oaths as by the uounds of God he cryed severall tymes to the ouners of the horse the dog And therby Convocate and gathered a great head a great many people and when the horseuer Brought furth he caused one to lead them befor him and marching uith his drauen suord after them Carried them out of the port to the great disorder of the Burgh contempt of the magistrats and scandell of the whole neighbourhead, off uhich unuarrantable oppositione To The magistrats Magistrats4 Commands Beating and blooding the toune officer suearing and prophaning the name of God and5 raisseing ane Rable and tumult uith ane naked suord in hand, the said John Walkenshaw is airt and pairt of one or other of the saids crymes uhich being tryen and proven befor the Lords of his majesties privie councill He ought to be Decerned in the soume of […] of Damnadges and also Furder punished for the forsaid ryot and tumult and manifast opostione to the magistrats In his majesties service In his persone and goods By decreet of the Lords of his majesties privie counsell to the exemple and terror of others to committ the lyke in tyme comming And Annent the Charge Given to the said Defender to have compeared befor the saids Lords of his majesties privie councill att ane certaine Day bygone to ansuear to the forsaid complaint And to thave heared and sseen such ordaour and Course taken theranent as appertained uith Cerficatione as in the principall lybell or Letters of complaint raised in the said matter uith the Executiones therof att mair lenth is Contained And Sicklyk anent the Lettares of Reconventione purchased and Raised befor the saids Lords of his majesties privy councill att the instance of the saids John Walkenshaw of Baroufield Robert Turner Richard Greenlies James Greenlies John Armerer Uilliam Mairtine Thomas Greins and David Uatsone tenents to the said John Ualkenshaw of Barroufield uith concourse of Sir James Steuart his majesties advocate for his majesties6 intrest In the matter underurittine Makeing Mentione that uher By the Rules of Society Laues constitutione and practises of this and all other ueill governed nationes and kingdomes all necessary Burdens and impositiones are laid on and Exacted by ane Equall proportione so that every member of the Society Residenter and subject in the kingdome may bear ane equall share and that no man be oppressed But every one bear ane Equall Burden As also by the good and uholsome Laues and acts of parliament Ratifieing and confirming the act of parliament One thousand sixhundred and Eighty one yeares, The act of privie Councill dated the fourtine day of Febry one thousand six hundred and nynty three yeares It is theirby statute and ordained that uhen it shall be necessar That the armey have use for baggage horses for transporting their baggage from place to place, That the armey or pairty haveing7 use for the said baggage horse be in a Burgh That the horse be umployed and made use of By the ordor of the commander and the magistrats of the Burgh joyntly and uher the horses are furnished and made use of in Launduart by order of the commander and of the commissioners of Supplie uithin the shire Lykeas by the nynth act of this seventh sessione of this our current parliament quartering of souldiers The forsaid act is confirmed and just and equall methods laid doun and penulties determined against those uho shall be guilty In the matter and therby Declaired that the same Executione shall Be Granted for Carriages as for quartering as Also By the Fourty Fifth Chapter parliament the second James the First It that all judges Doe and execute the law evenly and By the seventeen Chapter parliament the Sixth8 James the second it is statute that all officers uillfully tresspassing in their offices shall tyne the same for year and Day and by the Forsaid act of privie councill confirmed by act of parliament as aforsaid It is statute that ther Ther9 shall be payed of hyre for each horse one shilling six pennies for each myle and it shall Be laufull to keep any mans horse longer then Day Lykeas By the act of the last Sessione of parliament Anent the Security of the persones of our Leidges It is statute that no man be impresond uithout condescending upon and speciall and particular Cryme and that no persone be keept and detained in prisone after sufficient Baill and Cautione is offered for presenting the said persone to abyde and underlye the Law and that under the penalty contained in the said act as also by the law and practiques of this kingdome the spulzieing and masterfully auay taking of pleugh horse in tyme of Labouring is a Crime of a high nature and severly punishable Nevertheless It is of verity John Andersone of Dovehill provost of Glasgow Robert Yooll John Aird elder and John Uoodrop Bailies of the said burgh or one or other of them shakeing off all fear of God obedience and regaird to his majestie and his government and the laues and acts of parliament of this his majesties kingdome and the Rules of Christianity and Society the forsaid persones or ane or other of them Conceaveing a deadly prejudice malice heatred and envy against the said John Ualkenshaw of Barroufield and his tenents and Snatching all occasiones and oppertunities for oppressing the saids complainers Did upon one or other of the dayes of march last by past uhen the Redgement of foot under the Command of Collonell George Hamitloune uas to march from Glasgou and uhen applicatione uas made by the officers of the said Redgement Redgement10 three dayes befor their march that they hade need of sixteen horses for transporting their Ladies and baggadge the said John Anderssone and the other defendar albeit all that tyme ther uas ther thirty common Cairtners and ane hundred hyreing horses uhich uere constantly Imployed in such services Did cause give advertisment to the common Cairtners and horse hyrers to keep their horses out of the uay the day uhen11 the redgement uas to march and wheras the defendars ought to have proportioned the number of the horse and appointed the Cairters and horse hyrers to have been in Radienes But in stead therof the said defenders or ane or other of them did send to the complainers lands uhile his and his tenents horses uere plouing and in the harroues Albeit the complainers lands lyes not uithin the jurisdictione of the magistrats of Glasgou and Did unjustly unuarantaby and oppressfully take auay fourteen of the complainers and his tenents horses uheras the Regement hade only use for Sixteen and did pass by the common Cairterers and horse hyrers of the toune of Glasgow uhose only trade and Imployement it is to furnish Cairts and horses for transporting persones and baggages and as a farder evidence of the saids defenders their acts of oppressione, they hounde out and gave warrand to three toune officers upon one or other of the dayes of march last uho came under cloud of night att Eleven aclock uho broke open the doores of Richard Greenlies and Hugh Hamiltoune tuo for the complainers tenents houses uhale they uere in their beds and dragged them out of their beds and seased their horses and secured them in other stables for the space of tuo nights to the great prejudice of the horses and the tenents their labouring the seed lyeing one the Ground unharroued as also John Bonnar one of the complainers tenents Haveing his horses pleuing some land Belonging to John Luke Dovehills brother in Law uas excused from carrieing any of the Baggage But uhen after the Redgement uas marched and no more use for Baggage horses It uas told Dovehill that the said John Bonar uas one of the complainers tenents the said Jojhn uas committed to prisone untill he should furnish horses albeit ther uas no use for them as also the said Robert Yooll one of the bailies haveing Called David Watsone one of the complainers tennents to furnish horse for carrieing the baggage of the said Regement uere hyred by his master Barroufield and drauing in his masters pleugh Nevertheless the said Robert Yooll Bailie Did most urongously and unjustly commit the said David Uatsone to prisone untill he should furnish tuo horses upon his oun expenceses and continoued the said David in prisone albeit the complainer his master offered to beall him in the termes of the act of parliament as uill appear by instruments taken therupon Lykeas the complainers tennents horses being so masterfully pressed uere by the directione of the saids defendars carried not only to Kilsyth the first dayes jurney But Lykeuayes to Falkirk contrary to the act of parliament and express use and practiques in the Lyke caices, and uhen the tennents Cairts and horses uer returned In stead of recveing three pounds Scots for each Court as constant use is use is Ther uas no more given to them But tuo shilling sterling By all uhich It is evident that the said John Andersone and others who complained upon are guilty of manifast oppressione Injustice and Crooked judgement and of the breach of the rules and Laues of Society and of the acts of parliament and constitutiones of this and all other ueell governed nationes uhich being proven the fornamed persones and ilk ane of them ought not only to be Decerne to make up and repair the damnadges and losses sustained by the said complainers and his tenents and to pay the penalties and fynes contained in the acts of parliament anent wrongous imprisoment and to lose and tyne their offices of magistrats In not judgeing evenly But also farder punsihed in their persones and goods to the terror of others to doe the lyke in tyme comming And Anent The Charge given to the fornamed persones defendars to have compeared befor the Lords of his majesties privie to unsell att ane certaine day bygone to have heared and Ansuered12 to the forsaid complaind and to have heared and seen such order and course taken13 therannent as appertaining uith certificatione as in the principall lybell Reconventione and executiones therof Raised in the said matter att mair lenth is contained, And the Lybell of Reconventione the said Ualkenshaw of Barroufield Robert Turner and others his tenents against the pursuar in the principall lyble and other tuo of the magistrats of Glasgow viz John Aird elder and John Uodrop tuo principall Bailies being called the said Robert Greenlies and the said Bailie Yooll pursuares in the principall lybell and tuo of the defenders in the reconventione Compearing personaly and the said John Aird and John Uoodrope bailies being oft tymes called and not compearing Compeared Sir Alexander Home Sir David Dalrymple Mr Uilliam Carmichaell Mr Robert Steuart mr Francis Grant And Mr John Fergusone advocats for the defenders In the Reconventione, the first tuo of uhich are pursuars in the principall lybell, And the said Walkenshaw of Barroufield pursuar in the Reconventione and defender in the principall lybell Compearing personally uith Mr David Cunninghame Mr David Forbes, and Mr James Falconer and Mr James Hamiltoune Both lybles being read uith ansuears made to each of14 them By aither pairty respective And the saids Lords Haveing considered the saids Respective Lybells and ansueares therto and both pairties laueres being fully heared att the councill Barr they sustain both Lybles and admitts them to aither pairties probatione and the saids Lords Have excused and heirby excuses the Absence of the said John Aird elder and John Uardrop tuo of the present Bailies of Glasgow for their not Compearance, The, said John Andersone of Douhill present provost of Glasgow and the said Robert Yuill one of the present bailies therof personally Compearing and Inacting themselves in the books of his majesties privie counsell that the said John Aird and John Uardrope the tuo absent defenders shall obtemper and fullfill uhatsomever shall be determined or decerned by the saids Lords of his majesties privie Councill and the saids tuo absent bailies and the15 uitneses cited or being absent as marked in the Rolls haveing made faith all the Councill16 Barr the saids Lords nominats and appoynts, the Earle of Leven Lord Boyll Lord thesaurer deputt and justice Clerk Mr Francis Montgomry and the provost of Edinburgh to be a Comitty for examining of the saids uitneses Reserveing all objectiones uhich may be made against them to be proponed and Discussed against them Befor17 the said Commitie and declaires any tuo of them to be a sufficient quorum and recommends to them to meet the tuenty Fyfth day of Jully instant att ten in the forenoon and Grants Farder dilligence by Captione against the absent uitnesses in aither of the saids proceses and assignes the […] day of […] For18 doeing of the said farder dilligence Therafter The said action being moved upon the tenth day of Jully instant the Lords of his majeties privie councill Added the Earle of Melvill president of privie councill and the Marques of Annandale to the Committie allready appointed by his majesties privie Council upon the tuenty fourth of June last by past in the mutuall proces betuixt Robert Greenlies and Bailzie Yooll against Ualkenshaw of Barroufield et etc contra and continues the quorum of the said committie to be any tuo as formerly and recommended to the said committie to endeavour To19 settle and agree20 the Same to prepair the process and put it in such caice as it may be advysed by his majesties privie councill att their nixt meeting and recommended to the said committie to meet the eleventh jully instant att ten in the foornoon And accordingly the said commity haveing met upon the eleventh of Jully instant they made the report as folloues Committie anent process Greenlies and toune of Glasgou against Barroufield Sederunt Lord Marques of Annandale Lord Boyll Lord Justice Clerk and Mr Francis Montgomry Marques of Annandale ereceted preces, The committie haveing called both pairties Compeared Dowhill present provost of Glasgou for the toune therof and Barroufield compearing personaly for himself and the rest of the persuares in his proces, The committie finding a uillingness in both pairties to agree, They appointed Barroufield to Crave the provost pardon in name of toune and recommended to Barroufield to live peaceably as a good neighbour uith the toune of Glasgou in all tyme comming and the toune of Glasgou to Live in the same termes uith him In token wherof the provost and Barroufield did shake hands in presence of the committie and Barroufield att the committies command did Crave pardon of Douhill in name of the toune of Glasgow, and the Toune of Glasgou haveing in Ane accompt of the Expenceses of their proceses befor the committie against Barroufield Extending to Four hundred and Eightie one pounds Eleven shilling Scots the committie modified the said accompt to Tuenty pounds sterling and Decerned Barroufield to make payment of the same to the toune of Glasgow, and the [town] of Glasgou to make payment of the officers and uitnesses expencess out of the samen then modified and the committie Discharges the process on both sydes and declaires the same to be let fall as the said report Beares, The Lords of his majesties privie counsell upon the dait heirof Haveing Considered the writtine report of the Committie appoynted in the mutuall process att the instance of Robert Greenlies and Robert Yooll against […] Walkenshaw of Barroufield et etc: contra they have approven and heirby approves therof and interpones their decreit of authority therto and ordaines letters of horning on Fyfeteen dayes and others needfull to be direct heron informe as effeires

Att Edinburgh The Fyfetin day of Jully One thousand Sivenhundred and on years

D1701/7/121

Decreet

Decreet the Magistrats of Glasgow against Walkingshaw of Barrowfeild

Anent the Lybell or letters of Complent purchased and raised befor the Lors of his majesties privie counsell att the Instance of Robert Greenlies one of the toune officers of Glasgow And Robert Yuill ane of the bailies ther In behalf of the said burgh uith concourse of Sir James Steuart his majesties advocate for his hignes intrest in the matter underurittine Makeing mentione That wher by the laues of this and all other ueill governoued Realmes all men ought to live peacablie and keep the peace uithout Injury insulting or beating any persone or raiseing Tumoults or Contimationes contrary to the Law and particularly by the act of parliament Queen Mary Cap: Eighty three it is statute that none make privie conventiones and put on armour uithin burgh uithout the magistrats Licence And by the act of parliament James the sixth parliament Eighteen Cap: Siventeen the said prior act is ratified, and it is Farder statute that non Convocate or assemble uithin burgh Except they have Licence of the magistrats and that they doe nothing against the acts of parliament and Quiet of the burgh and all the Inhabitants of Burghs are ordained to assist the magistrats and ther2 officers For the suppressing of of Tumults under the pain to be punished as Fosterers of the saids tumults Nevertheless It is of verity that a pairt of our Forces Collonell Hamiltounes Redgement being quartered att Glasgou and ordered to Remain In ordour to their transportatione Conforme to our commands and it being necessary to furnish them uith baggage horses, The said Robert Yuill bailie Did upon the tuenty sixth day of march Last send some of the toune officers to provyde horses for the end forsaid conforme to the act of parliament which officers haveing betuixt Eight and ten att night Found tuo horses in the stable of one Hugh Hamiltoune and goeing to secure them for the forsaid service the people of the house closed the foirgate to stope them from so doeing, and all the sametyme John Ualkingshaw of Barrofield came to the place and Immediatly drew his suord and beat doun the said Robert Greenlies toune officer and uounded him uith his suord upon the syde of his head neer to the eye and gave him many strokes uith his suord and plumet therof and holding the poynt of his suord to his suord3 to his breast while he uas lyeing on the Ground threatned to kill him and that uithout any provocatione But upon the accompt forsaid allenarly Lykeas he suore maney terrible oaths especialy by the blised name of God that he should stick the dog And haveing brought the said tuo horses out of the stable to the Cross the said Barroufield uent to the street uith his suord drauen and suearing still maney dreadfull Oaths as by the uounds of God he cryed severall tymes to the ouners of the horse the dog And therby Convocate and gathered a great head a great many people and when the horseuer Brought furth he caused one to lead them befor him and marching uith his drauen suord after them Carried them out of the port to the great disorder of the Burgh contempt of the magistrats and scandell of the whole neighbourhead, off uhich unuarrantable oppositione To The magistrats Magistrats4 Commands Beating and blooding the toune officer suearing and prophaning the name of God and5 raisseing ane Rable and tumult uith ane naked suord in hand, the said John Walkenshaw is airt and pairt of one or other of the saids crymes uhich being tryen and proven befor the Lords of his majesties privie councill He ought to be Decerned in the soume of […] of Damnadges and also Furder punished for the forsaid ryot and tumult and manifast opostione to the magistrats In his majesties service In his persone and goods By decreet of the Lords of his majesties privie counsell to the exemple and terror of others to committ the lyke in tyme comming And Annent the Charge Given to the said Defender to have compeared befor the saids Lords of his majesties privie councill att ane certaine Day bygone to ansuear to the forsaid complaint And to thave heared and sseen such ordaour and Course taken theranent as appertained uith Cerficatione as in the principall lybell or Letters of complaint raised in the said matter uith the Executiones therof att mair lenth is Contained And Sicklyk anent the Lettares of Reconventione purchased and Raised befor the saids Lords of his majesties privy councill att the instance of the saids John Walkenshaw of Baroufield Robert Turner Richard Greenlies James Greenlies John Armerer Uilliam Mairtine Thomas Greins and David Uatsone tenents to the said John Ualkenshaw of Barroufield uith concourse of Sir James Steuart his majesties advocate for his majesties6 intrest In the matter underurittine Makeing Mentione that uher By the Rules of Society Laues constitutione and practises of this and all other ueill governed nationes and kingdomes all necessary Burdens and impositiones are laid on and Exacted by ane Equall proportione so that every member of the Society Residenter and subject in the kingdome may bear ane equall share and that no man be oppressed But every one bear ane Equall Burden As also by the good and uholsome Laues and acts of parliament Ratifieing and confirming the act of parliament One thousand sixhundred and Eighty one yeares, The act of privie Councill dated the fourtine day of Febry one thousand six hundred and nynty three yeares It is theirby statute and ordained that uhen it shall be necessar That the armey have use for baggage horses for transporting their baggage from place to place, That the armey or pairty haveing7 use for the said baggage horse be in a Burgh That the horse be umployed and made use of By the ordor of the commander and the magistrats of the Burgh joyntly and uher the horses are furnished and made use of in Launduart by order of the commander and of the commissioners of Supplie uithin the shire Lykeas by the nynth act of this seventh sessione of this our current parliament quartering of souldiers The forsaid act is confirmed and just and equall methods laid doun and penulties determined against those uho shall be guilty In the matter and therby Declaired that the same Executione shall Be Granted for Carriages as for quartering as Also By the Fourty Fifth Chapter parliament the second James the First It that all judges Doe and execute the law evenly and By the seventeen Chapter parliament the Sixth8 James the second it is statute that all officers uillfully tresspassing in their offices shall tyne the same for year and Day and by the Forsaid act of privie councill confirmed by act of parliament as aforsaid It is statute that ther Ther9 shall be payed of hyre for each horse one shilling six pennies for each myle and it shall Be laufull to keep any mans horse longer then Day Lykeas By the act of the last Sessione of parliament Anent the Security of the persones of our Leidges It is statute that no man be impresond uithout condescending upon and speciall and particular Cryme and that no persone be keept and detained in prisone after sufficient Baill and Cautione is offered for presenting the said persone to abyde and underlye the Law and that under the penalty contained in the said act as also by the law and practiques of this kingdome the spulzieing and masterfully auay taking of pleugh horse in tyme of Labouring is a Crime of a high nature and severly punishable Nevertheless It is of verity John Andersone of Dovehill provost of Glasgow Robert Yooll John Aird elder and John Uoodrop Bailies of the said burgh or one or other of them shakeing off all fear of God obedience and regaird to his majestie and his government and the laues and acts of parliament of this his majesties kingdome and the Rules of Christianity and Society the forsaid persones or ane or other of them Conceaveing a deadly prejudice malice heatred and envy against the said John Ualkenshaw of Barroufield and his tenents and Snatching all occasiones and oppertunities for oppressing the saids complainers Did upon one or other of the dayes of march last by past uhen the Redgement of foot under the Command of Collonell George Hamitloune uas to march from Glasgou and uhen applicatione uas made by the officers of the said Redgement Redgement10 three dayes befor their march that they hade need of sixteen horses for transporting their Ladies and baggadge the said John Anderssone and the other defendar albeit all that tyme ther uas ther thirty common Cairtners and ane hundred hyreing horses uhich uere constantly Imployed in such services Did cause give advertisment to the common Cairtners and horse hyrers to keep their horses out of the uay the day uhen11 the redgement uas to march and wheras the defendars ought to have proportioned the number of the horse and appointed the Cairters and horse hyrers to have been in Radienes But in stead therof the said defenders or ane or other of them did send to the complainers lands uhile his and his tenents horses uere plouing and in the harroues Albeit the complainers lands lyes not uithin the jurisdictione of the magistrats of Glasgou and Did unjustly unuarantaby and oppressfully take auay fourteen of the complainers and his tenents horses uheras the Regement hade only use for Sixteen and did pass by the common Cairterers and horse hyrers of the toune of Glasgow uhose only trade and Imployement it is to furnish Cairts and horses for transporting persones and baggages and as a farder evidence of the saids defenders their acts of oppressione, they hounde out and gave warrand to three toune officers upon one or other of the dayes of march last uho came under cloud of night att Eleven aclock uho broke open the doores of Richard Greenlies and Hugh Hamiltoune tuo for the complainers tenents houses uhale they uere in their beds and dragged them out of their beds and seased their horses and secured them in other stables for the space of tuo nights to the great prejudice of the horses and the tenents their labouring the seed lyeing one the Ground unharroued as also John Bonnar one of the complainers tenents Haveing his horses pleuing some land Belonging to John Luke Dovehills brother in Law uas excused from carrieing any of the Baggage But uhen after the Redgement uas marched and no more use for Baggage horses It uas told Dovehill that the said John Bonar uas one of the complainers tenents the said Jojhn uas committed to prisone untill he should furnish horses albeit ther uas no use for them as also the said Robert Yooll one of the bailies haveing Called David Watsone one of the complainers tennents to furnish horse for carrieing the baggage of the said Regement uere hyred by his master Barroufield and drauing in his masters pleugh Nevertheless the said Robert Yooll Bailie Did most urongously and unjustly commit the said David Uatsone to prisone untill he should furnish tuo horses upon his oun expenceses and continoued the said David in prisone albeit the complainer his master offered to beall him in the termes of the act of parliament as uill appear by instruments taken therupon Lykeas the complainers tennents horses being so masterfully pressed uere by the directione of the saids defendars carried not only to Kilsyth the first dayes jurney But Lykeuayes to Falkirk contrary to the act of parliament and express use and practiques in the Lyke caices, and uhen the tennents Cairts and horses uer returned In stead of recveing three pounds Scots for each Court as constant use is use is Ther uas no more given to them But tuo shilling sterling By all uhich It is evident that the said John Andersone and others who complained upon are guilty of manifast oppressione Injustice and Crooked judgement and of the breach of the rules and Laues of Society and of the acts of parliament and constitutiones of this and all other ueell governed nationes uhich being proven the fornamed persones and ilk ane of them ought not only to be Decerne to make up and repair the damnadges and losses sustained by the said complainers and his tenents and to pay the penalties and fynes contained in the acts of parliament anent wrongous imprisoment and to lose and tyne their offices of magistrats In not judgeing evenly But also farder punsihed in their persones and goods to the terror of others to doe the lyke in tyme comming And Anent The Charge given to the fornamed persones defendars to have compeared befor the Lords of his majesties privie to unsell att ane certaine day bygone to have heared and Ansuered12 to the forsaid complaind and to have heared and seen such order and course taken13 therannent as appertaining uith certificatione as in the principall lybell Reconventione and executiones therof Raised in the said matter att mair lenth is contained, And the Lybell of Reconventione the said Ualkenshaw of Barroufield Robert Turner and others his tenents against the pursuar in the principall lyble and other tuo of the magistrats of Glasgow viz John Aird elder and John Uodrop tuo principall Bailies being called the said Robert Greenlies and the said Bailie Yooll pursuares in the principall lybell and tuo of the defenders in the reconventione Compearing personaly and the said John Aird and John Uoodrope bailies being oft tymes called and not compearing Compeared Sir Alexander Home Sir David Dalrymple Mr Uilliam Carmichaell Mr Robert Steuart mr Francis Grant And Mr John Fergusone advocats for the defenders In the Reconventione, the first tuo of uhich are pursuars in the principall lybell, And the said Walkenshaw of Barroufield pursuar in the Reconventione and defender in the principall lybell Compearing personally uith Mr David Cunninghame Mr David Forbes, and Mr James Falconer and Mr James Hamiltoune Both lybles being read uith ansuears made to each of14 them By aither pairty respective And the saids Lords Haveing considered the saids Respective Lybells and ansueares therto and both pairties laueres being fully heared att the councill Barr they sustain both Lybles and admitts them to aither pairties probatione and the saids Lords Have excused and heirby excuses the Absence of the said John Aird elder and John Uardrop tuo of the present Bailies of Glasgow for their not Compearance, The, said John Andersone of Douhill present provost of Glasgow and the said Robert Yuill one of the present bailies therof personally Compearing and Inacting themselves in the books of his majesties privie counsell that the said John Aird and John Uardrope the tuo absent defenders shall obtemper and fullfill uhatsomever shall be determined or decerned by the saids Lords of his majesties privie Councill and the saids tuo absent bailies and the15 uitneses cited or being absent as marked in the Rolls haveing made faith all the Councill16 Barr the saids Lords nominats and appoynts, the Earle of Leven Lord Boyll Lord thesaurer deputt and justice Clerk Mr Francis Montgomry and the provost of Edinburgh to be a Comitty for examining of the saids uitneses Reserveing all objectiones uhich may be made against them to be proponed and Discussed against them Befor17 the said Commitie and declaires any tuo of them to be a sufficient quorum and recommends to them to meet the tuenty Fyfth day of Jully instant att ten in the forenoon and Grants Farder dilligence by Captione against the absent uitnesses in aither of the saids proceses and assignes the […] day of […] For18 doeing of the said farder dilligence Therafter The said action being moved upon the tenth day of Jully instant the Lords of his majeties privie councill Added the Earle of Melvill president of privie councill and the Marques of Annandale to the Committie allready appointed by his majesties privie Council upon the tuenty fourth of June last by past in the mutuall proces betuixt Robert Greenlies and Bailzie Yooll against Ualkenshaw of Barroufield et etc contra and continues the quorum of the said committie to be any tuo as formerly and recommended to the said committie to endeavour To19 settle and agree20 the Same to prepair the process and put it in such caice as it may be advysed by his majesties privie councill att their nixt meeting and recommended to the said committie to meet the eleventh jully instant att ten in the foornoon And accordingly the said commity haveing met upon the eleventh of Jully instant they made the report as folloues Committie anent process Greenlies and toune of Glasgou against Barroufield Sederunt Lord Marques of Annandale Lord Boyll Lord Justice Clerk and Mr Francis Montgomry Marques of Annandale ereceted preces, The committie haveing called both pairties Compeared Dowhill present provost of Glasgou for the toune therof and Barroufield compearing personaly for himself and the rest of the persuares in his proces, The committie finding a uillingness in both pairties to agree, They appointed Barroufield to Crave the provost pardon in name of toune and recommended to Barroufield to live peaceably as a good neighbour uith the toune of Glasgou in all tyme comming and the toune of Glasgou to Live in the same termes uith him In token wherof the provost and Barroufield did shake hands in presence of the committie and Barroufield att the committies command did Crave pardon of Douhill in name of the toune of Glasgow, and the Toune of Glasgou haveing in Ane accompt of the Expenceses of their proceses befor the committie against Barroufield Extending to Four hundred and Eightie one pounds Eleven shilling Scots the committie modified the said accompt to Tuenty pounds sterling and Decerned Barroufield to make payment of the same to the toune of Glasgow, and the [town] of Glasgou to make payment of the officers and uitnesses expencess out of the samen then modified and the committie Discharges the process on both sydes and declaires the same to be let fall as the said report Beares, The Lords of his majesties privie counsell upon the dait heirof Haveing Considered the writtine report of the Committie appoynted in the mutuall process att the instance of Robert Greenlies and Robert Yooll against […] Walkenshaw of Barroufield et etc: contra they have approven and heirby approves therof and interpones their decreit of authority therto and ordaines letters of horning on Fyfeteen dayes and others needfull to be direct heron informe as effeires

1. NRS, PC2/28, 105v-110v.

2. Insertion.

3. Sic.

4. Sic.

5. Insertion.

6. Insertion.

7. The suffix ‘-ing’ is an insertion.

8. The words ‘the Sixth’ are as insertion.

9. Sic.

10. Sic.

11. Insertion.

12. Corrected from ‘seen’.

13. Insertion.

14. The words ‘each of’ are an insertion.

15. Insertion.

16. Insertion.

17. Written over an illegible word.

18. Written over an illegible word.

19. Written over an earlier word.

20. The words ‘and agree’ are an insertion.

1. NRS, PC2/28, 105v-110v.

2. Insertion.

3. Sic.

4. Sic.

5. Insertion.

6. Insertion.

7. The suffix ‘-ing’ is an insertion.

8. The words ‘the Sixth’ are as insertion.

9. Sic.

10. Sic.

11. Insertion.

12. Corrected from ‘seen’.

13. Insertion.

14. The words ‘each of’ are an insertion.

15. Insertion.

16. Insertion.

17. Written over an illegible word.

18. Written over an illegible word.

19. Written over an earlier word.

20. The words ‘and agree’ are an insertion.

Sederunt, 15 July 1701, Edinburgh

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Att Edinburgh The Fyfetin day of Jully One thousand Sivenhundred and on years1

D1701/7/112

Sederunt

Lord Chancellor; Marquis of Annandalle; Earl of Marr; Earl of Lothian; Earl of Northesk; Viscount Teviot; Lord Mountgomry; Lord president of Sessione; Lord Advocate; Lord Justice Clerk; Lord Philliphaugh; Lord Halcraig; Lord Phesdo; Mr Frances Mountgomry; Laird of Grant

Att Edinburgh The Fyfetin day of Jully One thousand Sivenhundred and on years1

D1701/7/112

Sederunt

Lord Chancellor; Marquis of Annandalle; Earl of Marr; Earl of Lothian; Earl of Northesk; Viscount Teviot; Lord Mountgomry; Lord president of Sessione; Lord Advocate; Lord Justice Clerk; Lord Philliphaugh; Lord Halcraig; Lord Phesdo; Mr Frances Mountgomry; Laird of Grant

1. NRS, PC2/28, 105v.

2. NRS, PC2/28, 105v.

1. NRS, PC2/28, 105v.

2. NRS, PC2/28, 105v.

Act, 10 July 1701, Edinburgh

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Att Edinburgh The Tenth Day of Jully One Thousand seven hundred and One yeares

D1701/7/101

Act

Act Captain William Drummond and Dischargeing his former sentence and takeing of the fyne

Anent The petitione given in and presented To the Lord high Chancellor and Lords of his majesties privie counsell Be Captaine William Drummond Sheueth That where in the proces and Complaint pursued att the instance of Mr James Byres against the petitioner In which ther uas probatione led by the said Mr James Byres uhich lay sometyme over unadvysed be the Lords of his majesties privie counsell, The said James not insisting, But the Lords of his majesties privie counsell Haveing advysed the probatione upon Tuesday the Eight instant hath found the Lybell proven and have fyned the petitioner in the soume of Five hundred merks, and ordained the petitioner to Crave the Lords of his majesties privie counsell pardon and the said Mr James Byres and deliver the petitioners persone to the Lords of his majesties privie Councill macers to be imprisoned During the saids Lords of his majesties privie counsell that if the petitioner hade knouen that the saids Lords uould have advysed the said probabatione upon Tuesday last he uould in all duty uaited att the saids Lords Barr to have recived their sentance and given all due Obedience therto But the truth uas the petitionar uas in the Country the tyme the saids Lords pronunced the said Sentance and so soon as the petitionar uas acquented theruith my Friends he did instantly come and did deliver his persone in obedience to the saids Lords sentance to […] Gordon one of the saids Lords macers and is accordingly in the tolbooth of Edinburgh, The petitioner did humbly accknouledge the justice of the saids Lords sentance, and altho he hade great provocatione yet he did not in the least pretend to justifie his proceedings and behaviour in that matter touards Mr Byres and the petitionar is verry uilling to obey the the2 saids Lords of his majesties privie counsell in begging the saids Lords ther most humble pardone for the offence given to their Lordships and the said Mr Byres as the saids Lords of his majesties privie counsell hade ordained uhich the petitionar ingeniously Confessed did proceed from ane excess of passione uherof he uas not att the tyme master and the petitioner uith all humility represented to the saids Lords of his majesties privie counsell his present Circumstances uhich uas certainly knouen to some of the honourable Boord that as the petitioner hade served his majesty faithfully ever since his happie accessione to the Thron For the redgement uher the petitioner hade served haveing Broke, any little thing that he hade served in the service uhile he hade comisione the petitioner did verry Frankly spend the samen In his majesties service as a volunteer in Flanders for tuo Campaigns so that the petitioner is uterly unable to apy any Fyne his circumstance being such that he is hardly able to subsist himself But Does depend upon his majesties Bounty and favour uhen he shall think fitt to imploy him again In his majesties service untill such tyme the petitioner hade no mean of Livelyhood the subsistance he hade from his majesties favour Being nou taken auay By a Generall ordour The petitioner also humbly Remembred the saids Lords of his majesties privie Councill that the samen Ryot uas pursued By the The fiscall of Edinburgh and the petitioner uas necessitat ther to compear and uas necessitate ther to compear3 and uas by the Bailies ordor imprisoned and fyned in ane hundred pound uhich the petitioner uas necessitate to streatch his credit to pay as appeares by a discharge from all uhich that the petitioner is unable to pay any pairt of the said fyne or to subject himself himself4 heir in prisone and the petitioner being extreamly sensable of the offence given The petitioner Did humbly beg and Intreat that the saids Lords uould consider his circumstances and cause call him to the saids Lords their Barr and accept of his acknouledgement in the termes of the saids Lords of his majesties privie counsells interloquitor and be graciously pleased to Discharge his said fyne and dset his persone att liberty as the said petitione bears, The Lords of his majesties privie counsell haveing considered the above urittine petitione Given in to them by the abovementioned Captain Uilliam Drummond and petitione for James Byres merchant in Edinburgh and haveing called both James Byres and Captaine Drummond to the councill Barr, the said petitioner Craved pardone of the councill for his offence against the Government and also craved pardone of the said James Byres for offending him and the saids Lords In Resect of the petitioners good service to his majesties goverment and that the petitioners is att present out of service and But in a mean conditione, Therfor the saids Lords have Recalled and heirby Recalls their interloquitor pronunced by the saids Lords on Tuesday last and have discharged and heirby discharges the fine of Five hundred merks imposed by the saids Lords upon sight of the said petitione For uhich this shall be to all Concerned ane sufficient

Att Edinburgh The Tenth Day of Jully One Thousand seven hundred and One yeares

D1701/7/101

Act

Act Captain William Drummond and Dischargeing his former sentence and takeing of the fyne

Anent The petitione given in and presented To the Lord high Chancellor and Lords of his majesties privie counsell Be Captaine William Drummond Sheueth That where in the proces and Complaint pursued att the instance of Mr James Byres against the petitioner In which ther uas probatione led by the said Mr James Byres uhich lay sometyme over unadvysed be the Lords of his majesties privie counsell, The said James not insisting, But the Lords of his majesties privie counsell Haveing advysed the probatione upon Tuesday the Eight instant hath found the Lybell proven and have fyned the petitioner in the soume of Five hundred merks, and ordained the petitioner to Crave the Lords of his majesties privie counsell pardon and the said Mr James Byres and deliver the petitioners persone to the Lords of his majesties privie Councill macers to be imprisoned During the saids Lords of his majesties privie counsell that if the petitioner hade knouen that the saids Lords uould have advysed the said probabatione upon Tuesday last he uould in all duty uaited att the saids Lords Barr to have recived their sentance and given all due Obedience therto But the truth uas the petitionar uas in the Country the tyme the saids Lords pronunced the said Sentance and so soon as the petitionar uas acquented theruith my Friends he did instantly come and did deliver his persone in obedience to the saids Lords sentance to […] Gordon one of the saids Lords macers and is accordingly in the tolbooth of Edinburgh, The petitioner did humbly accknouledge the justice of the saids Lords sentance, and altho he hade great provocatione yet he did not in the least pretend to justifie his proceedings and behaviour in that matter touards Mr Byres and the petitionar is verry uilling to obey the the2 saids Lords of his majesties privie counsell in begging the saids Lords ther most humble pardone for the offence given to their Lordships and the said Mr Byres as the saids Lords of his majesties privie counsell hade ordained uhich the petitionar ingeniously Confessed did proceed from ane excess of passione uherof he uas not att the tyme master and the petitioner uith all humility represented to the saids Lords of his majesties privie counsell his present Circumstances uhich uas certainly knouen to some of the honourable Boord that as the petitioner hade served his majesty faithfully ever since his happie accessione to the Thron For the redgement uher the petitioner hade served haveing Broke, any little thing that he hade served in the service uhile he hade comisione the petitioner did verry Frankly spend the samen In his majesties service as a volunteer in Flanders for tuo Campaigns so that the petitioner is uterly unable to apy any Fyne his circumstance being such that he is hardly able to subsist himself But Does depend upon his majesties Bounty and favour uhen he shall think fitt to imploy him again In his majesties service untill such tyme the petitioner hade no mean of Livelyhood the subsistance he hade from his majesties favour Being nou taken auay By a Generall ordour The petitioner also humbly Remembred the saids Lords of his majesties privie Councill that the samen Ryot uas pursued By the The fiscall of Edinburgh and the petitioner uas necessitat ther to compear and uas necessitate ther to compear3 and uas by the Bailies ordor imprisoned and fyned in ane hundred pound uhich the petitioner uas necessitate to streatch his credit to pay as appeares by a discharge from all uhich that the petitioner is unable to pay any pairt of the said fyne or to subject himself himself4 heir in prisone and the petitioner being extreamly sensable of the offence given The petitioner Did humbly beg and Intreat that the saids Lords uould consider his circumstances and cause call him to the saids Lords their Barr and accept of his acknouledgement in the termes of the saids Lords of his majesties privie counsells interloquitor and be graciously pleased to Discharge his said fyne and dset his persone att liberty as the said petitione bears, The Lords of his majesties privie counsell haveing considered the above urittine petitione Given in to them by the abovementioned Captain Uilliam Drummond and petitione for James Byres merchant in Edinburgh and haveing called both James Byres and Captaine Drummond to the councill Barr, the said petitioner Craved pardone of the councill for his offence against the Government and also craved pardone of the said James Byres for offending him and the saids Lords In Resect of the petitioners good service to his majesties goverment and that the petitioners is att present out of service and But in a mean conditione, Therfor the saids Lords have Recalled and heirby Recalls their interloquitor pronunced by the saids Lords on Tuesday last and have discharged and heirby discharges the fine of Five hundred merks imposed by the saids Lords upon sight of the said petitione For uhich this shall be to all Concerned ane sufficient

1. NRS, PC2/28, 104r-105r.

2. Sic.

3. Sic.

4. Sic.

1. NRS, PC2/28, 104r-105r.

2. Sic.

3. Sic.

4. Sic.

Sederunt, 10 July 1701, Edinburgh

Posted on by

Att Edinburgh The Tenth Day of Jully One Thousand seven hundred and One yeares1

D1701/7/92

Sederunt

Lord Chancellor; Earl of Melvill; Marquis of Annandeall; Earl of Lauderdall; Earl of Leven; Earl of Selkirk; Earl of Northesk; Earl of Forfar; Viscount Teviot; Lord Montgoumry; Lord Boyle; Lord president of Session; Lord Advocate; Lord Thesaurer depute; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Rankeillor; Lord Phesdo; Mr Frances Montgomry; Laird of Grant

Att Edinburgh The Tenth Day of Jully One Thousand seven hundred and One yeares1

D1701/7/92

Sederunt

Lord Chancellor; Earl of Melvill; Marquis of Annandeall; Earl of Lauderdall; Earl of Leven; Earl of Selkirk; Earl of Northesk; Earl of Forfar; Viscount Teviot; Lord Montgoumry; Lord Boyle; Lord president of Session; Lord Advocate; Lord Thesaurer depute; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Rankeillor; Lord Phesdo; Mr Frances Montgomry; Laird of Grant

1. NRS, PC2/28, 104r.

2. NRS, PC2/28, 104r.

1. NRS, PC2/28, 104r.

2. NRS, PC2/28, 104r.

Act, 8 July 1701, Edinburgh

Posted on by

Att Edinburgh The Eight day of Jully 1701

D1701/7/81

Act

[Act for Mr William Chiesly]

Annent The petitione Given in and presented to the Lords of his majesties privie counsell Be Mr Uilliam Chiesly uritter to the signet Shewing That Archbald Chiesly the petitioners sone By ordour of the Lords of his majeties privie counsell haveing been sett at liberty from the tolbooth of the Cannongate uher by uarrand of the saids Lords of his majesties privie counsell he uas comitted prisoner for his outragious and untaturall deportment touards the petitioner He no sooner obtained this favour But by his clamour and att the instigatione of James Hamiltoune kepper of that tolbooth The said Archibald Chiesly Lykeuayes prevailed to get ane ordor appointing the prisone dues to be payed by the petitionar uithout allouing him ane hearing therannent and seeing the said James Hamiltoune hath but recently acquented the petitioner uith the said ordour He humbly beggs Liberty to represent to the saids Lords that he can no uayes be lyable in payment of the said prisone deues primo Because he made full payment to the said James Hamiltoune of the soumes of money modified by a Commity of the Lords of his majesties privie counsells number to be payed by him from tyme to tyme upon the petitioners sones accompt during his imprisonent and therfor ought not to be farder troubled for prisone deues Secundo since the said Archbad Chiesfly uas sett at Liberty the petitioner hath payed to him a considerable soume upon his discharge in satisfactione of all he could ask of the petitioner or could be laid to his charge on the accompt of his said sone so that the accompt is therin Included, Tertio It is ueell knowen to his some of the Lords of his majesties privie counsells number that the petitioner is not in a conditione to pay any furder soumes of money to or for his said sone then uhat he hade payed and therfor the said Archibald Cheisly should pay the prison2 deues out of the money he hath got from the petitioner And Therfor Craveing that It might please the saids Lords to find that the petitioner no uayes lyabel for the said prisone But that James Hamiltoune should seek his payment otheruayees as he best can or att least that the saids Lords of his majesties privie counsell uould allou the petitionar ane heareing upon the premises and in the meantyme to discharge all executione one the forme act theranent His majesties high commissionar and the Lords of his majesties privie counsell haveing haveing3 heard the uithin writtine petitione given in to them be the uithin Mr Uilliam Chisly Read in ther presence they heirby allou Archibald Chiesly the petitioners sone and James Hamiltoune keeper of the Cannongate Tolbooth to see and ansuer the same and in the mean tyme sists any executione att the instance of aither of the saids Archbald Chiesly or James Hamiltoune against the petitioner for the uithin house dewes uhich petitione Being upon the day and dait of thir presents read in presence of the saids Lords, The Lords of his majesties privy counsell haveing considered the writtin petitione given in to them be the uithin Mr Uilliam Chiesly and ansueares made therto for James Hamiltoun keeper of the Cannongate tolbooth they heirby Decerne and Ordaines the said Mr Uilliam Chiesly to make payment to the said James Hamiltoune of the jaylor fies due by Archibald Chiesly sone to the said petitioner from the thirtine day of may One thousand six hundred and nynty siven years to the tuenty seventh day of February One thousand siven hundred yeares being one thousand and three dayes uhich att half a merk scots4 each day as the dues To the keeper of the prisone Extends to the soume of Three hundred and thirty Four pounds six shilling Eight pennies scots money and also the soume of seventine pounds eight shilling money forsaid being six Rex dollairs for the servants deues in the said prisone during the tyme forsaid Extending both the saids soumes to the soumd of three Hundred and Fifty one pounds Fourteen shilling Eight pennies money forsaid and ordaines letters of horning on Fiftine dayes Charge and others executorialls needfull to be direct heiron in Forme as effeirs

Att Edinburgh The Eight day of Jully 1701

D1701/7/81

Act

[Act for Mr William Chiesly]

Annent The petitione Given in and presented to the Lords of his majesties privie counsell Be Mr Uilliam Chiesly uritter to the signet Shewing That Archbald Chiesly the petitioners sone By ordour of the Lords of his majeties privie counsell haveing been sett at liberty from the tolbooth of the Cannongate uher by uarrand of the saids Lords of his majesties privie counsell he uas comitted prisoner for his outragious and untaturall deportment touards the petitioner He no sooner obtained this favour But by his clamour and att the instigatione of James Hamiltoune kepper of that tolbooth The said Archibald Chiesly Lykeuayes prevailed to get ane ordor appointing the prisone dues to be payed by the petitionar uithout allouing him ane hearing therannent and seeing the said James Hamiltoune hath but recently acquented the petitioner uith the said ordour He humbly beggs Liberty to represent to the saids Lords that he can no uayes be lyable in payment of the said prisone deues primo Because he made full payment to the said James Hamiltoune of the soumes of money modified by a Commity of the Lords of his majesties privie counsells number to be payed by him from tyme to tyme upon the petitioners sones accompt during his imprisonent and therfor ought not to be farder troubled for prisone deues Secundo since the said Archbad Chiesfly uas sett at Liberty the petitioner hath payed to him a considerable soume upon his discharge in satisfactione of all he could ask of the petitioner or could be laid to his charge on the accompt of his said sone so that the accompt is therin Included, Tertio It is ueell knowen to his some of the Lords of his majesties privie counsells number that the petitioner is not in a conditione to pay any furder soumes of money to or for his said sone then uhat he hade payed and therfor the said Archibald Cheisly should pay the prison2 deues out of the money he hath got from the petitioner And Therfor Craveing that It might please the saids Lords to find that the petitioner no uayes lyabel for the said prisone But that James Hamiltoune should seek his payment otheruayees as he best can or att least that the saids Lords of his majesties privie counsell uould allou the petitionar ane heareing upon the premises and in the meantyme to discharge all executione one the forme act theranent His majesties high commissionar and the Lords of his majesties privie counsell haveing haveing3 heard the uithin writtine petitione given in to them be the uithin Mr Uilliam Chisly Read in ther presence they heirby allou Archibald Chiesly the petitioners sone and James Hamiltoune keeper of the Cannongate Tolbooth to see and ansuer the same and in the mean tyme sists any executione att the instance of aither of the saids Archbald Chiesly or James Hamiltoune against the petitioner for the uithin house dewes uhich petitione Being upon the day and dait of thir presents read in presence of the saids Lords, The Lords of his majesties privy counsell haveing considered the writtin petitione given in to them be the uithin Mr Uilliam Chiesly and ansueares made therto for James Hamiltoun keeper of the Cannongate tolbooth they heirby Decerne and Ordaines the said Mr Uilliam Chiesly to make payment to the said James Hamiltoune of the jaylor fies due by Archibald Chiesly sone to the said petitioner from the thirtine day of may One thousand six hundred and nynty siven years to the tuenty seventh day of February One thousand siven hundred yeares being one thousand and three dayes uhich att half a merk scots4 each day as the dues To the keeper of the prisone Extends to the soume of Three hundred and thirty Four pounds six shilling Eight pennies scots money and also the soume of seventine pounds eight shilling money forsaid being six Rex dollairs for the servants deues in the said prisone during the tyme forsaid Extending both the saids soumes to the soumd of three Hundred and Fifty one pounds Fourteen shilling Eight pennies money forsaid and ordaines letters of horning on Fiftine dayes Charge and others executorialls needfull to be direct heiron in Forme as effeirs

1. NRS, PC2/28, 103r-103v.

2. Insertion.

3. Sic.

4. Insertion.

1. NRS, PC2/28, 103r-103v.

2. Insertion.

3. Sic.

4. Insertion.

Decreet, 8 July 1701, Edinburgh

Posted on by

Att Edinburgh The Eight day of Jully 1701

D1701/7/71

Decreet

Decreet Byres against Drummond

Anent The principall letters of complaint Raised and pursued befor the Lords of his majesties privy counsell att the instance of James Byres merchant in Edinburgh uith concourse of Sir James Steuart his majesties advocate For his highnes Intrest Makeing Mentione That aither By the law of this and all other uell governed nationes the insulting defameing and Beating his majesties free Leidges uith manifast intentione to murder them especially by ane open violation of the publict peace upon the high street of his majesties principall City of Edinburgh in full daylight and that uithout any previouse provocatione and aggragat uith prophane and godles oaths against a pairty innocent and unarmed are Crymes of a high nature and Sevirely punishable Yet Nevertheless It is of verity That the said James Byres Complainer being upon the high Street of his majesties City of Edinburgh befor Milnsquair opposite to the Tron Church upon the fourth Day of March last by past standing uith John Jamesone Captain William Drummond sometyme in the Lord Jedburghs Redgement of Dragounes and George Dow his servant came up to the said James uho uas unarmed and the said Captain William Drummond haveing his suord about him and his staff in his hand told the said James Byres the complainers uith Execrable oaths, That the said Complainer ought to have his nose cutt off, and uhen the complainer ansuered that the expressione uas unmannerly And desyred to knou the defenders quarrell, The said Captain William Drummond defender told the complainer the he hade maletreated Serjant McGregor alias Drummond in Caledonia and when the complainer told the said defender, That he uould not Satisfie questiones asked in so rude a manner The said Captain Uilliam Drummond defender Gave the said Complainer scurroulus and infamous Languadge and the said defender haveing lift his kain, and being therupon seized by the said complainer the defender upon his desyre and promise not to use violence uas let goe, yet he did afteruards maliciously and treacherously not only threaten aloud in verry opprobreous termes, That he uould cause some persone cropt the complainers eares, and Immediatly in sight and hearing of the multitude the said Captain Drummond defender, gave his kayne to the said [..] Dou his servant and pointing at the said complainer and calling him by insolent and opprobreous names, Ordered his said servant to beat the Complainer, and not desist till he knoked him doun to the ground dead, uhich the said servant Did Crewly and attrociously put in Executione And Albeit the said James Byres complainer did Declair to the bystanders that he would no ~~as~~ so much as offer to strick att the said […] Dou the Captains footman and did actualy abstain and barely endeavoured to uard off the bloues yet the said servant Did in his masters presence and by his ordour Cruely assault and beat the said complainer and uhen the Complainers feet hade slipt and his hate and periuig uere beat off, yet the said […] Dou by his masters ordor did Continuou to beat the complainer upon the heare head wherby the said complainer uas uounded and bruised, and And the said Captaine William Drummond Did call to the said […] Dow his servant in the mean tyme Dame you for a Rascall knock him Doun after uhich both the said master and servant did in most uickedly and courdly uay fall upon the said James Byres complainer and threw him to the ground beating him in a most barberous manner to the effusione of his blood and hazard of his lyfe to the great contempt of his majesties authority and reproach of justice and good ordour By all uhich the saids defenders and Ilk ane of them are guilty airt and pairt of the Crymes abovelybelled and ought to be Decerned to make payment to the said complainer of his damnadges extending to the soume of tuelve hundred pounds Scots and otheruayes to Repair the said complainer, and the saids defenders to be punished in their persones and goods to the terror of others to committ and doe the lyke in tyme comming. Annent the Charge given to the saids haill fornamed persones defenders to have compeared befor he saids Lords of his majesties privy councill att ane certain day nou by gone to have ansuered to the ground of the writtine complaint and to have heared and seen such ordoures and course taken theranent as appertaines under the pain of Rebellione etc: as in the said Lybell or letters of complaint and executiones therof att more lenth is contained uhich Lybell being upon the Eleventh day of march last by past Called In presence of the Lords of his majesties privie counsell Councill2 and the said pursuar Compearing personally uith Sir James Steuart his majesties advocate Mr David Dalrymple, and Mr James Gellie his advocats and the said Captain William Drummond one of the defenders Compearing personally and the said George Dow the other defender being laufully cited often tymes caled and not compearing And […] Cockburne younger of Langtoune Mr David Forbess and Mr James Hamiltoune compearing as advocats for both the saids defenders, The Lybell and ansueareres made therto for the saids defenders being both read and both pairties fully heard att the barr, The councill addmitts the lybell to the pursuares probatione notuithstanding of the alleadgance made for the defender, That res est haili Judicata, the said Defender haveing been fyned by the magistrats of Edinburgh for the cryme lybled, And the saids Lords Grants certification against the said George Dow defender called and not compearing In respect of his absence and not compearing and ordaines Letters of denunciatione to be direct to macers or messangers att armes to pass to the mercat cross of […] and other places needfull and therat in his majesties name and authority duely laufully and ordourly Renunce the said George Dow his majesties Rebell and put him to his hignes horen and ordain all his moveable goods and gear to be escheat and inbrought to his majesties use for his contempt and disobedience and the uitneses haveing compeared and made faith or being absent as marked on the roll the saids Lords Grants Farder uarrand against the uitneses absent and not compearing by captaione untill the […] day of […] and nominats and appoynts the Lord justice Clerk Lords Aberuchill, Crosrig and Phesdo to be ane Comity to examine the uitnesses compearing and makeing Faith and declaires any tuo of the above named Commitie to be a sufficient quorum and appoynts them to meet the morrow att ten in Fornoon And reserves all objectiones against the uitnesses to be proponed and Discussed befor the said Ccommittie, The Lords of his majesties privie council upon day and dait of thir presents haveing Advysed the process raised befor them att the instance of the abovenamed James Byres against Captaine William Drummond and George Dou his servant and haveing considered the depositiones of the uitnesses they Find the poynts and articles of the lyble sufficiently proven and therfor have fyned and heirby Fynes the said Captain Uilliam Drummond in the soume of Five hundred merks scots money and Decerns and Ordains the said Captain Uilliam Drummond instantly to make payment to his majesties Generall Reciver of his majesties rents of the said soume and gives ordeur and uarrand to macers of privy counsell messangers att armes or other officers of the Law to take and apprehend the persone of the said Captaine Uilliam Drummond and to put him into the tolbooth of Edinburgh till he make payment of the said Fyne and farder during the councills pleasure and decerns and ordains the said Captainne Uilliam Drummond to Appear befor the councill and to aske and Crave pardon of their Lordships for his urong done to the goverment and Farder to ask and Crave pardon of the said James Byres pursuer for the urong done by the said Captaine to him

Att Edinburgh The Eight day of Jully 1701

D1701/7/71

Decreet

Decreet Byres against Drummond

Anent The principall letters of complaint Raised and pursued befor the Lords of his majesties privy counsell att the instance of James Byres merchant in Edinburgh uith concourse of Sir James Steuart his majesties advocate For his highnes Intrest Makeing Mentione That aither By the law of this and all other uell governed nationes the insulting defameing and Beating his majesties free Leidges uith manifast intentione to murder them especially by ane open violation of the publict peace upon the high street of his majesties principall City of Edinburgh in full daylight and that uithout any previouse provocatione and aggragat uith prophane and godles oaths against a pairty innocent and unarmed are Crymes of a high nature and Sevirely punishable Yet Nevertheless It is of verity That the said James Byres Complainer being upon the high Street of his majesties City of Edinburgh befor Milnsquair opposite to the Tron Church upon the fourth Day of March last by past standing uith John Jamesone Captain William Drummond sometyme in the Lord Jedburghs Redgement of Dragounes and George Dow his servant came up to the said James uho uas unarmed and the said Captain William Drummond haveing his suord about him and his staff in his hand told the said James Byres the complainers uith Execrable oaths, That the said Complainer ought to have his nose cutt off, and uhen the complainer ansuered that the expressione uas unmannerly And desyred to knou the defenders quarrell, The said Captain William Drummond defender told the complainer the he hade maletreated Serjant McGregor alias Drummond in Caledonia and when the complainer told the said defender, That he uould not Satisfie questiones asked in so rude a manner The said Captain Uilliam Drummond defender Gave the said Complainer scurroulus and infamous Languadge and the said defender haveing lift his kain, and being therupon seized by the said complainer the defender upon his desyre and promise not to use violence uas let goe, yet he did afteruards maliciously and treacherously not only threaten aloud in verry opprobreous termes, That he uould cause some persone cropt the complainers eares, and Immediatly in sight and hearing of the multitude the said Captain Drummond defender, gave his kayne to the said [..] Dou his servant and pointing at the said complainer and calling him by insolent and opprobreous names, Ordered his said servant to beat the Complainer, and not desist till he knoked him doun to the ground dead, uhich the said servant Did Crewly and attrociously put in Executione And Albeit the said James Byres complainer did Declair to the bystanders that he would no ~~as~~ so much as offer to strick att the said […] Dou the Captains footman and did actualy abstain and barely endeavoured to uard off the bloues yet the said servant Did in his masters presence and by his ordour Cruely assault and beat the said complainer and uhen the Complainers feet hade slipt and his hate and periuig uere beat off, yet the said […] Dou by his masters ordor did Continuou to beat the complainer upon the heare head wherby the said complainer uas uounded and bruised, and And the said Captaine William Drummond Did call to the said […] Dow his servant in the mean tyme Dame you for a Rascall knock him Doun after uhich both the said master and servant did in most uickedly and courdly uay fall upon the said James Byres complainer and threw him to the ground beating him in a most barberous manner to the effusione of his blood and hazard of his lyfe to the great contempt of his majesties authority and reproach of justice and good ordour By all uhich the saids defenders and Ilk ane of them are guilty airt and pairt of the Crymes abovelybelled and ought to be Decerned to make payment to the said complainer of his damnadges extending to the soume of tuelve hundred pounds Scots and otheruayes to Repair the said complainer, and the saids defenders to be punished in their persones and goods to the terror of others to committ and doe the lyke in tyme comming. Annent the Charge given to the saids haill fornamed persones defenders to have compeared befor he saids Lords of his majesties privy councill att ane certain day nou by gone to have ansuered to the ground of the writtine complaint and to have heared and seen such ordoures and course taken theranent as appertaines under the pain of Rebellione etc: as in the said Lybell or letters of complaint and executiones therof att more lenth is contained uhich Lybell being upon the Eleventh day of march last by past Called In presence of the Lords of his majesties privie counsell Councill2 and the said pursuar Compearing personally uith Sir James Steuart his majesties advocate Mr David Dalrymple, and Mr James Gellie his advocats and the said Captain William Drummond one of the defenders Compearing personally and the said George Dow the other defender being laufully cited often tymes caled and not compearing And […] Cockburne younger of Langtoune Mr David Forbess and Mr James Hamiltoune compearing as advocats for both the saids defenders, The Lybell and ansueareres made therto for the saids defenders being both read and both pairties fully heard att the barr, The councill addmitts the lybell to the pursuares probatione notuithstanding of the alleadgance made for the defender, That res est haili Judicata, the said Defender haveing been fyned by the magistrats of Edinburgh for the cryme lybled, And the saids Lords Grants certification against the said George Dow defender called and not compearing In respect of his absence and not compearing and ordaines Letters of denunciatione to be direct to macers or messangers att armes to pass to the mercat cross of […] and other places needfull and therat in his majesties name and authority duely laufully and ordourly Renunce the said George Dow his majesties Rebell and put him to his hignes horen and ordain all his moveable goods and gear to be escheat and inbrought to his majesties use for his contempt and disobedience and the uitneses haveing compeared and made faith or being absent as marked on the roll the saids Lords Grants Farder uarrand against the uitneses absent and not compearing by captaione untill the […] day of […] and nominats and appoynts the Lord justice Clerk Lords Aberuchill, Crosrig and Phesdo to be ane Comity to examine the uitnesses compearing and makeing Faith and declaires any tuo of the above named Commitie to be a sufficient quorum and appoynts them to meet the morrow att ten in Fornoon And reserves all objectiones against the uitnesses to be proponed and Discussed befor the said Ccommittie, The Lords of his majesties privie council upon day and dait of thir presents haveing Advysed the process raised befor them att the instance of the abovenamed James Byres against Captaine William Drummond and George Dou his servant and haveing considered the depositiones of the uitnesses they Find the poynts and articles of the lyble sufficiently proven and therfor have fyned and heirby Fynes the said Captain Uilliam Drummond in the soume of Five hundred merks scots money and Decerns and Ordains the said Captain Uilliam Drummond instantly to make payment to his majesties Generall Reciver of his majesties rents of the said soume and gives ordeur and uarrand to macers of privy counsell messangers att armes or other officers of the Law to take and apprehend the persone of the said Captaine Uilliam Drummond and to put him into the tolbooth of Edinburgh till he make payment of the said Fyne and farder during the councills pleasure and decerns and ordains the said Captainne Uilliam Drummond to Appear befor the councill and to aske and Crave pardon of their Lordships for his urong done to the goverment and Farder to ask and Crave pardon of the said James Byres pursuer for the urong done by the said Captaine to him

1. NRS, PC2/28, 101r-102v.

2. Sic.

1. NRS, PC2/28, 101r-102v.

2. Sic.

Sederunt, 8 July 1701, Edinburgh

Posted on by

Att Edinburgh The Eight day of Jully 17011

D1701/7/62

Sederunt

Lord Chancellor; Marquis of Annandale; Earl of Craufoord; Earl of Lauderdale; Earl of Leven; Earl of Northesk; Earl of Forfar; Viscount Teviot; Lord Mountgomry; Lord Boyle; Lord president of sessione; Lord Advocate; Lord Justice Clerk; Lord Philliphaugh; Lord Halcraigh; Lord Rankeillor; Lord Phesdo; Mr Frances Mountgomry; Laird of Grant

Att Edinburgh The Eight day of Jully 17011

D1701/7/62

Sederunt

Lord Chancellor; Marquis of Annandale; Earl of Craufoord; Earl of Lauderdale; Earl of Leven; Earl of Northesk; Earl of Forfar; Viscount Teviot; Lord Mountgomry; Lord Boyle; Lord president of sessione; Lord Advocate; Lord Justice Clerk; Lord Philliphaugh; Lord Halcraigh; Lord Rankeillor; Lord Phesdo; Mr Frances Mountgomry; Laird of Grant

1. NRS, PC2/28, 101r.

2. NRS, PC2/28, 101r.

1. NRS, PC2/28, 101r.

2. NRS, PC2/28, 101r.