Tag Archives: decreta

Act, 17 June 1697, Edinburgh

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Att Edinburgh the Seventyne day of Jwny Jaj vic nyntie Seven yeirs

D1697/6/111

Act

Act Margaret Hallkett for Stipend

Anent the petitione given in to the Lords of his majesties privie Counsell be Margaret Hallket relict of the deceast Mr Hendry Areskine Late minister of Chirnesyde Shewing that through the decease of her said husband the church of Chirnesyde hath continwed vaccant since Augwst Last wherby ther is half ane yeirs Stipend of the said paroch of Chirnesyde now bypast in the hands of those that are lyeable and Subject in payment therof And that ther Lordships Supplicant is left in a verie Low and mean conditione with four fatherles childrein no way provided for and other burdensome circumstances under which the petitioner is heaviely pressed In consideratione wherof Sir David Home of Crocerig ane of the Senators of the colledge of Justice and other creditors of William Lord Mordingtowne as haveing come in his place as patron of the said paroch and severall heretors of the said paroch and the presbetrie therof by ther severall consents have firelie and most willinglie condescended to concurr with the petitioner to supplicat ther Lordships that the half yeirs Stipend of the said paroch preceeding whitsonday Last may be payed to the petitioner for herself and four childrein as the severall consents themselvs wnder the hands of the saids creditors heretors moderator and presbetry clerk ther present to Show to ther Lordships hes testified wherby it will evidentlie appear to ther Lordships that the Said half yeirs Stipend cannot be imployed within the paroch for a more piows and charitable wse And therfor humblie craveing to the effect eftermentioned As the said petitione bears The Saids Lords of his majesties privie Counsell haveing considered the above petitione with the consents mentioned therin and prodwced therwith They heirby allow the petitioner the half yeirs Stipend of the church of Chirnesyde resting at whittsonday Last bypast for the releife and Support of herself and four fatherles childrein and decerns and ordaines her to be readielie ansuered obeyed and payed of the said half yeirs Stipend by the heretors fewers Liferenters wodsetters titullars tacksemen of teinds tennents possessors and others lyable in payment of the Same And ordaines Letters of horneing to be direct at the petitioners instance against the heretors and others foirsaids lyable in payment of the said half yeirs Stipend upon productione of a decreit of Localitie And in caise ther be non ordaines the heretors and others foirsaids to make payment of ther respective proportiones of the said half yeirs Stipend according as they Shall be decerned by the Jwdge ordinary

Att Edinburgh the Seventyne day of Jwny Jaj vic nyntie Seven yeirs

D1697/6/111

Act

Act Margaret Hallkett for Stipend

Anent the petitione given in to the Lords of his majesties privie Counsell be Margaret Hallket relict of the deceast Mr Hendry Areskine Late minister of Chirnesyde Shewing that through the decease of her said husband the church of Chirnesyde hath continwed vaccant since Augwst Last wherby ther is half ane yeirs Stipend of the said paroch of Chirnesyde now bypast in the hands of those that are lyeable and Subject in payment therof And that ther Lordships Supplicant is left in a verie Low and mean conditione with four fatherles childrein no way provided for and other burdensome circumstances under which the petitioner is heaviely pressed In consideratione wherof Sir David Home of Crocerig ane of the Senators of the colledge of Justice and other creditors of William Lord Mordingtowne as haveing come in his place as patron of the said paroch and severall heretors of the said paroch and the presbetrie therof by ther severall consents have firelie and most willinglie condescended to concurr with the petitioner to supplicat ther Lordships that the half yeirs Stipend of the said paroch preceeding whitsonday Last may be payed to the petitioner for herself and four childrein as the severall consents themselvs wnder the hands of the saids creditors heretors moderator and presbetry clerk ther present to Show to ther Lordships hes testified wherby it will evidentlie appear to ther Lordships that the Said half yeirs Stipend cannot be imployed within the paroch for a more piows and charitable wse And therfor humblie craveing to the effect eftermentioned As the said petitione bears The Saids Lords of his majesties privie Counsell haveing considered the above petitione with the consents mentioned therin and prodwced therwith They heirby allow the petitioner the half yeirs Stipend of the church of Chirnesyde resting at whittsonday Last bypast for the releife and Support of herself and four fatherles childrein and decerns and ordaines her to be readielie ansuered obeyed and payed of the said half yeirs Stipend by the heretors fewers Liferenters wodsetters titullars tacksemen of teinds tennents possessors and others lyable in payment of the Same And ordaines Letters of horneing to be direct at the petitioners instance against the heretors and others foirsaids lyable in payment of the said half yeirs Stipend upon productione of a decreit of Localitie And in caise ther be non ordaines the heretors and others foirsaids to make payment of ther respective proportiones of the said half yeirs Stipend according as they Shall be decerned by the Jwdge ordinary

1. NRS, PC2/26, 360v-361r.

1. NRS, PC2/26, 360v-361r.

Sederunt, 17 June 1697, Edinburgh

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Att Edinburgh the Seventyne day of Jwny Jaj vic nyntie Seven yeirs1

D1697/6/102

Sederunt

Lord Chancellor; Earl of Melvill; Duke of Qweensberry; Earl of Argyll; Earl of Southerland; Earl of Marr; Earl of Morton; Earl of Lauderdale; Earl of Lothian; Earl of Loudoun; Earl of Leven; Earl of Annandale; Earl of Forffar; Earl of Ruglen; Lord Secretarie Ogilvie; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Laird of Pollock; Proveist of Edinburgh; Laird of Kellburne; Sir Patrick Murray

Att Edinburgh the Seventyne day of Jwny Jaj vic nyntie Seven yeirs1

D1697/6/102

Sederunt

Lord Chancellor; Earl of Melvill; Duke of Qweensberry; Earl of Argyll; Earl of Southerland; Earl of Marr; Earl of Morton; Earl of Lauderdale; Earl of Lothian; Earl of Loudoun; Earl of Leven; Earl of Annandale; Earl of Forffar; Earl of Ruglen; Lord Secretarie Ogilvie; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Laird of Pollock; Proveist of Edinburgh; Laird of Kellburne; Sir Patrick Murray

1. NRS, PC2/26, 360v.

2. NRS, PC2/26, 360v.

1. NRS, PC2/26, 360v.

2. NRS, PC2/26, 360v.

Judicial Proceeding, 15 June 1697, Edinburgh

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Att Edinburgh the fiftein day of Juny Jaj vic nyntie seven yeirs

D1697/6/91

Judicial Proceeding

Remit the Earle of Sowtherland and Knox

Anent the petitione given in to the Lords of his majesties privie Counsell be George Earle of Southerland Shewing That wher it is well knowen how much trouble and expenss the petitioner was at in redwceing ane pretended nominatione fownded on by Arbuthnot of Knox fall colloureing the said Knox his wnwarrantable intromissiones with the meanes and estate of the Viscount of Arbuthnot the petitioners Grandchild as if he had bein tutor testamenter Dwelie Left by the Last Viscownt And Likewayes what expensses it coast the petitioner in establishing rwles of administratione and manadgement with the said Knox wherby to Secure against all hazards by his intromission as tutor in Law wherupon Ther Lordships haveing appointed the said Knox to pay the petitioner Eight Hundereth merks yeirlie for defraying the expensses of the Viscount of Arbuthnot the petitioners grandchild and his governour and ther bed and board And ther Lordships haveing remitted the consideratione of what was debursed be the petitioner on the Viscounts other necessaries Such as cloaths pocket money Governour and Schoollmaister fies with the fees of chirurgions and phisitions and others attour bed and board expended by the petitioner to the Lords of Sessione to be Summarlie discust ther Lordships took all the petitioners saids articles of expensses into ther consideratione except as to the accompts of his Law depursements which throw the Litigiowsenes of the Said tutor amounted at that tyme to the Soume of Ane Thowsand and thrie pwnds Scotts In regaird the Same was not Speciallie mentioned in ther Lordships remit And albeit the Lords did decerne the twtor in payment of the debursements acclaimed by the petitionre on accompt of other incident charges attour the Viscounts bed and board afoirsaid amounting to about Four Hundereth and fiftie punds Scotts as ther Lordships Decreit therwith prodwced can testifie Nevertheles soe refractorie and Litigiows is the tutor that he refwises to pay as he hes Likewayes declyned the implementing the articles and termes of his administratione once Solemnlie agried unto betuixt him and the petitioner that the petitioner hes bein necessitat to his great expenses and trouble to renew perswites against him be for the Lords of Sessione wherin they prodwced ther decreits and acts in the petitioners favoures As the extract of the Same amounting to near fiftie Sheets of paper therwith Likewayes prodwced can testifie wherthrow the petitioner is not onlie putt to ane new accompt of expenses of Law and furder debursements for the lyke necessaries for his grandchild as are above exprest amounting conforme to particular accompt of the Same therwith given in to Six Hundereth and eightie punds Scotts which with the former accompt of Law expensses amounts in all to the Soume of Ane Thousand Six Hundereth and eightie thrie pund Scots that the twtor does contentiowselie and wrongouselie refwise to pay the petitioner Likeas the tutor his way of disappointing the effect of Legall Sentances als well as of his conventionall agriements with the petitioner by Suspending the Same upon frivolows grownds of purpose to creat the petitioner more expensses being now most manifest ther is nothing can Secure the petitioner against the Loss of expending als much upon perswites att Law against Knox for payment of what he necessarlie expend as a foirsaid upon the Viscount his grandchild as his necessaries will amownt to and more But that Knox be ordained for tymes to come to advance the petitioner Such ane Sowme termlie as ther Lordships thinks reasoneable that therby he may have wherwith to defray the expensses of the Viscounts other necessaries without the hazard of expending twice als much upon Law against the tutor befor he can be repayed therof Therfore and Seing the petitioner desyres not to be gainer in one Sixpence at his grandchilds hands But onlie that his tutor may not continwallie abuse him in the mater of refownding his debursements on his grandchild so profiteable necessaries And therfor Humblie craveing ther Lordships would be pleased not onlie to decerne the said tutor in payment of the petitioners said accompt and clame of Ane Thousand Six hundereth eightie thrie pund Scots afoirsaid But Likewayes to ordaine the tutor to advance betuixt and Lambmes next for the yeir ensweing the petitioner yeirlie Such ane Soume as ther Lordships Shall think reasoneable begining the first yeirs advance betuixt and Lambmes next for the yeir insweing And that to be yeirlie compted for be the petitioner in Such Sort as if any thing remained attour the yeirs contingent expensses the same may be reckoned upon in the first end of the tutors next yeirs advance As the said petitione bears which petitione being upon the eight of Jwne instant read in presence of the Saids Lords of privie Counsell they allowed the Laird of Knox to Sie and ansuer the Same And the other petitione be Alexander Arbuthnet of Knox be way of answer to the Earles petitione efter he had Sein the Same Shewing That wher The Earle of Southerland haveing given in a petitione to ther Lordships Representing the great trouble and expensses he hes bein putt to in reduceing the Late Viscount of Arbuthnets nominatione of tutors to his childrein and manadgers to his estate and expensses of establishing rwles of administratione to Knox as now tutor in Law And that ther Lordships had appointed ane aliment to the Earle for the now Viscownt and had remitted to the Lords of Sessione to consider the expensses debursed be the Earle for the Viscownt of necessaries Such as cloaths etc to be Sumarlie discust And Complaineing of the great expensses that Knox occasiones the Earle from tyme to tyme by chargeing him to implement his articles by his Litigiows defending of process and wnjust Suspending of the charges given on purpose to creat more expensses and trouble to the Earle And therfore craves that ther Lordships would ordaine the twtor to pay Ane thousand Six hundereth eightie thrie pund Scotts of expensses alreadie debursed be the Earle and would Likewayes ordaine Knox as tutor to advance to the Earle Such a Soume as ther Lordships Shall think reasoneable for the Viscounts contingent expensses The Viscount and his tutor hes mett with a great many petitioners and complaints of this nature and have bein brought to a great dale of wnnecessarie charges and expensses in makeing answers and defending process without any foundatione in Law or Justice and it is not ordinarie for ther Lordships to admit of Such addresses or to receave complaints against any persone far Less a minor and his tutor without citatione And all that the Viscount or Knox his tutors advocat can ansuer at this tyme is that the Viscount2 nor his tutor are cited to ansuer to the complaint given in against them But that ther Lordships may be Somewhat informed of the mater of fact It is trwe that the Earle putt himself to a great dale of neidles expensses in redwceing the Late Viscounts nominatione which perhapps may be thought by the Viscownt when he duelie Considers his own affairs to tend verie Litle to his advantage Knox and Lies for Satisfieing the Earle and for removeing all differences did enter in ane agriement with him in his own termes But the methods taken by them theranent hes occasioned them a great dale of trouble and expensses and the Long act that the Earle mentions as prodwced with his bill if duely considered will evidence a great pairt of what is heir represented But it cannot be made appear that the tutor hes failled in any pairt wherin he was bownd be these articles The Earles main designe in this petitione is that ther Lordships would grant a modificatione over and above the Viscounts aliment for defraying expensses of his contingencies to be payed yeirlie be advance when he finds that the Lords of Sessione have found that in Law no Such modificatione can be granted what is now craved by The Earle As to the modificatione of a Soume for contingencies was formerlie craved in a former petition and remitted by ther Lordships to the Lords of Session and by them rejected for the most that any tutor can be lyable for is for what can be instructed to be profiteable expended for the pwpill And that efter expending therof It is impossible for the tutor to pay any thing for the pupill or to make any advances But out of the product of his estate Its knowen to the Earle that the victwall rent of the viscownts estate was sold in this towne and the first moyetie commences at this present terme And as the twtor hes hitherto pwnctwallie payed the Earle for the Viscounts aliment so owt of the first that shall be payed as this terme Shall be payed of what is presentlie dwe for the viscownt and his brothers and sisters aliment with what the Earle hes given out for the Viscounts other necessaries It is needles to trouble ther Lordships with a new representatione of the trouble the tutor and his freinds have bein brought to both befor ther Lordships the Sessione and parliament and back from the one to the other which certainlie must occasione the Viscount a great dale of expensses But ther Lordships Shall gett no furder trouble theranent And therfore Its humbly expected that ther Lordships will refwise the desyre of the Earles petitione and Leave him to the ordinarie course of Law which is the comoun rwle by which all tutors must regulat ther manadgement and the tutor will willinglie acqeiesce that any proces that may be comenced by The Earle be Summarlie discust that ther by wnnecessarie expensses may be prevened3 The Lords of his majesties privie Counsell haveing considered both the above petitiones They heirby remitt both the saids petitiones and Severall points therin contained to The Lords of Counsell and Sessione to be proceeded in discust and determined by ther Lordships Summarlie without necessitie of abideing the Course of the Roll

Att Edinburgh the fiftein day of Juny Jaj vic nyntie seven yeirs

D1697/6/91

Judicial Proceeding

Remit the Earle of Sowtherland and Knox

Anent the petitione given in to the Lords of his majesties privie Counsell be George Earle of Southerland Shewing That wher it is well knowen how much trouble and expenss the petitioner was at in redwceing ane pretended nominatione fownded on by Arbuthnot of Knox fall colloureing the said Knox his wnwarrantable intromissiones with the meanes and estate of the Viscount of Arbuthnot the petitioners Grandchild as if he had bein tutor testamenter Dwelie Left by the Last Viscownt And Likewayes what expensses it coast the petitioner in establishing rwles of administratione and manadgement with the said Knox wherby to Secure against all hazards by his intromission as tutor in Law wherupon Ther Lordships haveing appointed the said Knox to pay the petitioner Eight Hundereth merks yeirlie for defraying the expensses of the Viscount of Arbuthnot the petitioners grandchild and his governour and ther bed and board And ther Lordships haveing remitted the consideratione of what was debursed be the petitioner on the Viscounts other necessaries Such as cloaths pocket money Governour and Schoollmaister fies with the fees of chirurgions and phisitions and others attour bed and board expended by the petitioner to the Lords of Sessione to be Summarlie discust ther Lordships took all the petitioners saids articles of expensses into ther consideratione except as to the accompts of his Law depursements which throw the Litigiowsenes of the Said tutor amounted at that tyme to the Soume of Ane Thowsand and thrie pwnds Scotts In regaird the Same was not Speciallie mentioned in ther Lordships remit And albeit the Lords did decerne the twtor in payment of the debursements acclaimed by the petitionre on accompt of other incident charges attour the Viscounts bed and board afoirsaid amounting to about Four Hundereth and fiftie punds Scotts as ther Lordships Decreit therwith prodwced can testifie Nevertheles soe refractorie and Litigiows is the tutor that he refwises to pay as he hes Likewayes declyned the implementing the articles and termes of his administratione once Solemnlie agried unto betuixt him and the petitioner that the petitioner hes bein necessitat to his great expenses and trouble to renew perswites against him be for the Lords of Sessione wherin they prodwced ther decreits and acts in the petitioners favoures As the extract of the Same amounting to near fiftie Sheets of paper therwith Likewayes prodwced can testifie wherthrow the petitioner is not onlie putt to ane new accompt of expenses of Law and furder debursements for the lyke necessaries for his grandchild as are above exprest amounting conforme to particular accompt of the Same therwith given in to Six Hundereth and eightie punds Scotts which with the former accompt of Law expensses amounts in all to the Soume of Ane Thousand Six Hundereth and eightie thrie pund Scots that the twtor does contentiowselie and wrongouselie refwise to pay the petitioner Likeas the tutor his way of disappointing the effect of Legall Sentances als well as of his conventionall agriements with the petitioner by Suspending the Same upon frivolows grownds of purpose to creat the petitioner more expensses being now most manifest ther is nothing can Secure the petitioner against the Loss of expending als much upon perswites att Law against Knox for payment of what he necessarlie expend as a foirsaid upon the Viscount his grandchild as his necessaries will amownt to and more But that Knox be ordained for tymes to come to advance the petitioner Such ane Sowme termlie as ther Lordships thinks reasoneable that therby he may have wherwith to defray the expensses of the Viscounts other necessaries without the hazard of expending twice als much upon Law against the tutor befor he can be repayed therof Therfore and Seing the petitioner desyres not to be gainer in one Sixpence at his grandchilds hands But onlie that his tutor may not continwallie abuse him in the mater of refownding his debursements on his grandchild so profiteable necessaries And therfor Humblie craveing ther Lordships would be pleased not onlie to decerne the said tutor in payment of the petitioners said accompt and clame of Ane Thousand Six hundereth eightie thrie pund Scots afoirsaid But Likewayes to ordaine the tutor to advance betuixt and Lambmes next for the yeir ensweing the petitioner yeirlie Such ane Soume as ther Lordships Shall think reasoneable begining the first yeirs advance betuixt and Lambmes next for the yeir insweing And that to be yeirlie compted for be the petitioner in Such Sort as if any thing remained attour the yeirs contingent expensses the same may be reckoned upon in the first end of the tutors next yeirs advance As the said petitione bears which petitione being upon the eight of Jwne instant read in presence of the Saids Lords of privie Counsell they allowed the Laird of Knox to Sie and ansuer the Same And the other petitione be Alexander Arbuthnet of Knox be way of answer to the Earles petitione efter he had Sein the Same Shewing That wher The Earle of Southerland haveing given in a petitione to ther Lordships Representing the great trouble and expensses he hes bein putt to in reduceing the Late Viscount of Arbuthnets nominatione of tutors to his childrein and manadgers to his estate and expensses of establishing rwles of administratione to Knox as now tutor in Law And that ther Lordships had appointed ane aliment to the Earle for the now Viscownt and had remitted to the Lords of Sessione to consider the expensses debursed be the Earle for the Viscownt of necessaries Such as cloaths etc to be Sumarlie discust And Complaineing of the great expensses that Knox occasiones the Earle from tyme to tyme by chargeing him to implement his articles by his Litigiows defending of process and wnjust Suspending of the charges given on purpose to creat more expensses and trouble to the Earle And therfore craves that ther Lordships would ordaine the twtor to pay Ane thousand Six hundereth eightie thrie pund Scotts of expensses alreadie debursed be the Earle and would Likewayes ordaine Knox as tutor to advance to the Earle Such a Soume as ther Lordships Shall think reasoneable for the Viscounts contingent expensses The Viscount and his tutor hes mett with a great many petitioners and complaints of this nature and have bein brought to a great dale of wnnecessarie charges and expensses in makeing answers and defending process without any foundatione in Law or Justice and it is not ordinarie for ther Lordships to admit of Such addresses or to receave complaints against any persone far Less a minor and his tutor without citatione And all that the Viscount or Knox his tutors advocat can ansuer at this tyme is that the Viscount2 nor his tutor are cited to ansuer to the complaint given in against them But that ther Lordships may be Somewhat informed of the mater of fact It is trwe that the Earle putt himself to a great dale of neidles expensses in redwceing the Late Viscounts nominatione which perhapps may be thought by the Viscownt when he duelie Considers his own affairs to tend verie Litle to his advantage Knox and Lies for Satisfieing the Earle and for removeing all differences did enter in ane agriement with him in his own termes But the methods taken by them theranent hes occasioned them a great dale of trouble and expensses and the Long act that the Earle mentions as prodwced with his bill if duely considered will evidence a great pairt of what is heir represented But it cannot be made appear that the tutor hes failled in any pairt wherin he was bownd be these articles The Earles main designe in this petitione is that ther Lordships would grant a modificatione over and above the Viscounts aliment for defraying expensses of his contingencies to be payed yeirlie be advance when he finds that the Lords of Sessione have found that in Law no Such modificatione can be granted what is now craved by The Earle As to the modificatione of a Soume for contingencies was formerlie craved in a former petition and remitted by ther Lordships to the Lords of Session and by them rejected for the most that any tutor can be lyable for is for what can be instructed to be profiteable expended for the pwpill And that efter expending therof It is impossible for the tutor to pay any thing for the pupill or to make any advances But out of the product of his estate Its knowen to the Earle that the victwall rent of the viscownts estate was sold in this towne and the first moyetie commences at this present terme And as the twtor hes hitherto pwnctwallie payed the Earle for the Viscounts aliment so owt of the first that shall be payed as this terme Shall be payed of what is presentlie dwe for the viscownt and his brothers and sisters aliment with what the Earle hes given out for the Viscounts other necessaries It is needles to trouble ther Lordships with a new representatione of the trouble the tutor and his freinds have bein brought to both befor ther Lordships the Sessione and parliament and back from the one to the other which certainlie must occasione the Viscount a great dale of expensses But ther Lordships Shall gett no furder trouble theranent And therfore Its humbly expected that ther Lordships will refwise the desyre of the Earles petitione and Leave him to the ordinarie course of Law which is the comoun rwle by which all tutors must regulat ther manadgement and the tutor will willinglie acqeiesce that any proces that may be comenced by The Earle be Summarlie discust that ther by wnnecessarie expensses may be prevened3 The Lords of his majesties privie Counsell haveing considered both the above petitiones They heirby remitt both the saids petitiones and Severall points therin contained to The Lords of Counsell and Sessione to be proceeded in discust and determined by ther Lordships Summarlie without necessitie of abideing the Course of the Roll

1. NRS, PC2/26, 357r-360v.

2. The word ‘was’ scored out here.

3. Sic.

1. NRS, PC2/26, 357r-360v.

2. The word ‘was’ scored out here.

3. Sic.

Act, 15 June 1697, Edinburgh

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Att Edinburgh the fiftein day of Juny Jaj vic nyntie seven yeirs

D1697/6/81

Act

Act Druniestowne and Ehot anent a Silk manufactorie

Anent the petitione given in to the Lords of his majesties privie Cownsell bie Joseph Druniestowne and William Ehot merchands Shewing That wher the setting up of a manwfactorie for the winding thrawing and dying of Raw Silk brought home in the Cale will be of great advantage for the good of this kingdome This being indeed the fowndatione and grownd work for all other Silk manufactories and which would imploy a great many poor people in the natione and will considerablie diminish her farraigne import And therby make the ballance of trade much more favoureable As also what may prove a means2 throw tyme to open a trade directlie from Scottland to Twrkie which is one of the most profiteable and inriching trades knowen And furder the prosecuteing of this project will much Advance the manwfactories of Buttons gallowns Silk Stockings and the lyke And the wndertakers doe purpose to bring downe severall families who make Broad Silks God and Silver thread etc and noe doubt many of the norrage weavers may be incouradged to come and establish in this countrey wher they may Live and work at easie rates By all which ther Lordships may sie the probable advantage of the manwfactorie desyred which also was alreadie granted in the yeir Jaj vic eightie two to one George Sandrew and with the Speciall priviledge that he alone might sett up and work in the said manwfactorie of twisting and thrawing all Sorts of 3raw and unwrought Silk by himself and his servants for the space of Seventyne yeirs dischargeing all others to sett up and work therin dureing the said space under the paine of confiscatione As the act of the Lords of privie Cownsell therupon therwith produced bears And Seing that the foirsaid act took no effect And that the designe purposed doeth promise all these advantagiows abovement and deserves the same incouradgement that hath alreadie bein granted by ther Lordships predecessors And therfore humbly craveing to the effect eftermentioned As the said petitione Bears Which being this day red and considered be the saids Lords of privie Cownsell with the act of Cownsell mentioned therin and prodwced therwith They have awthorized and heirby awthorizes the petitioners to sett up and prosecute the above manwfactorie of winding thrawing twisting and Dying all sorts of raw and wnwrought silk and declaires the same to have all the liberties priviledges and immwnities granted by act of parliament to manwfactories

Att Edinburgh the fiftein day of Juny Jaj vic nyntie seven yeirs

D1697/6/81

Act

Act Druniestowne and Ehot anent a Silk manufactorie

Anent the petitione given in to the Lords of his majesties privie Cownsell bie Joseph Druniestowne and William Ehot merchands Shewing That wher the setting up of a manwfactorie for the winding thrawing and dying of Raw Silk brought home in the Cale will be of great advantage for the good of this kingdome This being indeed the fowndatione and grownd work for all other Silk manufactories and which would imploy a great many poor people in the natione and will considerablie diminish her farraigne import And therby make the ballance of trade much more favoureable As also what may prove a means2 throw tyme to open a trade directlie from Scottland to Twrkie which is one of the most profiteable and inriching trades knowen And furder the prosecuteing of this project will much Advance the manwfactories of Buttons gallowns Silk Stockings and the lyke And the wndertakers doe purpose to bring downe severall families who make Broad Silks God and Silver thread etc and noe doubt many of the norrage weavers may be incouradged to come and establish in this countrey wher they may Live and work at easie rates By all which ther Lordships may sie the probable advantage of the manwfactorie desyred which also was alreadie granted in the yeir Jaj vic eightie two to one George Sandrew and with the Speciall priviledge that he alone might sett up and work in the said manwfactorie of twisting and thrawing all Sorts of 3raw and unwrought Silk by himself and his servants for the space of Seventyne yeirs dischargeing all others to sett up and work therin dureing the said space under the paine of confiscatione As the act of the Lords of privie Cownsell therupon therwith produced bears And Seing that the foirsaid act took no effect And that the designe purposed doeth promise all these advantagiows abovement and deserves the same incouradgement that hath alreadie bein granted by ther Lordships predecessors And therfore humbly craveing to the effect eftermentioned As the said petitione Bears Which being this day red and considered be the saids Lords of privie Cownsell with the act of Cownsell mentioned therin and prodwced therwith They have awthorized and heirby awthorizes the petitioners to sett up and prosecute the above manwfactorie of winding thrawing twisting and Dying all sorts of raw and wnwrought silk and declaires the same to have all the liberties priviledges and immwnities granted by act of parliament to manwfactories

1. NRS, PC2/26, 356v-357r.

2. The word ‘from’ scored out here.

3. The letters ‘th’ are scored out at the start of this word.

1. NRS, PC2/26, 356v-357r.

2. The word ‘from’ scored out here.

3. The letters ‘th’ are scored out at the start of this word.

Sederunt, 15 June 1697, Edinburgh

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Att Edinburgh the fiftein day of Juny Jaj vic nyntie seven yeirs1

D1697/6/72

Sederunt

Lord Chancellor; Earl of Melvill; Duke of Qweensberry; Earl of Argyll; Earl of Southerland; Earl of Marr; Earl of Morton; Earl of Lothian; Earl of Lowdowne; Earl of Leven; Earl of Forffar; Earl of Rwglen; Viscount Tarbatt; Lord Montgomery; Lord Secretarie Ogilvie; Lord Advocat; Lord Justice Clerk; Lord Anstruther; Laird of Pollock; Laird of Kellburne; Sir Patrick Murray

Att Edinburgh the fiftein day of Juny Jaj vic nyntie seven yeirs1

D1697/6/72

Sederunt

Lord Chancellor; Earl of Melvill; Duke of Qweensberry; Earl of Argyll; Earl of Southerland; Earl of Marr; Earl of Morton; Earl of Lothian; Earl of Lowdowne; Earl of Leven; Earl of Forffar; Earl of Rwglen; Viscount Tarbatt; Lord Montgomery; Lord Secretarie Ogilvie; Lord Advocat; Lord Justice Clerk; Lord Anstruther; Laird of Pollock; Laird of Kellburne; Sir Patrick Murray

1. NRS, PC2/26, 356r.

2. NRS, PC2/26, 356r.

1. NRS, PC2/26, 356r.

2. NRS, PC2/26, 356r.

Act, 10 June 1697, Edinburgh

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Att Edinburgh the Tenth of Jwne Jaj vic nyntie Seven yeirs

D1697/6/61

Act

Act The Lady Banhourie and others

Anent the bill of Suspensione given in to the Lords of his majesties privie Cownsell Be Margaret Mhur liferenter of the Lands of Barnehourie James Lindasy John Mcqween James Aflect Bessie Mulliken John Cafren Andrew Killgourie Thomas Dowglas and James Lees her tennents and coatters of the saids Lands That wher they are qwartered upon poinded and distressed By Serjeant Rutherfurd and Serjeant Willsone and ane pawcitie of Souldiers wnder ther Comand by vertue of ane pretend warrand or order from the Commissioners of Supplie of the Stewartrie of Kirkcudbright dated the first of Jwne instant Most wrongously and wnjustlie Considering it is of veritie That they are not debitors in a sixpense of the Supplie neither is it alleadged or pretended against them that they are debitors But the foirsaid order being to qwarter upon Clerk McKnaught collector of Supplie of the said stewartrie and his Cautioners And wher the saids collector and Cautioners are not poundable ther is warrant therby granted to pound the tennents and coatters of the qwartering money As ane extract of the said warrand therwith Showen hes testified And Charles Murray of Bamhoury the petitioners son being fiar of the foirsaids Lands Liferenters be her the said pairtie upon that pretended most injustlie and wnwarrantable qwarter upon the petitioner and her saids tennents which is a gross and pallpable ryot and oppressione and Severelie pwnishable And for which the petitioners have raised Letters for convening the foirnamed persones befor the Lords of his majesties privie Counsell In respect wherof the foirsaid order for qwartering 2 ought to be Suspended and the partie removed and the said pairtie discharged of furder troubleing or qwartering upon the petitioner or her Saids tennents or cotters And that without Cautione or consignatione In respect they are nowayes debitors nor concerned as said is Whilk bill of Suspensione being this day read in presence of the Lords of his majesties privie Cownsell They heirby refwise to pass the bill of Suspensione But allowed the Suspenders to raise a complaint befor ther Lordships And in the mein tyme ordaines the pairtie qwartered upon the Suspenders to be removed without payment of qwartering money The Suspenders first finding Cawtione acted in the books of privie Counsell that they Shall make payment of the Cess or Supply and qwartering money for which the pairtie is qwartered upon them in caice it shall be fownd by The Lords of privie Counsell or any other Judge Competent that they owght soe to doe

Att Edinburgh the Tenth of Jwne Jaj vic nyntie Seven yeirs

D1697/6/61

Act

Act The Lady Banhourie and others

Anent the bill of Suspensione given in to the Lords of his majesties privie Cownsell Be Margaret Mhur liferenter of the Lands of Barnehourie James Lindasy John Mcqween James Aflect Bessie Mulliken John Cafren Andrew Killgourie Thomas Dowglas and James Lees her tennents and coatters of the saids Lands That wher they are qwartered upon poinded and distressed By Serjeant Rutherfurd and Serjeant Willsone and ane pawcitie of Souldiers wnder ther Comand by vertue of ane pretend warrand or order from the Commissioners of Supplie of the Stewartrie of Kirkcudbright dated the first of Jwne instant Most wrongously and wnjustlie Considering it is of veritie That they are not debitors in a sixpense of the Supplie neither is it alleadged or pretended against them that they are debitors But the foirsaid order being to qwarter upon Clerk McKnaught collector of Supplie of the said stewartrie and his Cautioners And wher the saids collector and Cautioners are not poundable ther is warrant therby granted to pound the tennents and coatters of the qwartering money As ane extract of the said warrand therwith Showen hes testified And Charles Murray of Bamhoury the petitioners son being fiar of the foirsaids Lands Liferenters be her the said pairtie upon that pretended most injustlie and wnwarrantable qwarter upon the petitioner and her saids tennents which is a gross and pallpable ryot and oppressione and Severelie pwnishable And for which the petitioners have raised Letters for convening the foirnamed persones befor the Lords of his majesties privie Counsell In respect wherof the foirsaid order for qwartering 2 ought to be Suspended and the partie removed and the said pairtie discharged of furder troubleing or qwartering upon the petitioner or her Saids tennents or cotters And that without Cautione or consignatione In respect they are nowayes debitors nor concerned as said is Whilk bill of Suspensione being this day read in presence of the Lords of his majesties privie Cownsell They heirby refwise to pass the bill of Suspensione But allowed the Suspenders to raise a complaint befor ther Lordships And in the mein tyme ordaines the pairtie qwartered upon the Suspenders to be removed without payment of qwartering money The Suspenders first finding Cawtione acted in the books of privie Counsell that they Shall make payment of the Cess or Supply and qwartering money for which the pairtie is qwartered upon them in caice it shall be fownd by The Lords of privie Counsell or any other Judge Competent that they owght soe to doe

1. NRS, PC2/26, 355v-356r.

2. The word ‘upon’ scored out here.

1. NRS, PC2/26, 355v-356r.

2. The word ‘upon’ scored out here.

Decreet, 10 June 1697, Edinburgh

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Att Edinburgh the Tenth of Jwne Jaj vic nyntie Seven yeirs

D1697/6/51

Decreet

Certificatione The Lady Colltewchar and uthers Against Ladiewell and others

Anent the lybell or Letters of Complaint raised and persewed befor the Lords of privie Counsell at the instance of David Moncreiff and John Miller messengers Jean Drummond Lady Colltewcher and Elizabeth Stewart her daughter with concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater wnder written Makeing mentione That wher albeit by the Commowne Law and Lawes and acts of parliament of this kingdome the deforceing of messingers and other ministers of the Law in the executione of ther office Be crymes of ane high nature and severlie pwnishable and by the one Hundereth and eightein act parliament Seventh King James the Sixth It is expresslie Statute and ordained that all persones who shall happen to be convict of deforceing of messingers and other ministers of the Law in the execution of ther office Shall be pwnished by escheat of ther movells and in ther persones at our will and ther escheat to be burdened with the payment of the debt and of the pairties expensses highlie taxed by and attoure the pairties other damnadges And by the one Hundereth and fiftie act parliament twelve King James the Sixth It is expresslie Staitut and ordained that all deforcers of messengers and officers Shall Lose ther haill movells The one half therof to be applyed for our wse and the other half for the wse of the pairtie And by the Eightie fourth act parliament Eleventh King James the Sixth The lives and goods of all persones deforcers of officers in the executione of their officers are appointed to be in our will Notwithstanding wherof trwe it is and off veritie that the Saids David Moncreiff and John Miller messengers haveing upon the Eightein day of Janwarie Last bypast gone with Letters of poinding raised at the instance of the said Jean Drummond Lady Colltewcher and Elizabeth Stewart her doughter the Complainers to the grownd of the Lands of Litle Dunkeld and Ladywall and haveing ther Blazons on ther breasts and by vertue of the Saids Letters poinded horses Cowes and other bestiall belonging to John Stewart of Ladiewell and his tennents Trwe it is that Mr Thomas Stewart brother Jermane to John Stewart of Ladywall with John Robertsone William Rwthven and John Brwgh domestick Servant to the Said Laird of Ladywell Dwncan Geirgor Thomas Greigor Thomas Burrne George Dwncan David Low Smith ther John Gordon Andrew Keir John Knawghtowne All in the Litle Dwnkeld John Dwff at the milne of Ladiewall John Keir in Claypotts John Crimzer in Litlewaird of Ladiewall Robert Keir James Keir Robert Hendrie Robert Donaldsone James Grimond and Thomas Burrne All in Clay potts of Ladiewall and others ther accomplices Allarmed with gwns swords great battons etc to the number of Ane Hundered men did fall upon the Saids messengers and ther assistance and beatt them in a most crwell and barbarows maner to the great effwsione of ther blood and gave them many Blae Strockes with ther pitch forkes and battons And by open force and bangastrie tooke back and caried away the horses nolt and other goods which they had poinded threatening that if ever they came back againe to execute any Letters upon that ground they Should be all killed Like doggs and bidding them in a most insolent maner be goeing with the Sore bones they had gotten And thank God they had feared noe worse and Sweareing to Doe them farr greater mischeiff if ever they returned Such ane eareand againe Lykeas upon the nyntine day of the moneth of december Last bypast the Saids Complainers haveing apprised Some cornes Standing in the barne yeard of Ladywall and upon the Letters and for the causes above written haveing Caried ane Sample therof to the mercat cross of Pearth and caused appretiat the Same in the wswall maner And haveing returned againe to the said barne yeard upon the twentie one day of the Said moneth with Alexander Challmers in Dunning and approven corne caster in that Countrie To have poynded and casten the saids cornes John Stewart of Ladiewall with ane number of his tennents and Servants armed as affoirsaid did come and Stopp the Said corne caster and the two Complainers who went as messingers with them Sweareing that if they Should offer to cast any of his cornes he Should make them dropp from the Stack head to the grownd dead Lyke felled Cowes And by violence and threatning not onlie imped and hindered the Said poinding But also drove them owt of the Said Corne yeard Wpon all which the Saids Messingers haveing the Letters of poinding in ther hands and ther blazons on ther breasts did breake ther wands of peace and protested for remeid of Law By doeing wherof the Saids John Stewart of Ladiewall and Mr Thomas Stewart his brother and the other persones above complained upon are gwiltie of ane open and manifest deforcement violence and oppressione For which they owght to be pwnished in ther persones and goods Conforme to the Lawes of the Kingdome to the example and terror of others to doe the Like in tyme comeing And Anent the charge given to the saids defenders to have Compeared personallie befoir the saids Lords of privie Counsell at ane certaine day now bygone to have answered to the grownds of the above Complaint And to have heard and sein such order and course taken theranent As the Saids Lords Should think fitt wnder the paine of rebellione etc As the saids Letters or lybell of complaint and executiones therof at more length bears The which lybell being this day called in presence of The Lords of his majesties privie Cownsell And all the persewers Compeareing personallie with Sir David Thores ther advocat And Sir James Stewart his majesties advocat for his majesties interest compeareing personallie And the haill defenders being all Laufullie cited oftymes called and not compeareing The Saids Lords of his majesties privie Counsell doe heirby grant Letters Certificatione against the haill defenders foirsaids in respect of ther absence and not compeirance And ordains Letters of Denunceatione to be direct to messengers at armes Comanding them to pass to the mercat croce of […] and other places needfull and ther in his majesties name and authoritie duelie laufullie and orderlie denunce the haill foirnamed persones defenders his majesties rebells Escheat and inbring all ther moveable goods and geir to his majesties wse for ther contempt and disobedience

Att Edinburgh the Tenth of Jwne Jaj vic nyntie Seven yeirs

D1697/6/51

Decreet

Certificatione The Lady Colltewchar and uthers Against Ladiewell and others

Anent the lybell or Letters of Complaint raised and persewed befor the Lords of privie Counsell at the instance of David Moncreiff and John Miller messengers Jean Drummond Lady Colltewcher and Elizabeth Stewart her daughter with concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater wnder written Makeing mentione That wher albeit by the Commowne Law and Lawes and acts of parliament of this kingdome the deforceing of messingers and other ministers of the Law in the executione of ther office Be crymes of ane high nature and severlie pwnishable and by the one Hundereth and eightein act parliament Seventh King James the Sixth It is expresslie Statute and ordained that all persones who shall happen to be convict of deforceing of messingers and other ministers of the Law in the execution of ther office Shall be pwnished by escheat of ther movells and in ther persones at our will and ther escheat to be burdened with the payment of the debt and of the pairties expensses highlie taxed by and attoure the pairties other damnadges And by the one Hundereth and fiftie act parliament twelve King James the Sixth It is expresslie Staitut and ordained that all deforcers of messengers and officers Shall Lose ther haill movells The one half therof to be applyed for our wse and the other half for the wse of the pairtie And by the Eightie fourth act parliament Eleventh King James the Sixth The lives and goods of all persones deforcers of officers in the executione of their officers are appointed to be in our will Notwithstanding wherof trwe it is and off veritie that the Saids David Moncreiff and John Miller messengers haveing upon the Eightein day of Janwarie Last bypast gone with Letters of poinding raised at the instance of the said Jean Drummond Lady Colltewcher and Elizabeth Stewart her doughter the Complainers to the grownd of the Lands of Litle Dunkeld and Ladywall and haveing ther Blazons on ther breasts and by vertue of the Saids Letters poinded horses Cowes and other bestiall belonging to John Stewart of Ladiewell and his tennents Trwe it is that Mr Thomas Stewart brother Jermane to John Stewart of Ladywall with John Robertsone William Rwthven and John Brwgh domestick Servant to the Said Laird of Ladywell Dwncan Geirgor Thomas Greigor Thomas Burrne George Dwncan David Low Smith ther John Gordon Andrew Keir John Knawghtowne All in the Litle Dwnkeld John Dwff at the milne of Ladiewall John Keir in Claypotts John Crimzer in Litlewaird of Ladiewall Robert Keir James Keir Robert Hendrie Robert Donaldsone James Grimond and Thomas Burrne All in Clay potts of Ladiewall and others ther accomplices Allarmed with gwns swords great battons etc to the number of Ane Hundered men did fall upon the Saids messengers and ther assistance and beatt them in a most crwell and barbarows maner to the great effwsione of ther blood and gave them many Blae Strockes with ther pitch forkes and battons And by open force and bangastrie tooke back and caried away the horses nolt and other goods which they had poinded threatening that if ever they came back againe to execute any Letters upon that ground they Should be all killed Like doggs and bidding them in a most insolent maner be goeing with the Sore bones they had gotten And thank God they had feared noe worse and Sweareing to Doe them farr greater mischeiff if ever they returned Such ane eareand againe Lykeas upon the nyntine day of the moneth of december Last bypast the Saids Complainers haveing apprised Some cornes Standing in the barne yeard of Ladywall and upon the Letters and for the causes above written haveing Caried ane Sample therof to the mercat cross of Pearth and caused appretiat the Same in the wswall maner And haveing returned againe to the said barne yeard upon the twentie one day of the Said moneth with Alexander Challmers in Dunning and approven corne caster in that Countrie To have poynded and casten the saids cornes John Stewart of Ladiewall with ane number of his tennents and Servants armed as affoirsaid did come and Stopp the Said corne caster and the two Complainers who went as messingers with them Sweareing that if they Should offer to cast any of his cornes he Should make them dropp from the Stack head to the grownd dead Lyke felled Cowes And by violence and threatning not onlie imped and hindered the Said poinding But also drove them owt of the Said Corne yeard Wpon all which the Saids Messingers haveing the Letters of poinding in ther hands and ther blazons on ther breasts did breake ther wands of peace and protested for remeid of Law By doeing wherof the Saids John Stewart of Ladiewall and Mr Thomas Stewart his brother and the other persones above complained upon are gwiltie of ane open and manifest deforcement violence and oppressione For which they owght to be pwnished in ther persones and goods Conforme to the Lawes of the Kingdome to the example and terror of others to doe the Like in tyme comeing And Anent the charge given to the saids defenders to have Compeared personallie befoir the saids Lords of privie Counsell at ane certaine day now bygone to have answered to the grownds of the above Complaint And to have heard and sein such order and course taken theranent As the Saids Lords Should think fitt wnder the paine of rebellione etc As the saids Letters or lybell of complaint and executiones therof at more length bears The which lybell being this day called in presence of The Lords of his majesties privie Cownsell And all the persewers Compeareing personallie with Sir David Thores ther advocat And Sir James Stewart his majesties advocat for his majesties interest compeareing personallie And the haill defenders being all Laufullie cited oftymes called and not compeareing The Saids Lords of his majesties privie Counsell doe heirby grant Letters Certificatione against the haill defenders foirsaids in respect of ther absence and not compeirance And ordains Letters of Denunceatione to be direct to messengers at armes Comanding them to pass to the mercat croce of […] and other places needfull and ther in his majesties name and authoritie duelie laufullie and orderlie denunce the haill foirnamed persones defenders his majesties rebells Escheat and inbring all ther moveable goods and geir to his majesties wse for ther contempt and disobedience

1. NRS, PC2/26, 353v-355r.

1. NRS, PC2/26, 353v-355r.

Sederunt, 10 June 1697, Edinburgh

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Att Edinburgh the Tenth of Jwne Jaj vic nyntie Seven yeirs1

D1697/6/42

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Argyll; Earl of Southerland; Earl of Marr; Earl of Morton; Earl of Lauderdale; Earl of Lothian; Earl of Lowdowne; Earl of Leven; Earl of Annandale; Earl of Forffar; Earl of Rwglen; Viscount Tarbatt; Lord Montgomery; Sir James Ogilvie; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Laird of Pollock; Laird of Kellburne; Sir Patrick Murray

Att Edinburgh the Tenth of Jwne Jaj vic nyntie Seven yeirs1

D1697/6/42

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Argyll; Earl of Southerland; Earl of Marr; Earl of Morton; Earl of Lauderdale; Earl of Lothian; Earl of Lowdowne; Earl of Leven; Earl of Annandale; Earl of Forffar; Earl of Rwglen; Viscount Tarbatt; Lord Montgomery; Sir James Ogilvie; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Laird of Pollock; Laird of Kellburne; Sir Patrick Murray

1. NRS, PC2/26, 353r.

2. NRS, PC2/26, 352r-353r.

1. NRS, PC2/26, 353r.

2. NRS, PC2/26, 352r-353r.

Procedure: judicial proceedings, 8 June 1697, Edinburgh

Posted on by

Att Edinburgh the Eight day of Jwny Jaj vic nyntie seven yeirs

D1697/6/31

Procedure: judicial proceedings

Remit The wniversitie of St Andrews Against the magistrats therof

Anent the lybell raised and perswed befor the Lords of privie Counsell at the instance of Mr George Hamilton rector of the wniversitie of Standrews Mr Alexander Monro provost of St andrews colledge Mrs William Young Dean of facultie Robert Ramsey Thomas Taillzer John Sun, John Arrot John Craigie Alexander Scrimzeour John Loudown Collin and William Villants professors and regents of the said wniversitie for themselvs and in name and behalf of the remanent members and founded persones students supposts and servitors therof and uthers belonging therto and John Ballmano ther Servant and ordinarie post with concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater underurittin Mentioning That wheras by the comon Law and the Lawes of all well governed nationes and the Lawes and acts of parliament of this nation the incroaching upon and violating of the ryts and priviledges of the colledges and wniversities which are the great seminaries of Learning by Seazing upon and wrongous imprisoneing of the persons of the Schoollers servitors, or others belonging to the wniversitie are crymes of a high nature and Severelie pwnishable And it being of veritie that the wniversitie of Standreus (by the foundatione therof and ther ancient rights and priviledges confirmed by many charters wnder the great seall granted by severall kings and qweens of this natione) Is exeuned from all ordinary Jurisdiction and the pwnishing and correction of unjuries done to any of the Students Servitors or others belongs onlie to the rector and such is the wniversities pouer over the towne of Standrews and whole inhabitants therof that if any indueller within the toune Should violat the priviledges of the wniversitie and Should count any fault in relatione to the Samen the delinguents are to be intimat to the provest or any of the baillies by the rector of the wniversities and the rector is to requyre the baillies or provest to punish them within tuentie four hours and if they be deficient the correcting of them Shall belong to the rector himself as also by the foundatione and charters granted by the kings and qweens of this nation the wniversitie as exeemed from all taxationes customes and other publict executions All which rights and priviledges are confirmed by manie acts of parliament particularly by ane act in the yeir Jaj vic and twentie one in favours of the wniversitie by which it is also furder declaired that the wniversitie nor no persone belonging therto Shall be exeemed from the Jurisdictione of the Lords of Session our privie Counsell and Justice generall and that notwithstanding of any priviledge contained in the foundationes and originall mortificationes which clearlie imports that the wniversitie nor noe person belonging therto Schoollers or others are Subject or lyable to the Jurisdictione of the magistrats of the toun seing exceptio firmat regulam in non exceptis and the provest baillies and other officers of the burgh at ther electione yeirly are obleidged to Sweare befor the rector to observe all the priviledges and Liberties of the wniversitie And by the same charters and originall rights and foundationes our predecessors King James the first hes taken the Doctors regents masters students Supposts and others of the wniversitie under our Speciall favour defence and protectione Dischargeing all Subjects to infringe ther priviledges or Disturb them in the possessione therof And which hes bein confirmed by severall of our predicessors Kings and qweens And conform to the forsaids rights and priviledges the wniversitie hes allwayes bein in wse to cognose Judge and determine als well upon wrongs and injuries done by the Schoollers Servants or others of the wniversitie to the towne people as of wrongs and injuries done by the touns people to them as also of being frie of customes in wse to be exacted by the towne from others yet notwithstanding James Smith Mr Alexander Nairn George Rymer and John Craigie magistrats of the said burgh contrair to the forsaids Lawes and acts of parliament and the priviledges and liberties of the wniversitie did upon the […] day of […] Jaj vic nyntie six yeirs or ane or other of the dayes of the said moneth violently or maisterfullie Seaze upon the said John Balmano the wniversities Servant and most wrongouslie put him in prison upon pretence of ane alleaged injurie done to Some of the townes people and detained him in prisone for severall dayes untill he was necessitat to apply to the saids Lords of Sessione and obtaine a Suspensione and charge to putt to Libertie As also the saids magistrats doe most wnjustlie exact custome at ther ports and harbours and else wher for goods and uthers belonging to the wniversitie and severall colleidges therof and the maisters Students Servants and uthers therin By all which the saids magistrats have manifestlie incroached on and violat the priviledges of the said wniversitie contrair to all Law eqwitie and Justice and ther oath given at ther electione to be magistrats to observe the Statuts and priviledges of the wniversitie and which as propper to be cognosced by the Lords of our privie Counsell not onlie to prevent tumults and other inconveniencies that may otherwise happen or fall owt betuixt the Students of the wniversitie and citizens of the towne but also because it being expresslie provided by the foundatione of the wniversitie that if any difference arise betuixt the wniversitie and the towne in relatione to the correctione and pwnishing of any pairtie for crymes committed by you the cognitione and determinatione therof is to belong to the bishup and now belongs to ws as comeing in place of the bishups and conseqwently to our privie Counsell and therfor the saids magistrats ought not only to be discharged from exerceing any act of Jurisdiction over the maisters Schoollers Servants and others belonging to the wniversitie als well in the caise of injuries done by the Schoollers and uthers of the wniversitie to the townes people as by the townes people to them and from exacting custome for ther goods and from incroaching upon and violating any of the rights and priviledges in tyme comeing but also ought to be pwnished in ther persones and goods to the terror of others to comit the lyke herefter and to be lyable to the said John Balmano the Soume of […] as damnadges for his wrongous imprisonment And anent the charge given to the saids defenders to have compeired personallie befor the saids Lords of privie Counsell at ane certaine day now bygone to have ansuered to the grounds of the above complaint and to have heard and Sein Such order and course taken theranent As the saids Lords Should think fitt wnder the paine of rebellion etc As the said lybell with the executiones therof bears which lybell or Letters of complaint And lybell of reconventione the defenders against the persewers being this day called in presence of the saids Lords of his majesties privy Counsell And the saids Mr George Hamiltowne Robert Ramsay John Craigie Alexander Scrimzeour John Lowdowne and John Balmano persewers Compeareing personallie with Sir Patrick Home Sir David Thores James Stewart and Mr David Dallrimple ther advocats and the said James Smith George Rhymer and John Craigie defenders and persewers of the reconventione Compeareing personallie with Sir James Stewart his majesties Advocat mr Hwgh Dallrimple Mr David Cwningham and Mr Robert Cook ther Advocats and the rest of the persewers and defenders being Laufullie cited oft tymes called and not compearing The principall lybell and answers therto being fullie read The Earle of Crafurd who compeared personallie for the towne of Standrews declaired that they past from the Letters of reconventione raised at the magistrats instance against the persewers And therfor the Same was not read The Saids Lords haveing considered the principall lybell and answers made therto and haveing atlenth heard both pairties Lawiers They have remitted And heirby remits the points in the principall lybell to The Lords of Counsell and Sessione to be Sumarly discust by ther Lordships in the efternoon without abideing the ordinarie course of the Roll

Att Edinburgh the Eight day of Jwny Jaj vic nyntie seven yeirs

D1697/6/31

Procedure: judicial proceedings

Remit The wniversitie of St Andrews Against the magistrats therof

Anent the lybell raised and perswed befor the Lords of privie Counsell at the instance of Mr George Hamilton rector of the wniversitie of Standrews Mr Alexander Monro provost of St andrews colledge Mrs William Young Dean of facultie Robert Ramsey Thomas Taillzer John Sun, John Arrot John Craigie Alexander Scrimzeour John Loudown Collin and William Villants professors and regents of the said wniversitie for themselvs and in name and behalf of the remanent members and founded persones students supposts and servitors therof and uthers belonging therto and John Ballmano ther Servant and ordinarie post with concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater underurittin Mentioning That wheras by the comon Law and the Lawes of all well governed nationes and the Lawes and acts of parliament of this nation the incroaching upon and violating of the ryts and priviledges of the colledges and wniversities which are the great seminaries of Learning by Seazing upon and wrongous imprisoneing of the persons of the Schoollers servitors, or others belonging to the wniversitie are crymes of a high nature and Severelie pwnishable And it being of veritie that the wniversitie of Standreus (by the foundatione therof and ther ancient rights and priviledges confirmed by many charters wnder the great seall granted by severall kings and qweens of this natione) Is exeuned from all ordinary Jurisdiction and the pwnishing and correction of unjuries done to any of the Students Servitors or others belongs onlie to the rector and such is the wniversities pouer over the towne of Standrews and whole inhabitants therof that if any indueller within the toune Should violat the priviledges of the wniversitie and Should count any fault in relatione to the Samen the delinguents are to be intimat to the provest or any of the baillies by the rector of the wniversities and the rector is to requyre the baillies or provest to punish them within tuentie four hours and if they be deficient the correcting of them Shall belong to the rector himself as also by the foundatione and charters granted by the kings and qweens of this nation the wniversitie as exeemed from all taxationes customes and other publict executions All which rights and priviledges are confirmed by manie acts of parliament particularly by ane act in the yeir Jaj vic and twentie one in favours of the wniversitie by which it is also furder declaired that the wniversitie nor no persone belonging therto Shall be exeemed from the Jurisdictione of the Lords of Session our privie Counsell and Justice generall and that notwithstanding of any priviledge contained in the foundationes and originall mortificationes which clearlie imports that the wniversitie nor noe person belonging therto Schoollers or others are Subject or lyable to the Jurisdictione of the magistrats of the toun seing exceptio firmat regulam in non exceptis and the provest baillies and other officers of the burgh at ther electione yeirly are obleidged to Sweare befor the rector to observe all the priviledges and Liberties of the wniversitie And by the same charters and originall rights and foundationes our predecessors King James the first hes taken the Doctors regents masters students Supposts and others of the wniversitie under our Speciall favour defence and protectione Dischargeing all Subjects to infringe ther priviledges or Disturb them in the possessione therof And which hes bein confirmed by severall of our predicessors Kings and qweens And conform to the forsaids rights and priviledges the wniversitie hes allwayes bein in wse to cognose Judge and determine als well upon wrongs and injuries done by the Schoollers Servants or others of the wniversitie to the towne people as of wrongs and injuries done by the touns people to them as also of being frie of customes in wse to be exacted by the towne from others yet notwithstanding James Smith Mr Alexander Nairn George Rymer and John Craigie magistrats of the said burgh contrair to the forsaids Lawes and acts of parliament and the priviledges and liberties of the wniversitie did upon the […] day of […] Jaj vic nyntie six yeirs or ane or other of the dayes of the said moneth violently or maisterfullie Seaze upon the said John Balmano the wniversities Servant and most wrongouslie put him in prison upon pretence of ane alleaged injurie done to Some of the townes people and detained him in prisone for severall dayes untill he was necessitat to apply to the saids Lords of Sessione and obtaine a Suspensione and charge to putt to Libertie As also the saids magistrats doe most wnjustlie exact custome at ther ports and harbours and else wher for goods and uthers belonging to the wniversitie and severall colleidges therof and the maisters Students Servants and uthers therin By all which the saids magistrats have manifestlie incroached on and violat the priviledges of the said wniversitie contrair to all Law eqwitie and Justice and ther oath given at ther electione to be magistrats to observe the Statuts and priviledges of the wniversitie and which as propper to be cognosced by the Lords of our privie Counsell not onlie to prevent tumults and other inconveniencies that may otherwise happen or fall owt betuixt the Students of the wniversitie and citizens of the towne but also because it being expresslie provided by the foundatione of the wniversitie that if any difference arise betuixt the wniversitie and the towne in relatione to the correctione and pwnishing of any pairtie for crymes committed by you the cognitione and determinatione therof is to belong to the bishup and now belongs to ws as comeing in place of the bishups and conseqwently to our privie Counsell and therfor the saids magistrats ought not only to be discharged from exerceing any act of Jurisdiction over the maisters Schoollers Servants and others belonging to the wniversitie als well in the caise of injuries done by the Schoollers and uthers of the wniversitie to the townes people as by the townes people to them and from exacting custome for ther goods and from incroaching upon and violating any of the rights and priviledges in tyme comeing but also ought to be pwnished in ther persones and goods to the terror of others to comit the lyke herefter and to be lyable to the said John Balmano the Soume of […] as damnadges for his wrongous imprisonment And anent the charge given to the saids defenders to have compeired personallie befor the saids Lords of privie Counsell at ane certaine day now bygone to have ansuered to the grounds of the above complaint and to have heard and Sein Such order and course taken theranent As the saids Lords Should think fitt wnder the paine of rebellion etc As the said lybell with the executiones therof bears which lybell or Letters of complaint And lybell of reconventione the defenders against the persewers being this day called in presence of the saids Lords of his majesties privy Counsell And the saids Mr George Hamiltowne Robert Ramsay John Craigie Alexander Scrimzeour John Lowdowne and John Balmano persewers Compeareing personallie with Sir Patrick Home Sir David Thores James Stewart and Mr David Dallrimple ther advocats and the said James Smith George Rhymer and John Craigie defenders and persewers of the reconventione Compeareing personallie with Sir James Stewart his majesties Advocat mr Hwgh Dallrimple Mr David Cwningham and Mr Robert Cook ther Advocats and the rest of the persewers and defenders being Laufullie cited oft tymes called and not compearing The principall lybell and answers therto being fullie read The Earle of Crafurd who compeared personallie for the towne of Standrews declaired that they past from the Letters of reconventione raised at the magistrats instance against the persewers And therfor the Same was not read The Saids Lords haveing considered the principall lybell and answers made therto and haveing atlenth heard both pairties Lawiers They have remitted And heirby remits the points in the principall lybell to The Lords of Counsell and Sessione to be Sumarly discust by ther Lordships in the efternoon without abideing the ordinarie course of the Roll

1. NRS, PC2/26, 352r-353r.

1. NRS, PC2/26, 352r-353r.

Decreet, 8 June 1697, Edinburgh

Posted on by

Att Edinburgh the Eight day of Jwny Jaj vic nyntie seven yeirs

D1697/6/21

Decreet

Decreit Laird of Burray Against Pittcairne

Anent the lybell intended and perswed before the Lords of his majesties privie Cownsell the one therof being a lybell of reconventione at the instance of Sir Archibald Stewart of Burray with concurse of Sir James Stewart his majesties advocat for his hignes interest in the mater wnderwrittin Makeing mentione That albeit the troubleing and molesting of our Leidges be growndles and callumniows process befor the Lords of our privie Counsell And therby forceing them to farr Journeyes great trouble and expenses without any Jwst grownd and the makeing wse of other persones names as Joineing with them in the said complaint Be crymes of a high nature and severelie pwnishable Nevertheles It is of veritie that Mr Alexander Pittcairne minister at the south and north kirks of Sowth Ronaldsey and kirk of Burrey and Late Dean of Orkney is gwiltie of and hath presumed to commit the foirsaid cryme in so farr as he haveing conceaved ane inveterat prejudice and growndles malice against the said Complainer he of purpose to putt the said Sir Archibald Stewart to great trouble and expensses for Satiating of his own wnjust malice hath raised and execut a most wnjust and callwminows complaint against the said Complainer befor the saids Lords of our privie Cownsell The Severall articles wherof are holden as repeated herein brevitatis Causa And therby forced the said Complainer and Severall others Countrey people to come from Orkney to Edinburgh in the tyme of ther Laboureing and therby putt them to verie great trouble and expensses For Doeing wherof the Said Mr Alexander Pitcairne owght and Should not only be decerned and ordained to make payment to the said Complainer of his haill expensses occasioned by the foirsaid growndles perswte extending to the Soume of […] But alsoe be Severely pwnished in his persone and goods to the example and terror of others to Commit the lyke in tyme comeing And the other of the Saids lybells at the instance of the said Sir James Stewart advocat for his highnes interest in the mater wnder written Makeing mentione That wher by the sixt act of parliament Jaj vic and nyntie thrie all ministers of the gospell and preachers whatsoever are ordained to take the oath of alleadgeance and subscribe the Same with the assureance Subjoined to that act in maner and within the dayes appointed by the Same act or the other acts of parliament made therefter for that effect with certificationes that the minister not qwalifieing himself as said is Should be deprived of his benefice or Stipend or if not provided to a kirk Should be pwnished by banishment or otherwayes as the Lords of our privie Counsell Should think fitt Lykeas by the Second act of the parliament Jaj vic eightie nyn all persones are obleidged to acknowledge our royall power and nether by writeing Speakeing or any other maner of way to disown qwarrell or impwgne the Same wnder the paines therin mentioned Nevertheless It is of veritie that Mr Alexander Pittcairne minister of the gospell at South Ronaldsey in Orkney Suffered all the dayes appointed by the acts of parliament for Sweareing and Subscribeing as said is to elapse now of a Long tyme without qwalifieing himself in maner therin prescribed And notwithstanding therof presumptwowselie continwes to preach and exercise other pairts of the ministeriall fwnctione contrair to the said Law and acts of parliament Lykeas the said Mr Alexander Pittcairne did in one or other of the dayes of the moneths of the yeir Jaj vic nyntie five or Jaj vic and nyntie Six preaching in the South kirk of South Ronaldsey and other kirks Say openlie and most wickedlie that ws King William was ane villanows or tirraneows traitter who had putt away the righteows king and other rebelliows expressions And therfor owght to be deprived from his Stipend and benefice and furder pwnished As the Lords of our privie Cownsell Shall think meet to the example and terror of others to Comit the lyke in tyme comeing And anent the chargers given to the said defender to have Compeared personallie befor the saids Lord of privie Counsell at ane certaine day now bygone to have answered to the grownds of the above complaints and to have heard and Sein Such order and course taken theranent As the saids Lords think fitt wnder the paine of rebellione etc As the saids lybells and executiones therof at more Lenth bears The Said lybell of reconventione and lybell at the instance of his majesties Advocat being this day called in presence of the Lords of his majesties privie Counsell And the said Sir Archibald persewer Compeareing personallie with Sir David Thores and Mr Hew Dallrimple and […] his advocats And his majesties advocat Compeareing personallie as persewer in his lybell for his majesties interest And the Said defender Compeareing personallie with Sir Patrick Home and Mr William Calderwood his Advocats Both lybells with the ansuers made therto being read and both pairties Lawiers fullie heard And the said defender being asked if he preaches and if he hes qwalified himself in the termes of Law acknowledged that he doeth preach But that he hes not as yet qwalified himself in the termes of the act of parliament And therfore and in respect that ther is High treasone lybelled against him in the lybell at the Lord Advocats instance Therfore the saids Lords of his majesties privie Counsell appoints the Said Mr Alexander Pittcairne to be caried prisoner by ther macers from the barr to the tollbwith of Edinburgh therin to remaine prisoner dureing the Counsells pleasure And in the mean tyme recomends to his majesties Advocat to intent and follow furth a proces of treasone against him befor the Lords Commissioners of Justiciarie And have deprived and heirby deprives the said defender from the South and north kirks of Southronaldsay and Kirk of Burrey and declaires all the saids thrie Kirks vaccand and decernes and ordaines the said Mr Alexander Pittcairne to flitt and remove himself his wyfe familie and tennents furth and from the manses and gleibs of the saids thrie kirks and owt of the saids thrie paroches Betuixt and the first day of Augwst next to come And continwes the modifieing of expensses in favors of the persewer against the defender untill another dyet And ordaines Letters of horneing to pass heiron wnder the Signet of Cownsell on Fifftein dayes and others needfull in forme as effeirs

Att Edinburgh the Eight day of Jwny Jaj vic nyntie seven yeirs

D1697/6/21

Decreet

Decreit Laird of Burray Against Pittcairne

Anent the lybell intended and perswed before the Lords of his majesties privie Cownsell the one therof being a lybell of reconventione at the instance of Sir Archibald Stewart of Burray with concurse of Sir James Stewart his majesties advocat for his hignes interest in the mater wnderwrittin Makeing mentione That albeit the troubleing and molesting of our Leidges be growndles and callumniows process befor the Lords of our privie Counsell And therby forceing them to farr Journeyes great trouble and expenses without any Jwst grownd and the makeing wse of other persones names as Joineing with them in the said complaint Be crymes of a high nature and severelie pwnishable Nevertheles It is of veritie that Mr Alexander Pittcairne minister at the south and north kirks of Sowth Ronaldsey and kirk of Burrey and Late Dean of Orkney is gwiltie of and hath presumed to commit the foirsaid cryme in so farr as he haveing conceaved ane inveterat prejudice and growndles malice against the said Complainer he of purpose to putt the said Sir Archibald Stewart to great trouble and expensses for Satiating of his own wnjust malice hath raised and execut a most wnjust and callwminows complaint against the said Complainer befor the saids Lords of our privie Cownsell The Severall articles wherof are holden as repeated herein brevitatis Causa And therby forced the said Complainer and Severall others Countrey people to come from Orkney to Edinburgh in the tyme of ther Laboureing and therby putt them to verie great trouble and expensses For Doeing wherof the Said Mr Alexander Pitcairne owght and Should not only be decerned and ordained to make payment to the said Complainer of his haill expensses occasioned by the foirsaid growndles perswte extending to the Soume of […] But alsoe be Severely pwnished in his persone and goods to the example and terror of others to Commit the lyke in tyme comeing And the other of the Saids lybells at the instance of the said Sir James Stewart advocat for his highnes interest in the mater wnder written Makeing mentione That wher by the sixt act of parliament Jaj vic and nyntie thrie all ministers of the gospell and preachers whatsoever are ordained to take the oath of alleadgeance and subscribe the Same with the assureance Subjoined to that act in maner and within the dayes appointed by the Same act or the other acts of parliament made therefter for that effect with certificationes that the minister not qwalifieing himself as said is Should be deprived of his benefice or Stipend or if not provided to a kirk Should be pwnished by banishment or otherwayes as the Lords of our privie Counsell Should think fitt Lykeas by the Second act of the parliament Jaj vic eightie nyn all persones are obleidged to acknowledge our royall power and nether by writeing Speakeing or any other maner of way to disown qwarrell or impwgne the Same wnder the paines therin mentioned Nevertheless It is of veritie that Mr Alexander Pittcairne minister of the gospell at South Ronaldsey in Orkney Suffered all the dayes appointed by the acts of parliament for Sweareing and Subscribeing as said is to elapse now of a Long tyme without qwalifieing himself in maner therin prescribed And notwithstanding therof presumptwowselie continwes to preach and exercise other pairts of the ministeriall fwnctione contrair to the said Law and acts of parliament Lykeas the said Mr Alexander Pittcairne did in one or other of the dayes of the moneths of the yeir Jaj vic nyntie five or Jaj vic and nyntie Six preaching in the South kirk of South Ronaldsey and other kirks Say openlie and most wickedlie that ws King William was ane villanows or tirraneows traitter who had putt away the righteows king and other rebelliows expressions And therfor owght to be deprived from his Stipend and benefice and furder pwnished As the Lords of our privie Cownsell Shall think meet to the example and terror of others to Comit the lyke in tyme comeing And anent the chargers given to the said defender to have Compeared personallie befor the saids Lord of privie Counsell at ane certaine day now bygone to have answered to the grownds of the above complaints and to have heard and Sein Such order and course taken theranent As the saids Lords think fitt wnder the paine of rebellione etc As the saids lybells and executiones therof at more Lenth bears The Said lybell of reconventione and lybell at the instance of his majesties Advocat being this day called in presence of the Lords of his majesties privie Counsell And the said Sir Archibald persewer Compeareing personallie with Sir David Thores and Mr Hew Dallrimple and […] his advocats And his majesties advocat Compeareing personallie as persewer in his lybell for his majesties interest And the Said defender Compeareing personallie with Sir Patrick Home and Mr William Calderwood his Advocats Both lybells with the ansuers made therto being read and both pairties Lawiers fullie heard And the said defender being asked if he preaches and if he hes qwalified himself in the termes of Law acknowledged that he doeth preach But that he hes not as yet qwalified himself in the termes of the act of parliament And therfore and in respect that ther is High treasone lybelled against him in the lybell at the Lord Advocats instance Therfore the saids Lords of his majesties privie Counsell appoints the Said Mr Alexander Pittcairne to be caried prisoner by ther macers from the barr to the tollbwith of Edinburgh therin to remaine prisoner dureing the Counsells pleasure And in the mean tyme recomends to his majesties Advocat to intent and follow furth a proces of treasone against him befor the Lords Commissioners of Justiciarie And have deprived and heirby deprives the said defender from the South and north kirks of Southronaldsay and Kirk of Burrey and declaires all the saids thrie Kirks vaccand and decernes and ordaines the said Mr Alexander Pittcairne to flitt and remove himself his wyfe familie and tennents furth and from the manses and gleibs of the saids thrie kirks and owt of the saids thrie paroches Betuixt and the first day of Augwst next to come And continwes the modifieing of expensses in favors of the persewer against the defender untill another dyet And ordaines Letters of horneing to pass heiron wnder the Signet of Cownsell on Fifftein dayes and others needfull in forme as effeirs

1. NRS, PC2/26, 350r-352r.

1. NRS, PC2/26, 350r-352r.