Tag Archives: July

Sederunt, 22 July 1701, Edinburgh

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Att Edinburgh The tuenty second of Jully One thousand sivenhundred and one yeares1

D1701/7/182

Sederunt

Lord Chancellor; Marquis of Annandale; Earl of Marr; Earl of Lauderdale; Earl of Loudoun; Earl of Northesk; Earl of Forfar; Earl of Kintore; Viscount Seafield; Viscount Teviot; Lord Montgumry; Lord Carmichaell; Lord Boyle; Lord Advocate; Lord Thesaurer deput; Lord jusice Clerk; Lord Halcraig; Mr Frances Montgomry; Laird of Grant; Laird of Stevensone

Att Edinburgh The tuenty second of Jully One thousand sivenhundred and one yeares1

D1701/7/182

Sederunt

Lord Chancellor; Marquis of Annandale; Earl of Marr; Earl of Lauderdale; Earl of Loudoun; Earl of Northesk; Earl of Forfar; Earl of Kintore; Viscount Seafield; Viscount Teviot; Lord Montgumry; Lord Carmichaell; Lord Boyle; Lord Advocate; Lord Thesaurer deput; Lord jusice Clerk; Lord Halcraig; Mr Frances Montgomry; Laird of Grant; Laird of Stevensone

1. NRS, PC2/28, 119v.

2. NRS, PC2/28, 119v.

1. NRS, PC2/28, 119v.

2. NRS, PC2/28, 119v.

Decreet, 17 July 1701, Edinburgh

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Att Edinburgh the Siventine Day of Jully [1701] yeares

D1701/7/171

Decreet

Decreet Jean Sken against the Magistrats of Aberdeen

Anent the Lybell or lettares of complaint purchased and Raised befor the Lords of his majesties privie councill att the instance of Jean Skeen daughter to the deceast James Skeen merchant in Aberdeen uith concourse of Sir James Steuart his majesties Advocate for his hignes intrest in the matter underurittine Makeing mentione that uher by the municipall law of this kingdome and the Constitutione of this and all other ueill governed Nationes the breakeing up or violently enterring Into houses or chambers of any his majesties Leidges by violence by uay of homesicken and the Dragging or Draueing the masters or mistreses of the same and Carrieing of them to prisone uithout any just legall uarrant or cause and their detaining of them uithout meat Drink or bed and forceing them to pay money unuarrantably And the dispossessing persones out of their just rights by uay of Bangastrie And also the exacting money urongously takeing three tymes more then uas due by illegall poynding valouable goods after sun setting Being all Crymes and Ryots highly aggrevated by their circumstances and punishable uith all Rigor especially when the saids crymes are Committed out of Forthought felloney And premeditate designe Nevertheless that John Allerdice present provost of Aberdeen Alexander Walker late provost their Thomas Mitchell late provost thr Alexander Forbes John Ross Alexander […] and Alexander Pattoune present baillies ther Alexander Ragg late bailzie James Milne late Dean of Gild John Gordon merchant Alexander Forbas merchant ther John Smith and2 Gregor McGregor messangers and officers Ther Peeter Murray under Clerk ther Uilliam Frazer merchant ther Alexander Forbas merchant ther John Hardie officer ther John Ritchie and James Irvine laite officers ther are guilty of the forsaids crymes In so farr as the saids Thomas Gordone John Ritchie and John Hardie att the command and by the instigation of the other persones forsaids Did upon the Eightine day of Feburary One thousand six hundred and nynty Eight yeares or upon ane other of the dayes of the said moneth came to the house of the said Jean Skeen complainer uithin the toune of Aberdeen Boaden in fear of Uear uith hammers gadds of Irone suords staves and other investive armes threatning and designeing to have broke up the complainers said house (uhich ought to have been to the said complainer ane Sanctuary) But that they understood The complainer uas gone abroad for the tyme and not Satisfied uith this, The saids three persons Last as named in Lykemanner returned the nixt night under cloud and silence therof alittle past midnight uhile the said complainer uas fast asleep and the complainers gates and doores fast shut upon her and in the first place the saids John Hardie and John Ritchie be sett the house the one to the forgate, and the other to the back and the said Thomas Gordone3 Thomas Gordone uent to a dyke adjacent to One or other of the doores of the said compleaners house, and ther thrusting stones att her doores and unidoues uhich might have killed the said compleaner if providence hade not preserved her and uhen uith a great Gadd of Irone did breake to peices the timber and bands of the saids doores, and uold have penetrated furder into the house, the said Thomas Gordone came boadden as siad is accompanied uith the saids toune officers Robert Hay and James Irvine other tuo of the saids toune officers uith a Rabble of people of ay acend Saxis he being armed uith the forsaid Gad of Irone and other uapones for breaking up the door etc: and ane pair of smiths trukesis uith uhich he hade threatned to draw the said complainer by the nose But after he and his accomplicers hade past the outter doores of the complainers house they came to the door of that Chamber uher the said Complainer uas Lyeing in bed and broke open the same after uhich he commanded the said officers to carrie auay the said complainer by force in face of the Rable notuithstanding that disverse of good estate quality and Creditt nixt to the provost and other magistrats and offered to Bind themselves to present the said complainer to ansuear uaht they or any others hade to lay to the said complainers charge so that the said complainer uas dangerously sick att the tyme to avoid publict maletreatment and disgrace For the tyme the said Complainer leapt out att and Back uindou severall stories high by uhich she hade been killed outright hade not miraculous providence prevented, But the malice of the saids maigstrats not resting heir, They particularly the then provost and bailie Forbes not only refused to give the Complainer ane just redress of such ane Enormous abuse the said complainer hade metuich from the said Thomas Gordone sayeing that uhat he hade fone uas by ordour and uarrand from all the magistrats, But upon the […] day of […] therafter they caused under silence of night dragg the said complainer doun the street most unchristian and unhuman manner as if the said complainer hade been a malefactor by uhich the said Rabble threw great stones att the said complainer uhich might have infallablie killed her hade not some of the said complainers ueill uishers Interposed and caried the said complainer straight to the tolbooth uher the said complainer lay for the space of tuenty Four houres uithout meat or drink bedding or other conveniencie and therby exacted a fyne of tuenty shillings sterling from the said complainer uithout any just ground or cause for the same as a discharge produced in proces beares Lykeas the said complainer haveing conveined befor the the Lords of his majesties privie councill upon the tuenty seventh day of June one thousand sixhundred4 and nynty nyn years the saids defenders for ane ryot committed by them on the said Complainer and aggravaated uith many highning expressiones and circumstances in manner lybled in the letters raised therannent some of the saids defenders did most deceitfully detaine detaine5 the said complainer att Abbeerdeen and ther uas ane Insolent fellow called John Kertureight did come out of a Change house uho struck the said complainer uith hands and feet and blooded and bruised the said the said6 complainer by uay of rapt for uhich the said complainer hade the shirriff of Abberdeens leter and uarrant to pursue and give in the executiones therupon so that the said complainer uas not able to travell any uay the said complainer uas so abused by that Riged papist and this being one of the pleas of his majesties croune and ane attrocious cryme uhile in the mean tyme the said Alexander Forbes attended the saids Lords of his majesties privie Councill the said Day of compearance and obtained protestatione against the said complainer for not insisting in the said proces and also represented to the saids Lords of his majesties privie councill that the said complainer uas a made distracted woman uherupon The said complainer uas decerned to pay to the saids defendares the soume of ane hundred pounds scots and ther uas a decreit extracted horning and captione raised therupon accordingly and the saids Lords meinning and ordores uas not to exact but to be a teror, The truth is the said Complainer came no sooner home to Aberdeen the saids Defendares did send her a Charge of horning and the saids Magistrats did send messangers and officers uith their toune Clerks and tuelve men and did take Tuelve7 hundred merks scots of merchant goods from the said complainer and carried them to the publict mercat cross and Rouped them by severall ignorant men after sum sett and uould neither give the said Complainer ane discharge of her fyne nor ane executione of the payeing nor nor give the said complainer up the Captione nor any Inventar of what goods they hade taken from the said complainer But threatned her uith banishment if the complainer uould goe any furder and as if the crymes writtine hade not been enough to satisfie the implacable humour and malice of the saids magistrats and their associats and servants, The said complainer farther haveing a dask in the New Church of Aberdeen uhich uas built by the said complainers predicessores and hes been possesst by them past all memorie, they all their oun hand and uithout any ordour of Law or consent of any concerned did dispose upon and granted a gift of the said Dask to the viscount of Arbuthnott, and the said complainer haveing a factory from her brother uho hes right therto and principally furth of the kingdome, the said complainer hearing therof, she went to the Church upon the second day of February One thousand sivenhundred and one yeares last being the Lords day as in the said complainers usuall manner haveing gone to her fathers said dask, The said John Allerdice present provost of Aberdeen and the rest of the magistrats abovenamed did upon the said day send to the said neu church befor divyne service uas ended in the old church uhich is the Church nixt adjacent tuo of their officers To uitt the said John Smith and George McGregor and Forced te asid complainer of the said Dask and did imprisone her in the tolbooth in the Iron house therof, and did put other tuo Gentleuoman in the Laich tolbooth the same day For no other cryme But keeping their Grant Fathers dasks and did8 lett them out that night But keept the said complainer tuo dayes and one night uithout any cause or cryme But because the said complainer went into her fathers dask the said day as said is and by this it doeth appear hou much the saids defenders have taken advantage of the said complainers simplicity and Ingorance of the9 Law uhich uas never objected to any of the complainers ses and hou farr they have been conscious of their oun guilt uhen forced to Redeem themselves from the Crymes of open violence and oppressione by Secreat fraud and deceit By all uhich the forsaids persones defendars abovenamed and each of them are manifastly guiltie airt and pairt as actors of ane high ryot violence oppressione and disorder Illegall Imprissment and poynding and breach of this peace, and aught and should not only be decerned in the soume of […] For the said complainers damnadge and Expencess But otheruayes severally punished in ther persones and goods to the terror of others to committ the lyke in tymecomming, And anent the Charge to the saids defenders to have Compeared befor the Lords of his majesties privie councill att ane certaine day nou by gone to have heared and Ansueared to the forsaid complaint and to have heared and seen such ordour and course taken therannent as appertaines uith certificatione as in the principall lyble or lettares of complaint raised in the said matter uith the executiones therof att more lenth is contained uhich Lyble being upon the tenth day of Jullay instant called in presence of the saids Lords of his majesties privie councill, and the said complainers Compearing personally uith Mr John Spotisuood her advocate And the said John Allerdyce and Alexander Forbes Bailie in Aberdeen tuo of the Defendares compearing personally and the rest of the defendares being laufully10 called and not compearing and Mr Robert Forbes and Mr Uilliam Black compearing as advocats for the haill defenders the lybell and ansears made therto for the defendares being read and both pairties fully heared att the Councill barr And haveing considered the Lybell uith the ansueares forsaid made therto, The saids Lords of his majesties privie councill by their Interloquitor daited the tenth of jully instant Did therby Nominat and appoint The Lords Advocate and Phesdo and the Laird of Grant to be a Comitie to Indeavour to settle and agree the pairties and Recomends to the said commitie to meet the morrow and to make their Report to the councill uith their conveniencie and Declaires any tuo of the said committie to be a sufficient quourm Which committie haveing upon the sixteen day of Jully instant mett and haveing Endeavoured to have settled and agreed the matter betuixt betuixt11 both pairties could not effectuat the same But made their report That they are of opinion, That the magistrats of Abedeen should restor to the said complainer the goods poynded from her in jully one thousand and sevenhundred yeares conforme to the instrument of poynding in their hands uherof they are to give the said complainer ane authentick Double subscribved by the Clerk of his majesties privie councill provyding that att or befor the complainers receit therof she enact herself to the good behaviour under the pain of Fourty pounds scots and that the Lords of his majesties privie Councill should ordain the said complainer to enact herself in manner forsaid whither she Receive her Goods or not, And the saids Lords of his majesties privie councill Haveing this day considered The above report, They heirby approve of the said commities Report and Interpones their decreit and authority therto And Decerns and ordains the saids magistrats of Aberdeen to restore to the said complainer the Goods poynded poynded12 From her in Jully one thousand and seven hundred conforme to the instrument of poynding in their hands And Decerns and Ordaines the saids magistrats to give to the said Complainer ane authentick Double of the said Instrument subscrived by one of the Clerks of his majesties privie councill provyding that13 befor att the said complainer her receit of the said bouble she enact herself for her good behaviour under the pain of Fourty pound scots and the saids Lords of his majesties privie councill Did therby Decern and Ordaine the said complainer, to enact herself in manner forsaid whither she receaved the goods or not And the saids Lords recomended to the said Sir James Steuart his majesties advocate to see the said report and his sentance execute and obeyed, And also to see the private article of Fourty pound scots to be payed by the saids magistrats of Aberdeen to the said complainer actualy performed and the money payed and ordaines lettares of horning on Fyftine dayes and other executorialls needfull to be direct informe as effeires

Att Edinburgh the Siventine Day of Jully [1701] yeares

D1701/7/171

Decreet

Decreet Jean Sken against the Magistrats of Aberdeen

Anent the Lybell or lettares of complaint purchased and Raised befor the Lords of his majesties privie councill att the instance of Jean Skeen daughter to the deceast James Skeen merchant in Aberdeen uith concourse of Sir James Steuart his majesties Advocate for his hignes intrest in the matter underurittine Makeing mentione that uher by the municipall law of this kingdome and the Constitutione of this and all other ueill governed Nationes the breakeing up or violently enterring Into houses or chambers of any his majesties Leidges by violence by uay of homesicken and the Dragging or Draueing the masters or mistreses of the same and Carrieing of them to prisone uithout any just legall uarrant or cause and their detaining of them uithout meat Drink or bed and forceing them to pay money unuarrantably And the dispossessing persones out of their just rights by uay of Bangastrie And also the exacting money urongously takeing three tymes more then uas due by illegall poynding valouable goods after sun setting Being all Crymes and Ryots highly aggrevated by their circumstances and punishable uith all Rigor especially when the saids crymes are Committed out of Forthought felloney And premeditate designe Nevertheless that John Allerdice present provost of Aberdeen Alexander Walker late provost their Thomas Mitchell late provost thr Alexander Forbes John Ross Alexander […] and Alexander Pattoune present baillies ther Alexander Ragg late bailzie James Milne late Dean of Gild John Gordon merchant Alexander Forbas merchant ther John Smith and2 Gregor McGregor messangers and officers Ther Peeter Murray under Clerk ther Uilliam Frazer merchant ther Alexander Forbas merchant ther John Hardie officer ther John Ritchie and James Irvine laite officers ther are guilty of the forsaids crymes In so farr as the saids Thomas Gordone John Ritchie and John Hardie att the command and by the instigation of the other persones forsaids Did upon the Eightine day of Feburary One thousand six hundred and nynty Eight yeares or upon ane other of the dayes of the said moneth came to the house of the said Jean Skeen complainer uithin the toune of Aberdeen Boaden in fear of Uear uith hammers gadds of Irone suords staves and other investive armes threatning and designeing to have broke up the complainers said house (uhich ought to have been to the said complainer ane Sanctuary) But that they understood The complainer uas gone abroad for the tyme and not Satisfied uith this, The saids three persons Last as named in Lykemanner returned the nixt night under cloud and silence therof alittle past midnight uhile the said complainer uas fast asleep and the complainers gates and doores fast shut upon her and in the first place the saids John Hardie and John Ritchie be sett the house the one to the forgate, and the other to the back and the said Thomas Gordone3 Thomas Gordone uent to a dyke adjacent to One or other of the doores of the said compleaners house, and ther thrusting stones att her doores and unidoues uhich might have killed the said compleaner if providence hade not preserved her and uhen uith a great Gadd of Irone did breake to peices the timber and bands of the saids doores, and uold have penetrated furder into the house, the said Thomas Gordone came boadden as siad is accompanied uith the saids toune officers Robert Hay and James Irvine other tuo of the saids toune officers uith a Rabble of people of ay acend Saxis he being armed uith the forsaid Gad of Irone and other uapones for breaking up the door etc: and ane pair of smiths trukesis uith uhich he hade threatned to draw the said complainer by the nose But after he and his accomplicers hade past the outter doores of the complainers house they came to the door of that Chamber uher the said Complainer uas Lyeing in bed and broke open the same after uhich he commanded the said officers to carrie auay the said complainer by force in face of the Rable notuithstanding that disverse of good estate quality and Creditt nixt to the provost and other magistrats and offered to Bind themselves to present the said complainer to ansuear uaht they or any others hade to lay to the said complainers charge so that the said complainer uas dangerously sick att the tyme to avoid publict maletreatment and disgrace For the tyme the said Complainer leapt out att and Back uindou severall stories high by uhich she hade been killed outright hade not miraculous providence prevented, But the malice of the saids maigstrats not resting heir, They particularly the then provost and bailie Forbes not only refused to give the Complainer ane just redress of such ane Enormous abuse the said complainer hade metuich from the said Thomas Gordone sayeing that uhat he hade fone uas by ordour and uarrand from all the magistrats, But upon the […] day of […] therafter they caused under silence of night dragg the said complainer doun the street most unchristian and unhuman manner as if the said complainer hade been a malefactor by uhich the said Rabble threw great stones att the said complainer uhich might have infallablie killed her hade not some of the said complainers ueill uishers Interposed and caried the said complainer straight to the tolbooth uher the said complainer lay for the space of tuenty Four houres uithout meat or drink bedding or other conveniencie and therby exacted a fyne of tuenty shillings sterling from the said complainer uithout any just ground or cause for the same as a discharge produced in proces beares Lykeas the said complainer haveing conveined befor the the Lords of his majesties privie councill upon the tuenty seventh day of June one thousand sixhundred4 and nynty nyn years the saids defenders for ane ryot committed by them on the said Complainer and aggravaated uith many highning expressiones and circumstances in manner lybled in the letters raised therannent some of the saids defenders did most deceitfully detaine detaine5 the said complainer att Abbeerdeen and ther uas ane Insolent fellow called John Kertureight did come out of a Change house uho struck the said complainer uith hands and feet and blooded and bruised the said the said6 complainer by uay of rapt for uhich the said complainer hade the shirriff of Abberdeens leter and uarrant to pursue and give in the executiones therupon so that the said complainer uas not able to travell any uay the said complainer uas so abused by that Riged papist and this being one of the pleas of his majesties croune and ane attrocious cryme uhile in the mean tyme the said Alexander Forbes attended the saids Lords of his majesties privie Councill the said Day of compearance and obtained protestatione against the said complainer for not insisting in the said proces and also represented to the saids Lords of his majesties privie councill that the said complainer uas a made distracted woman uherupon The said complainer uas decerned to pay to the saids defendares the soume of ane hundred pounds scots and ther uas a decreit extracted horning and captione raised therupon accordingly and the saids Lords meinning and ordores uas not to exact but to be a teror, The truth is the said Complainer came no sooner home to Aberdeen the saids Defendares did send her a Charge of horning and the saids Magistrats did send messangers and officers uith their toune Clerks and tuelve men and did take Tuelve7 hundred merks scots of merchant goods from the said complainer and carried them to the publict mercat cross and Rouped them by severall ignorant men after sum sett and uould neither give the said Complainer ane discharge of her fyne nor ane executione of the payeing nor nor give the said complainer up the Captione nor any Inventar of what goods they hade taken from the said complainer But threatned her uith banishment if the complainer uould goe any furder and as if the crymes writtine hade not been enough to satisfie the implacable humour and malice of the saids magistrats and their associats and servants, The said complainer farther haveing a dask in the New Church of Aberdeen uhich uas built by the said complainers predicessores and hes been possesst by them past all memorie, they all their oun hand and uithout any ordour of Law or consent of any concerned did dispose upon and granted a gift of the said Dask to the viscount of Arbuthnott, and the said complainer haveing a factory from her brother uho hes right therto and principally furth of the kingdome, the said complainer hearing therof, she went to the Church upon the second day of February One thousand sivenhundred and one yeares last being the Lords day as in the said complainers usuall manner haveing gone to her fathers said dask, The said John Allerdice present provost of Aberdeen and the rest of the magistrats abovenamed did upon the said day send to the said neu church befor divyne service uas ended in the old church uhich is the Church nixt adjacent tuo of their officers To uitt the said John Smith and George McGregor and Forced te asid complainer of the said Dask and did imprisone her in the tolbooth in the Iron house therof, and did put other tuo Gentleuoman in the Laich tolbooth the same day For no other cryme But keeping their Grant Fathers dasks and did8 lett them out that night But keept the said complainer tuo dayes and one night uithout any cause or cryme But because the said complainer went into her fathers dask the said day as said is and by this it doeth appear hou much the saids defenders have taken advantage of the said complainers simplicity and Ingorance of the9 Law uhich uas never objected to any of the complainers ses and hou farr they have been conscious of their oun guilt uhen forced to Redeem themselves from the Crymes of open violence and oppressione by Secreat fraud and deceit By all uhich the forsaids persones defendars abovenamed and each of them are manifastly guiltie airt and pairt as actors of ane high ryot violence oppressione and disorder Illegall Imprissment and poynding and breach of this peace, and aught and should not only be decerned in the soume of […] For the said complainers damnadge and Expencess But otheruayes severally punished in ther persones and goods to the terror of others to committ the lyke in tymecomming, And anent the Charge to the saids defenders to have Compeared befor the Lords of his majesties privie councill att ane certaine day nou by gone to have heared and Ansueared to the forsaid complaint and to have heared and seen such ordour and course taken therannent as appertaines uith certificatione as in the principall lyble or lettares of complaint raised in the said matter uith the executiones therof att more lenth is contained uhich Lyble being upon the tenth day of Jullay instant called in presence of the saids Lords of his majesties privie councill, and the said complainers Compearing personally uith Mr John Spotisuood her advocate And the said John Allerdyce and Alexander Forbes Bailie in Aberdeen tuo of the Defendares compearing personally and the rest of the defendares being laufully10 called and not compearing and Mr Robert Forbes and Mr Uilliam Black compearing as advocats for the haill defenders the lybell and ansears made therto for the defendares being read and both pairties fully heared att the Councill barr And haveing considered the Lybell uith the ansueares forsaid made therto, The saids Lords of his majesties privie councill by their Interloquitor daited the tenth of jully instant Did therby Nominat and appoint The Lords Advocate and Phesdo and the Laird of Grant to be a Comitie to Indeavour to settle and agree the pairties and Recomends to the said commitie to meet the morrow and to make their Report to the councill uith their conveniencie and Declaires any tuo of the said committie to be a sufficient quourm Which committie haveing upon the sixteen day of Jully instant mett and haveing Endeavoured to have settled and agreed the matter betuixt betuixt11 both pairties could not effectuat the same But made their report That they are of opinion, That the magistrats of Abedeen should restor to the said complainer the goods poynded from her in jully one thousand and sevenhundred yeares conforme to the instrument of poynding in their hands uherof they are to give the said complainer ane authentick Double subscribved by the Clerk of his majesties privie councill provyding that att or befor the complainers receit therof she enact herself to the good behaviour under the pain of Fourty pounds scots and that the Lords of his majesties privie Councill should ordain the said complainer to enact herself in manner forsaid whither she Receive her Goods or not, And the saids Lords of his majesties privie councill Haveing this day considered The above report, They heirby approve of the said commities Report and Interpones their decreit and authority therto And Decerns and ordains the saids magistrats of Aberdeen to restore to the said complainer the Goods poynded poynded12 From her in Jully one thousand and seven hundred conforme to the instrument of poynding in their hands And Decerns and Ordaines the saids magistrats to give to the said Complainer ane authentick Double of the said Instrument subscrived by one of the Clerks of his majesties privie councill provyding that13 befor att the said complainer her receit of the said bouble she enact herself for her good behaviour under the pain of Fourty pound scots and the saids Lords of his majesties privie councill Did therby Decern and Ordaine the said complainer, to enact herself in manner forsaid whither she receaved the goods or not And the saids Lords recomended to the said Sir James Steuart his majesties advocate to see the said report and his sentance execute and obeyed, And also to see the private article of Fourty pound scots to be payed by the saids magistrats of Aberdeen to the said complainer actualy performed and the money payed and ordaines lettares of horning on Fyftine dayes and other executorialls needfull to be direct informe as effeires

1. NRS, PC2/28, 114v-115r; 116v-119v.

2. Insertion.

3. Note ff.115v and 116r have been left blank and each labelled ‘Nihill hic deest’, nothing is missing.

4. Corrected from ‘sevenhundred’.

5. Sic.

6. Sic.

7. Corrected from an earlier word.

8. Insertion.

9. Insertion.

10. The words ‘being laufully’ are an insertion.

11. Insertion.

12. Insertion.

13. An illegible word scored out here.

1. NRS, PC2/28, 114v-115r; 116v-119v.

2. Insertion.

3. Note ff.115v and 116r have been left blank and each labelled ‘Nihill hic deest’, nothing is missing.

4. Corrected from ‘sevenhundred’.

5. Sic.

6. Sic.

7. Corrected from an earlier word.

8. Insertion.

9. Insertion.

10. The words ‘being laufully’ are an insertion.

11. Insertion.

12. Insertion.

13. An illegible word scored out here.

Sederunt, 17 July 1701, Edinburgh

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Att Edinburgh the Siventine Day of Jully [1701] yeares1

D1701/7/162

Sederunt

Lord Chancellor; Marquis of Annandale; Earl of Marr; Earl of Loudoun; Earl of Selkirk; Earl of Forfarr; Earl of Kintore; Viscount Teviot; Lord Montgomry; Lord Boyle; Lord Advocate; Lord Phesdo; Mr Frances Montgomry; Laird of Grant; Lord provost of Edinburgh

Att Edinburgh the Siventine Day of Jully [1701] yeares1

D1701/7/162

Sederunt

Lord Chancellor; Marquis of Annandale; Earl of Marr; Earl of Loudoun; Earl of Selkirk; Earl of Forfarr; Earl of Kintore; Viscount Teviot; Lord Montgomry; Lord Boyle; Lord Advocate; Lord Phesdo; Mr Frances Montgomry; Laird of Grant; Lord provost of Edinburgh

1. NRS, PC2/28, 114v.

2. NRS, PC2/28, 114v.

1. NRS, PC2/28, 114v.

2. NRS, PC2/28, 114v.

Act, 15 July 1701, Edinburgh

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Att Edinburgh The Fyfetin day of Jully One thousand Sivenhundred and on years

D1701/7/151

Act

Act In favours of the Lady Cardross anent ane vacant stipend

Anent The petitione Given in and presented To the right honourable The Lord Chancellor and Lords of his majesties Privie counsell Be Catharine Lady Cardross Sheueth that wher the deceast Heny Lord Cardross the petitioners husband uas undoubted patrone of the paroches and kirks of Port and Kippen haveing destinated the vaccant stippands of the said paroches conforme to the laues and acts of parliament therannent And Granted commissione and factorie to James Campbell of Kerinoch to uplift the vaccant stippant of the said parroch of Port during the vaccancie therof to be uplifted for the uses forsaid as the said factorie of the dait the Eight day of September one thousand Sixhundred and nynty tuo yeares more fully beares To uhich factory the said James Campbell by the ordour and express consent of the said Henry Lord Cardross assigned Robert Grahame in Shanaquhill uith pouer to him to uplift the said vaccant stippend in stead of the said James Campbell as the assignatione of the dait the tenth and Tuentie seventh2 dayes of aprile one thousand sixhundred and nynty three years bears and the said Henry Lord Cardross haveing Lykeuayes impoured Mr Uilliam Leckie of Descheorss to uplift the vaccand stippands of the said Kirk of Kippen for the said uses for the cropts one thousand sixhundred and nynty and One tho if and sixhundred and nynty one to be applyed for repairing of the said church and Bridge in the said paroch conforme to the mortificatione and comissione therannent of the dait the thirtine day of October One thousand sixhundred and nynty three yeares And the said Robert Grahame and Mr Uilliam Leckey be uilling to compt uith the petitionar petitionar as factrix appointed by the Lords of Sessione For uplifting the rents of the estate of Cardross concerning the applicatione of the said vaccant Stippand for the uses Forsaid upon the petitionares Granting discharges to them after compt and reckning uhich the petitionar is uilling3 to doe uithout the Lords of his majesties privie counsell authority By Granting uarrand to the petitioner for that effect as also the petitionar being informed that ther is some pairt of the vaccand Stippand of the said paroch of Kippen since the cropts one thousand sixhunred and nynty and one thousand sixhundred and nynty one yeares uhich is not payable and still in the hands of the persones lyable in payment therof And therfor Craveing that the Lords of his majesties privie councill might be pleased to Grant uarrand to the petitionar to compt and Recken uith the said Robert Grahame and Mr Uilliam Leckie and to discharge them upon their instructing that uhat is disbursed by them of their Collectione is appleyed for pious uses in the termes of the Commissiones abovementioned and that the money yet in their hands may be appleyed for the uses forsaid att the petitionares sight and directione As also to impoure the petitionar to Grant ane Commisione to […] to uplift so much of the vaccand stippand of the said paroch of Kypen as is yet in the hands of the persones Lyable in payment therof and to applye the same for pious uses in the termes of the act of parliament and to ordaine letters of horning to be raised att the petitioneres instance. against the said factores and other persones Lyable in payment of the said vaccant stipends The Lords of his majesties privie councill Haveing considered the petitione Given in to them upon the day and dait of thir presents Be the said petitionar, They Doe heirby grant uarrand to the petitionar to Call the above mentioned Robert Grahame and Mr Uilliam Leckey to ane accompt and Reckoning of the writtine vaccant stippands and to discharge them upon their instructing that uhat is disbursed by them of their collectione uas applyed for pious uses in the termes of the commissiones mentioned in the Bill and alloues the money yet in their hands to be applyed for the uses specified in the bill att sight and directione of the said petitionar and the saids Lords of his majesties privie councill Doe heirby Impoure the said petitionar to Grant commission to Uilliam Cunninghame of Boquhane factor to uplift so much as the vaccand Stippand of the paroch of Kippen as is yet in the hands of the persones lyable in payment therof and to applye the same for pious uses in the termes of the act of parliament And ordaines lettares of horning to be raised att the instance of the sad petitionar and the said factor against the persones lyable in payment of the said vaccant stippands conforme to the decreit of Locality upon Fifetine dayes in forme as effires and letters att the instance of the said petitionar against the saids factores upon their respective Bands for makeing them compt and Reckone for uhat they hade intromitted uith and uplifted of the saids vaccant Stippands

Att Edinburgh The Fyfetin day of Jully One thousand Sivenhundred and on years

D1701/7/151

Act

Act In favours of the Lady Cardross anent ane vacant stipend

Anent The petitione Given in and presented To the right honourable The Lord Chancellor and Lords of his majesties Privie counsell Be Catharine Lady Cardross Sheueth that wher the deceast Heny Lord Cardross the petitioners husband uas undoubted patrone of the paroches and kirks of Port and Kippen haveing destinated the vaccant stippands of the said paroches conforme to the laues and acts of parliament therannent And Granted commissione and factorie to James Campbell of Kerinoch to uplift the vaccant stippant of the said parroch of Port during the vaccancie therof to be uplifted for the uses forsaid as the said factorie of the dait the Eight day of September one thousand Sixhundred and nynty tuo yeares more fully beares To uhich factory the said James Campbell by the ordour and express consent of the said Henry Lord Cardross assigned Robert Grahame in Shanaquhill uith pouer to him to uplift the said vaccant stippend in stead of the said James Campbell as the assignatione of the dait the tenth and Tuentie seventh2 dayes of aprile one thousand sixhundred and nynty three years bears and the said Henry Lord Cardross haveing Lykeuayes impoured Mr Uilliam Leckie of Descheorss to uplift the vaccand stippands of the said Kirk of Kippen for the said uses for the cropts one thousand sixhundred and nynty and One tho if and sixhundred and nynty one to be applyed for repairing of the said church and Bridge in the said paroch conforme to the mortificatione and comissione therannent of the dait the thirtine day of October One thousand sixhundred and nynty three yeares And the said Robert Grahame and Mr Uilliam Leckey be uilling to compt uith the petitionar petitionar as factrix appointed by the Lords of Sessione For uplifting the rents of the estate of Cardross concerning the applicatione of the said vaccant Stippand for the uses Forsaid upon the petitionares Granting discharges to them after compt and reckning uhich the petitionar is uilling3 to doe uithout the Lords of his majesties privie counsell authority By Granting uarrand to the petitioner for that effect as also the petitionar being informed that ther is some pairt of the vaccand Stippand of the said paroch of Kippen since the cropts one thousand sixhunred and nynty and one thousand sixhundred and nynty one yeares uhich is not payable and still in the hands of the persones lyable in payment therof And therfor Craveing that the Lords of his majesties privie councill might be pleased to Grant uarrand to the petitionar to compt and Recken uith the said Robert Grahame and Mr Uilliam Leckie and to discharge them upon their instructing that uhat is disbursed by them of their Collectione is appleyed for pious uses in the termes of the Commissiones abovementioned and that the money yet in their hands may be appleyed for the uses forsaid att the petitionares sight and directione As also to impoure the petitionar to Grant ane Commisione to […] to uplift so much of the vaccand stippand of the said paroch of Kypen as is yet in the hands of the persones Lyable in payment therof and to applye the same for pious uses in the termes of the act of parliament and to ordaine letters of horning to be raised att the petitioneres instance. against the said factores and other persones Lyable in payment of the said vaccant stipends The Lords of his majesties privie councill Haveing considered the petitione Given in to them upon the day and dait of thir presents Be the said petitionar, They Doe heirby grant uarrand to the petitionar to Call the above mentioned Robert Grahame and Mr Uilliam Leckey to ane accompt and Reckoning of the writtine vaccant stippands and to discharge them upon their instructing that uhat is disbursed by them of their collectione uas applyed for pious uses in the termes of the commissiones mentioned in the Bill and alloues the money yet in their hands to be applyed for the uses specified in the bill att sight and directione of the said petitionar and the saids Lords of his majesties privie councill Doe heirby Impoure the said petitionar to Grant commission to Uilliam Cunninghame of Boquhane factor to uplift so much as the vaccand Stippand of the paroch of Kippen as is yet in the hands of the persones lyable in payment therof and to applye the same for pious uses in the termes of the act of parliament And ordaines lettares of horning to be raised att the instance of the sad petitionar and the said factor against the persones lyable in payment of the said vaccant stippands conforme to the decreit of Locality upon Fifetine dayes in forme as effires and letters att the instance of the said petitionar against the saids factores upon their respective Bands for makeing them compt and Reckone for uhat they hade intromitted uith and uplifted of the saids vaccant Stippands

1. NRS, PC2/28, 113r-114r.

2. The word ‘Tuentie’ has been corrected from an earlier word, while ‘seventh’ is an insertion.

3. Sic. Recte ‘unwilling’.

1. NRS, PC2/28, 113r-114r.

2. The word ‘Tuentie’ has been corrected from an earlier word, while ‘seventh’ is an insertion.

3. Sic. Recte ‘unwilling’.

Act, 15 July 1701, Edinburgh

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Att Edinburgh The Fyfetin day of Jully One thousand Sivenhundred and on years

D1701/7/141

Act

Act the Lady Elchicheills for ane aliment

Anent The petitione Given and presented to the Lord high Chancellor and Lords of his majesties privie councill Be Sophia Johnstoune relict of the deacest John Johnstoune of Elshasheells and nou spouse to Thomas Barklay late of Hiltoune sheueth That uherby Contract of marraige of the petitionares first husband the petitionar as provyeded2 to and secund in ane anualrent of Five hundred merks out of the first and readiest rents of Eshkie and Shaw Extending to one thousand merks yearly and the petitioners present husband haveing also secured the petitionar in ane competent provision out of his estate he hath pairtly through his imprudence pairtly through his Intemperance3 hes rendred all thir provisiones Elusory in favoures of the petitionar out of prejudice against the petitionar for opposeing his desolut courses and so pairtly by true debts, pairtly by simulate debts and our Creditors collusione uith the petitioners first husbands heir and tenents in the petitionars Lyferent Lands And the petitioner could not recover ane fardine therof for her oun and Childrens sustentione whery the petitioner is brought to such a sterveing Conditione as oblidges her to have recourse to the Lords of his majesties privie councill uho are The sanctuary of the poor when they are distressed And defrauded so farr to Relive them as to seale ane aliment upon them out of their oun meanes whrin none can by prejudged, But only the poor and oppressed Enjoy the benefite of your Lordships patrocie And protectione Especially in this caice wher the petitioner is brought to such extream povertie that as the petitioner hath no meanes to pursue for ane aliement so the petitioner and her Children Their sterveing Conditione hath no hath no patience to uait the event of a teadious process Qua ventur non patitur moras And therfor Craveing that it might please the saids Lords of Councill and Sessione In contemptatione of the premisses out of compassione to the petitioner and her children ther distress and sterveing conditione to modifie ane Aliment of Four hundreth merks out of the petitioners oun Lyferent lands to be payed to the petitioner be Alexander Johnstoune of Elshasheells Heir and sone to the petitioners first husband and his tenents of the said petitioner her lyfrent Lands of Esbie and Shaw; to the said petitioner and that as the petitionars aliment for the tyme bygone and endeavours letters of horning And others needfull to be direct theron And alloues the said Alexander Johnstoune to see and ansuear this petitione as to the petitionares aliment in tyme comming And the saids Lords of his majesties privie counsell upon the day and dait of their presents Haveing again considered the petitione Given in to them by the said designed petitioner and ansueares Made therto for Johnstoune non of Elshaheills sone to the petitionares first husband they Heirby remmitt the petitioner to pursue befor judge ordinary for her aliment in tyme comming via ordinarie as accords

Att Edinburgh The Fyfetin day of Jully One thousand Sivenhundred and on years

D1701/7/141

Act

Act the Lady Elchicheills for ane aliment

Anent The petitione Given and presented to the Lord high Chancellor and Lords of his majesties privie councill Be Sophia Johnstoune relict of the deacest John Johnstoune of Elshasheells and nou spouse to Thomas Barklay late of Hiltoune sheueth That uherby Contract of marraige of the petitionares first husband the petitionar as provyeded2 to and secund in ane anualrent of Five hundred merks out of the first and readiest rents of Eshkie and Shaw Extending to one thousand merks yearly and the petitioners present husband haveing also secured the petitionar in ane competent provision out of his estate he hath pairtly through his imprudence pairtly through his Intemperance3 hes rendred all thir provisiones Elusory in favoures of the petitionar out of prejudice against the petitionar for opposeing his desolut courses and so pairtly by true debts, pairtly by simulate debts and our Creditors collusione uith the petitioners first husbands heir and tenents in the petitionars Lyferent Lands And the petitioner could not recover ane fardine therof for her oun and Childrens sustentione whery the petitioner is brought to such a sterveing Conditione as oblidges her to have recourse to the Lords of his majesties privie councill uho are The sanctuary of the poor when they are distressed And defrauded so farr to Relive them as to seale ane aliment upon them out of their oun meanes whrin none can by prejudged, But only the poor and oppressed Enjoy the benefite of your Lordships patrocie And protectione Especially in this caice wher the petitioner is brought to such extream povertie that as the petitioner hath no meanes to pursue for ane aliement so the petitioner and her Children Their sterveing Conditione hath no hath no patience to uait the event of a teadious process Qua ventur non patitur moras And therfor Craveing that it might please the saids Lords of Councill and Sessione In contemptatione of the premisses out of compassione to the petitioner and her children ther distress and sterveing conditione to modifie ane Aliment of Four hundreth merks out of the petitioners oun Lyferent lands to be payed to the petitioner be Alexander Johnstoune of Elshasheells Heir and sone to the petitioners first husband and his tenents of the said petitioner her lyfrent Lands of Esbie and Shaw; to the said petitioner and that as the petitionars aliment for the tyme bygone and endeavours letters of horning And others needfull to be direct theron And alloues the said Alexander Johnstoune to see and ansuear this petitione as to the petitionares aliment in tyme comming And the saids Lords of his majesties privie counsell upon the day and dait of their presents Haveing again considered the petitione Given in to them by the said designed petitioner and ansueares Made therto for Johnstoune non of Elshaheills sone to the petitionares first husband they Heirby remmitt the petitioner to pursue befor judge ordinary for her aliment in tyme comming via ordinarie as accords

1. NRS, PC2/28, 112r-113r.

2. The words ‘as provyeded’ are written over an earlier scratched out word.

3. The words ‘his Intemperance’ are an insertion.

1. NRS, PC2/28, 112r-113r.

2. The words ‘as provyeded’ are written over an earlier scratched out word.

3. The words ‘his Intemperance’ are an insertion.

Petition, 15 July 1701, Edinburgh

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Att Edinburgh The Fyfetin day of Jully One thousand Sivenhundred and on years

D1701/7/131

Petition

Petition Francis Scott against Rutherford of Fairniton read and refused

Annent The petitione Given in and presented to the Lord high Chancellor and Lords of his majesties most honourable privie coucnill Be Francis Scot ane of the Gentlemen of his majesties horse Guards Sheueth that uher It being pretended that the shyre of Roxburgh uas deficient in payment of the Supplie and Excyse payable out of the said shyre Sir James Osuald of Fingletoune and James Dunlope late tacksman of the said excyse and supplie Granted tuo ordares and commmssione to your petitioner in august the Fyftine one thousand and sivenhundred yeares The one for the soume of Eight hundred and fifty eight pound Eleven shilling and four pennies scots preceeding November One thousand six hundred and Eighty four subscribed by the said Sir James and direct for the petitioner and the Other for the soume of One hundred and tuenty five pound thirtine shilling and ane pennie money forsaid preceeding Candlemes one thousand six hundred and nynty one years subscribed by the said Sir James Osuald and James Dunlop also direct for the petitioner to quarter uith ane party under his Command upon the commissionares of the said shyre ay an uhile they should make payment of their deficiences and be vertue of the saids tuo orders the said petitioner accordingly uent uith the said partie and intimated them to the commissionars of the said shyre by way of instrument upon the Eightine day of august one thousand and seven hundred yeares att Jedburgh uher the petitioner continoued for the space of thirty five dayes and he receiveing noe free quarters nor quartering money, Did upon the second day and year forsaid poynd and appryse ane horse from George Rutherfoord of Fairmingtoune one of the saids present commissioners att three pound sterling valow as the said couprysement heir uith produced Notuithstanding uherof the petitioner uas necessitate to continou ther untill the tuenty fourth day of September therafter that he got ordours to Remove from the said shyre uhich to ordours of Removeall are lyeing in the shirriff clerk of tiwiodeall his handes, and the petitionar being considerable out of pockit by payeing his pairty uhich he took along uith him for uplifting the said deficiencies uent to Mr Thomas Steill shirriff depute of the said shire and requyred quartering and rydeing money for thirty five dayes att a Croun per day being in haill the soume of one hundred and Five pound scots which is verry usuall in such Caices he absolutely refused wherupon the petitionar protested and took instruments against him and the whole present commisionars of the said fsaid shyre that they or the said Sir James Osuald and James Dunlope might be Lyable to him for the Remead of Law as the said instrument of the dait forsaid heiruith produced and the said George Rutherfoods procured ane ordour from the Lords of his majesties privie counsell appointing the petitioner aither to Restore the said horse or ten pound sterling therfor and the petitioner haveing failed therin he obtained Letters of Captione and therupon Incarcerated the petitionar upon the tuenty day of February last in the Tolbooth of Edinburgh uher he hes been ever since Lyeing and nou is under bond and Cautione to present himself uhen Called for And seeing uherin the petitioner hath acted in this matter uas exactly conforme to the saids tackmens ordoures And Therfor Humbly Craveing that it might please the saids Lords of his majesties privie counsell uould Fake the premises to their serious consideratione and appoynt the said James Dunlope nou only a lyfe and the representatives of the said James Osuald To repair the petitionar not only of the quartering and Reyding money amounting to the soume abovementioned ane pairt uherof allready laid out be the petitionar to the said pairty that uent under his command for uplifting the saids deficiences) 2 But also to repair the petitioner of the loss and expencess he sustained be his four months and ane halfe incarceratione and the tolbooth deues all his out comming uhen he Granted bond of presentatione and all through the said tacksmen their ordoures as uill appear by ane accompt heruith produced uill testifie The Lords of his majesties privie counsell Haveing Heared the writtine petitione read in their presence they allou James Dunlop and the aires and Representatives of Sir James Osuald to be his majesties Generall Recivers To see and ansuear the same, The saids Lords of his majesties privie counssell upon the Day and dait of thir presents Haveing considered the forsaid petitione Given In to them to them by the petitioner and ansueares made therto for James Dunlope and the Representatives of the deceast James Osuald They have Refused and heirby Refuses the desyre of the bill Given in for the said petitionar

Att Edinburgh The Fyfetin day of Jully One thousand Sivenhundred and on years

D1701/7/131

Petition

Petition Francis Scott against Rutherford of Fairniton read and refused

Annent The petitione Given in and presented to the Lord high Chancellor and Lords of his majesties most honourable privie coucnill Be Francis Scot ane of the Gentlemen of his majesties horse Guards Sheueth that uher It being pretended that the shyre of Roxburgh uas deficient in payment of the Supplie and Excyse payable out of the said shyre Sir James Osuald of Fingletoune and James Dunlope late tacksman of the said excyse and supplie Granted tuo ordares and commmssione to your petitioner in august the Fyftine one thousand and sivenhundred yeares The one for the soume of Eight hundred and fifty eight pound Eleven shilling and four pennies scots preceeding November One thousand six hundred and Eighty four subscribed by the said Sir James and direct for the petitioner and the Other for the soume of One hundred and tuenty five pound thirtine shilling and ane pennie money forsaid preceeding Candlemes one thousand six hundred and nynty one years subscribed by the said Sir James Osuald and James Dunlop also direct for the petitioner to quarter uith ane party under his Command upon the commissionares of the said shyre ay an uhile they should make payment of their deficiences and be vertue of the saids tuo orders the said petitioner accordingly uent uith the said partie and intimated them to the commissionars of the said shyre by way of instrument upon the Eightine day of august one thousand and seven hundred yeares att Jedburgh uher the petitioner continoued for the space of thirty five dayes and he receiveing noe free quarters nor quartering money, Did upon the second day and year forsaid poynd and appryse ane horse from George Rutherfoord of Fairmingtoune one of the saids present commissioners att three pound sterling valow as the said couprysement heir uith produced Notuithstanding uherof the petitioner uas necessitate to continou ther untill the tuenty fourth day of September therafter that he got ordours to Remove from the said shyre uhich to ordours of Removeall are lyeing in the shirriff clerk of tiwiodeall his handes, and the petitionar being considerable out of pockit by payeing his pairty uhich he took along uith him for uplifting the said deficiencies uent to Mr Thomas Steill shirriff depute of the said shire and requyred quartering and rydeing money for thirty five dayes att a Croun per day being in haill the soume of one hundred and Five pound scots which is verry usuall in such Caices he absolutely refused wherupon the petitionar protested and took instruments against him and the whole present commisionars of the said fsaid shyre that they or the said Sir James Osuald and James Dunlope might be Lyable to him for the Remead of Law as the said instrument of the dait forsaid heiruith produced and the said George Rutherfoods procured ane ordour from the Lords of his majesties privie counsell appointing the petitioner aither to Restore the said horse or ten pound sterling therfor and the petitioner haveing failed therin he obtained Letters of Captione and therupon Incarcerated the petitionar upon the tuenty day of February last in the Tolbooth of Edinburgh uher he hes been ever since Lyeing and nou is under bond and Cautione to present himself uhen Called for And seeing uherin the petitioner hath acted in this matter uas exactly conforme to the saids tackmens ordoures And Therfor Humbly Craveing that it might please the saids Lords of his majesties privie counsell uould Fake the premises to their serious consideratione and appoynt the said James Dunlope nou only a lyfe and the representatives of the said James Osuald To repair the petitionar not only of the quartering and Reyding money amounting to the soume abovementioned ane pairt uherof allready laid out be the petitionar to the said pairty that uent under his command for uplifting the saids deficiences) 2 But also to repair the petitioner of the loss and expencess he sustained be his four months and ane halfe incarceratione and the tolbooth deues all his out comming uhen he Granted bond of presentatione and all through the said tacksmen their ordoures as uill appear by ane accompt heruith produced uill testifie The Lords of his majesties privie counsell Haveing Heared the writtine petitione read in their presence they allou James Dunlop and the aires and Representatives of Sir James Osuald to be his majesties Generall Recivers To see and ansuear the same, The saids Lords of his majesties privie counssell upon the Day and dait of thir presents Haveing considered the forsaid petitione Given In to them to them by the petitioner and ansueares made therto for James Dunlope and the Representatives of the deceast James Osuald They have Refused and heirby Refuses the desyre of the bill Given in for the said petitionar

1. NRS, PC2/28, 110v-112r.

2. Opening bracket missing.

1. NRS, PC2/28, 110v-112r.

2. Opening bracket missing.

Decreet, 15 July 1701, Edinburgh

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Att Edinburgh The Fyfetin day of Jully One thousand Sivenhundred and on years

D1701/7/121

Decreet

Decreet the Magistrats of Glasgow against Walkingshaw of Barrowfeild

Anent the Lybell or letters of Complent purchased and raised befor the Lors of his majesties privie counsell att the Instance of Robert Greenlies one of the toune officers of Glasgow And Robert Yuill ane of the bailies ther In behalf of the said burgh uith concourse of Sir James Steuart his majesties advocate for his hignes intrest in the matter underurittine Makeing mentione That wher by the laues of this and all other ueill governoued Realmes all men ought to live peacablie and keep the peace uithout Injury insulting or beating any persone or raiseing Tumoults or Contimationes contrary to the Law and particularly by the act of parliament Queen Mary Cap: Eighty three it is statute that none make privie conventiones and put on armour uithin burgh uithout the magistrats Licence And by the act of parliament James the sixth parliament Eighteen Cap: Siventeen the said prior act is ratified, and it is Farder statute that non Convocate or assemble uithin burgh Except they have Licence of the magistrats and that they doe nothing against the acts of parliament and Quiet of the burgh and all the Inhabitants of Burghs are ordained to assist the magistrats and ther2 officers For the suppressing of of Tumults under the pain to be punished as Fosterers of the saids tumults Nevertheless It is of verity that a pairt of our Forces Collonell Hamiltounes Redgement being quartered att Glasgou and ordered to Remain In ordour to their transportatione Conforme to our commands and it being necessary to furnish them uith baggage horses, The said Robert Yuill bailie Did upon the tuenty sixth day of march Last send some of the toune officers to provyde horses for the end forsaid conforme to the act of parliament which officers haveing betuixt Eight and ten att night Found tuo horses in the stable of one Hugh Hamiltoune and goeing to secure them for the forsaid service the people of the house closed the foirgate to stope them from so doeing, and all the sametyme John Ualkingshaw of Barrofield came to the place and Immediatly drew his suord and beat doun the said Robert Greenlies toune officer and uounded him uith his suord upon the syde of his head neer to the eye and gave him many strokes uith his suord and plumet therof and holding the poynt of his suord to his suord3 to his breast while he uas lyeing on the Ground threatned to kill him and that uithout any provocatione But upon the accompt forsaid allenarly Lykeas he suore maney terrible oaths especialy by the blised name of God that he should stick the dog And haveing brought the said tuo horses out of the stable to the Cross the said Barroufield uent to the street uith his suord drauen and suearing still maney dreadfull Oaths as by the uounds of God he cryed severall tymes to the ouners of the horse the dog And therby Convocate and gathered a great head a great many people and when the horseuer Brought furth he caused one to lead them befor him and marching uith his drauen suord after them Carried them out of the port to the great disorder of the Burgh contempt of the magistrats and scandell of the whole neighbourhead, off uhich unuarrantable oppositione To The magistrats Magistrats4 Commands Beating and blooding the toune officer suearing and prophaning the name of God and5 raisseing ane Rable and tumult uith ane naked suord in hand, the said John Walkenshaw is airt and pairt of one or other of the saids crymes uhich being tryen and proven befor the Lords of his majesties privie councill He ought to be Decerned in the soume of […] of Damnadges and also Furder punished for the forsaid ryot and tumult and manifast opostione to the magistrats In his majesties service In his persone and goods By decreet of the Lords of his majesties privie counsell to the exemple and terror of others to committ the lyke in tyme comming And Annent the Charge Given to the said Defender to have compeared befor the saids Lords of his majesties privie councill att ane certaine Day bygone to ansuear to the forsaid complaint And to thave heared and sseen such ordaour and Course taken theranent as appertained uith Cerficatione as in the principall lybell or Letters of complaint raised in the said matter uith the Executiones therof att mair lenth is Contained And Sicklyk anent the Lettares of Reconventione purchased and Raised befor the saids Lords of his majesties privy councill att the instance of the saids John Walkenshaw of Baroufield Robert Turner Richard Greenlies James Greenlies John Armerer Uilliam Mairtine Thomas Greins and David Uatsone tenents to the said John Ualkenshaw of Barroufield uith concourse of Sir James Steuart his majesties advocate for his majesties6 intrest In the matter underurittine Makeing Mentione that uher By the Rules of Society Laues constitutione and practises of this and all other ueill governed nationes and kingdomes all necessary Burdens and impositiones are laid on and Exacted by ane Equall proportione so that every member of the Society Residenter and subject in the kingdome may bear ane equall share and that no man be oppressed But every one bear ane Equall Burden As also by the good and uholsome Laues and acts of parliament Ratifieing and confirming the act of parliament One thousand sixhundred and Eighty one yeares, The act of privie Councill dated the fourtine day of Febry one thousand six hundred and nynty three yeares It is theirby statute and ordained that uhen it shall be necessar That the armey have use for baggage horses for transporting their baggage from place to place, That the armey or pairty haveing7 use for the said baggage horse be in a Burgh That the horse be umployed and made use of By the ordor of the commander and the magistrats of the Burgh joyntly and uher the horses are furnished and made use of in Launduart by order of the commander and of the commissioners of Supplie uithin the shire Lykeas by the nynth act of this seventh sessione of this our current parliament quartering of souldiers The forsaid act is confirmed and just and equall methods laid doun and penulties determined against those uho shall be guilty In the matter and therby Declaired that the same Executione shall Be Granted for Carriages as for quartering as Also By the Fourty Fifth Chapter parliament the second James the First It that all judges Doe and execute the law evenly and By the seventeen Chapter parliament the Sixth8 James the second it is statute that all officers uillfully tresspassing in their offices shall tyne the same for year and Day and by the Forsaid act of privie councill confirmed by act of parliament as aforsaid It is statute that ther Ther9 shall be payed of hyre for each horse one shilling six pennies for each myle and it shall Be laufull to keep any mans horse longer then Day Lykeas By the act of the last Sessione of parliament Anent the Security of the persones of our Leidges It is statute that no man be impresond uithout condescending upon and speciall and particular Cryme and that no persone be keept and detained in prisone after sufficient Baill and Cautione is offered for presenting the said persone to abyde and underlye the Law and that under the penalty contained in the said act as also by the law and practiques of this kingdome the spulzieing and masterfully auay taking of pleugh horse in tyme of Labouring is a Crime of a high nature and severly punishable Nevertheless It is of verity John Andersone of Dovehill provost of Glasgow Robert Yooll John Aird elder and John Uoodrop Bailies of the said burgh or one or other of them shakeing off all fear of God obedience and regaird to his majestie and his government and the laues and acts of parliament of this his majesties kingdome and the Rules of Christianity and Society the forsaid persones or ane or other of them Conceaveing a deadly prejudice malice heatred and envy against the said John Ualkenshaw of Barroufield and his tenents and Snatching all occasiones and oppertunities for oppressing the saids complainers Did upon one or other of the dayes of march last by past uhen the Redgement of foot under the Command of Collonell George Hamitloune uas to march from Glasgou and uhen applicatione uas made by the officers of the said Redgement Redgement10 three dayes befor their march that they hade need of sixteen horses for transporting their Ladies and baggadge the said John Anderssone and the other defendar albeit all that tyme ther uas ther thirty common Cairtners and ane hundred hyreing horses uhich uere constantly Imployed in such services Did cause give advertisment to the common Cairtners and horse hyrers to keep their horses out of the uay the day uhen11 the redgement uas to march and wheras the defendars ought to have proportioned the number of the horse and appointed the Cairters and horse hyrers to have been in Radienes But in stead therof the said defenders or ane or other of them did send to the complainers lands uhile his and his tenents horses uere plouing and in the harroues Albeit the complainers lands lyes not uithin the jurisdictione of the magistrats of Glasgou and Did unjustly unuarantaby and oppressfully take auay fourteen of the complainers and his tenents horses uheras the Regement hade only use for Sixteen and did pass by the common Cairterers and horse hyrers of the toune of Glasgow uhose only trade and Imployement it is to furnish Cairts and horses for transporting persones and baggages and as a farder evidence of the saids defenders their acts of oppressione, they hounde out and gave warrand to three toune officers upon one or other of the dayes of march last uho came under cloud of night att Eleven aclock uho broke open the doores of Richard Greenlies and Hugh Hamiltoune tuo for the complainers tenents houses uhale they uere in their beds and dragged them out of their beds and seased their horses and secured them in other stables for the space of tuo nights to the great prejudice of the horses and the tenents their labouring the seed lyeing one the Ground unharroued as also John Bonnar one of the complainers tenents Haveing his horses pleuing some land Belonging to John Luke Dovehills brother in Law uas excused from carrieing any of the Baggage But uhen after the Redgement uas marched and no more use for Baggage horses It uas told Dovehill that the said John Bonar uas one of the complainers tenents the said Jojhn uas committed to prisone untill he should furnish horses albeit ther uas no use for them as also the said Robert Yooll one of the bailies haveing Called David Watsone one of the complainers tennents to furnish horse for carrieing the baggage of the said Regement uere hyred by his master Barroufield and drauing in his masters pleugh Nevertheless the said Robert Yooll Bailie Did most urongously and unjustly commit the said David Uatsone to prisone untill he should furnish tuo horses upon his oun expenceses and continoued the said David in prisone albeit the complainer his master offered to beall him in the termes of the act of parliament as uill appear by instruments taken therupon Lykeas the complainers tennents horses being so masterfully pressed uere by the directione of the saids defendars carried not only to Kilsyth the first dayes jurney But Lykeuayes to Falkirk contrary to the act of parliament and express use and practiques in the Lyke caices, and uhen the tennents Cairts and horses uer returned In stead of recveing three pounds Scots for each Court as constant use is use is Ther uas no more given to them But tuo shilling sterling By all uhich It is evident that the said John Andersone and others who complained upon are guilty of manifast oppressione Injustice and Crooked judgement and of the breach of the rules and Laues of Society and of the acts of parliament and constitutiones of this and all other ueell governed nationes uhich being proven the fornamed persones and ilk ane of them ought not only to be Decerne to make up and repair the damnadges and losses sustained by the said complainers and his tenents and to pay the penalties and fynes contained in the acts of parliament anent wrongous imprisoment and to lose and tyne their offices of magistrats In not judgeing evenly But also farder punsihed in their persones and goods to the terror of others to doe the lyke in tyme comming And Anent The Charge given to the fornamed persones defendars to have compeared befor the Lords of his majesties privie to unsell att ane certaine day bygone to have heared and Ansuered12 to the forsaid complaind and to have heared and seen such order and course taken13 therannent as appertaining uith certificatione as in the principall lybell Reconventione and executiones therof Raised in the said matter att mair lenth is contained, And the Lybell of Reconventione the said Ualkenshaw of Barroufield Robert Turner and others his tenents against the pursuar in the principall lyble and other tuo of the magistrats of Glasgow viz John Aird elder and John Uodrop tuo principall Bailies being called the said Robert Greenlies and the said Bailie Yooll pursuares in the principall lybell and tuo of the defenders in the reconventione Compearing personaly and the said John Aird and John Uoodrope bailies being oft tymes called and not compearing Compeared Sir Alexander Home Sir David Dalrymple Mr Uilliam Carmichaell Mr Robert Steuart mr Francis Grant And Mr John Fergusone advocats for the defenders In the Reconventione, the first tuo of uhich are pursuars in the principall lybell, And the said Walkenshaw of Barroufield pursuar in the Reconventione and defender in the principall lybell Compearing personally uith Mr David Cunninghame Mr David Forbes, and Mr James Falconer and Mr James Hamiltoune Both lybles being read uith ansuears made to each of14 them By aither pairty respective And the saids Lords Haveing considered the saids Respective Lybells and ansueares therto and both pairties laueres being fully heared att the councill Barr they sustain both Lybles and admitts them to aither pairties probatione and the saids Lords Have excused and heirby excuses the Absence of the said John Aird elder and John Uardrop tuo of the present Bailies of Glasgow for their not Compearance, The, said John Andersone of Douhill present provost of Glasgow and the said Robert Yuill one of the present bailies therof personally Compearing and Inacting themselves in the books of his majesties privie counsell that the said John Aird and John Uardrope the tuo absent defenders shall obtemper and fullfill uhatsomever shall be determined or decerned by the saids Lords of his majesties privie Councill and the saids tuo absent bailies and the15 uitneses cited or being absent as marked in the Rolls haveing made faith all the Councill16 Barr the saids Lords nominats and appoynts, the Earle of Leven Lord Boyll Lord thesaurer deputt and justice Clerk Mr Francis Montgomry and the provost of Edinburgh to be a Comitty for examining of the saids uitneses Reserveing all objectiones uhich may be made against them to be proponed and Discussed against them Befor17 the said Commitie and declaires any tuo of them to be a sufficient quorum and recommends to them to meet the tuenty Fyfth day of Jully instant att ten in the forenoon and Grants Farder dilligence by Captione against the absent uitnesses in aither of the saids proceses and assignes the […] day of […] For18 doeing of the said farder dilligence Therafter The said action being moved upon the tenth day of Jully instant the Lords of his majeties privie councill Added the Earle of Melvill president of privie councill and the Marques of Annandale to the Committie allready appointed by his majesties privie Council upon the tuenty fourth of June last by past in the mutuall proces betuixt Robert Greenlies and Bailzie Yooll against Ualkenshaw of Barroufield et etc contra and continues the quorum of the said committie to be any tuo as formerly and recommended to the said committie to endeavour To19 settle and agree20 the Same to prepair the process and put it in such caice as it may be advysed by his majesties privie councill att their nixt meeting and recommended to the said committie to meet the eleventh jully instant att ten in the foornoon And accordingly the said commity haveing met upon the eleventh of Jully instant they made the report as folloues Committie anent process Greenlies and toune of Glasgou against Barroufield Sederunt Lord Marques of Annandale Lord Boyll Lord Justice Clerk and Mr Francis Montgomry Marques of Annandale ereceted preces, The committie haveing called both pairties Compeared Dowhill present provost of Glasgou for the toune therof and Barroufield compearing personaly for himself and the rest of the persuares in his proces, The committie finding a uillingness in both pairties to agree, They appointed Barroufield to Crave the provost pardon in name of toune and recommended to Barroufield to live peaceably as a good neighbour uith the toune of Glasgou in all tyme comming and the toune of Glasgou to Live in the same termes uith him In token wherof the provost and Barroufield did shake hands in presence of the committie and Barroufield att the committies command did Crave pardon of Douhill in name of the toune of Glasgow, and the Toune of Glasgou haveing in Ane accompt of the Expenceses of their proceses befor the committie against Barroufield Extending to Four hundred and Eightie one pounds Eleven shilling Scots the committie modified the said accompt to Tuenty pounds sterling and Decerned Barroufield to make payment of the same to the toune of Glasgow, and the [town] of Glasgou to make payment of the officers and uitnesses expencess out of the samen then modified and the committie Discharges the process on both sydes and declaires the same to be let fall as the said report Beares, The Lords of his majesties privie counsell upon the dait heirof Haveing Considered the writtine report of the Committie appoynted in the mutuall process att the instance of Robert Greenlies and Robert Yooll against […] Walkenshaw of Barroufield et etc: contra they have approven and heirby approves therof and interpones their decreit of authority therto and ordaines letters of horning on Fyfeteen dayes and others needfull to be direct heron informe as effeires

Att Edinburgh The Fyfetin day of Jully One thousand Sivenhundred and on years

D1701/7/121

Decreet

Decreet the Magistrats of Glasgow against Walkingshaw of Barrowfeild

Anent the Lybell or letters of Complent purchased and raised befor the Lors of his majesties privie counsell att the Instance of Robert Greenlies one of the toune officers of Glasgow And Robert Yuill ane of the bailies ther In behalf of the said burgh uith concourse of Sir James Steuart his majesties advocate for his hignes intrest in the matter underurittine Makeing mentione That wher by the laues of this and all other ueill governoued Realmes all men ought to live peacablie and keep the peace uithout Injury insulting or beating any persone or raiseing Tumoults or Contimationes contrary to the Law and particularly by the act of parliament Queen Mary Cap: Eighty three it is statute that none make privie conventiones and put on armour uithin burgh uithout the magistrats Licence And by the act of parliament James the sixth parliament Eighteen Cap: Siventeen the said prior act is ratified, and it is Farder statute that non Convocate or assemble uithin burgh Except they have Licence of the magistrats and that they doe nothing against the acts of parliament and Quiet of the burgh and all the Inhabitants of Burghs are ordained to assist the magistrats and ther2 officers For the suppressing of of Tumults under the pain to be punished as Fosterers of the saids tumults Nevertheless It is of verity that a pairt of our Forces Collonell Hamiltounes Redgement being quartered att Glasgou and ordered to Remain In ordour to their transportatione Conforme to our commands and it being necessary to furnish them uith baggage horses, The said Robert Yuill bailie Did upon the tuenty sixth day of march Last send some of the toune officers to provyde horses for the end forsaid conforme to the act of parliament which officers haveing betuixt Eight and ten att night Found tuo horses in the stable of one Hugh Hamiltoune and goeing to secure them for the forsaid service the people of the house closed the foirgate to stope them from so doeing, and all the sametyme John Ualkingshaw of Barrofield came to the place and Immediatly drew his suord and beat doun the said Robert Greenlies toune officer and uounded him uith his suord upon the syde of his head neer to the eye and gave him many strokes uith his suord and plumet therof and holding the poynt of his suord to his suord3 to his breast while he uas lyeing on the Ground threatned to kill him and that uithout any provocatione But upon the accompt forsaid allenarly Lykeas he suore maney terrible oaths especialy by the blised name of God that he should stick the dog And haveing brought the said tuo horses out of the stable to the Cross the said Barroufield uent to the street uith his suord drauen and suearing still maney dreadfull Oaths as by the uounds of God he cryed severall tymes to the ouners of the horse the dog And therby Convocate and gathered a great head a great many people and when the horseuer Brought furth he caused one to lead them befor him and marching uith his drauen suord after them Carried them out of the port to the great disorder of the Burgh contempt of the magistrats and scandell of the whole neighbourhead, off uhich unuarrantable oppositione To The magistrats Magistrats4 Commands Beating and blooding the toune officer suearing and prophaning the name of God and5 raisseing ane Rable and tumult uith ane naked suord in hand, the said John Walkenshaw is airt and pairt of one or other of the saids crymes uhich being tryen and proven befor the Lords of his majesties privie councill He ought to be Decerned in the soume of […] of Damnadges and also Furder punished for the forsaid ryot and tumult and manifast opostione to the magistrats In his majesties service In his persone and goods By decreet of the Lords of his majesties privie counsell to the exemple and terror of others to committ the lyke in tyme comming And Annent the Charge Given to the said Defender to have compeared befor the saids Lords of his majesties privie councill att ane certaine Day bygone to ansuear to the forsaid complaint And to thave heared and sseen such ordaour and Course taken theranent as appertained uith Cerficatione as in the principall lybell or Letters of complaint raised in the said matter uith the Executiones therof att mair lenth is Contained And Sicklyk anent the Lettares of Reconventione purchased and Raised befor the saids Lords of his majesties privy councill att the instance of the saids John Walkenshaw of Baroufield Robert Turner Richard Greenlies James Greenlies John Armerer Uilliam Mairtine Thomas Greins and David Uatsone tenents to the said John Ualkenshaw of Barroufield uith concourse of Sir James Steuart his majesties advocate for his majesties6 intrest In the matter underurittine Makeing Mentione that uher By the Rules of Society Laues constitutione and practises of this and all other ueill governed nationes and kingdomes all necessary Burdens and impositiones are laid on and Exacted by ane Equall proportione so that every member of the Society Residenter and subject in the kingdome may bear ane equall share and that no man be oppressed But every one bear ane Equall Burden As also by the good and uholsome Laues and acts of parliament Ratifieing and confirming the act of parliament One thousand sixhundred and Eighty one yeares, The act of privie Councill dated the fourtine day of Febry one thousand six hundred and nynty three yeares It is theirby statute and ordained that uhen it shall be necessar That the armey have use for baggage horses for transporting their baggage from place to place, That the armey or pairty haveing7 use for the said baggage horse be in a Burgh That the horse be umployed and made use of By the ordor of the commander and the magistrats of the Burgh joyntly and uher the horses are furnished and made use of in Launduart by order of the commander and of the commissioners of Supplie uithin the shire Lykeas by the nynth act of this seventh sessione of this our current parliament quartering of souldiers The forsaid act is confirmed and just and equall methods laid doun and penulties determined against those uho shall be guilty In the matter and therby Declaired that the same Executione shall Be Granted for Carriages as for quartering as Also By the Fourty Fifth Chapter parliament the second James the First It that all judges Doe and execute the law evenly and By the seventeen Chapter parliament the Sixth8 James the second it is statute that all officers uillfully tresspassing in their offices shall tyne the same for year and Day and by the Forsaid act of privie councill confirmed by act of parliament as aforsaid It is statute that ther Ther9 shall be payed of hyre for each horse one shilling six pennies for each myle and it shall Be laufull to keep any mans horse longer then Day Lykeas By the act of the last Sessione of parliament Anent the Security of the persones of our Leidges It is statute that no man be impresond uithout condescending upon and speciall and particular Cryme and that no persone be keept and detained in prisone after sufficient Baill and Cautione is offered for presenting the said persone to abyde and underlye the Law and that under the penalty contained in the said act as also by the law and practiques of this kingdome the spulzieing and masterfully auay taking of pleugh horse in tyme of Labouring is a Crime of a high nature and severly punishable Nevertheless It is of verity John Andersone of Dovehill provost of Glasgow Robert Yooll John Aird elder and John Uoodrop Bailies of the said burgh or one or other of them shakeing off all fear of God obedience and regaird to his majestie and his government and the laues and acts of parliament of this his majesties kingdome and the Rules of Christianity and Society the forsaid persones or ane or other of them Conceaveing a deadly prejudice malice heatred and envy against the said John Ualkenshaw of Barroufield and his tenents and Snatching all occasiones and oppertunities for oppressing the saids complainers Did upon one or other of the dayes of march last by past uhen the Redgement of foot under the Command of Collonell George Hamitloune uas to march from Glasgou and uhen applicatione uas made by the officers of the said Redgement Redgement10 three dayes befor their march that they hade need of sixteen horses for transporting their Ladies and baggadge the said John Anderssone and the other defendar albeit all that tyme ther uas ther thirty common Cairtners and ane hundred hyreing horses uhich uere constantly Imployed in such services Did cause give advertisment to the common Cairtners and horse hyrers to keep their horses out of the uay the day uhen11 the redgement uas to march and wheras the defendars ought to have proportioned the number of the horse and appointed the Cairters and horse hyrers to have been in Radienes But in stead therof the said defenders or ane or other of them did send to the complainers lands uhile his and his tenents horses uere plouing and in the harroues Albeit the complainers lands lyes not uithin the jurisdictione of the magistrats of Glasgou and Did unjustly unuarantaby and oppressfully take auay fourteen of the complainers and his tenents horses uheras the Regement hade only use for Sixteen and did pass by the common Cairterers and horse hyrers of the toune of Glasgow uhose only trade and Imployement it is to furnish Cairts and horses for transporting persones and baggages and as a farder evidence of the saids defenders their acts of oppressione, they hounde out and gave warrand to three toune officers upon one or other of the dayes of march last uho came under cloud of night att Eleven aclock uho broke open the doores of Richard Greenlies and Hugh Hamiltoune tuo for the complainers tenents houses uhale they uere in their beds and dragged them out of their beds and seased their horses and secured them in other stables for the space of tuo nights to the great prejudice of the horses and the tenents their labouring the seed lyeing one the Ground unharroued as also John Bonnar one of the complainers tenents Haveing his horses pleuing some land Belonging to John Luke Dovehills brother in Law uas excused from carrieing any of the Baggage But uhen after the Redgement uas marched and no more use for Baggage horses It uas told Dovehill that the said John Bonar uas one of the complainers tenents the said Jojhn uas committed to prisone untill he should furnish horses albeit ther uas no use for them as also the said Robert Yooll one of the bailies haveing Called David Watsone one of the complainers tennents to furnish horse for carrieing the baggage of the said Regement uere hyred by his master Barroufield and drauing in his masters pleugh Nevertheless the said Robert Yooll Bailie Did most urongously and unjustly commit the said David Uatsone to prisone untill he should furnish tuo horses upon his oun expenceses and continoued the said David in prisone albeit the complainer his master offered to beall him in the termes of the act of parliament as uill appear by instruments taken therupon Lykeas the complainers tennents horses being so masterfully pressed uere by the directione of the saids defendars carried not only to Kilsyth the first dayes jurney But Lykeuayes to Falkirk contrary to the act of parliament and express use and practiques in the Lyke caices, and uhen the tennents Cairts and horses uer returned In stead of recveing three pounds Scots for each Court as constant use is use is Ther uas no more given to them But tuo shilling sterling By all uhich It is evident that the said John Andersone and others who complained upon are guilty of manifast oppressione Injustice and Crooked judgement and of the breach of the rules and Laues of Society and of the acts of parliament and constitutiones of this and all other ueell governed nationes uhich being proven the fornamed persones and ilk ane of them ought not only to be Decerne to make up and repair the damnadges and losses sustained by the said complainers and his tenents and to pay the penalties and fynes contained in the acts of parliament anent wrongous imprisoment and to lose and tyne their offices of magistrats In not judgeing evenly But also farder punsihed in their persones and goods to the terror of others to doe the lyke in tyme comming And Anent The Charge given to the fornamed persones defendars to have compeared befor the Lords of his majesties privie to unsell att ane certaine day bygone to have heared and Ansuered12 to the forsaid complaind and to have heared and seen such order and course taken13 therannent as appertaining uith certificatione as in the principall lybell Reconventione and executiones therof Raised in the said matter att mair lenth is contained, And the Lybell of Reconventione the said Ualkenshaw of Barroufield Robert Turner and others his tenents against the pursuar in the principall lyble and other tuo of the magistrats of Glasgow viz John Aird elder and John Uodrop tuo principall Bailies being called the said Robert Greenlies and the said Bailie Yooll pursuares in the principall lybell and tuo of the defenders in the reconventione Compearing personaly and the said John Aird and John Uoodrope bailies being oft tymes called and not compearing Compeared Sir Alexander Home Sir David Dalrymple Mr Uilliam Carmichaell Mr Robert Steuart mr Francis Grant And Mr John Fergusone advocats for the defenders In the Reconventione, the first tuo of uhich are pursuars in the principall lybell, And the said Walkenshaw of Barroufield pursuar in the Reconventione and defender in the principall lybell Compearing personally uith Mr David Cunninghame Mr David Forbes, and Mr James Falconer and Mr James Hamiltoune Both lybles being read uith ansuears made to each of14 them By aither pairty respective And the saids Lords Haveing considered the saids Respective Lybells and ansueares therto and both pairties laueres being fully heared att the councill Barr they sustain both Lybles and admitts them to aither pairties probatione and the saids Lords Have excused and heirby excuses the Absence of the said John Aird elder and John Uardrop tuo of the present Bailies of Glasgow for their not Compearance, The, said John Andersone of Douhill present provost of Glasgow and the said Robert Yuill one of the present bailies therof personally Compearing and Inacting themselves in the books of his majesties privie counsell that the said John Aird and John Uardrope the tuo absent defenders shall obtemper and fullfill uhatsomever shall be determined or decerned by the saids Lords of his majesties privie Councill and the saids tuo absent bailies and the15 uitneses cited or being absent as marked in the Rolls haveing made faith all the Councill16 Barr the saids Lords nominats and appoynts, the Earle of Leven Lord Boyll Lord thesaurer deputt and justice Clerk Mr Francis Montgomry and the provost of Edinburgh to be a Comitty for examining of the saids uitneses Reserveing all objectiones uhich may be made against them to be proponed and Discussed against them Befor17 the said Commitie and declaires any tuo of them to be a sufficient quorum and recommends to them to meet the tuenty Fyfth day of Jully instant att ten in the forenoon and Grants Farder dilligence by Captione against the absent uitnesses in aither of the saids proceses and assignes the […] day of […] For18 doeing of the said farder dilligence Therafter The said action being moved upon the tenth day of Jully instant the Lords of his majeties privie councill Added the Earle of Melvill president of privie councill and the Marques of Annandale to the Committie allready appointed by his majesties privie Council upon the tuenty fourth of June last by past in the mutuall proces betuixt Robert Greenlies and Bailzie Yooll against Ualkenshaw of Barroufield et etc contra and continues the quorum of the said committie to be any tuo as formerly and recommended to the said committie to endeavour To19 settle and agree20 the Same to prepair the process and put it in such caice as it may be advysed by his majesties privie councill att their nixt meeting and recommended to the said committie to meet the eleventh jully instant att ten in the foornoon And accordingly the said commity haveing met upon the eleventh of Jully instant they made the report as folloues Committie anent process Greenlies and toune of Glasgou against Barroufield Sederunt Lord Marques of Annandale Lord Boyll Lord Justice Clerk and Mr Francis Montgomry Marques of Annandale ereceted preces, The committie haveing called both pairties Compeared Dowhill present provost of Glasgou for the toune therof and Barroufield compearing personaly for himself and the rest of the persuares in his proces, The committie finding a uillingness in both pairties to agree, They appointed Barroufield to Crave the provost pardon in name of toune and recommended to Barroufield to live peaceably as a good neighbour uith the toune of Glasgou in all tyme comming and the toune of Glasgou to Live in the same termes uith him In token wherof the provost and Barroufield did shake hands in presence of the committie and Barroufield att the committies command did Crave pardon of Douhill in name of the toune of Glasgow, and the Toune of Glasgou haveing in Ane accompt of the Expenceses of their proceses befor the committie against Barroufield Extending to Four hundred and Eightie one pounds Eleven shilling Scots the committie modified the said accompt to Tuenty pounds sterling and Decerned Barroufield to make payment of the same to the toune of Glasgow, and the [town] of Glasgou to make payment of the officers and uitnesses expencess out of the samen then modified and the committie Discharges the process on both sydes and declaires the same to be let fall as the said report Beares, The Lords of his majesties privie counsell upon the dait heirof Haveing Considered the writtine report of the Committie appoynted in the mutuall process att the instance of Robert Greenlies and Robert Yooll against […] Walkenshaw of Barroufield et etc: contra they have approven and heirby approves therof and interpones their decreit of authority therto and ordaines letters of horning on Fyfeteen dayes and others needfull to be direct heron informe as effeires

1. NRS, PC2/28, 105v-110v.

2. Insertion.

3. Sic.

4. Sic.

5. Insertion.

6. Insertion.

7. The suffix ‘-ing’ is an insertion.

8. The words ‘the Sixth’ are as insertion.

9. Sic.

10. Sic.

11. Insertion.

12. Corrected from ‘seen’.

13. Insertion.

14. The words ‘each of’ are an insertion.

15. Insertion.

16. Insertion.

17. Written over an illegible word.

18. Written over an illegible word.

19. Written over an earlier word.

20. The words ‘and agree’ are an insertion.

1. NRS, PC2/28, 105v-110v.

2. Insertion.

3. Sic.

4. Sic.

5. Insertion.

6. Insertion.

7. The suffix ‘-ing’ is an insertion.

8. The words ‘the Sixth’ are as insertion.

9. Sic.

10. Sic.

11. Insertion.

12. Corrected from ‘seen’.

13. Insertion.

14. The words ‘each of’ are an insertion.

15. Insertion.

16. Insertion.

17. Written over an illegible word.

18. Written over an illegible word.

19. Written over an earlier word.

20. The words ‘and agree’ are an insertion.

Sederunt, 15 July 1701, Edinburgh

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Att Edinburgh The Fyfetin day of Jully One thousand Sivenhundred and on years1

D1701/7/112

Sederunt

Lord Chancellor; Marquis of Annandalle; Earl of Marr; Earl of Lothian; Earl of Northesk; Viscount Teviot; Lord Mountgomry; Lord president of Sessione; Lord Advocate; Lord Justice Clerk; Lord Philliphaugh; Lord Halcraig; Lord Phesdo; Mr Frances Mountgomry; Laird of Grant

Att Edinburgh The Fyfetin day of Jully One thousand Sivenhundred and on years1

D1701/7/112

Sederunt

Lord Chancellor; Marquis of Annandalle; Earl of Marr; Earl of Lothian; Earl of Northesk; Viscount Teviot; Lord Mountgomry; Lord president of Sessione; Lord Advocate; Lord Justice Clerk; Lord Philliphaugh; Lord Halcraig; Lord Phesdo; Mr Frances Mountgomry; Laird of Grant

1. NRS, PC2/28, 105v.

2. NRS, PC2/28, 105v.

1. NRS, PC2/28, 105v.

2. NRS, PC2/28, 105v.

Act, 10 July 1701, Edinburgh

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Att Edinburgh The Tenth Day of Jully One Thousand seven hundred and One yeares

D1701/7/101

Act

Act Captain William Drummond and Dischargeing his former sentence and takeing of the fyne

Anent The petitione given in and presented To the Lord high Chancellor and Lords of his majesties privie counsell Be Captaine William Drummond Sheueth That where in the proces and Complaint pursued att the instance of Mr James Byres against the petitioner In which ther uas probatione led by the said Mr James Byres uhich lay sometyme over unadvysed be the Lords of his majesties privie counsell, The said James not insisting, But the Lords of his majesties privie counsell Haveing advysed the probatione upon Tuesday the Eight instant hath found the Lybell proven and have fyned the petitioner in the soume of Five hundred merks, and ordained the petitioner to Crave the Lords of his majesties privie counsell pardon and the said Mr James Byres and deliver the petitioners persone to the Lords of his majesties privie Councill macers to be imprisoned During the saids Lords of his majesties privie counsell that if the petitioner hade knouen that the saids Lords uould have advysed the said probabatione upon Tuesday last he uould in all duty uaited att the saids Lords Barr to have recived their sentance and given all due Obedience therto But the truth uas the petitionar uas in the Country the tyme the saids Lords pronunced the said Sentance and so soon as the petitionar uas acquented theruith my Friends he did instantly come and did deliver his persone in obedience to the saids Lords sentance to […] Gordon one of the saids Lords macers and is accordingly in the tolbooth of Edinburgh, The petitioner did humbly accknouledge the justice of the saids Lords sentance, and altho he hade great provocatione yet he did not in the least pretend to justifie his proceedings and behaviour in that matter touards Mr Byres and the petitionar is verry uilling to obey the the2 saids Lords of his majesties privie counsell in begging the saids Lords ther most humble pardone for the offence given to their Lordships and the said Mr Byres as the saids Lords of his majesties privie counsell hade ordained uhich the petitionar ingeniously Confessed did proceed from ane excess of passione uherof he uas not att the tyme master and the petitioner uith all humility represented to the saids Lords of his majesties privie counsell his present Circumstances uhich uas certainly knouen to some of the honourable Boord that as the petitioner hade served his majesty faithfully ever since his happie accessione to the Thron For the redgement uher the petitioner hade served haveing Broke, any little thing that he hade served in the service uhile he hade comisione the petitioner did verry Frankly spend the samen In his majesties service as a volunteer in Flanders for tuo Campaigns so that the petitioner is uterly unable to apy any Fyne his circumstance being such that he is hardly able to subsist himself But Does depend upon his majesties Bounty and favour uhen he shall think fitt to imploy him again In his majesties service untill such tyme the petitioner hade no mean of Livelyhood the subsistance he hade from his majesties favour Being nou taken auay By a Generall ordour The petitioner also humbly Remembred the saids Lords of his majesties privie Councill that the samen Ryot uas pursued By the The fiscall of Edinburgh and the petitioner uas necessitat ther to compear and uas necessitate ther to compear3 and uas by the Bailies ordor imprisoned and fyned in ane hundred pound uhich the petitioner uas necessitate to streatch his credit to pay as appeares by a discharge from all uhich that the petitioner is unable to pay any pairt of the said fyne or to subject himself himself4 heir in prisone and the petitioner being extreamly sensable of the offence given The petitioner Did humbly beg and Intreat that the saids Lords uould consider his circumstances and cause call him to the saids Lords their Barr and accept of his acknouledgement in the termes of the saids Lords of his majesties privie counsells interloquitor and be graciously pleased to Discharge his said fyne and dset his persone att liberty as the said petitione bears, The Lords of his majesties privie counsell haveing considered the above urittine petitione Given in to them by the abovementioned Captain Uilliam Drummond and petitione for James Byres merchant in Edinburgh and haveing called both James Byres and Captaine Drummond to the councill Barr, the said petitioner Craved pardone of the councill for his offence against the Government and also craved pardone of the said James Byres for offending him and the saids Lords In Resect of the petitioners good service to his majesties goverment and that the petitioners is att present out of service and But in a mean conditione, Therfor the saids Lords have Recalled and heirby Recalls their interloquitor pronunced by the saids Lords on Tuesday last and have discharged and heirby discharges the fine of Five hundred merks imposed by the saids Lords upon sight of the said petitione For uhich this shall be to all Concerned ane sufficient

Att Edinburgh The Tenth Day of Jully One Thousand seven hundred and One yeares

D1701/7/101

Act

Act Captain William Drummond and Dischargeing his former sentence and takeing of the fyne

Anent The petitione given in and presented To the Lord high Chancellor and Lords of his majesties privie counsell Be Captaine William Drummond Sheueth That where in the proces and Complaint pursued att the instance of Mr James Byres against the petitioner In which ther uas probatione led by the said Mr James Byres uhich lay sometyme over unadvysed be the Lords of his majesties privie counsell, The said James not insisting, But the Lords of his majesties privie counsell Haveing advysed the probatione upon Tuesday the Eight instant hath found the Lybell proven and have fyned the petitioner in the soume of Five hundred merks, and ordained the petitioner to Crave the Lords of his majesties privie counsell pardon and the said Mr James Byres and deliver the petitioners persone to the Lords of his majesties privie Councill macers to be imprisoned During the saids Lords of his majesties privie counsell that if the petitioner hade knouen that the saids Lords uould have advysed the said probabatione upon Tuesday last he uould in all duty uaited att the saids Lords Barr to have recived their sentance and given all due Obedience therto But the truth uas the petitionar uas in the Country the tyme the saids Lords pronunced the said Sentance and so soon as the petitionar uas acquented theruith my Friends he did instantly come and did deliver his persone in obedience to the saids Lords sentance to […] Gordon one of the saids Lords macers and is accordingly in the tolbooth of Edinburgh, The petitioner did humbly accknouledge the justice of the saids Lords sentance, and altho he hade great provocatione yet he did not in the least pretend to justifie his proceedings and behaviour in that matter touards Mr Byres and the petitionar is verry uilling to obey the the2 saids Lords of his majesties privie counsell in begging the saids Lords ther most humble pardone for the offence given to their Lordships and the said Mr Byres as the saids Lords of his majesties privie counsell hade ordained uhich the petitionar ingeniously Confessed did proceed from ane excess of passione uherof he uas not att the tyme master and the petitioner uith all humility represented to the saids Lords of his majesties privie counsell his present Circumstances uhich uas certainly knouen to some of the honourable Boord that as the petitioner hade served his majesty faithfully ever since his happie accessione to the Thron For the redgement uher the petitioner hade served haveing Broke, any little thing that he hade served in the service uhile he hade comisione the petitioner did verry Frankly spend the samen In his majesties service as a volunteer in Flanders for tuo Campaigns so that the petitioner is uterly unable to apy any Fyne his circumstance being such that he is hardly able to subsist himself But Does depend upon his majesties Bounty and favour uhen he shall think fitt to imploy him again In his majesties service untill such tyme the petitioner hade no mean of Livelyhood the subsistance he hade from his majesties favour Being nou taken auay By a Generall ordour The petitioner also humbly Remembred the saids Lords of his majesties privie Councill that the samen Ryot uas pursued By the The fiscall of Edinburgh and the petitioner uas necessitat ther to compear and uas necessitate ther to compear3 and uas by the Bailies ordor imprisoned and fyned in ane hundred pound uhich the petitioner uas necessitate to streatch his credit to pay as appeares by a discharge from all uhich that the petitioner is unable to pay any pairt of the said fyne or to subject himself himself4 heir in prisone and the petitioner being extreamly sensable of the offence given The petitioner Did humbly beg and Intreat that the saids Lords uould consider his circumstances and cause call him to the saids Lords their Barr and accept of his acknouledgement in the termes of the saids Lords of his majesties privie counsells interloquitor and be graciously pleased to Discharge his said fyne and dset his persone att liberty as the said petitione bears, The Lords of his majesties privie counsell haveing considered the above urittine petitione Given in to them by the abovementioned Captain Uilliam Drummond and petitione for James Byres merchant in Edinburgh and haveing called both James Byres and Captaine Drummond to the councill Barr, the said petitioner Craved pardone of the councill for his offence against the Government and also craved pardone of the said James Byres for offending him and the saids Lords In Resect of the petitioners good service to his majesties goverment and that the petitioners is att present out of service and But in a mean conditione, Therfor the saids Lords have Recalled and heirby Recalls their interloquitor pronunced by the saids Lords on Tuesday last and have discharged and heirby discharges the fine of Five hundred merks imposed by the saids Lords upon sight of the said petitione For uhich this shall be to all Concerned ane sufficient

1. NRS, PC2/28, 104r-105r.

2. Sic.

3. Sic.

4. Sic.

1. NRS, PC2/28, 104r-105r.

2. Sic.

3. Sic.

4. Sic.

Sederunt, 10 July 1701, Edinburgh

Posted on by

Att Edinburgh The Tenth Day of Jully One Thousand seven hundred and One yeares1

D1701/7/92

Sederunt

Lord Chancellor; Earl of Melvill; Marquis of Annandeall; Earl of Lauderdall; Earl of Leven; Earl of Selkirk; Earl of Northesk; Earl of Forfar; Viscount Teviot; Lord Montgoumry; Lord Boyle; Lord president of Session; Lord Advocate; Lord Thesaurer depute; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Rankeillor; Lord Phesdo; Mr Frances Montgomry; Laird of Grant

Att Edinburgh The Tenth Day of Jully One Thousand seven hundred and One yeares1

D1701/7/92

Sederunt

Lord Chancellor; Earl of Melvill; Marquis of Annandeall; Earl of Lauderdall; Earl of Leven; Earl of Selkirk; Earl of Northesk; Earl of Forfar; Viscount Teviot; Lord Montgoumry; Lord Boyle; Lord president of Session; Lord Advocate; Lord Thesaurer depute; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Rankeillor; Lord Phesdo; Mr Frances Montgomry; Laird of Grant

1. NRS, PC2/28, 104r.

2. NRS, PC2/28, 104r.

1. NRS, PC2/28, 104r.

2. NRS, PC2/28, 104r.