D1694/1/6
D1694/1/62
Sederunt
Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Anandale; Earl of Forfar; Viscount Tarbat; Lord Raith; Lord Polwarth; Lord Advocat; Lord Hatton; Lord Fountonhall; Lord Enstruther; Sir Thomas Livingston
1. NRS, PC2/24, 309v.
2. NRS, PC2/24, 309v.
1. NRS, PC2/24, 309v.
2. NRS, PC2/24, 309v.
D1694/1/5
D1694/1/51
Decreet
Anent the Lybell or Complaint raised and pursued before the Lords of their majesties privy Councill be John Hoge merchant in Freuchie And Sir James Stewart ther majesties advocat for ther highnes intrest in the matter underwritten That albeit by the Lawes and constitutione of all weell Governed nationes and by the lawes and acts of parliament of this natione the oppressing of any of their majesties free leidges Especially wher the samen is done under pretence of Law, And persones pretending themselves to be magistrats and the Imposing upon them extraordinary and extravagant fynes and mulks farr beyond the lawes prescryved by the act of parliament to inferior Courts and the Imprisoneing his majesties leidges for not paying these unjust and exorbitant fynes after they have extorted bonds from them for the same, att the giveing of which bond the magistrats solemnly promising never to doe executione theron Bot only pretending it was to preserve their priviledge And positively ingadging to deliver it back without exacting any part of the Soume therin, nevertheless It is of verity that Walter Bowstoune baillie in Faulkland John Milne thesaurer alias Wilsone, William Gall procurator phiscall of the baillie Court ther Archibald Bryde elder and Robert Bryde younger and James Hendersone all Councillors of the said burgh pretending that the pursuer did make use of ane Elvine in the publict fair which Elvine was longer as they alledged then their publict gadge did apprehend his persones occasionally in their toune upon the Fourth of november last and Caused Carie him to their Tolbooth, and ther amerciat him in one fyne of six hundred punds scots, and keeped him prisoner till he should pay the fyne or find sovertie for the payment therof, And the said pursuer being surprized with these oppressing methods did offer to come in their will, They haveing first given him assurance, That albeit he granted bond and Found Cautione the toune would exact nothing of the soume in the bond, But would give back the same before he went out of the toune only they would preserve their priviledges and vindicat their Justice in punishing such debits The said pursuer relying upon this assurance and haveing Confidence in the Justice and freendship of the baillie and toune Councill of Faulkland haveing lived for twentie years and upwards in the same parish with them in a nighbourly Correspondance and freendship was induced to Subscryve a bond and found James Windrame Litster if Faulkland one of their Councellors Cautioner which bond was subscryved by the said pursuer as he designed of purpose only to please and Complement the magistrats And the said pursuer Confideing in the honesty and ingenuity of the magistrats Did not hear the bond read the time of Subscryveing And knew nothing of the Soume insert in the bond, The said baillie and toune Councill pretending that other Company and Bussines did take them up at that time delayed to give up the bond to the said pursuer at that time albeit their Clerk did in their name, and their presence For which no doubt he hade their warrand promised to give back the same, And the pursuer haveing therafter made applicatione to the magistrats for geting up the bond according to their Condescendance They did in a most Illegall and oppressing maner put the said John in prisone untill the toune Clerk became sovertie the second time That the said pursuer should present himself to them within Eight dayes, And accordingly the said pursuer did present himself and brought letters 2 to them from the magistrats and toun Councill of Couper quherof he is burges and Gild brother notwithstanding of all which They threatned the said pursuer with Imprisonment the thrid time so that he cannot be in safity within their bounds and Jurisdictione without Manifast violence and oppressione offered to him and exercised against him By all which It may evidently appear to the Lords of their majesties privy Councill That the saids magistrats and toune Councill of Faulkland are guilty trait of Oppressione and reiterated acts of Imprisonment quherof they and every one of them are actors airt and part, And therfore they ought and should be Decerned not only to deliver back to the pursuer the forsaid bond wrongeously extorted from him as said is, Bot likewayes to make payment to him of the Soume of […] For the damnadge and expenses sustained be him through the forsaid Ryot repeated wrongeous Imprisonment and oppression And ought and should be otherwayes punished in their persones and goods to the terror of others to Commit the like in time comeing And Anent the Charge given to the said defenders To have Compeired before the said Lords this day To have answered to the points of the abovewritten Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should find Just. as the principall Lybell And Complaint and executiones therof at more leanth bears, And the said Lybell being this day Called in presence of the Lords of their majesties privy Councill, And the pursuer Compeiring personally with Mr William Hoge and Mr John Buchan his advocats And the haill defenders Compeiring alsoe personally Except William Ballingall with Sir James Ogilvie and Mr Hew Dalrymple advocats for the haill defenders Both parties advocats being fully heard, And the saids Lords haveing Considered the libell with the answers made therto for the defenders with the pursuers Judiciall Declaratione before the baillie of Faulkland and the baillies sentance and James Windrames inactment as Cautioner for the pursuer They Find that the fine of six Hundred punds scots Imposed by the baillies of Faulkland upon the pursuer is exorbitant And Therfore they restrict the said fyne to the soume of ane hundred punds scots and Ordaines the baillies of Faulkland and their Clerk upon payment of the said one hundred punds scots to deliver up to the pursuer the bond granted be him and his Cautioner for the six hundred punds with ane Discharge therof And assoylzies the haill defenders from the points and articles of the said lybell except as is above Decerned And ordaines letters of horning on fiftein dayes and all other executione necessary to pass heir upon in forme as effeirs.
1. NRS, PC2/24, 307v-309r.
2. The word ‘for’ scored out here.
1. NRS, PC2/24, 307v-309r.
2. The word ‘for’ scored out here.
D1694/1/4
D1694/1/42
Sederunt
Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Anandall; Earl of Forfar; Viscount Tarbat; Lord Raith; Lord Beilhaven; Lord Polwarth; Lord Advocat; Lord Hatton; Lord Fountonhall; Lord Enstruther; Laird of Stivenson; Sir Thomas Livingston
1. NRS, PC2/24, 307r.
2. NRS, PC2/24, 307r.
1. NRS, PC2/24, 307r.
2. NRS, PC2/24, 307r.
D1694/1/3
D1694/1/31
Act
The Lords of their Majesties privy Councill doe heirby give order and warrand to the magistrats of Edinburgh and keeper of their Tolbooth to sett at libertie furth therof Archibald Innes of Auchlinbart prisoner therin, In obedience to ane Sentance of Councill pronunced in the process the Lady Auchlinbart against him for which this shall be to all persones concerned a suficiant warrand.
1. NRS, PC2/24, 307r.
1. NRS, PC2/24, 307r.
D1694/1/2
D1694/1/21
Act
Anent a Petition given in and presented to the Lords of their majesties privy Councill be George Mossman Stationer Shewing that the generall assembly of this Church did by their act dated the seventh day of november Jaj vjc nyntie years make Chose of the petitioner to be the only printer to the assemblies of this Church And allowed the present and subsequent Clerks to give in exact and accurat Copies of what by the assemblies should be thought fitt to be printed, Wherupon the saids Lords by ane act dated the twentie first of the said moneth Found and declared that the petitioner hade the only right to print the acts and other papers belonging to this Church and her assemblies and Discharged all others from printing the same Lykeas the said generall assembly by ther Eleventh act section 6 Did Recommend to the Synod or provinciall assembly of Argyll to Dispatch the wholl paraphrase of the Irish psalmes to the press, as the thrie severall acts abovementioned here present to show bear notwithstanding quherof Agnes Campbell, hath (2as the petitioner is informed applyed to the saids Lords for a licence to print the said Irish psalmes And seing this is expressly contrary to his right and the saids Lords all abovementioned And Therfore Humbly Craveing the saids Lords to Discharge the printing of the said psalmes by any other printer bot the petitioner Conform to his right and their Lordships act abovewritten as the said petitione bears The Lords of their Majesties privy Councill haveing Considered this petition given in to them be George Mossman printers to the assemblies of this Church with a Counter petition given in the be way of messenger therto be the relict successors and assneyes of Androw Anderson their majesties printer, The answers made to the said Counter petition be George Mossman and another petition given in be the said relict and assigney of Androw Andersone, And both parties and ther procurators being called And the said George Mossman Compeiring personally with Sir Patrick Home and Robert Park the advocats, And Agnes Campbell relict of the said Androw Andersone Compeiring personally with Sir James Ogilvie Mr Heugh Dalrymple and Mr Rodrick Mckenzie Junior advocats for the successors and assigneyes of the said Androw Andersone The saids Lords haveing at leanth heard both parties advocats they leave to the seyned or provinciall assembly of Argyle To Choise their oun printer for printing the said Irish paraphrase of psalmes, And allowes the same to be printed accordingly.
1. NRS, PC2/24, 306v-307r.
2. Closing bracket missing.
1. NRS, PC2/24, 306v-307r.
2. Closing bracket missing.
D1694/1/1
D1694/1/12
Sederunt
Lord Chancelor; Earl of Southerland; Earl of Linlithow; Earl of Leven; Earl of Anandale; Earl of Forfar; Viscount Tarbat; Lord Raith; Lord Polwarth; Lord Advocat; Lord Hatton; Lord Fontonhall; Lord Enstruther; Sir Thomas Livingstone
1. NRS, PC2/24, 306v.
2. NRS, PC2/24, 306v.
1. NRS, PC2/24, 306v.
2. NRS, PC2/24, 306v.
D1693/1/51
D1693/1/511
Procedure: committee formed
Anent a Petition given in to the Lords of their majesties privy Councill be James Melvill of Cassingray Collector of the hearth money Shewing That quher the petitioner by his petitione the Eleventh day of February Jaj vjc nyntie two years Represented to the said Lords That haveing according to his Comissione appointed SubCollectors and done what was posible for him to doe for inbringing of the hearth money Bot the methods for Collecting being Remitted by the parliament to the saids Lords He did Humbly Suplicat for the saids Lords Directione therin both as to the forme of Surveying methods of Compting and what sallerie to allow to the SubCollectors, And the saids Lords haveing only returned then their pleasure for actuall Survey by the Sub Collectors the former proclamationes of Councill haveing appointed heritors and possessors to give in Subscryved lists of their hearths in maner therin prescryved And the Sub Collectors alledging great pains taken be them in obedience to the former proclamationes were unwilling to undergoe the other Espealeie no determined Salleries being appointed for so great travell neither any method for Compting being prescryved nor directione what dilligences shall be taken off the subCollectors hands He made applicatione againe, And the Lords by their proclamatione of the twelth of August last Jaj vjc nyntie two appointed certaine Commissioners every shyre to receive from the sub Collectors the lists of hearths within the respective bounds as they hade been Collected and taken up by them, And to choise Some persones (whither formerly Imployed or not) with order he Survey the wholl hearths etc within the severall shyres and tounes and upon oath to make ane exact list of them upon occular inspection And to have in the lists therof to the said Commissioners to transmitt to the Clerks of Councill allowing them the twentie pence of what hearth Money were formerly concealled and found out by this new survey which is proven altogither in effectuall In Respect that altho the sub Collectors hade attended (according to the saids Lords order) upon the said Commissioners yet ther is nothing done by any of the Commissioners nor is possible to gett any Surveyers for such a Sellarie Since it may hapen ther may not be a discovery of a hundreth concealled hearths in the longest Shyres of Scotland And no man will be at paines and expences of surveying the wholl shyre for the haill Discoverd hearths much less the twentieth pence of them, The petitioner humbly Layes all these things before the saids lords intreating their direction what methods shall be taken in all these things and that the petitioners accompts may be taken of his hands since the SubCollectors and their Commissioners might hapen to dye or break (as some hade done allready) And So bring the petitioner to very great inconveniencies And Therfore Humbly Craveing the saids Lords would give their directiones as to the sub Collectors Salleries, The methods of compting and what dilligences shall be taken off the subCollecters hands and to take a Speedie Course for clossing the petitioners accompts as the petition bears The Lords of his majesties privy Councill haveing Considered this Petitione given in to them be the above James Melvill of Cassingray read in their presence Craveing their Lordships directione anent the sub Collectors of the hearth money ther sellaries the methods of compting and what diligence shall be taken off the subCollectors hands, And to take Speedie Course for clossing the petitioners accompts, The Saids Lords heirby Nominats the Lord Duke of Hamilton President of Councill, The Earles of Linlithgow and, Brodalbine, The Viscount of Tarbat Lord Raith Thesaurer depute, The Lord Beilhaven, Lord Justice Clerk and the Laird of Grant to be Comittie And Declairs any four of them to be a quorum To Consider the former proclamationes of Councill already emitted anent the hearth money, And to fall upon such farder methods and means as may be most proper for makeing a full discovery of the haill hearths within this kingdome And for the speedie and effectuall inbringing of the hearth money from all the places of the same, And Recommends to the said Comittie to meet the morrow at ten in the forenoon And Report to the Councill at their nixt meetting And Recomends to the said Comittie to Consider what speedie Courss might be taken for 2 Clearing and Clossing of Cassingrayes accompts.
1. NRS, PC2/24, 174r-175r.
2. The word ‘takeing’ scored out here.
1. NRS, PC2/24, 174r-175r.
2. The word ‘takeing’ scored out here.
D1693/1/50
D1693/1/501
Decreet
Anent our Soveraigne Lord and Ladies letters raised at the instance of Sir James Carmicheall of Bonytoune John Lord Carmicheall Sir Daniall Carmicheall of Mouldslie and others […] Tuttors to the said Sir James for their intrests and James Lindsay, Thomas Henderson, James Purdie James Galloway John Smith, Thomas Purdie James Purdie younger Ronald Spence Adam Hendersone Adam Murray and John Henderson tenants to the said Sir James of the barronie of Thinkertoune and Sir William Lockhert their majesties solicitor for their intrest in the matter underwritten Makeand mentione That quher albeit by the uncontraverted law and2 Custome of this and all other weell governed kingdomes The Illegall incroaching upon any mans property Cutting destroying and Carieing a way of their cornes be open violence and bangstrie by a Convocation of armed men under Cloud and sillence of night Be crymes of ane high Nature and severly punishable nevertheless it is of veritie that the said Sir James Carmicheall his predecessors and authurs haveing past all memorie peaceably possest the lands and barronie of Thinkertoun Lying upon the north syde of the River of Clyde And the said River haveing some years since by a violent and Impetuous interuption altered its ancient Course and run doune through the pursuars Lands of Thinkertoune Ther fell therby a Considerable part of the lands of Thinkertoune to be, Upon the South syde of the said River, And which allwayes was and as yett is called the Holme of Thinkertoune And quherof the pursuars and his predecessors and the tennants continued the possession, notwithstanding that the Course of the watter was altered by the said violent inruptione in maner forsaid And the said Sir James his father in the year Jaj vjc Eightie Eight Did by himself and his tennents cause toill and sow a great part therof, And did peacably reap the cornes that grew upon the samen yet true It is That James Chanclor of Steillhill and George Kello in Quodqoon John Penman ther George Archibald ther Thomas Rodger ther Robert Glassgow ther, Robert Gray ther Thomas Simervell ther James Simervell ther and John Simervell ther with severall other of their accomplices to the number of Fourscore persones or therby haveing resolved to take advantadge of the said Sir James his infancie and by open Bangstrie and violence to turne him and his tennants out of his Just right and possession They did upon the […] day of Jully last by past or ane or other of the dayes of the said moneth Convocat themselves togither in ane most rude and tumultary maner and came togither all armed with pickforks, great Staffs Sythes pistolls Swords and massive Dogs and such other instruments towards the said Sir James his lands of the Holme of Thinkertoune and ther did in one most Cruell Barbareous and inhumane maner cutt doune and destroy the wholl grouth of Fourtein bolls sowing of corne of therby a great part quherof they caried home to their horsses and Cattell and threw the rest upon the Dunghills By quhich the said cornes which would have yeilded at least, Ane hundred bolls oats at Eight punds scots the boll ware rendered altogither useless aither for man or beast, And which demonstrats the greatest Designe of malice and prejudice in the persones Complained upon that can be Imagined Lykeas the said James Chancelor Did cause severall armed men stand as centinall at the doors of James Smith Alexander Dicksone tenants to the Laird of Carnwath and keeped them as closs prisoners within their oun houses ay and whill his malice and Ryot was effectuat and compleated for fear they should have acquanted the Lord Carmichell or any other of the said Sir James his tutors which if acquanted would certainely have stoped him Since the Committing of such Illegall oppressione By Doeing quherof the said James Chancelor of Steillhill and the other persons Complained upon are guiltie of ane open and manifast Ryot violence and oppression Comitted by them upon the said Sir James and his tennants of the barronie of Thinkertoun And Therfore they ought not only to be Decerned to make payment to the said Sir James of the soume of Eight Hundred punds Scots as the pryce and value of the cornes so barbarously and inhumanely cutt doun Destroyed and caried away be them Bot likewayes to be Otherwayes severly punished in their persones and goods to the terror of others to doe and Comitt the like in tyme comeing And Anent the charge given in to the saids defenders To have Compeired personally before the saids Lords at ane Certain day bygone To have answered to the ground of the above written Complaint And to have heard and seen such order and Course taken theranent as the Saids Lords should think fitt as the said Lybell and executiones therof at more leanth bears Which Lybell with the Lybell of reconventione at the instance of the defenders against the pursuars being called in presence of the saids Lords of privy Councill And the said Lord Carmicheall tutor to the said Sir James Carmicheall of Bonytoune And the3 Sir James Lindsey Thomas and Adam Andersones and James and Thomas Purdies pursuares Compeiring personally And the rest of the pursuars being absent and Sir David Thores Sir Robert Colt and Daniall Lockhart Compeiring as advocats for the haill pursuars, And the haill defenders except Thomas Rodger and Robert Gray Compeiring also personally and Sir Patrick Home Compeiring as advocats for the saids haill4 defenders And the saids Lords of their majesties privy Councill haveing heard both Lybells with answers to the Lybell of reconventione Read and both parties procurators fully debate in their presence The saids Lords Fand both Lybells relevant and admitted the same to respective parties probatione And the haill witnesses cited for both parties haveing Compaired personally and made faith at the barr (except one witnes) The saids Lords appointed a Committie of their oun number to examine the saids witnesses And Reserved the Objectiones which might be made against them to be proponed and Discussed before the said Committie Conforme to quhich reference aither partie adduced Severall witnesses before the Committie Deponed and Declared Conforme to their Depositiones extant in proces And the said cause being this day againe called in presence of the Lords And they haveing Considered both the principall Lybell and Lybell of reconventione with the depositiones of the witnesses adduced upon both these Lybells They Find that the probation of Possession of the peice of ground of Lands contraverted is more pregnant for the tenants of Thankertoune which belongs to the pursuar of the principall Cause, then for the tennants of Quodquan which belongs to the defender And Finds it Sufficiantly proven that the defendars are guilty of a Ryot And Therfore Fynes the said James Chancelor of Steillhill in the Soume of Thrie hundred merks And apoints him to make payment of the Same to the said Sir James Carmicheall of Boningtoune and his tutors pursuars in the principall Lybell And Ordaines letters one Fiftein dayes and others neidfull to pass heirupon in forme as effeirs.
1. NRS, PC2/24, 172v-174r.
2. The word ‘of’ scored out here.
3. The word ‘saids’ scored out here.
4. Insertion.
1. NRS, PC2/24, 172v-174r.
2. The word ‘of’ scored out here.
3. The word ‘saids’ scored out here.
4. Insertion.
D1693/1/49
D1693/1/491
Order
The Lords of their Majesties Privy Councill Doe heirby Ordaine to the Souldiers presently detained in the Tolbooth of the Cannongate (who are to be caried to Flanders for recruits) to Ly upon whill they are in the said Tolbooth And Ordaines the Flanders officers to whom these recruites foe belong to find sufficient Cautione to the satisfaction of the saids Magistrats that they shall deliver back these blanketts in good cause to the persones who furnished the Same, So Soon as they shall make payment to the persones furnishers of a rex doller for each pair of the saids Blanketts being a double pair which shall not be restored back in good caise as said is.
1. NRS, PC2/24, 172r-172v.
1. NRS, PC2/24, 172r-172v.
D1693/1/48
D1693/1/481
Act
Anent a Petition given in to the Lords of their majesties privy Councill be John Raylay only Lawfull son to John Raylay merchant in Livengstoune prisoner in the Tolbooth of Musleburgh and the said John Raylay his father in his name and behalfe Shewing That the petitioner being ane merchant and Countrieman tradeing to and from Edinburgh these severall years bygone about his Lawfull Calling of merchandizeing without any trouble or offence to any persone whatsomever yet not withstanding quherof upon what pretence altogither unknown one Ensigne Morisone upon the twentie thrid day of January Jaj vjc nyntie thrie years Did violently seaze upon the petitioner when about his Lawfull affairs in the Cannogate with six armed souldiers and at their oun hand without any warrand or Order of Law from any officer or other persone did forcibly cary the petitioner to the Cannogate Tolbooth and from thence hurried him to Musleburgh Tolbooth wher he was detained prisoner at preset and did take from him his sword which for severall years he hade worne for his oun defence when he travelled with his pack And did take all the money he hade on him at the time albeit he never ingadged with any Souldier or officer or did take any earnest from them to ingadge in any Military service, Which violence and oppression was contrair to all Law and Justice and the saids Lords proclamation anent pressing of men And Therfore Humbly Craveing the saids Lords in Consideratione of the premisses and to cause order ane partie to transmitt the said John Raly out of the said Tolbooth of Musleburgh to the Tolbooth of Edinburgh or Canogate and to take tryall of the said wrongeous seazing upon and puting the petitioner in prisone, That after tryall of his Innocencie he might be sett at libertie and the said Ensigne Morison might be condignly punished and the leidges secured from such Illegall practisses as the petitione bears The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above John Raylay They heirby Remitt to the baillies of the Regallitie of Musleburgh to Consider the matter And to call for and hear both the petitioner and the above Ensigne Morisone With power to the said Baillies to doe, and determine in this affair as he shall find Just Conforme to the proclamatione of Councill emitted anent pressed Souldiers and Deserters.
1. NRS, PC2/24, 171v-172r.
1. NRS, PC2/24, 171v-172r.