Tag Archives: decreta

Act, 5 January 1699, Edinburgh

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Att Edinburgh The Fifth day of January Jaj vic Nyntie Nyne years

D1699/1/21

Act

Act In the suspensione Gordons Against Grant and Wiseman

Anent The bill of suspensione given in and presented to the Lords of his majesties privy Councill be George and John Gordone, Lawfull Sones to George Gordone of Rothemay and William Logie eldest Lawfull Sone to John Logie of Boddom, and the saids George Gordon of Rothemay and John Logie of Boddom for their interest Shewing That wher in ane Court holden by the Commissioners of Justiciary for the Northern districk within the Tolbooth of Elgine upon the Twentie Second day of November Last by past, The saids George and John Gordons sones to Rothemay and William Logie sone to the said John Logie were denounced decerned and declaired fugitives and outlawes by his Majesties Lawes and acts of parliament, and to have no benefit therof in all time therafter and their moveable goods and geir to be Escheet and inbrought to James Wiseman their procurator phiscall and Collector of […] for the use of the saids Commissioners For their not Compearing personally before the saids Commissioners upon the said day to answer to the points of ane Lybell and Complaint raised and execute against them to the Saids Commissioners at the instance of John Grant of Ballindalloch and Alexander Grant of Kirkdaills his brother german and nearest of kine to Patrick Grant […] with Concourse of James Wiseman procurator Fiscall to the saids Commissioners Wherby […] and lybell against the petitioners That upon the Twentie fifth of October Last by past or ane or other of the dayes of the said moneth The saids George and John Gordons and William Logie […] Did Fraudulently and upon ane evill Designe intice and draw away Patrick2 Grant from his dwalling house at the kirktoune of Byne and haveing brought him […] of Insh wher they alleadge the petitioners and their Complices waited for the said Patrick Grant […] being armed with pistolls Guns and Swords etc Did most murderously fall upon the said Patrick Grant and beat and Wound him in the head and draw him throw the house and Closs […] of Insh and that the petitioners should have fired and shott severall pistolls at the said Patrick Grant […] received seaverall shotts and Wounds in the body and particularly ane most mortall Wound by a Shott in the head from a pistoll Loaded with Haill, Sluggs and Culted Lead Which break his Jaw-bone As the Samen is more fully Narrated in the Complaint given in against the petitioners and narrated in the forsaid Decreet as also upon the twentie thrid day of the said moneth of November Last the said John Logie of Boddom was fyned, and amerciat by the saids Commissioners in the Soume of Two Hundred merks Scots money to be payed to their said procurator Fiscall for his not presenting the said William Logie his sone and John Patersone his Servant to Justice, as ane Extract of the forsaid decreet under the hand of the Clerk of Court therwith produced would testifie, Against which decreet and Sentance the petitioners Ought to be reponed and the Samen Suspended and the petitioners relaxed for the reasones and Causes following Primo the saids Commissioners by the said decreet Comitted manifast iniquity, In so farr as that the petitioners haveing Compeared before the saids Commissioners of Justiciary by Mr Alexander Lesslie and Patrick Murisone their procurators, and Craved that the saids Commissioners would allow them to debate and give in in wryt severall reasones and grounds of Law why the petitioners were not oblidged or could Compear to answer before them, Which the Saids Commissioners altogither refused to admitt or accept off, or to hear any defences given in for the petitioners unless they were personally present, as by their interloquitor in the said decreet marked on the margine with the figure (thrid) therwith produced would testifie Secundo the saids procurators being debarred from proponeing their Lawfull defences betook themselves to the nixt remeedy by drawing them up in wryt and gave them in to the Clerk of Court And wherupon took instruments which are as followes Viz primo that they were not cited upon a Competent number of dayes as appeared by the executione Secundo that the petitioners were neither Cited personally nor at their dwalling places or marcat Cross of the Shyre wher they Lived as wes Observall and necessary in all Criminall Citationes Which the execution did Likways instruct Tertio that the Copies alleadged to be given the petitioners did neither bear the witnesses names nor designations Quarto they offered positively to Improve3 the executiones alledged to have been given against the petitioners Quinto they could not appear before the saids Justiciars without the eminent danger of ther Lives not haveing tutus accessus to the said Court for the Saids John and Alexander Grants haveing formerly threatened to murder the petitioners and they haveing at the time convocat, and brought with them to the toune of Elgine two hundred men at least, and most of them being nottorious rebells and Slight men Who have never Imbraced the benefit of his majesties indemnity and haveing placed them at severall posts near the toune Court house to have Shot and murdered the petitioners if they should have Compeared at the said Court the petitioners were necessitate to Lurk in the toune for Some tyme, and therafter to retire out at a back gate for fear of being murdered and assacinated by the said proffligat rebells and Ruffians Sexto That the matter Complained of beign only a Scuffle wherupon neither death nor Mittulation hade followed The Samen did no wayes fall under the Compass of their Commission Especially Seing the Samen was res hacteng Judicata by the Shiriff of Aberdeen within whose bounds the Scuffle hapned all which defences being Competent against the executiones and Impeditive processes were Nevertheless rejected by the saids Commissioners in a most arbitrary maner and Contrair to all Law and inviolable forme of process as Instruments taken therupon under the hand of the Clerk of Court therwith produced would testifie Tertio Patrick Grant alleadged injured was not at all Compearing or Complaineing Neither was their any warrand from him produced Impowering either his brother or the procurator Fiscall or any other persone insist in any Such Complaint, And albeit brothers and relations may persew and insist for the death and Slaughter of their freinds, yet for privat injuries Such as blood and Battery alleadged given to any persone as of threttie years of age and upwards was never allowed to be insisted in at the instance of any freind or relatione without a Speciall mandat and Commission from the persone himself who is alleadged to receive Such injuries and it was pars judicis for these Commissioners to have noticed Such Nullities in Lybells before them, and the sustaining therof at the instance of the Saids pursuers for the injurie alledged to have been done and Committed upon the person of the said Patrick Grant their brother was altogither Illegall unjust and without warrand, Likeas the Lybell and Complaint was and is in it self absolutely false and groundless in every point, And was evident by this That albeit it was their Lybelled against the petitioners that the said Patrick Grant was either actually dead, or in adyeing Conditione past all hopes of recovery, yet the said Patrick Grant is at this present hour in perfect health as ane testificat therof under the hand of Patrick Cushney his Chirurgeon and of knowen fame and reputation therwith produced would testifie Quarto as the said Patrick Grant was not at all Compleaner in the said proces So neither could he have the Confidence to insist in any Complaint or proces upon the grounds therin contained, It being clear and undenyable that he himself was author and only person who began that pretended Scuffle, He himself being the only agresser and haveing pulled William Logie younger of Boddem to the ground and tread upon him with his feet, and when he was so beatt and no able to rise, Bot lying upon his back, So Cruell and barbarouse was the said Patrick Grant, That he drew and Cockt a pistoll of designe to have Shott him dead, when he was Lying upon the ground as said is, and which undoubtedly he would have effectuated if by Providence John Patersone, hade not diverted him by fyreing a pistoll with Some Small graith at his face, and therby diverting him from his Cruell intended murder against the said William Logie, Quinto for verifieing that the forsaid decreet and sentance proceeds without any Citatione against the petitioners either personally or at their dwalling places, or at the head burgh of the Shyre wher the petitioners Lives the extract of the said decreet therwith produced and opponed at the figure (1) on the Margine, and for verifieing that the said pretended ryot or Battarie was res Judicata prior to the attatchment of the saids Interloquitor4 ane extract of the decreet pronounced by the Shirreff of Aberdeen theranene dated the Eightein day of november Last Likewayes therwith produced would testifie, And therfore the forsaid decreet and sentance ought to be Suspended and the petitioner relaxed and Nevertheless the petitioners were Content to find Cautione Incase etc And Therfore Humbly Craveing the saids Lords would Grant warrand for Letters to Sumond the Said John and Master Alexander Grants pretended persewars and the said procurator Fiscall for his intrest etc To have Compeared before the saids Lords at ane Certain day Bringing with them the forsaid present Decreet etc And to have heard and Seen the Samen Suspended and the petitioners relaxed etc as in the said bill of suspensione at more Length is Contained Which bill of suspension at the instance of the said John and George Gordons and others against Grants and Wiseman Chargers and answers made therto5 Being this day read in presence of the saids Lords of his majesties privy Councill They Have Refused and hereby Refusses to pass the said bill of suspension And Ordaines George Gordon eldest Lawfull sone to John Gordon of Rothemay to be instantly taken into custody by the Macers of privy Councill untill he give bond and find sufficient Caution acted in the books of privy Councill, That he shall answer as Law will to the Commissioners of Justiciary within the northern district at their first meetting at the toune of Elgtine in the moneth of march nixt, and therafter at such other dyets as shall be appointed by the saids Commissioners from time to time to which he shall be requyred to attend by the Citatione personally or at his fathers dwalling house, and answer to the Crimes Contained in the decreet Charged on, or which shall be otherwayes Laid to his charge theranent under the penaltie of Two Thousand merks Scots incase he shall transgress in any part of the premisses and incase he do not instantly find Caution Ordaines him to be Committed prisoner within the Tolbooth of Edinburgh therin to remaine dureing the Councills pleasure.

Att Edinburgh The Fifth day of January Jaj vic Nyntie Nyne years

D1699/1/21

Act

Act In the suspensione Gordons Against Grant and Wiseman

Anent The bill of suspensione given in and presented to the Lords of his majesties privy Councill be George and John Gordone, Lawfull Sones to George Gordone of Rothemay and William Logie eldest Lawfull Sone to John Logie of Boddom, and the saids George Gordon of Rothemay and John Logie of Boddom for their interest Shewing That wher in ane Court holden by the Commissioners of Justiciary for the Northern districk within the Tolbooth of Elgine upon the Twentie Second day of November Last by past, The saids George and John Gordons sones to Rothemay and William Logie sone to the said John Logie were denounced decerned and declaired fugitives and outlawes by his Majesties Lawes and acts of parliament, and to have no benefit therof in all time therafter and their moveable goods and geir to be Escheet and inbrought to James Wiseman their procurator phiscall and Collector of […] for the use of the saids Commissioners For their not Compearing personally before the saids Commissioners upon the said day to answer to the points of ane Lybell and Complaint raised and execute against them to the Saids Commissioners at the instance of John Grant of Ballindalloch and Alexander Grant of Kirkdaills his brother german and nearest of kine to Patrick Grant […] with Concourse of James Wiseman procurator Fiscall to the saids Commissioners Wherby […] and lybell against the petitioners That upon the Twentie fifth of October Last by past or ane or other of the dayes of the said moneth The saids George and John Gordons and William Logie […] Did Fraudulently and upon ane evill Designe intice and draw away Patrick2 Grant from his dwalling house at the kirktoune of Byne and haveing brought him […] of Insh wher they alleadge the petitioners and their Complices waited for the said Patrick Grant […] being armed with pistolls Guns and Swords etc Did most murderously fall upon the said Patrick Grant and beat and Wound him in the head and draw him throw the house and Closs […] of Insh and that the petitioners should have fired and shott severall pistolls at the said Patrick Grant […] received seaverall shotts and Wounds in the body and particularly ane most mortall Wound by a Shott in the head from a pistoll Loaded with Haill, Sluggs and Culted Lead Which break his Jaw-bone As the Samen is more fully Narrated in the Complaint given in against the petitioners and narrated in the forsaid Decreet as also upon the twentie thrid day of the said moneth of November Last the said John Logie of Boddom was fyned, and amerciat by the saids Commissioners in the Soume of Two Hundred merks Scots money to be payed to their said procurator Fiscall for his not presenting the said William Logie his sone and John Patersone his Servant to Justice, as ane Extract of the forsaid decreet under the hand of the Clerk of Court therwith produced would testifie, Against which decreet and Sentance the petitioners Ought to be reponed and the Samen Suspended and the petitioners relaxed for the reasones and Causes following Primo the saids Commissioners by the said decreet Comitted manifast iniquity, In so farr as that the petitioners haveing Compeared before the saids Commissioners of Justiciary by Mr Alexander Lesslie and Patrick Murisone their procurators, and Craved that the saids Commissioners would allow them to debate and give in in wryt severall reasones and grounds of Law why the petitioners were not oblidged or could Compear to answer before them, Which the Saids Commissioners altogither refused to admitt or accept off, or to hear any defences given in for the petitioners unless they were personally present, as by their interloquitor in the said decreet marked on the margine with the figure (thrid) therwith produced would testifie Secundo the saids procurators being debarred from proponeing their Lawfull defences betook themselves to the nixt remeedy by drawing them up in wryt and gave them in to the Clerk of Court And wherupon took instruments which are as followes Viz primo that they were not cited upon a Competent number of dayes as appeared by the executione Secundo that the petitioners were neither Cited personally nor at their dwalling places or marcat Cross of the Shyre wher they Lived as wes Observall and necessary in all Criminall Citationes Which the execution did Likways instruct Tertio that the Copies alleadged to be given the petitioners did neither bear the witnesses names nor designations Quarto they offered positively to Improve3 the executiones alledged to have been given against the petitioners Quinto they could not appear before the saids Justiciars without the eminent danger of ther Lives not haveing tutus accessus to the said Court for the Saids John and Alexander Grants haveing formerly threatened to murder the petitioners and they haveing at the time convocat, and brought with them to the toune of Elgine two hundred men at least, and most of them being nottorious rebells and Slight men Who have never Imbraced the benefit of his majesties indemnity and haveing placed them at severall posts near the toune Court house to have Shot and murdered the petitioners if they should have Compeared at the said Court the petitioners were necessitate to Lurk in the toune for Some tyme, and therafter to retire out at a back gate for fear of being murdered and assacinated by the said proffligat rebells and Ruffians Sexto That the matter Complained of beign only a Scuffle wherupon neither death nor Mittulation hade followed The Samen did no wayes fall under the Compass of their Commission Especially Seing the Samen was res hacteng Judicata by the Shiriff of Aberdeen within whose bounds the Scuffle hapned all which defences being Competent against the executiones and Impeditive processes were Nevertheless rejected by the saids Commissioners in a most arbitrary maner and Contrair to all Law and inviolable forme of process as Instruments taken therupon under the hand of the Clerk of Court therwith produced would testifie Tertio Patrick Grant alleadged injured was not at all Compearing or Complaineing Neither was their any warrand from him produced Impowering either his brother or the procurator Fiscall or any other persone insist in any Such Complaint, And albeit brothers and relations may persew and insist for the death and Slaughter of their freinds, yet for privat injuries Such as blood and Battery alleadged given to any persone as of threttie years of age and upwards was never allowed to be insisted in at the instance of any freind or relatione without a Speciall mandat and Commission from the persone himself who is alleadged to receive Such injuries and it was pars judicis for these Commissioners to have noticed Such Nullities in Lybells before them, and the sustaining therof at the instance of the Saids pursuers for the injurie alledged to have been done and Committed upon the person of the said Patrick Grant their brother was altogither Illegall unjust and without warrand, Likeas the Lybell and Complaint was and is in it self absolutely false and groundless in every point, And was evident by this That albeit it was their Lybelled against the petitioners that the said Patrick Grant was either actually dead, or in adyeing Conditione past all hopes of recovery, yet the said Patrick Grant is at this present hour in perfect health as ane testificat therof under the hand of Patrick Cushney his Chirurgeon and of knowen fame and reputation therwith produced would testifie Quarto as the said Patrick Grant was not at all Compleaner in the said proces So neither could he have the Confidence to insist in any Complaint or proces upon the grounds therin contained, It being clear and undenyable that he himself was author and only person who began that pretended Scuffle, He himself being the only agresser and haveing pulled William Logie younger of Boddem to the ground and tread upon him with his feet, and when he was so beatt and no able to rise, Bot lying upon his back, So Cruell and barbarouse was the said Patrick Grant, That he drew and Cockt a pistoll of designe to have Shott him dead, when he was Lying upon the ground as said is, and which undoubtedly he would have effectuated if by Providence John Patersone, hade not diverted him by fyreing a pistoll with Some Small graith at his face, and therby diverting him from his Cruell intended murder against the said William Logie, Quinto for verifieing that the forsaid decreet and sentance proceeds without any Citatione against the petitioners either personally or at their dwalling places, or at the head burgh of the Shyre wher the petitioners Lives the extract of the said decreet therwith produced and opponed at the figure (1) on the Margine, and for verifieing that the said pretended ryot or Battarie was res Judicata prior to the attatchment of the saids Interloquitor4 ane extract of the decreet pronounced by the Shirreff of Aberdeen theranene dated the Eightein day of november Last Likewayes therwith produced would testifie, And therfore the forsaid decreet and sentance ought to be Suspended and the petitioner relaxed and Nevertheless the petitioners were Content to find Cautione Incase etc And Therfore Humbly Craveing the saids Lords would Grant warrand for Letters to Sumond the Said John and Master Alexander Grants pretended persewars and the said procurator Fiscall for his intrest etc To have Compeared before the saids Lords at ane Certain day Bringing with them the forsaid present Decreet etc And to have heard and Seen the Samen Suspended and the petitioners relaxed etc as in the said bill of suspensione at more Length is Contained Which bill of suspension at the instance of the said John and George Gordons and others against Grants and Wiseman Chargers and answers made therto5 Being this day read in presence of the saids Lords of his majesties privy Councill They Have Refused and hereby Refusses to pass the said bill of suspension And Ordaines George Gordon eldest Lawfull sone to John Gordon of Rothemay to be instantly taken into custody by the Macers of privy Councill untill he give bond and find sufficient Caution acted in the books of privy Councill, That he shall answer as Law will to the Commissioners of Justiciary within the northern district at their first meetting at the toune of Elgtine in the moneth of march nixt, and therafter at such other dyets as shall be appointed by the saids Commissioners from time to time to which he shall be requyred to attend by the Citatione personally or at his fathers dwalling house, and answer to the Crimes Contained in the decreet Charged on, or which shall be otherwayes Laid to his charge theranent under the penaltie of Two Thousand merks Scots incase he shall transgress in any part of the premisses and incase he do not instantly find Caution Ordaines him to be Committed prisoner within the Tolbooth of Edinburgh therin to remaine dureing the Councills pleasure.

1. NRS, PC2/27, 174r-177r.

2. Insertion. The word ‘Alexander’ scored out here.

3. The prefix ‘Im’ is an insertion.

4. This word is only partially legible, having been written over another word.

5. The words ‘and answers made therto’ are an insertion.

1. NRS, PC2/27, 174r-177r.

2. Insertion. The word ‘Alexander’ scored out here.

3. The prefix ‘Im’ is an insertion.

4. This word is only partially legible, having been written over another word.

5. The words ‘and answers made therto’ are an insertion.

Sederunt, 5 January 1699, Edinburgh

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Att Edinburgh The Fifth day of January Jaj vic Nyntie Nyne years1

D1699/1/12

Sederunt

3 Lord Chancelor; Earl of Melvill; Earl of Eroll; Earl of Marr; Earl of Mortoune; Earl of Eglingtoune; Earl of Lauderdale; Earl of Lowthian; Earl of Lowdone; Earl of Finlator; Earl of Leven; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Strathnaver; Lord Carmichaell; Lord Forbes; Lord President of Session; Lord Advocat; Lord Thesaurer Depute; Lord Justice Clerk; Lord Philiphaugh; Lord Crossrig; Lord Rankeillor; Lord Phesdoe; Mr Fra: Montgomrie; Laird of Grant; Laird of Stevenson

Att Edinburgh The Fifth day of January Jaj vic Nyntie Nyne years1

D1699/1/12

Sederunt

3 Lord Chancelor; Earl of Melvill; Earl of Eroll; Earl of Marr; Earl of Mortoune; Earl of Eglingtoune; Earl of Lauderdale; Earl of Lowthian; Earl of Lowdone; Earl of Finlator; Earl of Leven; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Strathnaver; Lord Carmichaell; Lord Forbes; Lord President of Session; Lord Advocat; Lord Thesaurer Depute; Lord Justice Clerk; Lord Philiphaugh; Lord Crossrig; Lord Rankeillor; Lord Phesdoe; Mr Fra: Montgomrie; Laird of Grant; Laird of Stevenson

1. NRS, PC2/27, 174r.

2. NRS, PC2/27, 174r.

3. The words ‘Her Majesties Commissioner’ scored out here.

1. NRS, PC2/27, 174r.

2. NRS, PC2/27, 174r.

3. The words ‘Her Majesties Commissioner’ scored out here.

Decreet, 29 December 1698, Edinburgh

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Att Edinburgh the Twentie Nynth day of December Jaj vic Nyntie Eight years

D1698/12/181

Decreet

Decreet absolvitor The Magistrats of Aberdeen Against Leith of Overhall

Anent the principall and additionall Lybells or Letters of Complaint raised before the Lords of his Majesties privy Councill at the instance of George Leith of Overhall with Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the Matter underwrittin The principall Lybell Making Mention That wherby the Lawes of this and all other weell governed Nations and Comon wealths the suffering of prisoners to escape out of publict prisones Especially wher they are Imprisoned for Crymes of ane high and attrocious 2 nature Is a Crime of a high nature and Severly punishable and particularly by the Lawes and acts of parliament of this kingdome generally and particularly aftermentioned viz by the Statute of King David the Second; Capute 1st Session Sixth It is Statute that the Master of the prison Should answer for the theiff or prisoner passant furth of the prison, Likeas by the second Statute of King Robert the first Capute; Nynteinth Session thrid It is Statute that the keeper of the prisone Shall answer for any debtor or prisoner Committed to the prisone or for the prisoners body As also by the twentie thrid act parliament fifteinth King James the Sixth It is Statute and Ordained That within the Space of thrie years in all burghs within this realme ther be sufficient and Sure Joalls and wardhouses bigged up holden and maintained by the provest baillies Councill and Communities of the said burghs upon their own Common good, or otherwayes upon the Charges of the burgh and that for Sure Imprisoneing warding keeping and detaineing of all such persones transgressors of his majesties Lawes upon their oun expences alse weell Criminall as Civill which Shall be presented to them and which act of parliament Containes the reason therof in the narrative Viz That for want of sufficient and sure prisons Joalls and ward houses Sundrie rebells and transgressors of the Lawes alse well Criminall as Civill Escapes unpunished and Justice Contemned Likeas by the Threttie Eight act parliament first King Charles Second It is expressly Statute and Ordained that all magistrats of Burghs keepers of any Jeolls or prisones shall receive into their prisones as shall either be brought by Constables or Sent into3 them by warrands under their hands of any one Justice of peace, And if any Magistrat or other Jaylor Suffer any persones Committed by the Justices to their prisones to escape they shall be Condignely punished therfore at the discreatione of the privy Councill Notwithstanding therof Alexander Walker provest of Aberdeen, Thomas Mitchell John Allardyve Alexander Orem, and Alexander Forbes baillies of the said burgh and James Milne dean of Gild therof Haveing 4 Having […] shaken off all fear of God and regaird to his Majesties Lawes have manifestly and wilfully Contemned the forsaid Lawes and neglected to put the same to due executione Conforme to their dutie in their Severall Stations requyred In so farr as the said pursuer haveing after great travell and expensses by vertue of ane warrand from master Archibald Forbes of Lucklyhead one of the Commissioners of Justiciary Seased and apprehended the person of James Gordon brother german to George Gordon of Arradowell in order to prosecute him by Law not only for the Murder of the said pursuers father, Bot Likewayes for5 severall other horrid Murders many villainous thifts Ravishing of women, Blasphemie and Atheisme and therafter brought him to the toune of Aberdeen and after application made to the said Magistrats did incarcerat him within the prisone of the said toune, and ther not only took instruments upon his said incarceration Bot Likwayes protested that the said Magistrats should keep the said prisoner in Sure firmance That he might not escape the vengance due to him for his said abominable Crymes as the said instrument more fully bears As also the said pursuer being informed that the said prisoner would endeavour by all means to make his escape and that Notwithstanding of the forsaid instruments he was not keept in sure firmance nor sequestrat by himself Bot allowed to goe up and downe the Tolbooth as he pleased, and all persones even these who was his Complices in his Crymes allowed to have Access to him, wherby ther arose a Just Jealousie of endeavors to make his escape And Therfore Mr Alexander Lesslie procurator fiscall of the place for his Majesties intrest And Androw Logie of Loanhead as procurator for the said pursuer Did adress themselves to the saids Magistrats at least to ane or other of them And represented the forsaid Jealousie and information which they had, Wherupon the said Magistrats at least Baillie Thomas Mitchell one of their number desired and advised the said Master Alexander Lesslie and Androw Logie to give in ane Supplicatione to the said provest and Baillies Craveing the said prisoner to be Sequestrat and no persone allowed to have access to him except the Jaylor and to protest against them for neglect of duty in case the same were refused and for all Coast Skaith and damnadge the said pursuer might incurr therthrow, and accordingly upon the […] day of […] Ther was ane Supplicatione presented in the termes forsaid Containeing the forsaid protestatione in the name of the said pursuer and procurator Fiscall which was read in presence of the saids Magistrats, and they themselves acknowledged that therupon they had Issued out ane act and order of the said toune Councill appointing each Baillie who keeped the keyes of the prison for the time and had inspection therof to take speciall care that the said prisoner Should be Sequestrat in ane roume by him self and that no persone should have access to him except the Jaylors allenarly, and which act for a space and while the said pursuer was upon the place and in the Shyre was exactly keeped and observed and not only were the magistrats so requyred and instrumented Bot Likewayes his majesties advocat upon information of the heghneous Crymes wherof the prisoner was guilty sent ane express order and warrand to the said Magistrats all wryten and subscrybed with his Lordships oun hand narateing that ther being hazard of the Said prisoners escape Therfore he requyred them to keep him in sure firmance that he escape not till ane secure Course and new orders be taken anent him, as the said warrand dated the twentie second day of July Jaj vic Nyntie Eight years more fully bears, and which the said magistrats have in their own hands, Wherupon the said Androw Logie procurator for the said pursuers went upon the twenty fifth of the said moneth of July to the personall presence of the said magistrats, and ther produced and exhibited the forsaid warrand and intimat the same to them, and therupon took instruments and protested that incase they either neglected their duties or Contemned the forsaid warrand and the saids repeated instruments they should be answerable for all Coast skaith damnadges and expensses the said pursuer might hapen to sustaine or in curr therby, as the said instrument more fully bears yet when the said pursuer was necessitate to come South to Edinburgh in order to obtaine from the Lords of privy Councill ane Commission and warrand to try the said James Gordon upon the forsaid horid Crymes at Aberdeen, and whose petition could not be read by reason of sitting of the high Court of parliament, and that therfore his majesties privy Councill could not meet, and was so carefull and provident that the said prisoner should not escape, and Likewayes to ease the saids Magistrats of ane part of the burdein that upon his own proper charges and expensses, He caused keep ane guard about the said prisoner from Ten of the Cloak every night till Sunriseing the nixt day, yet so supinely negligent were the said Magistrats in their dutie, and likeways so farr Contemnors and desprisers of his Majesties advocats order and of the repeated instruments taken against them, That the said James Gordon prisoner went throw the prison as he pleased without Confinement or Sequestratione to a parliament roome and persones even unknowen had access to him without any Lett or Impediment and although they or ane or other of them were advertised Some few hours before his escape, That some of his freinds or accomplices were in toune and would be some means or other endeavours to furder his Escape, That therfore he should be strictly and exactly Locked toe wherof no care was taken, and to which no regaird was hade Bot as by the event doeth plainly appear, The Magistrats did by ther said neglect and Contempt not only furder incouradge his Escape Bot Likewayes were Conscious to the designe of his goeing out of the prisone, In so farr as that the Same day Viz the Nynteinth day of August then6 instant about seven a Cloak at night or therby in fair day sight the prisoner did descend the stair of the said prisone (one of his accomplics and servants haveing hade access to him and being with him at the time) and did come out by the door of the said prisone without any disguises bot being in that habite which he ordinarly hade in prisone, and then descended towards the Cross of the toune wher thrie or four of his accomplices or freinds did receive him, and put armes in his hands and therafter he did to the open vein both of strangers and inhabitants deliberatly march out of the Toune and took his horss at the bark gate of the Collodge which is a Conisderable distance from the said prison and that without any Stopt or noise howie or Cry, and therafter without makeing any hast or being afraid of the said Magistrats their aryseing the howie and Cry after them or sending out any persones in Order to take him, which is a manifast evidence not only of their negligence and Collusione Bot even Concurrance and previous knowledge of his escape)7 He did goe into Comon Taverne at Green Burne within thrie milles of the said toune and upon the high Cairt road to his oun house, and ther did drink with his accomplices for a Conisderable space and then again took his horss and went seven mylls farder to the toune of Inverurie wher he did again drink and refresh his horss with Cornes and therafter went diretly to his oun Countrey and dwalling all wayes keeping the Comon Cairt Road knowing that his good freinds the saids magistrats would not be heastie to emitt any party after him till he hade a Competent time allowed him to make his escape and he be out of their reach As in effect it would hapen for the honest Magistrats were no more Concerned with his said escape then as if ther had been no such thing and did not till nixt morning dream of Sending any partie out to Look after the said prisoner, and at least were pleased to send out fyve or six horsmen as valid as they would Choise, and some of them without any kynd of armes to rescue and take back the prisoner from ten or twelve horssmen who accompanied him, and when they knew it was Impossible for them ot overtake them, By all which it is Clear and evident, That the saids Magistrats above Complained upon are highly guilty as betrayers of the publict trust and Confidence reposed in them, as magistrats by their Supine Negligence and as dispisers and Contemners not only of his majesties advocat order, Bot Likewayes of the forsaids acts of parliament and of the act of Toune Councill emitted by themselves and also are Connivers in and Concurrers with the said prisoner his makeing his escape as said is, And therfore Ought not only to be punished in their persons and goods and Lyable to the said pursuer for all Coast Skaith and damnadge expensses and intrest which he has allready Sustained in and throw the said Contempt and neglect Bot Likwayes Deprived of their offices as Magistrats of the said burgh of Aberdeen and Declared incapable of bearing office as Magistrats, and of all other publict trust within the toune of Aberdeen in time comeing, And furder Ought and Should be decerned Conjunctlly and Severally by the saids Lords decreet to make payment to the said pursuer of the Soume of […] as expences Sustained and depursed by him in the premisses and Likewayes to find sufficient Cautione acted in the saids Lords books to free and releive not only the said pursuer bot also all other his majesties Leidges of all depredations thifts and of all other Coast Skaith and damnadge which the said pursuer or any others of his Majesties Leidges may incurr from and Sustaine at the hands of the said James Gordon either by himself as actor outhounder or Ratihabiter or any other maner of way Seing if any Such thing happen the Samen is occassioned by the saids Magistrats for Contempt and neglect as is above Lybelled And Anent the Charge given to the saids defenders To have Compeared personally before the saids Lords of his Majesties privy Councill at ane Certaine day now bygone To Answer to the points of the said Complaint and to haveh eard and seen such order and Course taken theranent as the saids Lords Should think fitt as the said principall Lybell and executiones therof at more Length Containes, And the Additionall Lybell Makeing Mention That wher The said pursuer haveing raised a former Lybell against Thomas Mitchell present provest of Aberdeen Alexander Walker Late provest ther, John Allardyce Alexander Forbes and Alexander Brein baillies of Aberdein and James Milne late Dean of Gild of the said burgh for the most unexcusable Connivance and Concurrance of the escap of James Gordon brother to George Gordon of Arradowell wherin they did not only behave themselves in maner mentioned in the principall lybell Bot in open mockerie of their dutie, They send out in a Shame Zeall the day after the escape fyve or six men some of them wnarmed whom they had instructed to avoid meetting with the said fugative And accordingly the said small and insignificant party were Carefull to informe themselves wher he might be Least, they should rancounter him, And did send before to severall planes untill they hade received that assurrance, Likeas the Sending out of the said pairty was ane evident Mockerie Because Gordon haveing gone away with ten or twelve armed men It was Improbable that he could be retaken with give or sex men wherof some unarmed Wherby it is yet more evident that the defenders are guilty of the crymes and ought to be decerned and punished in maner Contained in the principall Lybell And Anent the Charge given to the saids Magistrats of Aberdeen To Have Compeared personally before the Saids Lords at ane Certaine day also now bygone To have answered to the forsaid Complaint And to have heard and Seen such order and Course taken theranent as appeartaines As in the said additionall Lybell and executiones therof at more Lenth is Contained The saids principall and additionall Lybell or Letters of Complaint being upon the Twentie fourth day of November Last by past Called in presence of the Lords of his majesties privy Councill And the pursuer Compearing personally with Sir David Thores Mr David Dalrymple Mr David and Mr Robert Forbess and Mr Frances Grant advocat his procurators and Thomas Mitchell Baillie in Aberdeen (now provest therof) one of the defenders Compearing for himself, and the haill other defenders With Sir Patrick Home Sir Androw Home James Stewart and William Black advocats for the haill defenders, and the haill other defenders being all Lawfullie cited oft times Called and not Compearing The said principall and additionall Lybells or Letters of Complaint with the answers therto being read and both parties Lawiers fully heard The Lords of his Majesties privy Councill admitted the lybell to probatione and the witnesses being Called Some of them Compeared who made faith, and the Councill allowed furder dilligence by Caption against the rest of the witnesses who were Cited and not Compearing; And Nominated and appointed a Committie of their oun number to examine the witnesses who have made faith and the rest of the witnesses where they should make faith, Reserveing all objections Which might be made against the witnesses to be proponed and discust before the Committie Which Committie haveing accordingly mett They took and received the Oathes and depositions of diverse and Sundrie famous witnesses who being all Solemnly Sworne Interrogate and Examined upon their great Oathes Deponed and declared as their oathes and depositions extant in proces bears The Lords of his Majesties privy Councill haveing this day advised both additionall and principall Lybells forsaids and haveing Considered the depositione of the Witnesses taken in both processes and haveing heard both parties informationes read in their presence, They Find the principall and additionall Lybells not proven, And Therfore have Assoylzied and hereby assoylzies the saids defender from the haill points and articles of the Same, And Declares them quytt therof and free therfrae in all time comeing.

Att Edinburgh the Twentie Nynth day of December Jaj vic Nyntie Eight years

D1698/12/181

Decreet

Decreet absolvitor The Magistrats of Aberdeen Against Leith of Overhall

Anent the principall and additionall Lybells or Letters of Complaint raised before the Lords of his Majesties privy Councill at the instance of George Leith of Overhall with Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the Matter underwrittin The principall Lybell Making Mention That wherby the Lawes of this and all other weell governed Nations and Comon wealths the suffering of prisoners to escape out of publict prisones Especially wher they are Imprisoned for Crymes of ane high and attrocious 2 nature Is a Crime of a high nature and Severly punishable and particularly by the Lawes and acts of parliament of this kingdome generally and particularly aftermentioned viz by the Statute of King David the Second; Capute 1st Session Sixth It is Statute that the Master of the prison Should answer for the theiff or prisoner passant furth of the prison, Likeas by the second Statute of King Robert the first Capute; Nynteinth Session thrid It is Statute that the keeper of the prisone Shall answer for any debtor or prisoner Committed to the prisone or for the prisoners body As also by the twentie thrid act parliament fifteinth King James the Sixth It is Statute and Ordained That within the Space of thrie years in all burghs within this realme ther be sufficient and Sure Joalls and wardhouses bigged up holden and maintained by the provest baillies Councill and Communities of the said burghs upon their own Common good, or otherwayes upon the Charges of the burgh and that for Sure Imprisoneing warding keeping and detaineing of all such persones transgressors of his majesties Lawes upon their oun expences alse weell Criminall as Civill which Shall be presented to them and which act of parliament Containes the reason therof in the narrative Viz That for want of sufficient and sure prisons Joalls and ward houses Sundrie rebells and transgressors of the Lawes alse well Criminall as Civill Escapes unpunished and Justice Contemned Likeas by the Threttie Eight act parliament first King Charles Second It is expressly Statute and Ordained that all magistrats of Burghs keepers of any Jeolls or prisones shall receive into their prisones as shall either be brought by Constables or Sent into3 them by warrands under their hands of any one Justice of peace, And if any Magistrat or other Jaylor Suffer any persones Committed by the Justices to their prisones to escape they shall be Condignely punished therfore at the discreatione of the privy Councill Notwithstanding therof Alexander Walker provest of Aberdeen, Thomas Mitchell John Allardyve Alexander Orem, and Alexander Forbes baillies of the said burgh and James Milne dean of Gild therof Haveing 4 Having […] shaken off all fear of God and regaird to his Majesties Lawes have manifestly and wilfully Contemned the forsaid Lawes and neglected to put the same to due executione Conforme to their dutie in their Severall Stations requyred In so farr as the said pursuer haveing after great travell and expensses by vertue of ane warrand from master Archibald Forbes of Lucklyhead one of the Commissioners of Justiciary Seased and apprehended the person of James Gordon brother german to George Gordon of Arradowell in order to prosecute him by Law not only for the Murder of the said pursuers father, Bot Likewayes for5 severall other horrid Murders many villainous thifts Ravishing of women, Blasphemie and Atheisme and therafter brought him to the toune of Aberdeen and after application made to the said Magistrats did incarcerat him within the prisone of the said toune, and ther not only took instruments upon his said incarceration Bot Likwayes protested that the said Magistrats should keep the said prisoner in Sure firmance That he might not escape the vengance due to him for his said abominable Crymes as the said instrument more fully bears As also the said pursuer being informed that the said prisoner would endeavour by all means to make his escape and that Notwithstanding of the forsaid instruments he was not keept in sure firmance nor sequestrat by himself Bot allowed to goe up and downe the Tolbooth as he pleased, and all persones even these who was his Complices in his Crymes allowed to have Access to him, wherby ther arose a Just Jealousie of endeavors to make his escape And Therfore Mr Alexander Lesslie procurator fiscall of the place for his Majesties intrest And Androw Logie of Loanhead as procurator for the said pursuer Did adress themselves to the saids Magistrats at least to ane or other of them And represented the forsaid Jealousie and information which they had, Wherupon the said Magistrats at least Baillie Thomas Mitchell one of their number desired and advised the said Master Alexander Lesslie and Androw Logie to give in ane Supplicatione to the said provest and Baillies Craveing the said prisoner to be Sequestrat and no persone allowed to have access to him except the Jaylor and to protest against them for neglect of duty in case the same were refused and for all Coast Skaith and damnadge the said pursuer might incurr therthrow, and accordingly upon the […] day of […] Ther was ane Supplicatione presented in the termes forsaid Containeing the forsaid protestatione in the name of the said pursuer and procurator Fiscall which was read in presence of the saids Magistrats, and they themselves acknowledged that therupon they had Issued out ane act and order of the said toune Councill appointing each Baillie who keeped the keyes of the prison for the time and had inspection therof to take speciall care that the said prisoner Should be Sequestrat in ane roume by him self and that no persone should have access to him except the Jaylors allenarly, and which act for a space and while the said pursuer was upon the place and in the Shyre was exactly keeped and observed and not only were the magistrats so requyred and instrumented Bot Likewayes his majesties advocat upon information of the heghneous Crymes wherof the prisoner was guilty sent ane express order and warrand to the said Magistrats all wryten and subscrybed with his Lordships oun hand narateing that ther being hazard of the Said prisoners escape Therfore he requyred them to keep him in sure firmance that he escape not till ane secure Course and new orders be taken anent him, as the said warrand dated the twentie second day of July Jaj vic Nyntie Eight years more fully bears, and which the said magistrats have in their own hands, Wherupon the said Androw Logie procurator for the said pursuers went upon the twenty fifth of the said moneth of July to the personall presence of the said magistrats, and ther produced and exhibited the forsaid warrand and intimat the same to them, and therupon took instruments and protested that incase they either neglected their duties or Contemned the forsaid warrand and the saids repeated instruments they should be answerable for all Coast skaith damnadges and expensses the said pursuer might hapen to sustaine or in curr therby, as the said instrument more fully bears yet when the said pursuer was necessitate to come South to Edinburgh in order to obtaine from the Lords of privy Councill ane Commission and warrand to try the said James Gordon upon the forsaid horid Crymes at Aberdeen, and whose petition could not be read by reason of sitting of the high Court of parliament, and that therfore his majesties privy Councill could not meet, and was so carefull and provident that the said prisoner should not escape, and Likewayes to ease the saids Magistrats of ane part of the burdein that upon his own proper charges and expensses, He caused keep ane guard about the said prisoner from Ten of the Cloak every night till Sunriseing the nixt day, yet so supinely negligent were the said Magistrats in their dutie, and likeways so farr Contemnors and desprisers of his Majesties advocats order and of the repeated instruments taken against them, That the said James Gordon prisoner went throw the prison as he pleased without Confinement or Sequestratione to a parliament roome and persones even unknowen had access to him without any Lett or Impediment and although they or ane or other of them were advertised Some few hours before his escape, That some of his freinds or accomplices were in toune and would be some means or other endeavours to furder his Escape, That therfore he should be strictly and exactly Locked toe wherof no care was taken, and to which no regaird was hade Bot as by the event doeth plainly appear, The Magistrats did by ther said neglect and Contempt not only furder incouradge his Escape Bot Likewayes were Conscious to the designe of his goeing out of the prisone, In so farr as that the Same day Viz the Nynteinth day of August then6 instant about seven a Cloak at night or therby in fair day sight the prisoner did descend the stair of the said prisone (one of his accomplics and servants haveing hade access to him and being with him at the time) and did come out by the door of the said prisone without any disguises bot being in that habite which he ordinarly hade in prisone, and then descended towards the Cross of the toune wher thrie or four of his accomplices or freinds did receive him, and put armes in his hands and therafter he did to the open vein both of strangers and inhabitants deliberatly march out of the Toune and took his horss at the bark gate of the Collodge which is a Conisderable distance from the said prison and that without any Stopt or noise howie or Cry, and therafter without makeing any hast or being afraid of the said Magistrats their aryseing the howie and Cry after them or sending out any persones in Order to take him, which is a manifast evidence not only of their negligence and Collusione Bot even Concurrance and previous knowledge of his escape)7 He did goe into Comon Taverne at Green Burne within thrie milles of the said toune and upon the high Cairt road to his oun house, and ther did drink with his accomplices for a Conisderable space and then again took his horss and went seven mylls farder to the toune of Inverurie wher he did again drink and refresh his horss with Cornes and therafter went diretly to his oun Countrey and dwalling all wayes keeping the Comon Cairt Road knowing that his good freinds the saids magistrats would not be heastie to emitt any party after him till he hade a Competent time allowed him to make his escape and he be out of their reach As in effect it would hapen for the honest Magistrats were no more Concerned with his said escape then as if ther had been no such thing and did not till nixt morning dream of Sending any partie out to Look after the said prisoner, and at least were pleased to send out fyve or six horsmen as valid as they would Choise, and some of them without any kynd of armes to rescue and take back the prisoner from ten or twelve horssmen who accompanied him, and when they knew it was Impossible for them ot overtake them, By all which it is Clear and evident, That the saids Magistrats above Complained upon are highly guilty as betrayers of the publict trust and Confidence reposed in them, as magistrats by their Supine Negligence and as dispisers and Contemners not only of his majesties advocat order, Bot Likewayes of the forsaids acts of parliament and of the act of Toune Councill emitted by themselves and also are Connivers in and Concurrers with the said prisoner his makeing his escape as said is, And therfore Ought not only to be punished in their persons and goods and Lyable to the said pursuer for all Coast Skaith and damnadge expensses and intrest which he has allready Sustained in and throw the said Contempt and neglect Bot Likwayes Deprived of their offices as Magistrats of the said burgh of Aberdeen and Declared incapable of bearing office as Magistrats, and of all other publict trust within the toune of Aberdeen in time comeing, And furder Ought and Should be decerned Conjunctlly and Severally by the saids Lords decreet to make payment to the said pursuer of the Soume of […] as expences Sustained and depursed by him in the premisses and Likewayes to find sufficient Cautione acted in the saids Lords books to free and releive not only the said pursuer bot also all other his majesties Leidges of all depredations thifts and of all other Coast Skaith and damnadge which the said pursuer or any others of his Majesties Leidges may incurr from and Sustaine at the hands of the said James Gordon either by himself as actor outhounder or Ratihabiter or any other maner of way Seing if any Such thing happen the Samen is occassioned by the saids Magistrats for Contempt and neglect as is above Lybelled And Anent the Charge given to the saids defenders To have Compeared personally before the saids Lords of his Majesties privy Councill at ane Certaine day now bygone To Answer to the points of the said Complaint and to haveh eard and seen such order and Course taken theranent as the saids Lords Should think fitt as the said principall Lybell and executiones therof at more Length Containes, And the Additionall Lybell Makeing Mention That wher The said pursuer haveing raised a former Lybell against Thomas Mitchell present provest of Aberdeen Alexander Walker Late provest ther, John Allardyce Alexander Forbes and Alexander Brein baillies of Aberdein and James Milne late Dean of Gild of the said burgh for the most unexcusable Connivance and Concurrance of the escap of James Gordon brother to George Gordon of Arradowell wherin they did not only behave themselves in maner mentioned in the principall lybell Bot in open mockerie of their dutie, They send out in a Shame Zeall the day after the escape fyve or six men some of them wnarmed whom they had instructed to avoid meetting with the said fugative And accordingly the said small and insignificant party were Carefull to informe themselves wher he might be Least, they should rancounter him, And did send before to severall planes untill they hade received that assurrance, Likeas the Sending out of the said pairty was ane evident Mockerie Because Gordon haveing gone away with ten or twelve armed men It was Improbable that he could be retaken with give or sex men wherof some unarmed Wherby it is yet more evident that the defenders are guilty of the crymes and ought to be decerned and punished in maner Contained in the principall Lybell And Anent the Charge given to the saids Magistrats of Aberdeen To Have Compeared personally before the Saids Lords at ane Certaine day also now bygone To have answered to the forsaid Complaint And to have heard and Seen such order and Course taken theranent as appeartaines As in the said additionall Lybell and executiones therof at more Lenth is Contained The saids principall and additionall Lybell or Letters of Complaint being upon the Twentie fourth day of November Last by past Called in presence of the Lords of his majesties privy Councill And the pursuer Compearing personally with Sir David Thores Mr David Dalrymple Mr David and Mr Robert Forbess and Mr Frances Grant advocat his procurators and Thomas Mitchell Baillie in Aberdeen (now provest therof) one of the defenders Compearing for himself, and the haill other defenders With Sir Patrick Home Sir Androw Home James Stewart and William Black advocats for the haill defenders, and the haill other defenders being all Lawfullie cited oft times Called and not Compearing The said principall and additionall Lybells or Letters of Complaint with the answers therto being read and both parties Lawiers fully heard The Lords of his Majesties privy Councill admitted the lybell to probatione and the witnesses being Called Some of them Compeared who made faith, and the Councill allowed furder dilligence by Caption against the rest of the witnesses who were Cited and not Compearing; And Nominated and appointed a Committie of their oun number to examine the witnesses who have made faith and the rest of the witnesses where they should make faith, Reserveing all objections Which might be made against the witnesses to be proponed and discust before the Committie Which Committie haveing accordingly mett They took and received the Oathes and depositions of diverse and Sundrie famous witnesses who being all Solemnly Sworne Interrogate and Examined upon their great Oathes Deponed and declared as their oathes and depositions extant in proces bears The Lords of his Majesties privy Councill haveing this day advised both additionall and principall Lybells forsaids and haveing Considered the depositione of the Witnesses taken in both processes and haveing heard both parties informationes read in their presence, They Find the principall and additionall Lybells not proven, And Therfore have Assoylzied and hereby assoylzies the saids defender from the haill points and articles of the Same, And Declares them quytt therof and free therfrae in all time comeing.

1. NRS, PC2/27, 168r-173v.

2. An illegible word scored out here.

3. The word ‘prisone’ scored out here.

4. A blank page (f.169r) occurs at this point in the entry. It has been scored out and a note made: ‘Turned the Leaf over by mistake’.

5. The word ‘the’ scored out here.

6. Insertion.

7. Opening bracket missing.

1. NRS, PC2/27, 168r-173v.

2. An illegible word scored out here.

3. The word ‘prisone’ scored out here.

4. A blank page (f.169r) occurs at this point in the entry. It has been scored out and a note made: ‘Turned the Leaf over by mistake’.

5. The word ‘the’ scored out here.

6. Insertion.

7. Opening bracket missing.

Sederunt, 29 December 1698, Edinburgh

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Att Edinburgh the Twentie Nynth day of December Jaj vic Nyntie Eight years1

D1698/12/172

Sederunt

Lord Chancelor; Duke of Queensbery P:S:; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Mortone; Earl of Lothian; Earl of Lowdone; Earl of Leven; Earl of Anandale; Lord Strathnaver; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Halcraig; Lord Crossrig; Lord Rankeillor; Lord Phesdoe; Mr Fra: Montgomrie; Laird of Pollock; Lord Provest of Edinburgh

Att Edinburgh the Twentie Nynth day of December Jaj vic Nyntie Eight years1

D1698/12/172

Sederunt

Lord Chancelor; Duke of Queensbery P:S:; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Mortone; Earl of Lothian; Earl of Lowdone; Earl of Leven; Earl of Anandale; Lord Strathnaver; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Halcraig; Lord Crossrig; Lord Rankeillor; Lord Phesdoe; Mr Fra: Montgomrie; Laird of Pollock; Lord Provest of Edinburgh

1. NRS, PC2/27, 168r.

2. NRS, PC2/27, 168r.

1. NRS, PC2/27, 168r.

2. NRS, PC2/27, 168r.

Warrant, 27 December 1698, Edinburgh

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Att Edinburgh The Twenty Seventh day of December Jaj vic Nyntie Eight

D1698/12/161

Warrant

Warrant for buying meall to the workmen at Clackmanan

The Lords of his Majesties privy Councill Do hereby give order and warrand to […] or any other persone who shall be appointed by the Tacksmen of the estate of Clackmanen or by Alexander Inglis factor appointed by the Lords of Session for uplifting the rents of the said estate to buy meall at once or weekly at the marcats alse much victuall as will serve the whole Colziers and workmen working at the Coall of Clackmanan for their proper use from time to time The said […] or any other person who shall be appointed before extracting hereof giveing bond and giveing Sufficient Cautione acted in the books of privy Councill that the victuall bought for the use of the saids Colziers and workmen shall be Imployed for their use allenarly and that the same shall be given out and sold to the saids Colziers and workmen at the pryce it was bought for in the Marcat, and no higher under the penalty of Fyve Hundred merks in case of transgression or not performance of any part of the premises and Declares the buyers and Sellers of the said victuall shall not incurr the Certificatione contained in the act, or proclamation anent victuall and inhibits And inhibits2 and discharges the Shirriffs Justices of peace and all others concerned to trouble or Imped the buyers or sellers in the Sale delyverie or transporting of the said victuall in the termes forsaids.

Att Edinburgh The Twenty Seventh day of December Jaj vic Nyntie Eight

D1698/12/161

Warrant

Warrant for buying meall to the workmen at Clackmanan

The Lords of his Majesties privy Councill Do hereby give order and warrand to […] or any other persone who shall be appointed by the Tacksmen of the estate of Clackmanen or by Alexander Inglis factor appointed by the Lords of Session for uplifting the rents of the said estate to buy meall at once or weekly at the marcats alse much victuall as will serve the whole Colziers and workmen working at the Coall of Clackmanan for their proper use from time to time The said […] or any other person who shall be appointed before extracting hereof giveing bond and giveing Sufficient Cautione acted in the books of privy Councill that the victuall bought for the use of the saids Colziers and workmen shall be Imployed for their use allenarly and that the same shall be given out and sold to the saids Colziers and workmen at the pryce it was bought for in the Marcat, and no higher under the penalty of Fyve Hundred merks in case of transgression or not performance of any part of the premises and Declares the buyers and Sellers of the said victuall shall not incurr the Certificatione contained in the act, or proclamation anent victuall and inhibits And inhibits2 and discharges the Shirriffs Justices of peace and all others concerned to trouble or Imped the buyers or sellers in the Sale delyverie or transporting of the said victuall in the termes forsaids.

1. NRS, PC2/27, 167v-168r.

2. Sic.

1. NRS, PC2/27, 167v-168r.

2. Sic.

Sederunt, 27 December 1698, Edinburgh

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Att Edinburgh The Twenty Seventh day of December Jaj vic Nyntie Eight1

D1698/12/152

Sederunt

Lord Chancelor; Duke of Queensbery P:S:; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Mortone; Earl of Lauderdale; Earl of Lothian; Earl of Lowdone; Earl of Leven; Earl of Anandale; Earl of Northesk; Lord Strathnaver; Lord Polwarth; Lord Carmichell; Lord Advocat; Lord Justice Clerk; Lord Halcraig; Lord Crossrig; Lord Rankeillor; Lord Phesdoe; Mr Fr: Montgomry; Laird of Pollock; Lord Provest of Edinburgh

Att Edinburgh The Twenty Seventh day of December Jaj vic Nyntie Eight1

D1698/12/152

Sederunt

Lord Chancelor; Duke of Queensbery P:S:; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Mortone; Earl of Lauderdale; Earl of Lothian; Earl of Lowdone; Earl of Leven; Earl of Anandale; Earl of Northesk; Lord Strathnaver; Lord Polwarth; Lord Carmichell; Lord Advocat; Lord Justice Clerk; Lord Halcraig; Lord Crossrig; Lord Rankeillor; Lord Phesdoe; Mr Fr: Montgomry; Laird of Pollock; Lord Provest of Edinburgh

1. NRS, PC2/27, 167v.

2. NRS, PC2/27, 167v.

1. NRS, PC2/27, 167v.

2. NRS, PC2/27, 167v.

Warrant, 22 December 1698, Edinburgh

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Att Edinburgh the Twenty two day of December Jaj vic Nyntie Eight years

D1698/12/141

Warrant

Warrant To the Earle of Annandale to buy victuall

The Lords of his Majesties privy Councill Doe hereby Give order and warrand to […] To the Earle of Annandale Or any other haveing order from him to buy weekly at the marcats as much victuall as will serve his Lordships workmen and servants at his house for their proper use from week to week and time to time the said […] or any other he Shall appoint first before extracting hereof Finding Sufficient Caution acted in the books of privy Councill under the penalty of […] That the victuall bought for the use of the said work men Shall be Imployed for their use allenerly, And that the same shall be given out and sold to the said workmen at the pryce it was bought for in the marcat and no higher and Declares the buers and Sellers shall not incurr the Certification Contained in the said act or proclamation and inhibits and discharges the Shirriffs Justices of peace, and all others concerned to trouble the buyers or sellers in the sale delivery and transporting of the said victuall in the termes forsaids.

Att Edinburgh the Twenty two day of December Jaj vic Nyntie Eight years

D1698/12/141

Warrant

Warrant To the Earle of Annandale to buy victuall

The Lords of his Majesties privy Councill Doe hereby Give order and warrand to […] To the Earle of Annandale Or any other haveing order from him to buy weekly at the marcats as much victuall as will serve his Lordships workmen and servants at his house for their proper use from week to week and time to time the said […] or any other he Shall appoint first before extracting hereof Finding Sufficient Caution acted in the books of privy Councill under the penalty of […] That the victuall bought for the use of the said work men Shall be Imployed for their use allenerly, And that the same shall be given out and sold to the said workmen at the pryce it was bought for in the marcat and no higher and Declares the buers and Sellers shall not incurr the Certification Contained in the said act or proclamation and inhibits and discharges the Shirriffs Justices of peace, and all others concerned to trouble the buyers or sellers in the sale delivery and transporting of the said victuall in the termes forsaids.

1. NRS, PC2/27, 167r.

1. NRS, PC2/27, 167r.

Warrant, 22 December 1698, Edinburgh

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Att Edinburgh the Twenty two day of December Jaj vic Nyntie Eight years

D1698/12/131

Warrant

Warrant to the Duke of Queensberys Chamberlaine to buy victuall

The Lords of his Majesties privy Councill Do hereby Give order and warrant to […] To his Grace the Duke of Queensbery or any other haveing Order from him to buy weekly at the Marcats as much victuall as will serve his Graces whole Servants and workmen at his Graces Leadhills and workmen builders at his Graces house for their proper use from week to week and time to time, The said […] or any other he shall appoint before extracting hereof first finding sufficient Cautione acted in the books of privy Councill under the penalty of […] That the victuall bought for the use of the saids servants and workmen shall be Imployed for their use allenarly. and that the same shall be given out and sold to the said servants and workmen at the pryce it was bought for in the Marcat and no higher, and Declares the buyers and sellers Shall not incurr the Certificatione Contained in the said act or proclamation, And inhibits and Discharges the Shirriffs Justices of peace and all other concerned to trouble the buyers or sellers in the sale delyverie and transporting of the said victuall in the termes forsaids.

Att Edinburgh the Twenty two day of December Jaj vic Nyntie Eight years

D1698/12/131

Warrant

Warrant to the Duke of Queensberys Chamberlaine to buy victuall

The Lords of his Majesties privy Councill Do hereby Give order and warrant to […] To his Grace the Duke of Queensbery or any other haveing Order from him to buy weekly at the Marcats as much victuall as will serve his Graces whole Servants and workmen at his Graces Leadhills and workmen builders at his Graces house for their proper use from week to week and time to time, The said […] or any other he shall appoint before extracting hereof first finding sufficient Cautione acted in the books of privy Councill under the penalty of […] That the victuall bought for the use of the saids servants and workmen shall be Imployed for their use allenarly. and that the same shall be given out and sold to the said servants and workmen at the pryce it was bought for in the Marcat and no higher, and Declares the buyers and sellers Shall not incurr the Certificatione Contained in the said act or proclamation, And inhibits and Discharges the Shirriffs Justices of peace and all other concerned to trouble the buyers or sellers in the sale delyverie and transporting of the said victuall in the termes forsaids.

1. NRS, PC2/27, 166v-167r.

1. NRS, PC2/27, 166v-167r.

Warrant, 22 December 1698, Edinburgh

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Att Edinburgh the Twenty two day of December Jaj vic Nyntie Eight years

D1698/12/121

Warrant

Warrant to the Earl of Mars Chamberlaine to buy victuall

2 The Lords of his Majesties privy Councill Doe hereby give order and Warrant To Robert Allan Chamberland to the Earle of Marr or any other haveing order from him to buy weekly at the marcats as much victuall as will serve the wholl work men at his Coall for their proper use from week to week and from time to time The said Robert Allan or any other he shall appoint before Extracting hereof finding Sufficient Caution acted in the books of privy Councill under the penaltie of […] That the victuall bought for the use of the said workmen at the Coall Shall be Imployed for their use allenarly and that the Same shall be given out and sold to the said workmen at the pryce it was bought for in the Marcat and no higher and Declares the buyers and sellers Shall not incurr the Certification Contained in the said act or proclamation, And inhibits and discharges the Shirriffs Justices of peace and all others concerned to trouble the buyers or sellers in the sale delivery and transporting of the said victuall in the termes forsaids.

Att Edinburgh the Twenty two day of December Jaj vic Nyntie Eight years

D1698/12/121

Warrant

Warrant to the Earl of Mars Chamberlaine to buy victuall

2 The Lords of his Majesties privy Councill Doe hereby give order and Warrant To Robert Allan Chamberland to the Earle of Marr or any other haveing order from him to buy weekly at the marcats as much victuall as will serve the wholl work men at his Coall for their proper use from week to week and from time to time The said Robert Allan or any other he shall appoint before Extracting hereof finding Sufficient Caution acted in the books of privy Councill under the penaltie of […] That the victuall bought for the use of the said workmen at the Coall Shall be Imployed for their use allenarly and that the Same shall be given out and sold to the said workmen at the pryce it was bought for in the Marcat and no higher and Declares the buyers and sellers Shall not incurr the Certification Contained in the said act or proclamation, And inhibits and discharges the Shirriffs Justices of peace and all others concerned to trouble the buyers or sellers in the sale delivery and transporting of the said victuall in the termes forsaids.

1. NRS, PC2/27, 166r-166v.

2. The original start of this entry has been scored out: ‘Anent the petition given in to the Lords of his Majesties privy Councill be’.

1. NRS, PC2/27, 166r-166v.

2. The original start of this entry has been scored out: ‘Anent the petition given in to the Lords of his Majesties privy Councill be’.

Act, 22 December 1698, Edinburgh

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Att Edinburgh the Twenty two day of December Jaj vic Nyntie Eight years

D1698/12/111

Act

Act The Laird of Hopetoune

Anent the petition given in to the Lords of his Majesties privy Councill be Charles Hope of Hopetoune with Consent of his Curators Shewing That wher the petitioner entertaines at his works at Leidhills a Considerable number of workmen at duely and Constant work who lye at a great distance from publict marcats, Wherby and by reasone of the Small quantitie of victuall that each particular workman needs for his own use weekly, and for saveing the unnecessary charges and Loss of work which they must Sustaine if every particular persone be oblidged to goe weekly So great a length for buying and receiveing the small quantity requisit for his oun use, It is absolutely necessar That one persone in name of all goe to the said weekly marcat in order to the burying of alse much victuall as will Serve the whole workmen for their proper use from week to week And Seing that these who sells victuall in the publict marcats does refuse to sell to ane person also much as may serve the wholl work men from week to week apprehending they might therby incurr the Certification of the saids Lords late2 act anent forestalling and regrateing of victuall without the saids Lords warrand for that effect, So the great Loss of the workmen and prejudice of the work and In respect that the petitioner was Content to give what security the saids Lords should think fitt that the victuall to be bought for the use of the said work men from time to time by the petitioners baillie haveing Commission for that effect shall be bestowed and destributed amongst the said workmen for their proper and dayly use according to their need, and no wayes to be Laid up or Grinelled or Sold out to any other persones except the saids workmen and that the saids workmen Shall pay no more for the Samen then it truely Coasts in the Marcat, wherby all the ends of the saids Lords act aforsaid are fully answered. And Therfore Humbly Supplicating to the effect aftermentioned The Lords of his majesties privy Councill haveing Considered this petition given in to them be Charles Hope of Hopetoune with Consent of his Curators, They hereby Give order and warrant to the petitioners baillie or any other haveing Order from him to buy weekly at the Marcats as much victuall as will Serve the wholl above workmen for their proper use from week to week and time to time The petitioners baillie or any other he shall appoint befor extracting finding Cautione acted in the books of privy Councill under the penaltie of Fyve Hundred merks Scots money That the victuall bought for the use of the said workmen Shall be Imployed for their use allenarly and that the Same shall be given out and sold to the workmen at the pryce it was bought for in the Marcat and no higher And Declares the buyers and sellers shall not incurr the Certification contained in the said act or proclamatione and inhibits and discharges the Shirriffs Justices of peace and all others concerned to trouble the buyers or sellers in the sale delyverie and transporting of the said victuall in the termes forsaids.

Att Edinburgh the Twenty two day of December Jaj vic Nyntie Eight years

D1698/12/111

Act

Act The Laird of Hopetoune

Anent the petition given in to the Lords of his Majesties privy Councill be Charles Hope of Hopetoune with Consent of his Curators Shewing That wher the petitioner entertaines at his works at Leidhills a Considerable number of workmen at duely and Constant work who lye at a great distance from publict marcats, Wherby and by reasone of the Small quantitie of victuall that each particular workman needs for his own use weekly, and for saveing the unnecessary charges and Loss of work which they must Sustaine if every particular persone be oblidged to goe weekly So great a length for buying and receiveing the small quantity requisit for his oun use, It is absolutely necessar That one persone in name of all goe to the said weekly marcat in order to the burying of alse much victuall as will Serve the whole workmen for their proper use from week to week And Seing that these who sells victuall in the publict marcats does refuse to sell to ane person also much as may serve the wholl work men from week to week apprehending they might therby incurr the Certification of the saids Lords late2 act anent forestalling and regrateing of victuall without the saids Lords warrand for that effect, So the great Loss of the workmen and prejudice of the work and In respect that the petitioner was Content to give what security the saids Lords should think fitt that the victuall to be bought for the use of the said work men from time to time by the petitioners baillie haveing Commission for that effect shall be bestowed and destributed amongst the said workmen for their proper and dayly use according to their need, and no wayes to be Laid up or Grinelled or Sold out to any other persones except the saids workmen and that the saids workmen Shall pay no more for the Samen then it truely Coasts in the Marcat, wherby all the ends of the saids Lords act aforsaid are fully answered. And Therfore Humbly Supplicating to the effect aftermentioned The Lords of his majesties privy Councill haveing Considered this petition given in to them be Charles Hope of Hopetoune with Consent of his Curators, They hereby Give order and warrant to the petitioners baillie or any other haveing Order from him to buy weekly at the Marcats as much victuall as will Serve the wholl above workmen for their proper use from week to week and time to time The petitioners baillie or any other he shall appoint befor extracting finding Cautione acted in the books of privy Councill under the penaltie of Fyve Hundred merks Scots money That the victuall bought for the use of the said workmen Shall be Imployed for their use allenarly and that the Same shall be given out and sold to the workmen at the pryce it was bought for in the Marcat and no higher And Declares the buyers and sellers shall not incurr the Certification contained in the said act or proclamatione and inhibits and discharges the Shirriffs Justices of peace and all others concerned to trouble the buyers or sellers in the sale delyverie and transporting of the said victuall in the termes forsaids.

1. NRS, PC2/27, 165r-166r.

2. Insertion.

1. NRS, PC2/27, 165r-166r.

2. Insertion.