Warrant, 23 July 1695, Edinburgh

Edinburgh Tuesday The 23d Jully 1695 ante meridiem

D1695/7/91

Warrant

[Horses from Ireland]

The Lords of his Majesties privy Councill Doe heirby give Liberty and Warrand to Mr William Hamilton […] To Transport thrie Irish horses from Ireland to Scotland and that Notwithstanding that such horsses are prohibited to be transported from that kingdome to this.

Edinburgh Tuesday The 23d Jully 1695 ante meridiem

D1695/7/91

Warrant

[Horses from Ireland]

The Lords of his Majesties privy Councill Doe heirby give Liberty and Warrand to Mr William Hamilton […] To Transport thrie Irish horses from Ireland to Scotland and that Notwithstanding that such horsses are prohibited to be transported from that kingdome to this.

1. NRS, PC2/25, 261v.

1. NRS, PC2/25, 261v.

Procedure: committee formed, 23 July 1695, Edinburgh

Edinburgh Tuesday The 23d Jully 1695 ante meridiem

D1695/7/81

Procedure: committee formed

Comittie anent accompts

Committie anent accompts; any two of the privy Councill appointed to be a Comittie for reviseing the accompts resting be his majesties forces to the Countrey as formerly.

Edinburgh Tuesday The 23d Jully 1695 ante meridiem

D1695/7/81

Procedure: committee formed

Comittie anent accompts

Committie anent accompts; any two of the privy Councill appointed to be a Comittie for reviseing the accompts resting be his majesties forces to the Countrey as formerly.

1. NRS, PC2/25, 261r.

1. NRS, PC2/25, 261r.

Act, 23 July 1695, Edinburgh

Edinburgh Tuesday The 23d Jully 1695 ante meridiem

D1695/7/71

Act

Act Charles Chalmers for printing a book

The Lords of his Majesties privy Councill having Considered a petition given in to them be Charles Chalmers writter in Edinburgh Shewing That the Viscount of Tarbat Lord Register having from the Authentick Records of the kingdoms writ a vindication of Robert the thrid King of Scotland from the Imputation of Bastardy etc: And given the benefite of printing the same to the petitioner Which the petitioner has Caused doe well, but at a Considerable expences And Therfore Humbly Craving to the effect underwritten as the said petition bears The saids Lords of his majesties privy Councill Doe heirby Discharge any to print the said book. within this kingdome or to Import or vent the same for the space of Twentie one years after the date heirof without the petitioners Licence under the penalty of Confiscating the books so printed Imported or vended to the petitioners and behoove.

Edinburgh Tuesday The 23d Jully 1695 ante meridiem

D1695/7/71

Act

Act Charles Chalmers for printing a book

The Lords of his Majesties privy Councill having Considered a petition given in to them be Charles Chalmers writter in Edinburgh Shewing That the Viscount of Tarbat Lord Register having from the Authentick Records of the kingdoms writ a vindication of Robert the thrid King of Scotland from the Imputation of Bastardy etc: And given the benefite of printing the same to the petitioner Which the petitioner has Caused doe well, but at a Considerable expences And Therfore Humbly Craving to the effect underwritten as the said petition bears The saids Lords of his majesties privy Councill Doe heirby Discharge any to print the said book. within this kingdome or to Import or vent the same for the space of Twentie one years after the date heirof without the petitioners Licence under the penalty of Confiscating the books so printed Imported or vended to the petitioners and behoove.

1. NRS, PC2/25, 261r.

1. NRS, PC2/25, 261r.

Sederunt, 23 July 1695, Edinburgh

Edinburgh Tuesday The 23d Jully 1695 ante meridiem1

D1695/7/62

Sederunt

3 Marquis of Twedale Chancelor; Earl of Melvill p: Seall; Duke of Queensberry; Earl of Argyll; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Leven; Earl of Forfar; Earl of Kintoir; Lord Yester; Viscount Tarbat; Lord Raith T:d:; Lord Carmicheall; Lord Polwarth; Mr Johnston secret:; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Enstruther; Laird of Grant; Laird of Blackbarony; Sir George Campbell; The provest of Edinburgh

Edinburgh Tuesday The 23d Jully 1695 ante meridiem1

D1695/7/62

Sederunt

3 Marquis of Twedale Chancelor; Earl of Melvill p: Seall; Duke of Queensberry; Earl of Argyll; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Leven; Earl of Forfar; Earl of Kintoir; Lord Yester; Viscount Tarbat; Lord Raith T:d:; Lord Carmicheall; Lord Polwarth; Mr Johnston secret:; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Enstruther; Laird of Grant; Laird of Blackbarony; Sir George Campbell; The provest of Edinburgh

1. NRS, PC2/25, 261r.

2. NRS, PC2/25, 261r.

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

1. NRS, PC2/25, 261r.

2. NRS, PC2/25, 261r.

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

Act, 12 July 1695, Edinburgh

Edinburgh Frayday the 12th Jully 1695 Called Extraordinary

D1695/7/51

Act

Act Margaret Scot relict of George Grahame

Anent the petition given in to2 His majesties high Commissioner and Lords of privy Councill be Margret Scot relict of the deceast George Graham in Hagtoune lately murdered Shewing That quher the petitioners deceast husband haveing been Imployed for uplifting and ingathering his majesties customes upon the borders and haveing likewayes been a Constable on the English side fell under the malice and deadly hatred of one John Lenox for Watching over and preventing his studied Impazelling of his Majesties Customes, and Likewayes for discovering of great evidences and presumptiones that he and his accomplices hade Committed a robbery upon John Hay Collector at Alisonbank by breaking open his house, And Carieing away what of his majesties duty was ther in Cash and likewayes severall goods and geir and gold and money belonging to the said John Hay himself in resentment and reveing of this Faithfullnes and dutie in the petitioners husband the said John Lenox did assault and attacque the petitioners husband upon the high way in the night time and having watched and way laid him for that effect he therwith assistance of Robert Lenox his brother stobed him severall times throw the body with a small sword and left him dead upon the spott which being found a murder by the Corroners Jure the petitioner and her freinds used all dilligence for discovering of and seazing of the murderer and at last John Lenox being made out to be the man upon the examination of his father brother and sister and severall other persones Living upon the scots side of the border hefted to Ireland for the amen wher being pursued and Discovered by the petitioner and her freinds he was seized upon in that kingdome and transported from thence to the Goall of Carlyll wher he now Lyes prisoner Conforme to ane order and warrand from the Lords Justices and Generall governors of Ireland and ane Certificat under the hand of the Mayor and Recorder of Carlyll both therwith produced and the said John Lennox being to be tryed upon his life for the said murder before his Majesties Justices of Generall Goall delyverie for the County of Cumberland in the being of august nixt and the probatione and witnesses necessar for Convicting him of the said murder Liveing within Scotland the petitioner can nowayes either prevaill with no Compell them to goe to Carlyll to give evidence in the said matter before the Justices of the said tryall unles ther Lordships Grant speciall order and Warrand to Compell them therto, and it being the ordinary practise in the like casses and ane office of Humanity and necessary for the good Corrospondance betwixt the kingdomes both asweell a duty for purging the land from Innocent blood that all incouragment and assistance should be given to furnish and assist the petitioner with the necessary probation for Convicting a persone 3 guilty of so attrocious and hyneous a murder Especially of a persone who Lost his life of his faithfullness and dilligence in serving his Majestie And Therfore Humbly Supplicating the saids Lords to the effect after mentioned His Majesties high Commissioner and the Lords of privy Councill haveing Considered this petition given in to them be the above Margret Scot relict of the deceast George Grahame in Hagtoune with a Certificat under the hand of the mayor and Recorder of Carlyll mentioned in and produced with the said petition They heirby Recomend to the Earle of Annandale Stewart principall of the Stewartrie of Annandale and Gives order and Warrand to his Lordships deputs in the said office and Mr Duncan McCarter baillie of the regality of Lidsdale to seize upon and apprehend Robert Lenox brother to the said John Knox4, Agnes Irvine Spouse to the said John Lenox […] Crighton mother to the said John Lennox John Irvine ther sone, Francis Irvine in Todholls and Jean Foradge his spouse George Irvine in Barrastaks and Elspeth Johnston his spouse George Mcburnie in Redkirkmilne and Margrat Caruthers his Spouse Jean Johnstone relict of John Bruce ther and […] and Thomas Bruces her two Sones John Crichton at Gratney Church and Elspeth Dicksone his spouse William Beattie in Logan-house and […] his Spouse John Beattie in Smelloms and Blench Lennox his spouse William Beattie in Dickside and Jean Lenox his spouse Francis Crichton in Quintonhills Edward Hackeness in Skaills George Neillsone ther Robert Edgar in Eliotstoune and […] Robert Ridock in Mylneflatt, Patrick Currie in Sauchbridge and Elspeth Johnston his spouse James Johnstone in Reidkirk John Johnstones elder and younger ther James Glendining in Headlescross, Halbert Irvine in Todholls and […] Irvine his Spouse George Farish betwixt the watters Thomas Rae in Dykestoune Mary Riddick in Mylneflatt, Alexander Litle in Midlby Mary Lennox daughter to Robert Lenox elder and sister to the Murderer Liveing within the said Stewartrie who are all necessary witnesses for proiving the said John Lenox Comitted the said Murder, With such others as shall be particularly Condescended on to them be the petitioner and Likewayes all such as shall be found necessary by the examination of the persones forsaids named in the petitione Liveing within ther respective Jurisdictiones and either to detaine them in Custody upon the petitioners expences untill they be Caried to the above Goall delyvery and give evidence in the above process or otherwayes untill they give bond and good Caution under suficient penalties to appear before the Justices of the said Goall delyverie in August nixt upon the petitioners oun expences and give evidence in the above matter according as they shall be asked and speired at, And the saids Lords Doe heirby Ordaine Sir Patrick Maxwell of Sprinkell (who as one of the later border Commissioners and is barron and master of the roome wher the Murderer dwelt made some inquirie in the said matter to delyver up to the petitioners any examination taken be him heretofore in the said matter.

Edinburgh Frayday the 12th Jully 1695 Called Extraordinary

D1695/7/51

Act

Act Margaret Scot relict of George Grahame

Anent the petition given in to2 His majesties high Commissioner and Lords of privy Councill be Margret Scot relict of the deceast George Graham in Hagtoune lately murdered Shewing That quher the petitioners deceast husband haveing been Imployed for uplifting and ingathering his majesties customes upon the borders and haveing likewayes been a Constable on the English side fell under the malice and deadly hatred of one John Lenox for Watching over and preventing his studied Impazelling of his Majesties Customes, and Likewayes for discovering of great evidences and presumptiones that he and his accomplices hade Committed a robbery upon John Hay Collector at Alisonbank by breaking open his house, And Carieing away what of his majesties duty was ther in Cash and likewayes severall goods and geir and gold and money belonging to the said John Hay himself in resentment and reveing of this Faithfullnes and dutie in the petitioners husband the said John Lenox did assault and attacque the petitioners husband upon the high way in the night time and having watched and way laid him for that effect he therwith assistance of Robert Lenox his brother stobed him severall times throw the body with a small sword and left him dead upon the spott which being found a murder by the Corroners Jure the petitioner and her freinds used all dilligence for discovering of and seazing of the murderer and at last John Lenox being made out to be the man upon the examination of his father brother and sister and severall other persones Living upon the scots side of the border hefted to Ireland for the amen wher being pursued and Discovered by the petitioner and her freinds he was seized upon in that kingdome and transported from thence to the Goall of Carlyll wher he now Lyes prisoner Conforme to ane order and warrand from the Lords Justices and Generall governors of Ireland and ane Certificat under the hand of the Mayor and Recorder of Carlyll both therwith produced and the said John Lennox being to be tryed upon his life for the said murder before his Majesties Justices of Generall Goall delyverie for the County of Cumberland in the being of august nixt and the probatione and witnesses necessar for Convicting him of the said murder Liveing within Scotland the petitioner can nowayes either prevaill with no Compell them to goe to Carlyll to give evidence in the said matter before the Justices of the said tryall unles ther Lordships Grant speciall order and Warrand to Compell them therto, and it being the ordinary practise in the like casses and ane office of Humanity and necessary for the good Corrospondance betwixt the kingdomes both asweell a duty for purging the land from Innocent blood that all incouragment and assistance should be given to furnish and assist the petitioner with the necessary probation for Convicting a persone 3 guilty of so attrocious and hyneous a murder Especially of a persone who Lost his life of his faithfullness and dilligence in serving his Majestie And Therfore Humbly Supplicating the saids Lords to the effect after mentioned His Majesties high Commissioner and the Lords of privy Councill haveing Considered this petition given in to them be the above Margret Scot relict of the deceast George Grahame in Hagtoune with a Certificat under the hand of the mayor and Recorder of Carlyll mentioned in and produced with the said petition They heirby Recomend to the Earle of Annandale Stewart principall of the Stewartrie of Annandale and Gives order and Warrand to his Lordships deputs in the said office and Mr Duncan McCarter baillie of the regality of Lidsdale to seize upon and apprehend Robert Lenox brother to the said John Knox4, Agnes Irvine Spouse to the said John Lenox […] Crighton mother to the said John Lennox John Irvine ther sone, Francis Irvine in Todholls and Jean Foradge his spouse George Irvine in Barrastaks and Elspeth Johnston his spouse George Mcburnie in Redkirkmilne and Margrat Caruthers his Spouse Jean Johnstone relict of John Bruce ther and […] and Thomas Bruces her two Sones John Crichton at Gratney Church and Elspeth Dicksone his spouse William Beattie in Logan-house and […] his Spouse John Beattie in Smelloms and Blench Lennox his spouse William Beattie in Dickside and Jean Lenox his spouse Francis Crichton in Quintonhills Edward Hackeness in Skaills George Neillsone ther Robert Edgar in Eliotstoune and […] Robert Ridock in Mylneflatt, Patrick Currie in Sauchbridge and Elspeth Johnston his spouse James Johnstone in Reidkirk John Johnstones elder and younger ther James Glendining in Headlescross, Halbert Irvine in Todholls and […] Irvine his Spouse George Farish betwixt the watters Thomas Rae in Dykestoune Mary Riddick in Mylneflatt, Alexander Litle in Midlby Mary Lennox daughter to Robert Lenox elder and sister to the Murderer Liveing within the said Stewartrie who are all necessary witnesses for proiving the said John Lenox Comitted the said Murder, With such others as shall be particularly Condescended on to them be the petitioner and Likewayes all such as shall be found necessary by the examination of the persones forsaids named in the petitione Liveing within ther respective Jurisdictiones and either to detaine them in Custody upon the petitioners expences untill they be Caried to the above Goall delyvery and give evidence in the above process or otherwayes untill they give bond and good Caution under suficient penalties to appear before the Justices of the said Goall delyverie in August nixt upon the petitioners oun expences and give evidence in the above matter according as they shall be asked and speired at, And the saids Lords Doe heirby Ordaine Sir Patrick Maxwell of Sprinkell (who as one of the later border Commissioners and is barron and master of the roome wher the Murderer dwelt made some inquirie in the said matter to delyver up to the petitioners any examination taken be him heretofore in the said matter.

1. NRS, PC2/25, 259r-261r.

2. The word ‘their’ scored out here.

3. The word ‘so’ scored out here.

4. Sic.

1. NRS, PC2/25, 259r-261r.

2. The word ‘their’ scored out here.

3. The word ‘so’ scored out here.

4. Sic.

Sederunt, 12 July 1695, Edinburgh

Edinburgh Frayday the 12th Jully 1695 Called Extraordinary1

D1695/7/42

Sederunt

Earl of Anandale pres; Earl of Southerland; Earl of Cassills; Earl of Lothian; Earl of Leven; Earl of Kintoir; Viscount Tarbat; Mr Johnston secret:; Lord Advocat; Lord Justice Clerk; Laird of Blackbarony; Sir Thomas Livingstone; The provest of Edinburgh

Edinburgh Frayday the 12th Jully 1695 Called Extraordinary1

D1695/7/42

Sederunt

Earl of Anandale pres; Earl of Southerland; Earl of Cassills; Earl of Lothian; Earl of Leven; Earl of Kintoir; Viscount Tarbat; Mr Johnston secret:; Lord Advocat; Lord Justice Clerk; Laird of Blackbarony; Sir Thomas Livingstone; The provest of Edinburgh

1. NRS, PC2/25, 259r.

2. NRS, PC2/25, 259r.

1. NRS, PC2/25, 259r.

2. NRS, PC2/25, 259r.

Decreet, 9 July 1695, Edinburgh

Edinburgh The Nynth Jully 1695

D1695/7/31

Decreet

Decreet William Bell Against The Toune of Linlithgow

Anent the bill of suspensione given in and presented to his majesties Commissioner and Lords of privy Councill be Robert Turnbull of Gormyre provest of Linlithgow Jerimiah Hunter William Inglis Robert Androw and Robert Haggens baillies Adam Buckney dean of gild and John Wauch thesaurer of the said burgh of Linlithgow for themselves and as representing the remanent members and toune Councill of the said burgh Shewing That William Bell lately Clerk of the said burgh has raised letters of horning and therwith Caused Charge the petitioners to repon him to his office of Clerkship Conforme to ane pretended act alledged pronunced by their Lordships upon the day of June Last within ane Certaine short space nixt after the Charge under the paine of rebellion who for the petitioners ther alledged Disobedience intends as they are informed to Cause denunce them rebells and put them to the horne most wrongiously and unjustly Considering it is of verity that wher their Lordships ordained betwixt the petitioners and their Clerk was only declaratory Viz That he should resume his possession rather then decerning and ordaineing him to be reponed In so farr as it is knowen that he was no otherwayes Deprived but by the removeing of him from his office against which sentance of Deprivatione The Lords did simplie repone him Since it does nowayes depend upon them But plainly their Lordships act ordaineing him to be reponed takes of the effect of his deprivatione and seing no man debarrs him he may returne to his office when he pleased Secundo It is wholly unacountable why the said William Bell should Charge them to repon him Seing It is without questione that upon ther Lordships reponeing him he is defacto reponed and may both give sasines and take in bonds to be registrat at his pleasure which are his proper and principall work but for him to pretend that the Toune Councill should either repone him by a former act, or that they should meett in Councill or Judicatorie for that only effect, That he may sitt ther as Clerk and returne to the exerceiss of his office, They haveing no bussiness for him is absurd Tertio the true meaning and effect of ther Lordships Decreet Reponeing the Charger was to keep him in his former possessione untill the point of right should be discussed But ita est that the petitioners doe hold him to be in possession as formerly and doe not Cross him in any part of the exercise of his office except that they doe not meet of purpose for his sake when the petitioners have nothing to doe with2 him and for a Clerk and servant to pretend to this arrogancie is plainely to abuse ther Lordships authoritie and to Tyranize over his majesties Quarto the case is plaine even to their Lordships, that the Charger was deprived for most relevant Causes viz his neglect of the register and his betraying of the Gildries trust both which their Lordships was Convinced of and did only stick as this point viz hat he was sumarly dispossesed upon to short a warning, And Therfore They Reponed him only till the moneth of Jully nixt That the matter might be discussed by the sessione, By which it is evident that the petitioners not oppossing the Chargers decreet was all the performance that the petitioner either Could give or could rationally be exacted from them But Quinto this Cause comes to be Discussed in Jully nixt It will plainely appear that ther Clerk has not only abused the petitioners in the grossest maner But for to decyde the reasones of his former deprivatione he hath Comited severall others which the petitioners are ready to eik and for which he deserves to be deprived and In Respect quherof the saids Lords are humbly intreated to remember and Consider the case And Seing all that was intended by ther Lordships act was that the Clerk should be reponed with a Simple non repugnantio and the questione of right left to the sessione That therfore ther Lordships would sustaine their acquiesence for performance and suspend the forsaid malicious Charge for reponeing Which will prove superfluous ay and whill the matter be fully and freely determined and nevertheless for obedience to the Charge the petitioners still instantly find Caution acted in ther Lordships books for reponeing the Charger to his place and office incace it shall be found by their Lordships that the petitioner ought so to doe, And Therfore the forsaid Charge and letters and haill effect and executione therof and proces of horning Contained therin Ought and should be suspended simplicitor upon the petitioners in time Comeing And Therfore humbly Craveing the saids Lords would grant warrand to cite the said William Bell To Compeir before ther Lordships Bringing with him the forsaid act or decreet and letters raised therupon To have been seen and Considered by ther Lordships and to have heard and seen the samen haill effect and executione therof and proces of horning Contained therin suspended simpliciter upon the petitioners Contained in time comeing for the reasones and Causses abovewritten and others as the said bill of suspension more fully proports His Majesties high Commissioner and Lords of privy Councill having Considered the above bill of suspensione at the instance of the provest baillies and Toune Councill of Linlithgow against William Bell ther Clerk with the answers made therto for the Charger They heirby Refuse the bill and reasones of suspensione and Finds the letters orderly proceided And Ordaines the saids3 provest baillies and remanent toune Councill of Linlithgow To Call and meett in their toune Councill, and to Repon and receive the said William Bell to his said office of Toune Clerk againe alse fully and formally as they did put him from the same And Discharges any other person to exerce the said office untill the Chargers right be determined before the Lords of sessione.

Edinburgh The Nynth Jully 1695

D1695/7/31

Decreet

Decreet William Bell Against The Toune of Linlithgow

Anent the bill of suspensione given in and presented to his majesties Commissioner and Lords of privy Councill be Robert Turnbull of Gormyre provest of Linlithgow Jerimiah Hunter William Inglis Robert Androw and Robert Haggens baillies Adam Buckney dean of gild and John Wauch thesaurer of the said burgh of Linlithgow for themselves and as representing the remanent members and toune Councill of the said burgh Shewing That William Bell lately Clerk of the said burgh has raised letters of horning and therwith Caused Charge the petitioners to repon him to his office of Clerkship Conforme to ane pretended act alledged pronunced by their Lordships upon the day of June Last within ane Certaine short space nixt after the Charge under the paine of rebellion who for the petitioners ther alledged Disobedience intends as they are informed to Cause denunce them rebells and put them to the horne most wrongiously and unjustly Considering it is of verity that wher their Lordships ordained betwixt the petitioners and their Clerk was only declaratory Viz That he should resume his possession rather then decerning and ordaineing him to be reponed In so farr as it is knowen that he was no otherwayes Deprived but by the removeing of him from his office against which sentance of Deprivatione The Lords did simplie repone him Since it does nowayes depend upon them But plainly their Lordships act ordaineing him to be reponed takes of the effect of his deprivatione and seing no man debarrs him he may returne to his office when he pleased Secundo It is wholly unacountable why the said William Bell should Charge them to repon him Seing It is without questione that upon ther Lordships reponeing him he is defacto reponed and may both give sasines and take in bonds to be registrat at his pleasure which are his proper and principall work but for him to pretend that the Toune Councill should either repone him by a former act, or that they should meett in Councill or Judicatorie for that only effect, That he may sitt ther as Clerk and returne to the exerceiss of his office, They haveing no bussiness for him is absurd Tertio the true meaning and effect of ther Lordships Decreet Reponeing the Charger was to keep him in his former possessione untill the point of right should be discussed But ita est that the petitioners doe hold him to be in possession as formerly and doe not Cross him in any part of the exercise of his office except that they doe not meet of purpose for his sake when the petitioners have nothing to doe with2 him and for a Clerk and servant to pretend to this arrogancie is plainely to abuse ther Lordships authoritie and to Tyranize over his majesties Quarto the case is plaine even to their Lordships, that the Charger was deprived for most relevant Causes viz his neglect of the register and his betraying of the Gildries trust both which their Lordships was Convinced of and did only stick as this point viz hat he was sumarly dispossesed upon to short a warning, And Therfore They Reponed him only till the moneth of Jully nixt That the matter might be discussed by the sessione, By which it is evident that the petitioners not oppossing the Chargers decreet was all the performance that the petitioner either Could give or could rationally be exacted from them But Quinto this Cause comes to be Discussed in Jully nixt It will plainely appear that ther Clerk has not only abused the petitioners in the grossest maner But for to decyde the reasones of his former deprivatione he hath Comited severall others which the petitioners are ready to eik and for which he deserves to be deprived and In Respect quherof the saids Lords are humbly intreated to remember and Consider the case And Seing all that was intended by ther Lordships act was that the Clerk should be reponed with a Simple non repugnantio and the questione of right left to the sessione That therfore ther Lordships would sustaine their acquiesence for performance and suspend the forsaid malicious Charge for reponeing Which will prove superfluous ay and whill the matter be fully and freely determined and nevertheless for obedience to the Charge the petitioners still instantly find Caution acted in ther Lordships books for reponeing the Charger to his place and office incace it shall be found by their Lordships that the petitioner ought so to doe, And Therfore the forsaid Charge and letters and haill effect and executione therof and proces of horning Contained therin Ought and should be suspended simplicitor upon the petitioners in time Comeing And Therfore humbly Craveing the saids Lords would grant warrand to cite the said William Bell To Compeir before ther Lordships Bringing with him the forsaid act or decreet and letters raised therupon To have been seen and Considered by ther Lordships and to have heard and seen the samen haill effect and executione therof and proces of horning Contained therin suspended simpliciter upon the petitioners Contained in time comeing for the reasones and Causses abovewritten and others as the said bill of suspension more fully proports His Majesties high Commissioner and Lords of privy Councill having Considered the above bill of suspensione at the instance of the provest baillies and Toune Councill of Linlithgow against William Bell ther Clerk with the answers made therto for the Charger They heirby Refuse the bill and reasones of suspensione and Finds the letters orderly proceided And Ordaines the saids3 provest baillies and remanent toune Councill of Linlithgow To Call and meett in their toune Councill, and to Repon and receive the said William Bell to his said office of Toune Clerk againe alse fully and formally as they did put him from the same And Discharges any other person to exerce the said office untill the Chargers right be determined before the Lords of sessione.

1. NRS, PC2/25, 257v-259r.

2. The word ‘them’ scored out here.

3. Insertion.

1. NRS, PC2/25, 257v-259r.

2. The word ‘them’ scored out here.

3. Insertion.

Act, 9 July 1695, Edinburgh

Edinburgh The Nynth Jully 1695

D1695/7/21

Act

Act Arkindlass contra Drumfynie

Anent the petition given in to his majesties high Commissioner and Lords of privy Councill be Sir Collin and James Campbells elder and younger of Ardkindless Shewing That wheras Robert Campbell late of Drumfynie haveing given in a petitione to their Lordships makeing mention that Duncan Campbell his elder brother haveing about twentie years since granted a bond for twelue thousand punds to […] Freeland his brother in Law in trust to the effect that he might lead ane appryssing of the Lands to the said Duncan Campbell his behoove and that after the said Duncan Campbell and […] Freelands decease, Archibald Freeland his sone hade induced the said Robert Campbell to give him a dispositione Corrobrative of the appryssing, upon pretence that it wes done for Compleating of the right, and when it was Compleated he would give a retrocessione or back bond, and that yet notwithstanding Contrair to the trust he disponed the lands to Auchinbreck and went out of the Countrey, and Auchinbreck enters to the possessione by force, By which he was reduced to great misserie, and he haveing againe caused apply to Auchinbreck that he might be reponed to his estate, and that Auchinbreck wrott a letter to the Earle of Brodalbine in october Jaj vjc nyntie Declairing that he did not Covet the bargaine But would freely quyt it without Loss, and that notwithstanding of his promisses and letters in the said Robert Campbells favors, Auchinbreck Dispones his right to the Lairds of Arkindless elder and younger who Likewyes prevailled with Mr Sprewell to give him a right to Auchinbrecks bond of Six thousand merks that he hade given to Freeland when he obtained from him the right, And was Like2 to be defrauded of his estate by meer Circumventione Which was worth above Fourtie thousand merks, and that he was to prosecute a discovery therof by all the members methods that the Law allowes and in the mean time for his subsistance in carieing on of the process he Craved that ther Lordships would allow him ane aliement, and ordaine the tennents to pay the same, And Auchinbreck Arkindlass elder and younger being ordained to see and answer the said petition, But they not being present in toune ther procurators gave in only ane generall defence that they would not be oblidged to answer unless they hade been Lawfullie cited upon which ther Lordships did grant the said Robert Campbell ane aliement of fyve hundred merks and Decerned Arkindless elder and the tennents to make payment of the same at this terme of Whitsunday as to which the petitioner humbly represent that the matter of fact mentioned in the said petition as to the pretended trust and Circumventione and many other particulars Is absolutly false and Calumnious the matter being truely Thus That Duncan Campbell of Drumfynie haveing granted bond to Archibald Freeland The said […] Freelands sone for the soume of Twelue Thousand pund, The said Robert Campbell after his brothers decease grants a bond of Corroboration to Archibald Freeland upon which he Leads ane adjudicatione of the lands; and albeit the soumes in the adjudicatione were more then the value of the Land Considering the relicts Joynture Which is six hundred merks be year, and that ther is a great few dutie payable out of the same to the Earle of Argyll as superior and the wholl yearly rent of the Land is not above Nyne hundred merks, and yet Freeland that he might have a right to the reversione he payes the said Robert Campbell ane thousand punds and obtaines from him a heretabell and Irredeemable Dispositione upon which he was publictly infeft and Freeland dispones the Lands to Auchinbreck and the saids Lands being anciently a part of Arkindless his estate and Lying within the Bossom of his other Lands, Arkindlas younger fearing that others who were dealling in that matter might acquire the Lands, which might prove very uneasie to him thought fitt to acquyre right to the same from Auchinbreck, and Auchinbreck when he accuyred the Lands from Frieland having given bond for six thousand merks of the pryce young Arkindlass procures ane assignatione from Sprewell of Auchinbrecks bond in order to the Clearing with Auchinbreck as to the price and this being the matter of fact Which if need were can be instructed by the progress of the wrytes, if the parties hade been cited and heard upon ther Just defences no such act could have past against them for ane aliement to the said Robert Campbell, For first to Arkindlas elder (who is the only person decerned as heritor by the said act to pay the five hundred merks of aliement) he Could never have been Lyable for the same Because he was not concerned in the affair any maner of way, The right of the Lawes not being made to him nor was he in possession of the samen by quhich it evidently appears how absolutely groundles the said act is secondly young Arkindlas can never be Lyable for the said aliement, nor could any such aliement be appointed Because he truely and bona fide acquired right to the Lands from Auchinbreck and was be vertue therof in possessione, and it was most absurd to pretend that after a man is denuded of his estate by a legall dilligence and dispones his estate by a Simple and absolute Sale that the buyer should be oblidged to aliement the Seller of his estate and this is truely young Arkindless case Tertio as to which its alledged that the bond granted by the deceast Duncan Campbell to Freeland and the disposition by the said Robert Campbell to him was in trust and that the said Robert was Circumveened in the Bargaine It is answered that the same Is both Calumnious and Irrelevant as to young Arkindlas For first it is absolutely false that ther was either trust or Circumventione in the Case, and albeit ther be a letter alleged to have been wryten by Auchinbreck to the Earle of Broadalbine yet ther is no such letter produced and altho ther hade been such a letter, yet even as is related in the petitione that Auchinbreck did not Covet the bargaine Bot would freely quyt it without Loss this can never Import a quyting of his right far less any trust, But rather the Contrary that seing he will not quyt the bargaine to his Loss this necessarly Imports that he would not quyt it but for ane equivolent value Secundo whatever was betwixt the said Robert Campbell and Freeland young Arkindlas was not concerned seing bona fide bought and accquyred the lands from Auchinbreck tertio the pretended trust and Circumventione was only in matter of Civill right Which was not Competent to be Cognosied by the privy Councill But only by the Lords of sessione Quarto It was never heard of that upon a pretence of trust or Circumventione the buyer of ane estate should be found Lyable to the seller for ane Aliement, For if that were allowed it were ane easie thing for ane man after he has sold his estate To give in a petition to their Lordships upon such false misrepresentationes of purpose to procure ane aliement, and how dangerous a preprative this might be, and how much it might tend to unhinge mens securities his Grace and ther Lordships might easily Judge and the forsaid act appointing the aliement haveing been past without Citatione, and upon the matter without hearing of parties and against Arkindlas elder who is not concerned And Therfore humbly Craveing their Lordships may be pleased to take the premisses to their Consideratione and rescind the forsaid act of Councill and assoylzie the petitioners from the forsaid aliement and if the said Robert Campbell Conceaves he has any ground to quarrell the forsaids rights upon any pretended grounds of Fraud and Circumventione he may pursue before the Judge ordinary as accord of the Law as the petition bears His Majesties high Commissioner and the Lords of his majesties privy Council having heard the foregoing petition given in to them be Sir Collin and James Campbells elder and younger of Arkindlass Read in their presence They3 allowed Robert Campbell of Drumsynie to see and answer the same untill the fourth day of June then nixt and in the mean time Lifted executione upon the Decreet or act of Councill pronunced at Drumsynies instance against the said petitioners for aliement untill the said answers be given in and advysed And the saids Lord high Commissioner and Lords of his majesties privy Councill Haveing againe this day Considered the above petition They heirby Remitt and Referr the point of aliement abovementioned To be insisted in Judged and determined by the Judge ordinary as accords in Law in the same maner as it hade never been intented before the Lords of privy Councill nor any act given or pronunced therin and Turnes the Decreet or act of Councill anent the aliement of five hundred merks into a lybell

Edinburgh The Nynth Jully 1695

D1695/7/21

Act

Act Arkindlass contra Drumfynie

Anent the petition given in to his majesties high Commissioner and Lords of privy Councill be Sir Collin and James Campbells elder and younger of Ardkindless Shewing That wheras Robert Campbell late of Drumfynie haveing given in a petitione to their Lordships makeing mention that Duncan Campbell his elder brother haveing about twentie years since granted a bond for twelue thousand punds to […] Freeland his brother in Law in trust to the effect that he might lead ane appryssing of the Lands to the said Duncan Campbell his behoove and that after the said Duncan Campbell and […] Freelands decease, Archibald Freeland his sone hade induced the said Robert Campbell to give him a dispositione Corrobrative of the appryssing, upon pretence that it wes done for Compleating of the right, and when it was Compleated he would give a retrocessione or back bond, and that yet notwithstanding Contrair to the trust he disponed the lands to Auchinbreck and went out of the Countrey, and Auchinbreck enters to the possessione by force, By which he was reduced to great misserie, and he haveing againe caused apply to Auchinbreck that he might be reponed to his estate, and that Auchinbreck wrott a letter to the Earle of Brodalbine in october Jaj vjc nyntie Declairing that he did not Covet the bargaine But would freely quyt it without Loss, and that notwithstanding of his promisses and letters in the said Robert Campbells favors, Auchinbreck Dispones his right to the Lairds of Arkindless elder and younger who Likewyes prevailled with Mr Sprewell to give him a right to Auchinbrecks bond of Six thousand merks that he hade given to Freeland when he obtained from him the right, And was Like2 to be defrauded of his estate by meer Circumventione Which was worth above Fourtie thousand merks, and that he was to prosecute a discovery therof by all the members methods that the Law allowes and in the mean time for his subsistance in carieing on of the process he Craved that ther Lordships would allow him ane aliement, and ordaine the tennents to pay the same, And Auchinbreck Arkindlass elder and younger being ordained to see and answer the said petition, But they not being present in toune ther procurators gave in only ane generall defence that they would not be oblidged to answer unless they hade been Lawfullie cited upon which ther Lordships did grant the said Robert Campbell ane aliement of fyve hundred merks and Decerned Arkindless elder and the tennents to make payment of the same at this terme of Whitsunday as to which the petitioner humbly represent that the matter of fact mentioned in the said petition as to the pretended trust and Circumventione and many other particulars Is absolutly false and Calumnious the matter being truely Thus That Duncan Campbell of Drumfynie haveing granted bond to Archibald Freeland The said […] Freelands sone for the soume of Twelue Thousand pund, The said Robert Campbell after his brothers decease grants a bond of Corroboration to Archibald Freeland upon which he Leads ane adjudicatione of the lands; and albeit the soumes in the adjudicatione were more then the value of the Land Considering the relicts Joynture Which is six hundred merks be year, and that ther is a great few dutie payable out of the same to the Earle of Argyll as superior and the wholl yearly rent of the Land is not above Nyne hundred merks, and yet Freeland that he might have a right to the reversione he payes the said Robert Campbell ane thousand punds and obtaines from him a heretabell and Irredeemable Dispositione upon which he was publictly infeft and Freeland dispones the Lands to Auchinbreck and the saids Lands being anciently a part of Arkindless his estate and Lying within the Bossom of his other Lands, Arkindlas younger fearing that others who were dealling in that matter might acquire the Lands, which might prove very uneasie to him thought fitt to acquyre right to the same from Auchinbreck, and Auchinbreck when he accuyred the Lands from Frieland having given bond for six thousand merks of the pryce young Arkindlass procures ane assignatione from Sprewell of Auchinbrecks bond in order to the Clearing with Auchinbreck as to the price and this being the matter of fact Which if need were can be instructed by the progress of the wrytes, if the parties hade been cited and heard upon ther Just defences no such act could have past against them for ane aliement to the said Robert Campbell, For first to Arkindlas elder (who is the only person decerned as heritor by the said act to pay the five hundred merks of aliement) he Could never have been Lyable for the same Because he was not concerned in the affair any maner of way, The right of the Lawes not being made to him nor was he in possession of the samen by quhich it evidently appears how absolutely groundles the said act is secondly young Arkindlas can never be Lyable for the said aliement, nor could any such aliement be appointed Because he truely and bona fide acquired right to the Lands from Auchinbreck and was be vertue therof in possessione, and it was most absurd to pretend that after a man is denuded of his estate by a legall dilligence and dispones his estate by a Simple and absolute Sale that the buyer should be oblidged to aliement the Seller of his estate and this is truely young Arkindless case Tertio as to which its alledged that the bond granted by the deceast Duncan Campbell to Freeland and the disposition by the said Robert Campbell to him was in trust and that the said Robert was Circumveened in the Bargaine It is answered that the same Is both Calumnious and Irrelevant as to young Arkindlas For first it is absolutely false that ther was either trust or Circumventione in the Case, and albeit ther be a letter alleged to have been wryten by Auchinbreck to the Earle of Broadalbine yet ther is no such letter produced and altho ther hade been such a letter, yet even as is related in the petitione that Auchinbreck did not Covet the bargaine Bot would freely quyt it without Loss this can never Import a quyting of his right far less any trust, But rather the Contrary that seing he will not quyt the bargaine to his Loss this necessarly Imports that he would not quyt it but for ane equivolent value Secundo whatever was betwixt the said Robert Campbell and Freeland young Arkindlas was not concerned seing bona fide bought and accquyred the lands from Auchinbreck tertio the pretended trust and Circumventione was only in matter of Civill right Which was not Competent to be Cognosied by the privy Councill But only by the Lords of sessione Quarto It was never heard of that upon a pretence of trust or Circumventione the buyer of ane estate should be found Lyable to the seller for ane Aliement, For if that were allowed it were ane easie thing for ane man after he has sold his estate To give in a petition to their Lordships upon such false misrepresentationes of purpose to procure ane aliement, and how dangerous a preprative this might be, and how much it might tend to unhinge mens securities his Grace and ther Lordships might easily Judge and the forsaid act appointing the aliement haveing been past without Citatione, and upon the matter without hearing of parties and against Arkindlas elder who is not concerned And Therfore humbly Craveing their Lordships may be pleased to take the premisses to their Consideratione and rescind the forsaid act of Councill and assoylzie the petitioners from the forsaid aliement and if the said Robert Campbell Conceaves he has any ground to quarrell the forsaids rights upon any pretended grounds of Fraud and Circumventione he may pursue before the Judge ordinary as accord of the Law as the petition bears His Majesties high Commissioner and the Lords of his majesties privy Council having heard the foregoing petition given in to them be Sir Collin and James Campbells elder and younger of Arkindlass Read in their presence They3 allowed Robert Campbell of Drumsynie to see and answer the same untill the fourth day of June then nixt and in the mean time Lifted executione upon the Decreet or act of Councill pronunced at Drumsynies instance against the said petitioners for aliement untill the said answers be given in and advysed And the saids Lord high Commissioner and Lords of his majesties privy Councill Haveing againe this day Considered the above petition They heirby Remitt and Referr the point of aliement abovementioned To be insisted in Judged and determined by the Judge ordinary as accords in Law in the same maner as it hade never been intented before the Lords of privy Councill nor any act given or pronunced therin and Turnes the Decreet or act of Councill anent the aliement of five hundred merks into a lybell

1. NRS, PC2/25, 257v.

2. The word ‘wayes’ scored out here.

3. The word ‘heirby’ scored out here.

1. NRS, PC2/25, 257v.

2. The word ‘wayes’ scored out here.

3. The word ‘heirby’ scored out here.

Sederunt, 9 July 1695, Edinburgh

Edinburgh The Nynth Jully 16951

D1695/7/12

Sederunt

His Majesties Commissioner; Earl of Anandale pres; Earl of Melvill p: Seall; Duke of Queensberry; Marquis of Douglas; Earl of Argyll; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Linlithgow; Earl of Lothian; Earl of Leven; Earl of Kintoir; Lord Murray; Lord Yester; Lord Strathnaver; Lord Raith T:d:; Lord Ross; Lord Beilhaven; Lord Carmicheall; Lord Polwarth; Mr Johnston secret:; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Enstruther; Mr Fra: Montgomry; Laird of Grant; Laird of Stivensone; Laird of Blackbarony; Laird of Stivenson;3 Laird of Leyes; Laird of Pollock; Sir Thomas Livingston; Sir John Hall; Sir Robert Cheisly provest of Edinburgh

Edinburgh The Nynth Jully 16951

D1695/7/12

Sederunt

His Majesties Commissioner; Earl of Anandale pres; Earl of Melvill p: Seall; Duke of Queensberry; Marquis of Douglas; Earl of Argyll; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Linlithgow; Earl of Lothian; Earl of Leven; Earl of Kintoir; Lord Murray; Lord Yester; Lord Strathnaver; Lord Raith T:d:; Lord Ross; Lord Beilhaven; Lord Carmicheall; Lord Polwarth; Mr Johnston secret:; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Enstruther; Mr Fra: Montgomry; Laird of Grant; Laird of Stivensone; Laird of Blackbarony; Laird of Stivenson;3 Laird of Leyes; Laird of Pollock; Sir Thomas Livingston; Sir John Hall; Sir Robert Cheisly provest of Edinburgh

1. NRS, PC2/25, 255r.

2. NRS, PC2/25, 255r.

3. Sic.

1. NRS, PC2/25, 255r.

2. NRS, PC2/25, 255r.

3. Sic.

Decreet, 13 July 1694, Edinburgh

Edinburgh the threttein of Jully 1694

D1694/7/231

Decreet

Certificatione Strathmore his tennents Against Irones

Anent the Lybell of letters raised and pursued before the Lords of their majesties privy Councill at the instance of Patrick Earle of Strathmore Robert Lovan and William Baxters two of the saids Earles tennents Liveing in the Newtoune of Airly with concourse of Sir James Stewart ther majesties advocat for their majesties intrest in the matter underwritten makeing mention That albeit the Impeding and stoping of their majesties service in the outreik of the present Levies and the violent seizeing upon and by force carieing away the persones of these who were Designed as Souldiers in the said Levie, And the falling upon threatning beatting and wounding of such as hade the Custody of any other persones Designed to be put out in the said Levie are Crymes of ane high nature and severly punishable By the Lawes and acts of parliament of this kingdome and by severall acts and proclamationes emitted by the Lords of privy Councill yet nevertheless It is of verity That James Cay undermiller at Brydgestoune within the Earle of Strathmores propertie being a lustie young fellow and fitt for the service of his majesties present Levie was seazed upon by the said Earles speciall order by some tennants in the nighbourhead as he was runing away from Brydgestoune and was in Custody (being so taken) by the saids Robert Louain and William Baxter pursuers and when they were Advanced with the said James Cay a quarter of a myle or therby in their way to the house of Glammiss, James Irones at the mylne of Dalyvaird, James Ratray his servant David Bowaiks and Thomas Why in Grainge of Airly his accomplices overtook the saids pursuers in the high way, The said James Irones Carieing a gun in his hand and other offencive Weapons by him and the other thrie being armed with Dirks staffs pistolls Guns and other Weapons invasive Did by violent hands upon the said Robert Lounan and William Baxter pursuers Requyreing them to let James Cay goe, whill the said pursuers refuseing, The saids James Irons and his saids accomplices Cruelty beat Robert Lounan one of the saids pursuers with their weapons, And the saids James Irons offered to shott him, which he hade certainely done if his gun hade not been put by thrie severall times, Wherupon he Clubbed his Gun and offered to beat out his braines and the others threatned to strick and actually did beat him and William Baxter the other pursuer till they were forced for fear of their Lives to quyte the said James Cay prisoner to them, The said James Irons and his accomplices abovenamed being to strong for the said pursuers And so they rescued the said James Cay with these threatnings and strocks abovementioned and continue still to minace the said Robert Lounan and William Baxter pursuers at the Church and else wher they mett them, Thus by their manifast violence and outrage disappointed the said Earle of one of these men whom he hade destined for their majesties service in this present Levie Committing the same in the Earles oun 2 ground and upon the high way And Therfore the saids persones being in the guilt at least airt and pairt of the above crymes ought and should not only be decerned to redeliver the said James Cay to the saids pursuers But likewayes Ought and should be punished in their persones and goods to the terror of others to Comitt the like in time comeing And Anent the Charge given to the saids defenders To have Compeired before the saids Lords personally at ane certaine day now bygone To have answered the points of the above Complaint and to have heard and seen such order and Course taken theranent as the saids Lords shall think fitt as in the principall letters of lybell raised in the said matter at more length is Contained, Which Lybell being this day Called in presence of the Lords of their majesties privy Councill And the said Earle Compeiring personally with Mr William Aikman advocat for the haill pursuers who Declared that he insisted only against the said James Irons and past from the rest of the defenders and the said James being Lawfullie cited oft tymes Called and not Compeiring, The said Mr William Aikmen Craved that Certificatione and letters of Denunciatione might be direct against him The saids Lords doe heirby Grant Certificatione against the said James Irons In respect of his absence and not Compeirance And Ordaines letters to be direct to maccers or messengers at armes Comending them to pass to the marcat Cross of […] and other places needfull and their majesties name and authoritie duely Lawfully and orderly Denunce the said James Irons their majesties rebells and put him to their highnes horne Escheat and in bring all his Moveaball goods and Geir to his majesties use for his Contemption and disobedience.

Edinburgh the threttein of Jully 1694

D1694/7/231

Decreet

Certificatione Strathmore his tennents Against Irones

Anent the Lybell of letters raised and pursued before the Lords of their majesties privy Councill at the instance of Patrick Earle of Strathmore Robert Lovan and William Baxters two of the saids Earles tennents Liveing in the Newtoune of Airly with concourse of Sir James Stewart ther majesties advocat for their majesties intrest in the matter underwritten makeing mention That albeit the Impeding and stoping of their majesties service in the outreik of the present Levies and the violent seizeing upon and by force carieing away the persones of these who were Designed as Souldiers in the said Levie, And the falling upon threatning beatting and wounding of such as hade the Custody of any other persones Designed to be put out in the said Levie are Crymes of ane high nature and severly punishable By the Lawes and acts of parliament of this kingdome and by severall acts and proclamationes emitted by the Lords of privy Councill yet nevertheless It is of verity That James Cay undermiller at Brydgestoune within the Earle of Strathmores propertie being a lustie young fellow and fitt for the service of his majesties present Levie was seazed upon by the said Earles speciall order by some tennants in the nighbourhead as he was runing away from Brydgestoune and was in Custody (being so taken) by the saids Robert Louain and William Baxter pursuers and when they were Advanced with the said James Cay a quarter of a myle or therby in their way to the house of Glammiss, James Irones at the mylne of Dalyvaird, James Ratray his servant David Bowaiks and Thomas Why in Grainge of Airly his accomplices overtook the saids pursuers in the high way, The said James Irones Carieing a gun in his hand and other offencive Weapons by him and the other thrie being armed with Dirks staffs pistolls Guns and other Weapons invasive Did by violent hands upon the said Robert Lounan and William Baxter pursuers Requyreing them to let James Cay goe, whill the said pursuers refuseing, The saids James Irons and his saids accomplices Cruelty beat Robert Lounan one of the saids pursuers with their weapons, And the saids James Irons offered to shott him, which he hade certainely done if his gun hade not been put by thrie severall times, Wherupon he Clubbed his Gun and offered to beat out his braines and the others threatned to strick and actually did beat him and William Baxter the other pursuer till they were forced for fear of their Lives to quyte the said James Cay prisoner to them, The said James Irons and his accomplices abovenamed being to strong for the said pursuers And so they rescued the said James Cay with these threatnings and strocks abovementioned and continue still to minace the said Robert Lounan and William Baxter pursuers at the Church and else wher they mett them, Thus by their manifast violence and outrage disappointed the said Earle of one of these men whom he hade destined for their majesties service in this present Levie Committing the same in the Earles oun 2 ground and upon the high way And Therfore the saids persones being in the guilt at least airt and pairt of the above crymes ought and should not only be decerned to redeliver the said James Cay to the saids pursuers But likewayes Ought and should be punished in their persones and goods to the terror of others to Comitt the like in time comeing And Anent the Charge given to the saids defenders To have Compeired before the saids Lords personally at ane certaine day now bygone To have answered the points of the above Complaint and to have heard and seen such order and Course taken theranent as the saids Lords shall think fitt as in the principall letters of lybell raised in the said matter at more length is Contained, Which Lybell being this day Called in presence of the Lords of their majesties privy Councill And the said Earle Compeiring personally with Mr William Aikman advocat for the haill pursuers who Declared that he insisted only against the said James Irons and past from the rest of the defenders and the said James being Lawfullie cited oft tymes Called and not Compeiring, The said Mr William Aikmen Craved that Certificatione and letters of Denunciatione might be direct against him The saids Lords doe heirby Grant Certificatione against the said James Irons In respect of his absence and not Compeirance And Ordaines letters to be direct to maccers or messengers at armes Comending them to pass to the marcat Cross of […] and other places needfull and their majesties name and authoritie duely Lawfully and orderly Denunce the said James Irons their majesties rebells and put him to their highnes horne Escheat and in bring all his Moveaball goods and Geir to his majesties use for his Contemption and disobedience.

1. NRS, PC2/25, 35r-36v.

2. The word ‘hand’ scored out here.

1. NRS, PC2/25, 35r-36v.

2. The word ‘hand’ scored out here.