Tag Archives: July

Sederunt, 13 July 1697, Edinburgh

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Att Edinburgh the Threttein day of Jwlly Jaj vic nyntie seven yeirs1

D1697/7/52

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Twlliebardine; Earl of Southerland; Earl of Marr; Earl of Mortowne; Earl of Lauderdale; Earl of Lothian; Earl of Annandale; Earl of Rwglen; Viscount Tarbat; Lord Secretarie; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Fountainhall; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomery; Laird of Blackbarrony; Laird of Leyes; Laird of Cessnock; Laird of Kellburne; Sir Patrick Murray

Att Edinburgh the Threttein day of Jwlly Jaj vic nyntie seven yeirs1

D1697/7/52

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Twlliebardine; Earl of Southerland; Earl of Marr; Earl of Mortowne; Earl of Lauderdale; Earl of Lothian; Earl of Annandale; Earl of Rwglen; Viscount Tarbat; Lord Secretarie; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Fountainhall; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomery; Laird of Blackbarrony; Laird of Leyes; Laird of Cessnock; Laird of Kellburne; Sir Patrick Murray

1. NRS, PC2/27, 1r.

2. NRS, PC2/27, 1r.

1. NRS, PC2/27, 1r.

2. NRS, PC2/27, 1r.

Procedure, 6 July 1697, Edinburgh

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Att Edinburgh the sixth day of Jwllie Jaj vic nyntie seven yeirs

D1697/7/41

Procedure

[Note of procedure]

This privat Register begins the Sixth day of Augwst Jaj vic nyntie five yeirs And ends the Sixth of Jwllie Jaj vic nyntie seven yeirs

Att Edinburgh the sixth day of Jwllie Jaj vic nyntie seven yeirs

D1697/7/41

Procedure

[Note of procedure]

This privat Register begins the Sixth day of Augwst Jaj vic nyntie five yeirs And ends the Sixth of Jwllie Jaj vic nyntie seven yeirs

1. NRS, PC2/26, 375r.

1. NRS, PC2/26, 375r.

Act, 6 July 1697, Edinburgh

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Att Edinburgh the sixth day of Jwllie Jaj vic nyntie seven yeirs

D1697/7/31

Act

Act and Commissione The Lord Anstruther

The Lords of his majesties privie Cownsell haveing considered a memorandum given in to them by The Lord Anstruther Shewing That by ane act of his majesties most honoreable privie Counsell dated the threttein of December Jaj vic nyntie two Robert Smith of Giblistoun wes appointed and impowered to uplift the vaccant Stipend of the Kirk of Anstruther wester cropts Jaj vic nyntie, nyntie ane, and Jaj vic nyntie two to be imployed for reparatione of the said kirk they being verie rwinows The ministers manse and other piows uses within the desyre of the heretors accepted without any reward or hopes of rewaird for his paines but allenarly to doe the heretors a kindnes And for his fidelitie in intakeing Just compt gave his bond with a Sufficient Cautioner and now the Stipend being uplifted for these their cropts his accompts are readie to cleare and instruct and the ballance readie to give in (which is over the reparations and other uses in the accompt) for rebwilding the old manse or bwying a new one It is therfor humbly desyred that his Lordship would be pleased to move this to the Counsell that a remite or Comissione may be granted to his Lordship as one of his majesties Counsell and one of the heretors of the paroch and any other heretors his Lordship pleases to examine fitt cleare and discharge his accompts receave up the balance in his hand and give up to him his backband which is in the clerks hands This may be Done at home in the Vaccance or if he be necessitat to stay here to waite on it may be tediows and his expensses payed which will be at if he stay here The saids Lords of his majesties privie Counsell haveing considered the above memorandum given in to them direct for The Lord Anstruther They heirby Give full power and warrand to the Lord Anstruther one of ther own number to receave in from Robert Smith of Giblistowne his accompts of the above Stipend and to fitt these accompts receave in the ballance and give discharges if he find jwst and to report to The Counsell that they may order Giblistownes back bond to be given up to him be the Counsell Clerks

Att Edinburgh the sixth day of Jwllie Jaj vic nyntie seven yeirs

D1697/7/31

Act

Act and Commissione The Lord Anstruther

The Lords of his majesties privie Cownsell haveing considered a memorandum given in to them by The Lord Anstruther Shewing That by ane act of his majesties most honoreable privie Counsell dated the threttein of December Jaj vic nyntie two Robert Smith of Giblistoun wes appointed and impowered to uplift the vaccant Stipend of the Kirk of Anstruther wester cropts Jaj vic nyntie, nyntie ane, and Jaj vic nyntie two to be imployed for reparatione of the said kirk they being verie rwinows The ministers manse and other piows uses within the desyre of the heretors accepted without any reward or hopes of rewaird for his paines but allenarly to doe the heretors a kindnes And for his fidelitie in intakeing Just compt gave his bond with a Sufficient Cautioner and now the Stipend being uplifted for these their cropts his accompts are readie to cleare and instruct and the ballance readie to give in (which is over the reparations and other uses in the accompt) for rebwilding the old manse or bwying a new one It is therfor humbly desyred that his Lordship would be pleased to move this to the Counsell that a remite or Comissione may be granted to his Lordship as one of his majesties Counsell and one of the heretors of the paroch and any other heretors his Lordship pleases to examine fitt cleare and discharge his accompts receave up the balance in his hand and give up to him his backband which is in the clerks hands This may be Done at home in the Vaccance or if he be necessitat to stay here to waite on it may be tediows and his expensses payed which will be at if he stay here The saids Lords of his majesties privie Counsell haveing considered the above memorandum given in to them direct for The Lord Anstruther They heirby Give full power and warrand to the Lord Anstruther one of ther own number to receave in from Robert Smith of Giblistowne his accompts of the above Stipend and to fitt these accompts receave in the ballance and give discharges if he find jwst and to report to The Counsell that they may order Giblistownes back bond to be given up to him be the Counsell Clerks

1. NRS, PC2/26, 374r-375r.

1. NRS, PC2/26, 374r-375r.

Order, 6 July 1697, Edinburgh

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Att Edinburgh the sixth day of Jwllie Jaj vic nyntie seven yeirs

D1697/7/21

Order

Recomendatione Robert Campbell

The Lords of his majesties privie Counsell haveing considered a petitione given in to them be Robert Campbell in Claddock house of Lochryon who was robbed by a French caper read and The Cownsell doe heirby recomend him to The Lords Commissioners of his majesties thesaurie and recomends to ther Lordships to Deale Kindlie with him in the mater petitioned for

Att Edinburgh the sixth day of Jwllie Jaj vic nyntie seven yeirs

D1697/7/21

Order

Recomendatione Robert Campbell

The Lords of his majesties privie Counsell haveing considered a petitione given in to them be Robert Campbell in Claddock house of Lochryon who was robbed by a French caper read and The Cownsell doe heirby recomend him to The Lords Commissioners of his majesties thesaurie and recomends to ther Lordships to Deale Kindlie with him in the mater petitioned for

1. NRS, PC2/26, 374r.

1. NRS, PC2/26, 374r.

Sederunt, 6 July 1697, Edinburgh

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Att Edinburgh the sixth day of Jwllie Jaj vic nyntie seven yeirs1

D1697/7/12

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Twllybardine; Earl of Argyll; Earl of Sowtherland; Earl of Marr; Earl of Morton; Earl of Lawderdale; Earl of Lothian; Earl of Lowdowne; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Ruglen; Viscount Tarbat; Lord Forbes; Lord Secretary Ogilvie; Lord Advocat; Lord Jwstice clerk; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Laird of Pollock; Laird of Leyes; Proveist of Edinburgh; Laird of Kellburne; Sir Patrick Murray

Att Edinburgh the sixth day of Jwllie Jaj vic nyntie seven yeirs1

D1697/7/12

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Twllybardine; Earl of Argyll; Earl of Sowtherland; Earl of Marr; Earl of Morton; Earl of Lawderdale; Earl of Lothian; Earl of Lowdowne; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Ruglen; Viscount Tarbat; Lord Forbes; Lord Secretary Ogilvie; Lord Advocat; Lord Jwstice clerk; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Laird of Pollock; Laird of Leyes; Proveist of Edinburgh; Laird of Kellburne; Sir Patrick Murray

1. NRS, PC2/26, 374r.

2. NRS, PC2/26, 374r.

1. NRS, PC2/26, 374r.

2. NRS, PC2/26, 374r.

Order, 30 July 1696, Edinburgh

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Att Edinburgh the threttie day of Jullie Jaj vic nyntie six yeirs

D1696/7/381

Order

Recomendatione Fergwsone and Smith

Anent the petitione given in to the Lords of his majesties privie Cownsell be George Fergwsone baillie of Old Meldrwm and Alexander Smith writer in Edinburgh Shewing That wher the petitioners being informed by their freinds and others of the Shyre of Aberdeen of the great Straits they are in for want of victwall and that the want and famine is daylie more and more incressing ther being Litle or no victwall in that Shyre or the next adjacent therto And for want therof ther hes Severalls dyed with in this fourtnight And earnestly intreated the petitioners to make Some Shift for ther releefe and keeping in of ther Lives they Judged themselves bownd to represent the Same to ther Lordships humbly expecting ther assistance for ther releiffe they being redacted to Such Straits for want of victwall that if they be not Speediely Supplied and victwall transported a good pairt of that and next Shyre will wndoubtedly Starve And the petitioners being resolved to goe to the north of England to bwy up Some corne and bear and transport the Same to Aberdeen to the qwantitie of Ane Thowsand or twelve 2 Hundered3 bolls which will amownt to a considerable Soume of money more then the petitioners are able to adventure seing ther are some French privateers said to be on the coasts so if ther Lordships owt of ther bowntie and goodnes would be pleased to allow the petitioners Some incowragement for effectwating ther Designe by rwning the risk therof in caise any privateers happen to Seaze upon the victwall by the way And to Show ther Lordships that the petitioners hes no designe to make any profite this way they are content to sell the Same at any rate ther Lordships Shall appoint above the rate the Same Shall be bowght or any profite that Shall be made therof to be at ther Lordships disposeall the necessarie expensses of the frawght And others being allowed in ther first end And therfor humbly craveing ther Lordships Sereowsely to considder the sad and miserable circumstances the poor people in the said Shyre are in and graceowsly be pleased to pass ane act in the petitioners favors for rwning the risk of the said victwall seing the petitioners designe no profeite for themselvs but allenarly the keeping of the poor in the said Shyre from Starveing And that ther Lordships would be pleased to doe the Same in all haist As the said petitione bears Which being this day red and considered be the saids Lords of privie Cownsell They heirby recomend to the Lords Commissioners of his majesties thesaurie to grant the desyre therof or otherwayes to Doe therin as they shall find Jwst

Att Edinburgh the threttie day of Jullie Jaj vic nyntie six yeirs

D1696/7/381

Order

Recomendatione Fergwsone and Smith

Anent the petitione given in to the Lords of his majesties privie Cownsell be George Fergwsone baillie of Old Meldrwm and Alexander Smith writer in Edinburgh Shewing That wher the petitioners being informed by their freinds and others of the Shyre of Aberdeen of the great Straits they are in for want of victwall and that the want and famine is daylie more and more incressing ther being Litle or no victwall in that Shyre or the next adjacent therto And for want therof ther hes Severalls dyed with in this fourtnight And earnestly intreated the petitioners to make Some Shift for ther releefe and keeping in of ther Lives they Judged themselves bownd to represent the Same to ther Lordships humbly expecting ther assistance for ther releiffe they being redacted to Such Straits for want of victwall that if they be not Speediely Supplied and victwall transported a good pairt of that and next Shyre will wndoubtedly Starve And the petitioners being resolved to goe to the north of England to bwy up Some corne and bear and transport the Same to Aberdeen to the qwantitie of Ane Thowsand or twelve 2 Hundered3 bolls which will amownt to a considerable Soume of money more then the petitioners are able to adventure seing ther are some French privateers said to be on the coasts so if ther Lordships owt of ther bowntie and goodnes would be pleased to allow the petitioners Some incowragement for effectwating ther Designe by rwning the risk therof in caise any privateers happen to Seaze upon the victwall by the way And to Show ther Lordships that the petitioners hes no designe to make any profite this way they are content to sell the Same at any rate ther Lordships Shall appoint above the rate the Same Shall be bowght or any profite that Shall be made therof to be at ther Lordships disposeall the necessarie expensses of the frawght And others being allowed in ther first end And therfor humbly craveing ther Lordships Sereowsely to considder the sad and miserable circumstances the poor people in the said Shyre are in and graceowsly be pleased to pass ane act in the petitioners favors for rwning the risk of the said victwall seing the petitioners designe no profeite for themselvs but allenarly the keeping of the poor in the said Shyre from Starveing And that ther Lordships would be pleased to doe the Same in all haist As the said petitione bears Which being this day red and considered be the saids Lords of privie Cownsell They heirby recomend to the Lords Commissioners of his majesties thesaurie to grant the desyre therof or otherwayes to Doe therin as they shall find Jwst

1. NRS, PC2/26, 253r-254r.

2. The words ‘two thousand’ scored out here.

3. Insertion.

1. NRS, PC2/26, 253r-254r.

2. The words ‘two thousand’ scored out here.

3. Insertion.

Decreet, 30 July 1696, Edinburgh

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Att Edinburgh the threttie day of Jullie Jaj vic nyntie six yeirs

D1696/7/371

Decreet

Decreit Laird of Foveraine Against Browne

Anent the lybell or Letters of complaint raised and persewed befor the Lords of his majesties privie Counsell at the instance of James Browne Late servitor to the deceast Mr Alexander Forbes of Foveraine with concourse of Sir James Stewart his majesties advocat for his highnes interest in the mater wnderwritten Makeing Mentione That wheras by the Law of this and all other well governed nationes the robbing and violent away takeing of any mans goods money or papers and the wrongous imprisonement of ther persones and detaineing them in privat prisones are crymes of a high nature and severely pwnishable And it being of veritie that the said James Browne Complainer haveing bein Servant to the said deceast Mr Alexander Forbes of Foveraine this Foveraines father and imployed be him for receaveing in and selling owt his victuall the Complainer Served him most honestly and faithfullie and everie moneth or five weeks he was in wse to give ane accompt of his intromissions charge and Discharge which was Signed by Foveraine And the said James Browne Complainer And Foveraine gave him a discharg of his intromissiones at everie compting And efter old Foveraignes decease the said Samwell Forbes now of Foveraine continwed the Said James Browne in the Same Service And at Mertimes Last he haveing given in a new accompt to the said Samwell Forbes of his intromissiones befor that tyme and desyred him to clear his accompts in the maner as his father was in wse to doe which he absolwtely refwsed except the said James Browne would Likewayes charge himself with Severall Soumes of money that old Foverane had receaved from the tennents And for which he had given his own recepts which was most wnreasonable and unjust Seing the Complainer could never be obleidged to charge himself with these Soumes which he did not receave bwt had bein payed by the tennents to old Foveraine And because the said Complainer could not compt for these Soumes which he had not receaved The Said Samwell Forbes Came upon the […] Day of March Last or ane or other of the dayes of the said moneth Came to the house of Foveraine wher the Complainer was Duelling for the tyme and wher he receaved and sold owt the victwall And did take from him the key of the roome wher his chist was and robbed and away took out of the said James Brownes chist all his accompts and instructiones therof and severall bonds and tickets and a considerable Soume of money and all his weareing cloaths and Left him nothing And Such was the Said Samwell Forbes his crwell malice against the said Complainer that he not resting satisfied with what he had Done in robbing him of all that he had He came upon the twentie of May therefter or one or other of the Dayes of the Said moneth to the house of Foveraine he haveing his residence at that tyme at the house of Tillery about two or thrie mylls Distance from the house of Foverane And being accompanyed with a number of armed men He at his own hand without any order of Law Seazed the said James Browne and keeped him closs prisoner in the house of Foveraine which was a privat prisone for the Space of nyn or ten dayes without allowing any persone to have access to him And Such was his barbarows crwelty that he threatned to Dragg the complainer Downe to ane vault or Dwngione and to that effect that he might the better Secure him that he could not make his escape The Said Samwell Forbes cawsed his Servants putt him in a closs bed and Drew the bed Lidds closs upon him and fixed it closs by trwnks gadds of Irion and other things that he could not gett the Lidds opened and so keeped him constantly closs from ten a cloak at night till ten hours in the next morning that he was almost Stuffed for want of Air and Detained him in the said conditione the foirsaid space of nyn or ten dayes and would not Sett him at Libertie befor he was forced to deliver him all the other money and papers he had Which was a high and manifest ryot robbery and oppressione Off which crymes the said Samwell Forbes is gwiltie actor airt or pairt And ought to be ordained to Deliver back to the said James Browne his money bonds and other papers and cloahs that were robbed and away taken as said is And to be lyable to him in the Soume of Thrie Thowsand merks for his Damnadges For which he owght to have his Inramentum in Litem As also the said Samwell Forbes ought to be otherwayes pwnished in his persone and goods to the terror of others to Doe and comitt the lyke herefter And anent the charge given to the said defender to have compeared personally befor the saids Lords of privie Counsell at ane certaine Day now bypast to have ansuered to the grounds of the above lybell or 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 in the said principall lybell or Letters of complaint and executiones therof at more lenth bears And Sicklyke anent the lybell or Letters of reconventione raised and perswed befor the the saids Lords of privie Counsell at the instance of the Said Samwell Forbes of Foveraine with concurse of the said Sir James Stewart his majesties advocat for his highnes interest in the mater underwrittin Makeing mentione That wheras by the Lawes and constant practicq of this and all well governed nationes the Defameing or tradwceing of our good Subjects by arraigneing them befor our highest Jwdicatories as gwiltie of crymes of robbing oppressione and wrongows imprisonement Especiallie when the said accwsatione is exhibited by a Servant against his own maister and that upon most callumniows and falls grownds of purpose to Load his maisters reputatione is a cryme of a high nature and Severely pwnishable yet trwe it is That […] Browne Servitor to the Said Samwell Forbes hes at his own hand or by whose instigatione he knows best himself Adventure to exhibite a complaint to our privie Counsell against the said Samwell Forbes arraigneing him the said Samwell of the Saids crymes of robberie oppressione and detaineing of him the said […] Brown in private caire whill as the Shaddow or collour that the said […] Browne had efter for soe doeing And which be the said Foveraine repeated by way of Defense against the said accwsatione was that said […] Browne haveing bein in a very mean and Low condition when he entered into the complainers fathers Service He did in Less then thrie yeirs tyme Look out with a biggnes above the rest of his fellow servants that seemed to be somewhat inconsistent with the fidelitie of a man of his trwst as ane uplifter of a Small pairt of the rents of ane infirm old gentlemans estate For which he had but a moderat fie abowt Fourtie punds yeirly without any other caswalitie or soe much as any other imaginable fond wherupon to have adventured upon Such bargains and blockings as he caryed on to his own behoove So that all the grounds of presumptione in the world lay against the Defender that he medled too farr with his maisters money Especiallie considering that his way of compting in his Late maisters tyme was by frameing his own charge als well as his discharge All which when the complainer was Succeeding to his father had efter eight or ten moneths examinatione of maters found owt and had conjoyned therwith that the said Browne not only on the Complainers fathers lyfetyme was trapped2 by ane imbazlement of malt and meall But likewayes Did imbazle severall things Lately owt of the Complainers house the Complainer Did abowt Mertimes Last requyre the said […] Browne Defender to cleare his compts And he haveing Shifted the Same till March therefter that the complainers Jealouzie was increassed to Swch a degrie that in presence of Forbes of Craigie who was accedentallie at the house of Foeraine the Complainer Did expostulat with the defender anent the grownds of Jealowzie that he had of him wherupon the Defender thinking to brawll the Complainer owt of it Did with a confidence extracted nary in presence of the said other Gentleman boast of his integritie professing that his chists and all his keepings Should be presontly Searched for his own exoneratione And haveing opened his chist himself with a murmuering that nothing wnhausen Should be fixed upon him the Complainer at the first inspectione Did indeed beleeve that nothing of conseqwence Should appear till by a more narrow Searching Something is fownd in the end of the chist that resembled a case of Secrete Shotles which nevertheles the said Defender with the greatest confidence Denyed till atlenth the way of comeing to the said Secrete Shotles being fownd out the Complainer Did find therin two baggs of money with Severall bonds and tickets in the name of the Complainers father besydes bonds and others in the Defenders own name which in all would have amownted to more then Ane Hundereth pund Sterleing 3 attour Some peices of Gold and upon which Discoverie the defender became soe confounded and astonished that the complainer Did exceedingly Compassionat him professing his readienes to comply with any handsome method that might Cover the Defender his disgrace And haveing marked all the accompts and Sealled up the money and bonds that were in the Complainers fathers name which bond and money lyes to this hour Sealled and the Severall depositat in the hands of the said Forbes of Craigie Lykeas upon the defender his Seemeing remorse and begging the Complainer to take all that was fownd to himself so as to conceall the fault And furder praying that the Complainer would grant him ane discharge beareing ane acknowledgement of full Satisfactione that upon Sight of it the Defenders fellow Servants ther Jealouzie of him might be removed The Complainer was therupon so farr prevailled with that tho he gave no discharge yet he Suffered the defender to convince in his Service with the Same trwst of his girnalls for selling his meall as formerly till he of new againe finds owt the defenders tamperance and ill practises in that great complaints were made in May Last not only by multitudes of hwngrie Starveing people and others That no meall could be gott from the keeper of Foverans Girnell But Likewayes the Complainers own domestick Servants complained of want tho the girnells were not half emptied And when the complainer enqwyred into this mater the defender did with so much arrogant wntoward Lienes refwsed to give any kind of Satisfaction or State accompts or yet Lett the complainer be maister of the keyes of his own girnells That the Complainer had all the reasone in the world to Suspect the defender had designe to break up with him with the full hand and make his escape for preventing of which and because the defender was the complainers very Domestick Servant he resolved not to allou him furder access to his girnells or any imployment without Doors untill the keyes of the girnells Should be delivered up by him that it might appeare how much of the meall remained wnsold and what accompt the defender could make of the price he gott for what was sold and in persewance of this and in respect that the defender had Jwst then made ane attempt to rwn for it till by the help of two men on horse back he was brought back The Complainer comands his other Servants not to Lett the defender owt of Doors till accompt Should be made as said is wherthrow the defender was no furder restrained from his ordinary Libertie but that one of his fellow servants attended him when his occasiones obleidged him to goe abroad And did actwally Lye with him in the Same bed wher he was allwayes wont to ly for fear of makeing his escape till accompts Should be cleared as said is And near a weeks tyme haveing bein consumed efter this fashion the defender by the expostwlations of his own father and Severall others who condemned him exceedingly for his ill practises is atlenth prevailled with to deliver up the key of the girnell and to depositat it in the hands of […] what readie money he pretended to have made by the saile of the meall wherupon the complainer in hopes of the defenders compting and reckning with him in a faire way Did againe dispense with this new trick Efter these and by whose instigatione the Complainer knowes not But instead of any fair compting the defender to add to his former wrongs done his maister takes the Libertie now to arraigne him befor our Saids Lords of privie Counsell at the deepest and blackest of criminalls By all which it is manifest that the said defender is most callwmmows and maliciows in raiseing and prosecuteing of Swch a complaint besydes that the said defender is otherwayes gwiltie of manifest acts of falshood and imbazlement In so farr as it can be proven That primo how soon his said Late maister was bwried He pretended to have Lost the Keyes of the victwall house and ther ariseing a Jealousie against him of Soume designe to become therby frie from giveing accompt of the meall as not haveing bein allwayes keeper of the keyes which he had throwen away himself for preventing of which designe it was fownd necessar to blow up the victwall house door and to putt a new Lock theron And he thws finding a disapointment of Swch a false and Sinistrwows designe did ten dayes efterwards reprodwce the keyes Secundo the said Browne defender mad wse of false measoures in so farr as he receaved in from the tenents uith a large measure and sold out with a Lesser and contrived the meall Strialled So as to Deceave both tenents and bwyers Tertio The said Browne did receave his maisters meall and mized it with meall which he called his own So as that it Should be Still wncertaine whose meall he was Selling Qwarto he refwsed to give any recepts to the tenents upon the delivering of ther farmes but keeped the Same without allowing them any instruction of ther payments made therby to keepe all in confwsione betuixt ther maister and them Qwinto he the said Browne defender Did most falsely and treacherowsely Steall and away take thrie Swites of apparrell two cloaks with Severall other peices of weareing cloaths to the value of twentie pund Sterleing and upward which then belonged to the complainer and wrongouselie turne the Samen to his own wse and profite by selling some of them in the countrie and cheapeing and cutting others for his own weareing But all this without the Complainers knouledge and to his great reproach and discontentment when he heard and discovered the Same Sexto the said Browne as he had thus imbazled and Stollen the meall and the cloathes so he Likewayes resolvency to make a most wndwe profite with therto he refwsed to give any accompt of what he had receaved and intrometted with But detained and yet Deteins the Same And particularly the money receaved from Alexander Johnstowne John Hay William Cassey and Severall others of the Complainers tenents Notwithstanding that the complainer offered to remit the Justice and eqwitie of the charge to the defenders father brother or any freind he could name All which he most wrongowselie delcyned pretending he was not lyable to compt to the said complainer for his intromissione in the complainers fathers tyme And altho his father could have charged him with the recepts of money given to the tenents yet the Complainer could not thinking perhapps (as many mistaken men doe) that the case of Death was like a broken Shipp wher every one might take and keep whatever he could By which not compting the complainers Loss is upwards of two Hundereth punds Sterleing Septimo the said Browne pretending in some measure to alleviat these gwilts Did importwne the complainer to take veiw and inspectione of his chist which being yeilded to upon a narrow Search and not mwch difficultie ther was fownd to be false bottoms and Secreite Shotles in the said chist And under the false bottomes ther was fownd ane considerable Soume of money pairt Silver pairt gold with Some papers which he violently tore whill the Search was goeing on As also ther was fownd Severall bonds and tickets Some in the name of the Complainers father and Some in the name of the defender to a conisderable valwe All which the said defender offered to the complainer for a discharge of his bygone intromissiones confessing his former imbazlements and falsehood Octavo Swch was the defenders insolence that he abstracted and caried away the keyes of the victwall house and girnell with all the money gotten for the meall sold and all the accompts of the meall sold in trwst And altho ther came Soume Hundereds of hungrie Starved people every day to the victwall house to receave meall to ther poor familie yet he could never be prevailled with to give them any in ther so great Strait nor could he be indwced to tell what he had Done with the keyes so that the complainer finding it wnsafe to enter into his own victwall house wher ther was so great alongest and Delivered the meall off his hand was necessitat to sett a gwaird on his victwall house Door in the night tyme least the accomplices of the defender might have come and Steall the meall away Secretely And the complainer was Likewayes necessitat to call in for Some meall from his tenents for the necessar wse of his own family and Supplieing the poor cowntrie people who had come to bwy the Same wherthrow and it being fownd that the Said Browne hes defamatione ane complaint afoirsaid against the said Complainer is growndles and that he is gwiltie of the acts of imbazlement and infidelitie in his trwst afoirsaid He owght and Should not only be Decerned in the Soume of Two hundered and twentie pund Sterleing afoirsaid to the complainer and fyned in what further the Lords of our privie Counsell Shall think fitt But Likewayes ought to be pwnished in his persone to the terror of Such like Servants to adventure upon Such practises for the future And Anent the charge given to the said defender to have compeared personallie befor the saids Lords of privie Counsell at ane certaine day now bypast 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 rebellion etc As the said lybell of reconventione and executiones therof at more lenth bears Which principall lybell and lybell of reconventione being upon the Sixtein day of Jullie instant both called in presence of the saids Lords of privie Counsell and both pairties Compeareing personallie And Sir Patrick Home and Mr Francis Grant compeareing as Advocats for the said James Browne And Mr David Forbes and Mr John Mowat Compareing as Advocats for the Said Samwell Forbes of Foverane The principall lybell and ansuers therto with the lybell of reconventione being all read and both pairties and ther respective Lawiers fullie heard The saids Lords admitted both lybells to the respective pairties ther probatione Reserveing the relevancy to be advysed with the probatione The wittnesses cited and compeareing or not compeareing as marked in the roll and the wittnesses compeareing haveing made faith at the barr The saids Lords of privie Counsell nominated and appointed a Comittie of ther own number for examineing of these wittnesses And reserved all objectiones to be made against these wittnesses to be proponed and discussed befor the said Comittie and assigned to them a Day for meeting and examineing the Saids wittnesses And the Comittie haveing accordingly mett and examined Diverse and Sundrie faithfull wittnesses who all Deponed and Declaired us ther oathes and Depositiones extant in process bears And the Saids Lords of his majesties privie Counsell haveing this day advysed both processes and particularly haveing considered the depositiones of the wittnesses addwced in aither of the saids processes They find the principall lybell not proven And therfore have assoillzed and heirby assoillzes the said Samwell Forbes of Foveraine defender therin from the points and articles therof And Declaires him qwite therof and frie therfrae in all tyme comeing And finds the lybell of reconventione verified and proven in severall particulars therof And have fyned and heirby fynes the said James Browne defender therin in the Soume of Six hundereth merks Scotts money and decernes and ordaines him to make payment to the said Samuell Forbes of Foveraine of the Same And in respect of his callwmmating the Laird of Foveraine his maister The Saids Lords ordains him to be caried persouer to the tollbwith of Edinburgh ther to ly Dureing the Counsells pleasure And ordains him to find Sufficient cawtione acted in the books of privie Cownsell that he Shall clear his accompts with his maister and make payment of what he Shall be found resting to his maister therby And also that he Shall lye in prisone untill he make payment of the above fyne to him And the saids Lords Doe heirby banish the said James Browne furth of the Shyre of Aberdeene and discharges him to returne therto wnder the paine of being banished furth of this kingdome

Att Edinburgh the threttie day of Jullie Jaj vic nyntie six yeirs

D1696/7/371

Decreet

Decreit Laird of Foveraine Against Browne

Anent the lybell or Letters of complaint raised and persewed befor the Lords of his majesties privie Counsell at the instance of James Browne Late servitor to the deceast Mr Alexander Forbes of Foveraine with concourse of Sir James Stewart his majesties advocat for his highnes interest in the mater wnderwritten Makeing Mentione That wheras by the Law of this and all other well governed nationes the robbing and violent away takeing of any mans goods money or papers and the wrongous imprisonement of ther persones and detaineing them in privat prisones are crymes of a high nature and severely pwnishable And it being of veritie that the said James Browne Complainer haveing bein Servant to the said deceast Mr Alexander Forbes of Foveraine this Foveraines father and imployed be him for receaveing in and selling owt his victuall the Complainer Served him most honestly and faithfullie and everie moneth or five weeks he was in wse to give ane accompt of his intromissions charge and Discharge which was Signed by Foveraine And the said James Browne Complainer And Foveraine gave him a discharg of his intromissiones at everie compting And efter old Foveraignes decease the said Samwell Forbes now of Foveraine continwed the Said James Browne in the Same Service And at Mertimes Last he haveing given in a new accompt to the said Samwell Forbes of his intromissiones befor that tyme and desyred him to clear his accompts in the maner as his father was in wse to doe which he absolwtely refwsed except the said James Browne would Likewayes charge himself with Severall Soumes of money that old Foverane had receaved from the tennents And for which he had given his own recepts which was most wnreasonable and unjust Seing the Complainer could never be obleidged to charge himself with these Soumes which he did not receave bwt had bein payed by the tennents to old Foveraine And because the said Complainer could not compt for these Soumes which he had not receaved The Said Samwell Forbes Came upon the […] Day of March Last or ane or other of the dayes of the said moneth Came to the house of Foveraine wher the Complainer was Duelling for the tyme and wher he receaved and sold owt the victwall And did take from him the key of the roome wher his chist was and robbed and away took out of the said James Brownes chist all his accompts and instructiones therof and severall bonds and tickets and a considerable Soume of money and all his weareing cloaths and Left him nothing And Such was the Said Samwell Forbes his crwell malice against the said Complainer that he not resting satisfied with what he had Done in robbing him of all that he had He came upon the twentie of May therefter or one or other of the Dayes of the Said moneth to the house of Foveraine he haveing his residence at that tyme at the house of Tillery about two or thrie mylls Distance from the house of Foverane And being accompanyed with a number of armed men He at his own hand without any order of Law Seazed the said James Browne and keeped him closs prisoner in the house of Foveraine which was a privat prisone for the Space of nyn or ten dayes without allowing any persone to have access to him And Such was his barbarows crwelty that he threatned to Dragg the complainer Downe to ane vault or Dwngione and to that effect that he might the better Secure him that he could not make his escape The Said Samwell Forbes cawsed his Servants putt him in a closs bed and Drew the bed Lidds closs upon him and fixed it closs by trwnks gadds of Irion and other things that he could not gett the Lidds opened and so keeped him constantly closs from ten a cloak at night till ten hours in the next morning that he was almost Stuffed for want of Air and Detained him in the said conditione the foirsaid space of nyn or ten dayes and would not Sett him at Libertie befor he was forced to deliver him all the other money and papers he had Which was a high and manifest ryot robbery and oppressione Off which crymes the said Samwell Forbes is gwiltie actor airt or pairt And ought to be ordained to Deliver back to the said James Browne his money bonds and other papers and cloahs that were robbed and away taken as said is And to be lyable to him in the Soume of Thrie Thowsand merks for his Damnadges For which he owght to have his Inramentum in Litem As also the said Samwell Forbes ought to be otherwayes pwnished in his persone and goods to the terror of others to Doe and comitt the lyke herefter And anent the charge given to the said defender to have compeared personally befor the saids Lords of privie Counsell at ane certaine Day now bypast to have ansuered to the grounds of the above lybell or 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 in the said principall lybell or Letters of complaint and executiones therof at more lenth bears And Sicklyke anent the lybell or Letters of reconventione raised and perswed befor the the saids Lords of privie Counsell at the instance of the Said Samwell Forbes of Foveraine with concurse of the said Sir James Stewart his majesties advocat for his highnes interest in the mater underwrittin Makeing mentione That wheras by the Lawes and constant practicq of this and all well governed nationes the Defameing or tradwceing of our good Subjects by arraigneing them befor our highest Jwdicatories as gwiltie of crymes of robbing oppressione and wrongows imprisonement Especiallie when the said accwsatione is exhibited by a Servant against his own maister and that upon most callumniows and falls grownds of purpose to Load his maisters reputatione is a cryme of a high nature and Severely pwnishable yet trwe it is That […] Browne Servitor to the Said Samwell Forbes hes at his own hand or by whose instigatione he knows best himself Adventure to exhibite a complaint to our privie Counsell against the said Samwell Forbes arraigneing him the said Samwell of the Saids crymes of robberie oppressione and detaineing of him the said […] Brown in private caire whill as the Shaddow or collour that the said […] Browne had efter for soe doeing And which be the said Foveraine repeated by way of Defense against the said accwsatione was that said […] Browne haveing bein in a very mean and Low condition when he entered into the complainers fathers Service He did in Less then thrie yeirs tyme Look out with a biggnes above the rest of his fellow servants that seemed to be somewhat inconsistent with the fidelitie of a man of his trwst as ane uplifter of a Small pairt of the rents of ane infirm old gentlemans estate For which he had but a moderat fie abowt Fourtie punds yeirly without any other caswalitie or soe much as any other imaginable fond wherupon to have adventured upon Such bargains and blockings as he caryed on to his own behoove So that all the grounds of presumptione in the world lay against the Defender that he medled too farr with his maisters money Especiallie considering that his way of compting in his Late maisters tyme was by frameing his own charge als well as his discharge All which when the complainer was Succeeding to his father had efter eight or ten moneths examinatione of maters found owt and had conjoyned therwith that the said Browne not only on the Complainers fathers lyfetyme was trapped2 by ane imbazlement of malt and meall But likewayes Did imbazle severall things Lately owt of the Complainers house the Complainer Did abowt Mertimes Last requyre the said […] Browne Defender to cleare his compts And he haveing Shifted the Same till March therefter that the complainers Jealouzie was increassed to Swch a degrie that in presence of Forbes of Craigie who was accedentallie at the house of Foeraine the Complainer Did expostulat with the defender anent the grownds of Jealowzie that he had of him wherupon the Defender thinking to brawll the Complainer owt of it Did with a confidence extracted nary in presence of the said other Gentleman boast of his integritie professing that his chists and all his keepings Should be presontly Searched for his own exoneratione And haveing opened his chist himself with a murmuering that nothing wnhausen Should be fixed upon him the Complainer at the first inspectione Did indeed beleeve that nothing of conseqwence Should appear till by a more narrow Searching Something is fownd in the end of the chist that resembled a case of Secrete Shotles which nevertheles the said Defender with the greatest confidence Denyed till atlenth the way of comeing to the said Secrete Shotles being fownd out the Complainer Did find therin two baggs of money with Severall bonds and tickets in the name of the Complainers father besydes bonds and others in the Defenders own name which in all would have amownted to more then Ane Hundereth pund Sterleing 3 attour Some peices of Gold and upon which Discoverie the defender became soe confounded and astonished that the complainer Did exceedingly Compassionat him professing his readienes to comply with any handsome method that might Cover the Defender his disgrace And haveing marked all the accompts and Sealled up the money and bonds that were in the Complainers fathers name which bond and money lyes to this hour Sealled and the Severall depositat in the hands of the said Forbes of Craigie Lykeas upon the defender his Seemeing remorse and begging the Complainer to take all that was fownd to himself so as to conceall the fault And furder praying that the Complainer would grant him ane discharge beareing ane acknowledgement of full Satisfactione that upon Sight of it the Defenders fellow Servants ther Jealouzie of him might be removed The Complainer was therupon so farr prevailled with that tho he gave no discharge yet he Suffered the defender to convince in his Service with the Same trwst of his girnalls for selling his meall as formerly till he of new againe finds owt the defenders tamperance and ill practises in that great complaints were made in May Last not only by multitudes of hwngrie Starveing people and others That no meall could be gott from the keeper of Foverans Girnell But Likewayes the Complainers own domestick Servants complained of want tho the girnells were not half emptied And when the complainer enqwyred into this mater the defender did with so much arrogant wntoward Lienes refwsed to give any kind of Satisfaction or State accompts or yet Lett the complainer be maister of the keyes of his own girnells That the Complainer had all the reasone in the world to Suspect the defender had designe to break up with him with the full hand and make his escape for preventing of which and because the defender was the complainers very Domestick Servant he resolved not to allou him furder access to his girnells or any imployment without Doors untill the keyes of the girnells Should be delivered up by him that it might appeare how much of the meall remained wnsold and what accompt the defender could make of the price he gott for what was sold and in persewance of this and in respect that the defender had Jwst then made ane attempt to rwn for it till by the help of two men on horse back he was brought back The Complainer comands his other Servants not to Lett the defender owt of Doors till accompt Should be made as said is wherthrow the defender was no furder restrained from his ordinary Libertie but that one of his fellow servants attended him when his occasiones obleidged him to goe abroad And did actwally Lye with him in the Same bed wher he was allwayes wont to ly for fear of makeing his escape till accompts Should be cleared as said is And near a weeks tyme haveing bein consumed efter this fashion the defender by the expostwlations of his own father and Severall others who condemned him exceedingly for his ill practises is atlenth prevailled with to deliver up the key of the girnell and to depositat it in the hands of […] what readie money he pretended to have made by the saile of the meall wherupon the complainer in hopes of the defenders compting and reckning with him in a faire way Did againe dispense with this new trick Efter these and by whose instigatione the Complainer knowes not But instead of any fair compting the defender to add to his former wrongs done his maister takes the Libertie now to arraigne him befor our Saids Lords of privie Counsell at the deepest and blackest of criminalls By all which it is manifest that the said defender is most callwmmows and maliciows in raiseing and prosecuteing of Swch a complaint besydes that the said defender is otherwayes gwiltie of manifest acts of falshood and imbazlement In so farr as it can be proven That primo how soon his said Late maister was bwried He pretended to have Lost the Keyes of the victwall house and ther ariseing a Jealousie against him of Soume designe to become therby frie from giveing accompt of the meall as not haveing bein allwayes keeper of the keyes which he had throwen away himself for preventing of which designe it was fownd necessar to blow up the victwall house door and to putt a new Lock theron And he thws finding a disapointment of Swch a false and Sinistrwows designe did ten dayes efterwards reprodwce the keyes Secundo the said Browne defender mad wse of false measoures in so farr as he receaved in from the tenents uith a large measure and sold out with a Lesser and contrived the meall Strialled So as to Deceave both tenents and bwyers Tertio The said Browne did receave his maisters meall and mized it with meall which he called his own So as that it Should be Still wncertaine whose meall he was Selling Qwarto he refwsed to give any recepts to the tenents upon the delivering of ther farmes but keeped the Same without allowing them any instruction of ther payments made therby to keepe all in confwsione betuixt ther maister and them Qwinto he the said Browne defender Did most falsely and treacherowsely Steall and away take thrie Swites of apparrell two cloaks with Severall other peices of weareing cloaths to the value of twentie pund Sterleing and upward which then belonged to the complainer and wrongouselie turne the Samen to his own wse and profite by selling some of them in the countrie and cheapeing and cutting others for his own weareing But all this without the Complainers knouledge and to his great reproach and discontentment when he heard and discovered the Same Sexto the said Browne as he had thus imbazled and Stollen the meall and the cloathes so he Likewayes resolvency to make a most wndwe profite with therto he refwsed to give any accompt of what he had receaved and intrometted with But detained and yet Deteins the Same And particularly the money receaved from Alexander Johnstowne John Hay William Cassey and Severall others of the Complainers tenents Notwithstanding that the complainer offered to remit the Justice and eqwitie of the charge to the defenders father brother or any freind he could name All which he most wrongowselie delcyned pretending he was not lyable to compt to the said complainer for his intromissione in the complainers fathers tyme And altho his father could have charged him with the recepts of money given to the tenents yet the Complainer could not thinking perhapps (as many mistaken men doe) that the case of Death was like a broken Shipp wher every one might take and keep whatever he could By which not compting the complainers Loss is upwards of two Hundereth punds Sterleing Septimo the said Browne pretending in some measure to alleviat these gwilts Did importwne the complainer to take veiw and inspectione of his chist which being yeilded to upon a narrow Search and not mwch difficultie ther was fownd to be false bottoms and Secreite Shotles in the said chist And under the false bottomes ther was fownd ane considerable Soume of money pairt Silver pairt gold with Some papers which he violently tore whill the Search was goeing on As also ther was fownd Severall bonds and tickets Some in the name of the Complainers father and Some in the name of the defender to a conisderable valwe All which the said defender offered to the complainer for a discharge of his bygone intromissiones confessing his former imbazlements and falsehood Octavo Swch was the defenders insolence that he abstracted and caried away the keyes of the victwall house and girnell with all the money gotten for the meall sold and all the accompts of the meall sold in trwst And altho ther came Soume Hundereds of hungrie Starved people every day to the victwall house to receave meall to ther poor familie yet he could never be prevailled with to give them any in ther so great Strait nor could he be indwced to tell what he had Done with the keyes so that the complainer finding it wnsafe to enter into his own victwall house wher ther was so great alongest and Delivered the meall off his hand was necessitat to sett a gwaird on his victwall house Door in the night tyme least the accomplices of the defender might have come and Steall the meall away Secretely And the complainer was Likewayes necessitat to call in for Some meall from his tenents for the necessar wse of his own family and Supplieing the poor cowntrie people who had come to bwy the Same wherthrow and it being fownd that the Said Browne hes defamatione ane complaint afoirsaid against the said Complainer is growndles and that he is gwiltie of the acts of imbazlement and infidelitie in his trwst afoirsaid He owght and Should not only be Decerned in the Soume of Two hundered and twentie pund Sterleing afoirsaid to the complainer and fyned in what further the Lords of our privie Counsell Shall think fitt But Likewayes ought to be pwnished in his persone to the terror of Such like Servants to adventure upon Such practises for the future And Anent the charge given to the said defender to have compeared personallie befor the saids Lords of privie Counsell at ane certaine day now bypast 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 rebellion etc As the said lybell of reconventione and executiones therof at more lenth bears Which principall lybell and lybell of reconventione being upon the Sixtein day of Jullie instant both called in presence of the saids Lords of privie Counsell and both pairties Compeareing personallie And Sir Patrick Home and Mr Francis Grant compeareing as Advocats for the said James Browne And Mr David Forbes and Mr John Mowat Compareing as Advocats for the Said Samwell Forbes of Foverane The principall lybell and ansuers therto with the lybell of reconventione being all read and both pairties and ther respective Lawiers fullie heard The saids Lords admitted both lybells to the respective pairties ther probatione Reserveing the relevancy to be advysed with the probatione The wittnesses cited and compeareing or not compeareing as marked in the roll and the wittnesses compeareing haveing made faith at the barr The saids Lords of privie Counsell nominated and appointed a Comittie of ther own number for examineing of these wittnesses And reserved all objectiones to be made against these wittnesses to be proponed and discussed befor the said Comittie and assigned to them a Day for meeting and examineing the Saids wittnesses And the Comittie haveing accordingly mett and examined Diverse and Sundrie faithfull wittnesses who all Deponed and Declaired us ther oathes and Depositiones extant in process bears And the Saids Lords of his majesties privie Counsell haveing this day advysed both processes and particularly haveing considered the depositiones of the wittnesses addwced in aither of the saids processes They find the principall lybell not proven And therfore have assoillzed and heirby assoillzes the said Samwell Forbes of Foveraine defender therin from the points and articles therof And Declaires him qwite therof and frie therfrae in all tyme comeing And finds the lybell of reconventione verified and proven in severall particulars therof And have fyned and heirby fynes the said James Browne defender therin in the Soume of Six hundereth merks Scotts money and decernes and ordaines him to make payment to the said Samuell Forbes of Foveraine of the Same And in respect of his callwmmating the Laird of Foveraine his maister The Saids Lords ordains him to be caried persouer to the tollbwith of Edinburgh ther to ly Dureing the Counsells pleasure And ordains him to find Sufficient cawtione acted in the books of privie Cownsell that he Shall clear his accompts with his maister and make payment of what he Shall be found resting to his maister therby And also that he Shall lye in prisone untill he make payment of the above fyne to him And the saids Lords Doe heirby banish the said James Browne furth of the Shyre of Aberdeene and discharges him to returne therto wnder the paine of being banished furth of this kingdome

1. NRS, PC2/26, 245v-253r.

2. The word ‘that’ scored out here.

3. An illegible word scored out here.

1. NRS, PC2/26, 245v-253r.

2. The word ‘that’ scored out here.

3. An illegible word scored out here.

Decreet, 30 July 1696, Edinburgh

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Att Edinburgh the threttie day of Jullie Jaj vic nyntie six yeirs

D1696/7/361

Decreet

Interloquitor Doctor Skeen against the Earle of Braidalbine and William Campbell

Anent out Soveraigne Lords Letters of Suspensione purchased and raised befor the Lords of his majesties privie Counsell at the instance of William Campbell Shirreff clerk of Caithnes designed in the lybell eftermentioned Chamberland to The Earle of Broadalbine Makeing Mention That wher in the actione intented befor the Lords of our privie Counsell at the instance of Doctor Alexander Skeen Late proveist of the colledge of Standrews Against the said Earle of Breadalbine William Dumbar of Hemprigs James Stewart and the said Complainer alleadged inverting of his pretended possessione of certaine Lands in Caithnes The Said Complainer is incarcerat within the tollbwith of Edinburgh be vertue of a warrand from our saids Lords purchased and procured at the said doctors instance upon most gross and callummows misrepresentationes appointing the said complainer to be secured and comitted to the next prisone untill the said complainer Should compear befor our saids Lords and ansuer to the lybell given in against him at the doctors instance As the lybell ansuers and minwts Which warrand foirsaid ought to be Suspended and the complainer Sett at Libertie for the reasones following Primo Because the said complainer did compear and did make ansuer to the lybell given in against him at the doctors instance As the lybell answers and minwts of proces lying in the clerks of our Counsells hands testified Secundo the said complainer did not only compear and did make ansuer to the lybell given in against him at the doctors instance But likewayes did attend for severall dayes untill the depositiones of the wittnesses adduced by the said Doctor were taken And finding that they did nowayes mulitat against him nor anyway prove what the doctor Laid to his charge The Said Complainer thought himself no furder concerned especially the doctor haveing craved and gott allowed to him a new dilligence against wittnesses to the first of Jwny in order to prove the articles of the lybell as he pretended relateing to the said Complainer particularly his alleadged threatening of his tennents and violently dispossessing the said Doctor the said complainer thought himself secure and not concerned to compear untill the tyme that these wittnesses Should be addwced Tertio wheras the doctor now pretends to referr articles to the complainers oath he humbly conceaved that in Law he cannot be obleidged to depone because the said doctor doeth both call and insist against the said Complainer as a pairtie and made electione of his maner of probation by wittnesses And accordingly wittnesses haveing bein adduced by him for proveing of his lybell which does not att all towch him consonant to the constant rwle and practise of all Judicatories he cannot now recurr to the oath of pairtie Conforme to the knowen maxime in Law electio wno medio probandi non recurritur ad aliwd And if otherwayes it might open a door to perjurie Qwarto if the Saids Lords of our Counsell Shall think fitt to obleidge him to depone As the Said Complainer humblie conceaves he cannot be for the reasones foirsaids And others the said Complainer Shall propone at a full heareing the Said Complainer hes fownd Sufficient cawtione to compear for that effect And this warrand being in effect but of the nature of a second dilligence for not compeareing to depone And the said Complainer haveing fownd Cautione as said is to compeare when called and ansuer as Law will The said Complainer owght to be Sett at Libertie and allowed a competent tyme to that effect And anent the charge given to the saids defenders to have compeared personallie befor our saids Lords of privie Counsell at ane certaine Day now bygone to have ansuered to the foirsaid complaint and to have heard and Sein Swch order and course taken theranent As the Saids Lords Should think fitt wnder the paine of rebellione etc As in the principall Letters of Suspensione raised in the said mater at more lenth bears And Sicklyke anent the bill of Suspensione given in to the saids Lords of his majesties privie Counsell be the said John Earle of Broadalbine and be the said William Campbell Shewing That wher in the actione persued be Doctor Alexander Skeen against the petitioners and Severall other persones befor ther Lordships anent the alleadged violent dispossessing him of the Lands of Killinster Reise and others in Caithnes ther Lordships by ther decreit of the twentieth of Febrwary Last Fand that the doctor was in possessione of the Saids Lands and ordained the Shirreff principall of the Shyre of Caithnes and his deputs to reenter the doctor for the possessione therof and discharged any persones whatsoever to molest him therin ay and while the Same be legallie redenned and ordained the tennents and possessors of the wodsett Lands to make payment to the doctor of the maills and Dweties of the Samen Since Mertimes Last and in tyme comeing till the wodsett be legallie redenned and ordained the Shirreff or his deputs to certiorat the tennents that they may pay the rents to the doctor and to non els And gave order and warrand to macers or Messengers to apprehend the said William Campbell wherever he might be apprehended untill he appear befor ther Lordships and answer to the doctors lybell and ordained them to committ him to the next persone untill he be delivered thence by order of ther Lordships for his appeareance in maner foirsaid Wherupon the doctor hes charged or atleast intends to charge and putt the said Decreit to furder executione Most wrongowsely and wnjustlie Considering it is of veritie that the foirsaid Decreit was pronunced against the said Earle in absence and while he was owt of the Countrie And most indirect advantadge was taken against him in bringing that affair that was wholly civill befor ther Lordships as if he had by himself or others in his name Committed a peace of Bangastrie and oppressione against doctor Skein by throwing him brevimanu out of his pretended wodsett and possessione represented to be all his Liveliehood Wheras the trweth he did nothing in that mater but conforme to his wndoubted rights and Dwe order of Law Secundo the foirsaids Letters and Decreit ought be Suspended because the plaine caise is That the deceast Bishup Forbes had indeed a wodsett for about nyntein Thowsand merks upon certain Lands belonging to the Earle of Caithnes but this wodsett was also affected with a backtack and tho through the negligence or Cumbance of the Earle of Caithnes his factors and Chamberlands The Bishup gott into the possessione by uplifting maills and Dweties yet it is most manifest in Law that nether the Bishup nor Doctor Skeen his assigney had any Jwst title to possess or any maner of Legall possessione but a meer precarious intromissione with the rents Since the backtack in favoures of the Earle was a Standing tack wndeclaired so that if he Suceeding to the Earle of Caithnes both in the irredeimable right of the Lands And likewayes in the right of the backtack Did by the Shireff deput recover his possessione and obtaine decreit against the tennents for bygones and in tyme comeing he did nothing bwt what was most Jwst and wswall And that thws the whole mater was caryed is evident be the very Lybell raised befor ther Lordships wherby it is manifest that this affair was not only whollie civill And Such wherin ther Lordships are in wse to Declyne themselvs But Likewayes that it was whollie Jwst and orderly Tertio the charger did indeed alleadge that the Biship entered into the possessione of the wodsett Lands by consent of the Earle of Caithnes And that this consent he had under his hand Which consent is Denyed and noe Such consent either was or can be prodwced And esto ther had bein Swch a consent which was not yet it is evident and acknowledged by the lybell that the petitioner resumed his possessione by due order of Law befor the Shireff deput And that his recovering his possessione upon his undoubted right as heretor and reverser and his Standing right of Backtack by order of a Shireff depwt Should be Judged a ryot to be tryed by ther Lordships wher ther was nether violence or any disorder is a caise whollie wnprecedented But Qwarto the lybell befor ther Lordships did indeed make mentione of the hard names of Dispossessing Concussing and oppressing But primo the very lybell acknowledges that the petitioner assumed his possessione by a decreit in Dwe order of Law Secundo ther could be no dispossessing wher the charger had no legall possessione by a Decreit but a bare and naked intromission with rents De factor without any warrand of Law But Tertio in all the probatione It doeth not appear that soe much as Dispossessing was proven and much Less that any Concussione or oppressione was wsed in the caise And in effect all proven was That the bishup and his assigney Doctor Skein the charger had Sometymes bein in wse to intromett but for any title or possessione or any Shaddow of title they had non But Qwinto that ther Lordships may perceaved what hardshipe the said Earle of Breadalbine hath Suffered by this decreit in absence without any probatione Ther Lordships may be pleased to notice that for all doctor Skeins clamour as if he were greatly wronged in his most Just right yet it is well knowen that the Earle of Caithnes Sustained all the wrong And that the bishup and his assigney are Long Since payed for primo ther was never noe money advanced by the Bishup to the Earle But the trwe grownd of the debt was that the bishup pretending Some Lands the Earle held of him to be in nonentrie wherof the few Dweties came but to a Small Soume And that the Earle Should accept a charter from him and pay him a composition therfor And that the Earle was also Dwe to him the teinds for Severall yeirs by reasone of expyred tacks he prevailled with the Earle to grant him the foirsaid wodsett therfor albeit it be most certaine that the Earles Lands were not in nonentrie But that he had entered by a charter granted by his Majestie in the yeir Jaj vic and Sixtie which Stood good notwithstanding of the restitutione of Bishups and soe stoof in need of no charter from the Bishup nor was ther indeed any charter granted by the Biship albeit a great pairt of the Soume in the wodsett was in Leiw of a compositione for a charter that was not necessarie And tho it were wes never granted As also it hath Since bein discovered that the Earle had Decreits of prorogatione of his tacks of the teinds for many yeirs yet to rwn And yet it was for these pretences that the biship Did elicite the foirsaid right And Secundo As the right was most wnjustlie elicite soe in effect it was Long payed and purged by the bishup and his assigney ther intromissiones who instead of ther annualrent or backtack Dwetie intrometted with no Less then two thousand two hundereth merks yeirly for the Space of Severall yeirs wherby the verie principall Soume, false as it was is long Since Satisfied and extingwished Which reasones of Suspensione being all most relevant It is hoped that ther Lordships will repone the petitioner to his foirsaids defensses And not Suffer him to ly wnder the hardshipe of the foirsaid Decreit in absence soe groundlesslie obtained against him when he was abroad owt of the Countrie as said is And appoint the reasones above represented to be Discust upon the bill And therfore Beseeching ther Lordships that they may have Suspensione in the premisses without cautione or consignatione or that ther Lordships will ordain the foirsaids reasones to be discust Summarly upon the bill As in the said bill of Suspensione at more lenth is contained The Saids Letters of Suspensione being upon the twentie third of Jully instant called in presence of the Lords of his majesties privie Counsell And the Same and Likewayes the said bill of Suspensione with the doctors ansuers to both being read And the Said William Campbell and the Earle of Breadalbine being absent and not compeareing Sir James Stewart his Majesties Advocat Mr Hew Dallrumple and Mr William Calderwood Compareing as Advocats for them both And Doctor Skeen the charger Compeareing personallie with Sir Patrick Home his majesties Sollicitor as Advocat for him And both pairties Lawiers being fullie heard The Lords of privie Cownsell be comended to a comittie of ther own number to call for both pairties and hear and endeavoure to setle and agrie them in the mater and continwed the Same till twesday then next And in the mean tyme Sisted executione at the chargers instance against the said Earle of Breadalbine and William Campbell upon the decreit charged on And the said Committie haveing mett they made a verball report that they have endeavoured to Setle the pairties But cannot agrie them And the saids Lords of privie Cownsell haveing considered the whole mater they turne the Decreit charged upon into a lybell And remitts to the Lords of Counsell and Sessione to discuss the title and right of possessione which is in Debaite betuixt the pairties and of consent of both pairties by ther Lawiers Recomends to the saids Lords to Discuss that point Sumarly without necessitie of abideing the ordinary course of the roll And in the mean tyme Decerns and ordaines the Earle of Breadalbine to make payment to Doctor Skein of the Soume of Four hundereth merks Scotts yeirlie Dureing the Dependance of the process and ay and while the Same be discust and determined Comenceing frae whittsonday Last bypast Beginning the first yeirs payment instantly at the day and Date heirof for this current yeir Jaj vic nyntie six and yeirlie therefter Dureing the dependance of the said proces at the terme of Whittsonday each yeir by way of advance the termes of payment being allwayes first come and bygone And ordaines Letters of horning on fiftein Dayes and wther executorialls needfull to be direct heiron under the Signet of Cowncell and wthers upon the premisses if need beis in forme as effeirs

Att Edinburgh the threttie day of Jullie Jaj vic nyntie six yeirs

D1696/7/361

Decreet

Interloquitor Doctor Skeen against the Earle of Braidalbine and William Campbell

Anent out Soveraigne Lords Letters of Suspensione purchased and raised befor the Lords of his majesties privie Counsell at the instance of William Campbell Shirreff clerk of Caithnes designed in the lybell eftermentioned Chamberland to The Earle of Broadalbine Makeing Mention That wher in the actione intented befor the Lords of our privie Counsell at the instance of Doctor Alexander Skeen Late proveist of the colledge of Standrews Against the said Earle of Breadalbine William Dumbar of Hemprigs James Stewart and the said Complainer alleadged inverting of his pretended possessione of certaine Lands in Caithnes The Said Complainer is incarcerat within the tollbwith of Edinburgh be vertue of a warrand from our saids Lords purchased and procured at the said doctors instance upon most gross and callummows misrepresentationes appointing the said complainer to be secured and comitted to the next prisone untill the said complainer Should compear befor our saids Lords and ansuer to the lybell given in against him at the doctors instance As the lybell ansuers and minwts Which warrand foirsaid ought to be Suspended and the complainer Sett at Libertie for the reasones following Primo Because the said complainer did compear and did make ansuer to the lybell given in against him at the doctors instance As the lybell answers and minwts of proces lying in the clerks of our Counsells hands testified Secundo the said complainer did not only compear and did make ansuer to the lybell given in against him at the doctors instance But likewayes did attend for severall dayes untill the depositiones of the wittnesses adduced by the said Doctor were taken And finding that they did nowayes mulitat against him nor anyway prove what the doctor Laid to his charge The Said Complainer thought himself no furder concerned especially the doctor haveing craved and gott allowed to him a new dilligence against wittnesses to the first of Jwny in order to prove the articles of the lybell as he pretended relateing to the said Complainer particularly his alleadged threatening of his tennents and violently dispossessing the said Doctor the said complainer thought himself secure and not concerned to compear untill the tyme that these wittnesses Should be addwced Tertio wheras the doctor now pretends to referr articles to the complainers oath he humbly conceaved that in Law he cannot be obleidged to depone because the said doctor doeth both call and insist against the said Complainer as a pairtie and made electione of his maner of probation by wittnesses And accordingly wittnesses haveing bein adduced by him for proveing of his lybell which does not att all towch him consonant to the constant rwle and practise of all Judicatories he cannot now recurr to the oath of pairtie Conforme to the knowen maxime in Law electio wno medio probandi non recurritur ad aliwd And if otherwayes it might open a door to perjurie Qwarto if the Saids Lords of our Counsell Shall think fitt to obleidge him to depone As the Said Complainer humblie conceaves he cannot be for the reasones foirsaids And others the said Complainer Shall propone at a full heareing the Said Complainer hes fownd Sufficient cawtione to compear for that effect And this warrand being in effect but of the nature of a second dilligence for not compeareing to depone And the said Complainer haveing fownd Cautione as said is to compeare when called and ansuer as Law will The said Complainer owght to be Sett at Libertie and allowed a competent tyme to that effect And anent the charge given to the saids defenders to have compeared personallie befor our saids Lords of privie Counsell at ane certaine Day now bygone to have ansuered to the foirsaid complaint and to have heard and Sein Swch order and course taken theranent As the Saids Lords Should think fitt wnder the paine of rebellione etc As in the principall Letters of Suspensione raised in the said mater at more lenth bears And Sicklyke anent the bill of Suspensione given in to the saids Lords of his majesties privie Counsell be the said John Earle of Broadalbine and be the said William Campbell Shewing That wher in the actione persued be Doctor Alexander Skeen against the petitioners and Severall other persones befor ther Lordships anent the alleadged violent dispossessing him of the Lands of Killinster Reise and others in Caithnes ther Lordships by ther decreit of the twentieth of Febrwary Last Fand that the doctor was in possessione of the Saids Lands and ordained the Shirreff principall of the Shyre of Caithnes and his deputs to reenter the doctor for the possessione therof and discharged any persones whatsoever to molest him therin ay and while the Same be legallie redenned and ordained the tennents and possessors of the wodsett Lands to make payment to the doctor of the maills and Dweties of the Samen Since Mertimes Last and in tyme comeing till the wodsett be legallie redenned and ordained the Shirreff or his deputs to certiorat the tennents that they may pay the rents to the doctor and to non els And gave order and warrand to macers or Messengers to apprehend the said William Campbell wherever he might be apprehended untill he appear befor ther Lordships and answer to the doctors lybell and ordained them to committ him to the next persone untill he be delivered thence by order of ther Lordships for his appeareance in maner foirsaid Wherupon the doctor hes charged or atleast intends to charge and putt the said Decreit to furder executione Most wrongowsely and wnjustlie Considering it is of veritie that the foirsaid Decreit was pronunced against the said Earle in absence and while he was owt of the Countrie And most indirect advantadge was taken against him in bringing that affair that was wholly civill befor ther Lordships as if he had by himself or others in his name Committed a peace of Bangastrie and oppressione against doctor Skein by throwing him brevimanu out of his pretended wodsett and possessione represented to be all his Liveliehood Wheras the trweth he did nothing in that mater but conforme to his wndoubted rights and Dwe order of Law Secundo the foirsaids Letters and Decreit ought be Suspended because the plaine caise is That the deceast Bishup Forbes had indeed a wodsett for about nyntein Thowsand merks upon certain Lands belonging to the Earle of Caithnes but this wodsett was also affected with a backtack and tho through the negligence or Cumbance of the Earle of Caithnes his factors and Chamberlands The Bishup gott into the possessione by uplifting maills and Dweties yet it is most manifest in Law that nether the Bishup nor Doctor Skeen his assigney had any Jwst title to possess or any maner of Legall possessione but a meer precarious intromissione with the rents Since the backtack in favoures of the Earle was a Standing tack wndeclaired so that if he Suceeding to the Earle of Caithnes both in the irredeimable right of the Lands And likewayes in the right of the backtack Did by the Shireff deput recover his possessione and obtaine decreit against the tennents for bygones and in tyme comeing he did nothing bwt what was most Jwst and wswall And that thws the whole mater was caryed is evident be the very Lybell raised befor ther Lordships wherby it is manifest that this affair was not only whollie civill And Such wherin ther Lordships are in wse to Declyne themselvs But Likewayes that it was whollie Jwst and orderly Tertio the charger did indeed alleadge that the Biship entered into the possessione of the wodsett Lands by consent of the Earle of Caithnes And that this consent he had under his hand Which consent is Denyed and noe Such consent either was or can be prodwced And esto ther had bein Swch a consent which was not yet it is evident and acknowledged by the lybell that the petitioner resumed his possessione by due order of Law befor the Shireff deput And that his recovering his possessione upon his undoubted right as heretor and reverser and his Standing right of Backtack by order of a Shireff depwt Should be Judged a ryot to be tryed by ther Lordships wher ther was nether violence or any disorder is a caise whollie wnprecedented But Qwarto the lybell befor ther Lordships did indeed make mentione of the hard names of Dispossessing Concussing and oppressing But primo the very lybell acknowledges that the petitioner assumed his possessione by a decreit in Dwe order of Law Secundo ther could be no dispossessing wher the charger had no legall possessione by a Decreit but a bare and naked intromission with rents De factor without any warrand of Law But Tertio in all the probatione It doeth not appear that soe much as Dispossessing was proven and much Less that any Concussione or oppressione was wsed in the caise And in effect all proven was That the bishup and his assigney Doctor Skein the charger had Sometymes bein in wse to intromett but for any title or possessione or any Shaddow of title they had non But Qwinto that ther Lordships may perceaved what hardshipe the said Earle of Breadalbine hath Suffered by this decreit in absence without any probatione Ther Lordships may be pleased to notice that for all doctor Skeins clamour as if he were greatly wronged in his most Just right yet it is well knowen that the Earle of Caithnes Sustained all the wrong And that the bishup and his assigney are Long Since payed for primo ther was never noe money advanced by the Bishup to the Earle But the trwe grownd of the debt was that the bishup pretending Some Lands the Earle held of him to be in nonentrie wherof the few Dweties came but to a Small Soume And that the Earle Should accept a charter from him and pay him a composition therfor And that the Earle was also Dwe to him the teinds for Severall yeirs by reasone of expyred tacks he prevailled with the Earle to grant him the foirsaid wodsett therfor albeit it be most certaine that the Earles Lands were not in nonentrie But that he had entered by a charter granted by his Majestie in the yeir Jaj vic and Sixtie which Stood good notwithstanding of the restitutione of Bishups and soe stoof in need of no charter from the Bishup nor was ther indeed any charter granted by the Biship albeit a great pairt of the Soume in the wodsett was in Leiw of a compositione for a charter that was not necessarie And tho it were wes never granted As also it hath Since bein discovered that the Earle had Decreits of prorogatione of his tacks of the teinds for many yeirs yet to rwn And yet it was for these pretences that the biship Did elicite the foirsaid right And Secundo As the right was most wnjustlie elicite soe in effect it was Long payed and purged by the bishup and his assigney ther intromissiones who instead of ther annualrent or backtack Dwetie intrometted with no Less then two thousand two hundereth merks yeirly for the Space of Severall yeirs wherby the verie principall Soume, false as it was is long Since Satisfied and extingwished Which reasones of Suspensione being all most relevant It is hoped that ther Lordships will repone the petitioner to his foirsaids defensses And not Suffer him to ly wnder the hardshipe of the foirsaid Decreit in absence soe groundlesslie obtained against him when he was abroad owt of the Countrie as said is And appoint the reasones above represented to be Discust upon the bill And therfore Beseeching ther Lordships that they may have Suspensione in the premisses without cautione or consignatione or that ther Lordships will ordain the foirsaids reasones to be discust Summarly upon the bill As in the said bill of Suspensione at more lenth is contained The Saids Letters of Suspensione being upon the twentie third of Jully instant called in presence of the Lords of his majesties privie Counsell And the Same and Likewayes the said bill of Suspensione with the doctors ansuers to both being read And the Said William Campbell and the Earle of Breadalbine being absent and not compeareing Sir James Stewart his Majesties Advocat Mr Hew Dallrumple and Mr William Calderwood Compareing as Advocats for them both And Doctor Skeen the charger Compeareing personallie with Sir Patrick Home his majesties Sollicitor as Advocat for him And both pairties Lawiers being fullie heard The Lords of privie Cownsell be comended to a comittie of ther own number to call for both pairties and hear and endeavoure to setle and agrie them in the mater and continwed the Same till twesday then next And in the mean tyme Sisted executione at the chargers instance against the said Earle of Breadalbine and William Campbell upon the decreit charged on And the said Committie haveing mett they made a verball report that they have endeavoured to Setle the pairties But cannot agrie them And the saids Lords of privie Cownsell haveing considered the whole mater they turne the Decreit charged upon into a lybell And remitts to the Lords of Counsell and Sessione to discuss the title and right of possessione which is in Debaite betuixt the pairties and of consent of both pairties by ther Lawiers Recomends to the saids Lords to Discuss that point Sumarly without necessitie of abideing the ordinary course of the roll And in the mean tyme Decerns and ordaines the Earle of Breadalbine to make payment to Doctor Skein of the Soume of Four hundereth merks Scotts yeirlie Dureing the Dependance of the process and ay and while the Same be discust and determined Comenceing frae whittsonday Last bypast Beginning the first yeirs payment instantly at the day and Date heirof for this current yeir Jaj vic nyntie six and yeirlie therefter Dureing the dependance of the said proces at the terme of Whittsonday each yeir by way of advance the termes of payment being allwayes first come and bygone And ordaines Letters of horning on fiftein Dayes and wther executorialls needfull to be direct heiron under the Signet of Cowncell and wthers upon the premisses if need beis in forme as effeirs

1. NRS, PC2/26, 240v-245v.

1. NRS, PC2/26, 240v-245v.

Procedure: report, 30 July 1696, Edinburgh

Posted on by

Att Edinburgh the threttie day of Jullie Jaj vic nyntie six yeirs

D1696/7/351

Procedure: report

Additione to Comittie and remit Countess of Weemes and Adair and Slezer

Report anent the Countess of Weeymes petitione complaneing of the act For Twnage in favors of Mr Adair And Captain Slezer with a petitione be Mr Adair and another be Captain Slezer being all red the Counsell adheres to ther former interloqwitor of the day of Jullie instant and addes the Dwke of Qweensberry the Earles of Argyll Lauderdale and Lothian and Leven Lord John Hamiltowne and the Lord Secretarie Ogilvie to the former Comittie alreadie appointed in this mater And recomends to the Comittie to consider both petitiones and consider both Mr Slezer and Mr Adair ther procedures made in ther respective works And to consider what the expensses of each works will amount to and how much is payed and2 how much resting to each of the Saids two persones And how much is collected by vertue of the act of parliament in ther favors And recomends to the Comittie as to meet on Munday next at four in the efternoon and declaires any thrie of the above Comittie to be a Sufficient qworum And appoints Mr Adair and Captain Slazer to attend the Comittie

Att Edinburgh the threttie day of Jullie Jaj vic nyntie six yeirs

D1696/7/351

Procedure: report

Additione to Comittie and remit Countess of Weemes and Adair and Slezer

Report anent the Countess of Weeymes petitione complaneing of the act For Twnage in favors of Mr Adair And Captain Slezer with a petitione be Mr Adair and another be Captain Slezer being all red the Counsell adheres to ther former interloqwitor of the day of Jullie instant and addes the Dwke of Qweensberry the Earles of Argyll Lauderdale and Lothian and Leven Lord John Hamiltowne and the Lord Secretarie Ogilvie to the former Comittie alreadie appointed in this mater And recomends to the Comittie to consider both petitiones and consider both Mr Slezer and Mr Adair ther procedures made in ther respective works And to consider what the expensses of each works will amount to and how much is payed and2 how much resting to each of the Saids two persones And how much is collected by vertue of the act of parliament in ther favors And recomends to the Comittie as to meet on Munday next at four in the efternoon and declaires any thrie of the above Comittie to be a Sufficient qworum And appoints Mr Adair and Captain Slazer to attend the Comittie

1. NRS, PC2/26, 240r-240v.

2. The word ‘of’ scored out here.

1. NRS, PC2/26, 240r-240v.

2. The word ‘of’ scored out here.

Sederunt, 30 July 1696, Edinburgh

Posted on by

Att Edinburgh the threttie day of Jullie Jaj vic nyntie six yeirs1

D1696/7/342

Sederunt

Lord Chancellor; Duke of Qweensberry; Earl of Argyll; Earl of Morton; Earl of Lauderdale; Earl of Lothian; Earl of Leven; Lord John Hamilton; Lord Ruthven; Sir James Ogilvie; Lord Advocat; Lord Philliphaugh; Laird of Pollock; Laird of Cessnock

Att Edinburgh the threttie day of Jullie Jaj vic nyntie six yeirs1

D1696/7/342

Sederunt

Lord Chancellor; Duke of Qweensberry; Earl of Argyll; Earl of Morton; Earl of Lauderdale; Earl of Lothian; Earl of Leven; Lord John Hamilton; Lord Ruthven; Sir James Ogilvie; Lord Advocat; Lord Philliphaugh; Laird of Pollock; Laird of Cessnock

1. NRS, PC2/26, 240r.

2. NRS, PC2/26, 240r.

1. NRS, PC2/26, 240r.

2. NRS, PC2/26, 240r.