Tag Archives: July

Act, 8 July 1701, Edinburgh

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Att Edinburgh The Eight day of Jully 1701

D1701/7/81

Act

[Act for Mr William Chiesly]

Annent The petitione Given in and presented to the Lords of his majesties privie counsell Be Mr Uilliam Chiesly uritter to the signet Shewing That Archbald Chiesly the petitioners sone By ordour of the Lords of his majeties privie counsell haveing been sett at liberty from the tolbooth of the Cannongate uher by uarrand of the saids Lords of his majesties privie counsell he uas comitted prisoner for his outragious and untaturall deportment touards the petitioner He no sooner obtained this favour But by his clamour and att the instigatione of James Hamiltoune kepper of that tolbooth The said Archibald Chiesly Lykeuayes prevailed to get ane ordor appointing the prisone dues to be payed by the petitionar uithout allouing him ane hearing therannent and seeing the said James Hamiltoune hath but recently acquented the petitioner uith the said ordour He humbly beggs Liberty to represent to the saids Lords that he can no uayes be lyable in payment of the said prisone deues primo Because he made full payment to the said James Hamiltoune of the soumes of money modified by a Commity of the Lords of his majesties privie counsells number to be payed by him from tyme to tyme upon the petitioners sones accompt during his imprisonent and therfor ought not to be farder troubled for prisone deues Secundo since the said Archbad Chiesfly uas sett at Liberty the petitioner hath payed to him a considerable soume upon his discharge in satisfactione of all he could ask of the petitioner or could be laid to his charge on the accompt of his said sone so that the accompt is therin Included, Tertio It is ueell knowen to his some of the Lords of his majesties privie counsells number that the petitioner is not in a conditione to pay any furder soumes of money to or for his said sone then uhat he hade payed and therfor the said Archibald Cheisly should pay the prison2 deues out of the money he hath got from the petitioner And Therfor Craveing that It might please the saids Lords to find that the petitioner no uayes lyabel for the said prisone But that James Hamiltoune should seek his payment otheruayees as he best can or att least that the saids Lords of his majesties privie counsell uould allou the petitionar ane heareing upon the premises and in the meantyme to discharge all executione one the forme act theranent His majesties high commissionar and the Lords of his majesties privie counsell haveing haveing3 heard the uithin writtine petitione given in to them be the uithin Mr Uilliam Chisly Read in ther presence they heirby allou Archibald Chiesly the petitioners sone and James Hamiltoune keeper of the Cannongate Tolbooth to see and ansuer the same and in the mean tyme sists any executione att the instance of aither of the saids Archbald Chiesly or James Hamiltoune against the petitioner for the uithin house dewes uhich petitione Being upon the day and dait of thir presents read in presence of the saids Lords, The Lords of his majesties privy counsell haveing considered the writtin petitione given in to them be the uithin Mr Uilliam Chiesly and ansueares made therto for James Hamiltoun keeper of the Cannongate tolbooth they heirby Decerne and Ordaines the said Mr Uilliam Chiesly to make payment to the said James Hamiltoune of the jaylor fies due by Archibald Chiesly sone to the said petitioner from the thirtine day of may One thousand six hundred and nynty siven years to the tuenty seventh day of February One thousand siven hundred yeares being one thousand and three dayes uhich att half a merk scots4 each day as the dues To the keeper of the prisone Extends to the soume of Three hundred and thirty Four pounds six shilling Eight pennies scots money and also the soume of seventine pounds eight shilling money forsaid being six Rex dollairs for the servants deues in the said prisone during the tyme forsaid Extending both the saids soumes to the soumd of three Hundred and Fifty one pounds Fourteen shilling Eight pennies money forsaid and ordaines letters of horning on Fiftine dayes Charge and others executorialls needfull to be direct heiron in Forme as effeirs

Att Edinburgh The Eight day of Jully 1701

D1701/7/81

Act

[Act for Mr William Chiesly]

Annent The petitione Given in and presented to the Lords of his majesties privie counsell Be Mr Uilliam Chiesly uritter to the signet Shewing That Archbald Chiesly the petitioners sone By ordour of the Lords of his majeties privie counsell haveing been sett at liberty from the tolbooth of the Cannongate uher by uarrand of the saids Lords of his majesties privie counsell he uas comitted prisoner for his outragious and untaturall deportment touards the petitioner He no sooner obtained this favour But by his clamour and att the instigatione of James Hamiltoune kepper of that tolbooth The said Archibald Chiesly Lykeuayes prevailed to get ane ordor appointing the prisone dues to be payed by the petitionar uithout allouing him ane hearing therannent and seeing the said James Hamiltoune hath but recently acquented the petitioner uith the said ordour He humbly beggs Liberty to represent to the saids Lords that he can no uayes be lyable in payment of the said prisone deues primo Because he made full payment to the said James Hamiltoune of the soumes of money modified by a Commity of the Lords of his majesties privie counsells number to be payed by him from tyme to tyme upon the petitioners sones accompt during his imprisonent and therfor ought not to be farder troubled for prisone deues Secundo since the said Archbad Chiesfly uas sett at Liberty the petitioner hath payed to him a considerable soume upon his discharge in satisfactione of all he could ask of the petitioner or could be laid to his charge on the accompt of his said sone so that the accompt is therin Included, Tertio It is ueell knowen to his some of the Lords of his majesties privie counsells number that the petitioner is not in a conditione to pay any furder soumes of money to or for his said sone then uhat he hade payed and therfor the said Archibald Cheisly should pay the prison2 deues out of the money he hath got from the petitioner And Therfor Craveing that It might please the saids Lords to find that the petitioner no uayes lyabel for the said prisone But that James Hamiltoune should seek his payment otheruayees as he best can or att least that the saids Lords of his majesties privie counsell uould allou the petitionar ane heareing upon the premises and in the meantyme to discharge all executione one the forme act theranent His majesties high commissionar and the Lords of his majesties privie counsell haveing haveing3 heard the uithin writtine petitione given in to them be the uithin Mr Uilliam Chisly Read in ther presence they heirby allou Archibald Chiesly the petitioners sone and James Hamiltoune keeper of the Cannongate Tolbooth to see and ansuer the same and in the mean tyme sists any executione att the instance of aither of the saids Archbald Chiesly or James Hamiltoune against the petitioner for the uithin house dewes uhich petitione Being upon the day and dait of thir presents read in presence of the saids Lords, The Lords of his majesties privy counsell haveing considered the writtin petitione given in to them be the uithin Mr Uilliam Chiesly and ansueares made therto for James Hamiltoun keeper of the Cannongate tolbooth they heirby Decerne and Ordaines the said Mr Uilliam Chiesly to make payment to the said James Hamiltoune of the jaylor fies due by Archibald Chiesly sone to the said petitioner from the thirtine day of may One thousand six hundred and nynty siven years to the tuenty seventh day of February One thousand siven hundred yeares being one thousand and three dayes uhich att half a merk scots4 each day as the dues To the keeper of the prisone Extends to the soume of Three hundred and thirty Four pounds six shilling Eight pennies scots money and also the soume of seventine pounds eight shilling money forsaid being six Rex dollairs for the servants deues in the said prisone during the tyme forsaid Extending both the saids soumes to the soumd of three Hundred and Fifty one pounds Fourteen shilling Eight pennies money forsaid and ordaines letters of horning on Fiftine dayes Charge and others executorialls needfull to be direct heiron in Forme as effeirs

1. NRS, PC2/28, 103r-103v.

2. Insertion.

3. Sic.

4. Insertion.

1. NRS, PC2/28, 103r-103v.

2. Insertion.

3. Sic.

4. Insertion.

Decreet, 8 July 1701, Edinburgh

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Att Edinburgh The Eight day of Jully 1701

D1701/7/71

Decreet

Decreet Byres against Drummond

Anent The principall letters of complaint Raised and pursued befor the Lords of his majesties privy counsell att the instance of James Byres merchant in Edinburgh uith concourse of Sir James Steuart his majesties advocate For his highnes Intrest Makeing Mentione That aither By the law of this and all other uell governed nationes the insulting defameing and Beating his majesties free Leidges uith manifast intentione to murder them especially by ane open violation of the publict peace upon the high street of his majesties principall City of Edinburgh in full daylight and that uithout any previouse provocatione and aggragat uith prophane and godles oaths against a pairty innocent and unarmed are Crymes of a high nature and Sevirely punishable Yet Nevertheless It is of verity That the said James Byres Complainer being upon the high Street of his majesties City of Edinburgh befor Milnsquair opposite to the Tron Church upon the fourth Day of March last by past standing uith John Jamesone Captain William Drummond sometyme in the Lord Jedburghs Redgement of Dragounes and George Dow his servant came up to the said James uho uas unarmed and the said Captain William Drummond haveing his suord about him and his staff in his hand told the said James Byres the complainers uith Execrable oaths, That the said Complainer ought to have his nose cutt off, and uhen the complainer ansuered that the expressione uas unmannerly And desyred to knou the defenders quarrell, The said Captain William Drummond defender told the complainer the he hade maletreated Serjant McGregor alias Drummond in Caledonia and when the complainer told the said defender, That he uould not Satisfie questiones asked in so rude a manner The said Captain Uilliam Drummond defender Gave the said Complainer scurroulus and infamous Languadge and the said defender haveing lift his kain, and being therupon seized by the said complainer the defender upon his desyre and promise not to use violence uas let goe, yet he did afteruards maliciously and treacherously not only threaten aloud in verry opprobreous termes, That he uould cause some persone cropt the complainers eares, and Immediatly in sight and hearing of the multitude the said Captain Drummond defender, gave his kayne to the said [..] Dou his servant and pointing at the said complainer and calling him by insolent and opprobreous names, Ordered his said servant to beat the Complainer, and not desist till he knoked him doun to the ground dead, uhich the said servant Did Crewly and attrociously put in Executione And Albeit the said James Byres complainer did Declair to the bystanders that he would no ~~as~~ so much as offer to strick att the said […] Dou the Captains footman and did actualy abstain and barely endeavoured to uard off the bloues yet the said servant Did in his masters presence and by his ordour Cruely assault and beat the said complainer and uhen the Complainers feet hade slipt and his hate and periuig uere beat off, yet the said […] Dou by his masters ordor did Continuou to beat the complainer upon the heare head wherby the said complainer uas uounded and bruised, and And the said Captaine William Drummond Did call to the said […] Dow his servant in the mean tyme Dame you for a Rascall knock him Doun after uhich both the said master and servant did in most uickedly and courdly uay fall upon the said James Byres complainer and threw him to the ground beating him in a most barberous manner to the effusione of his blood and hazard of his lyfe to the great contempt of his majesties authority and reproach of justice and good ordour By all uhich the saids defenders and Ilk ane of them are guilty airt and pairt of the Crymes abovelybelled and ought to be Decerned to make payment to the said complainer of his damnadges extending to the soume of tuelve hundred pounds Scots and otheruayes to Repair the said complainer, and the saids defenders to be punished in their persones and goods to the terror of others to committ and doe the lyke in tyme comming. Annent the Charge given to the saids haill fornamed persones defenders to have compeared befor he saids Lords of his majesties privy councill att ane certain day nou by gone to have ansuered to the ground of the writtine complaint and to have heared and seen such ordoures and course taken theranent as appertaines under the pain of Rebellione etc: as in the said Lybell or letters of complaint and executiones therof att more lenth is contained uhich Lybell being upon the Eleventh day of march last by past Called In presence of the Lords of his majesties privie counsell Councill2 and the said pursuar Compearing personally uith Sir James Steuart his majesties advocate Mr David Dalrymple, and Mr James Gellie his advocats and the said Captain William Drummond one of the defenders Compearing personally and the said George Dow the other defender being laufully cited often tymes caled and not compearing And […] Cockburne younger of Langtoune Mr David Forbess and Mr James Hamiltoune compearing as advocats for both the saids defenders, The Lybell and ansueareres made therto for the saids defenders being both read and both pairties fully heard att the barr, The councill addmitts the lybell to the pursuares probatione notuithstanding of the alleadgance made for the defender, That res est haili Judicata, the said Defender haveing been fyned by the magistrats of Edinburgh for the cryme lybled, And the saids Lords Grants certification against the said George Dow defender called and not compearing In respect of his absence and not compearing and ordaines Letters of denunciatione to be direct to macers or messangers att armes to pass to the mercat cross of […] and other places needfull and therat in his majesties name and authority duely laufully and ordourly Renunce the said George Dow his majesties Rebell and put him to his hignes horen and ordain all his moveable goods and gear to be escheat and inbrought to his majesties use for his contempt and disobedience and the uitneses haveing compeared and made faith or being absent as marked on the roll the saids Lords Grants Farder uarrand against the uitneses absent and not compearing by captaione untill the […] day of […] and nominats and appoynts the Lord justice Clerk Lords Aberuchill, Crosrig and Phesdo to be ane Comity to examine the uitnesses compearing and makeing Faith and declaires any tuo of the above named Commitie to be a sufficient quorum and appoynts them to meet the morrow att ten in Fornoon And reserves all objectiones against the uitnesses to be proponed and Discussed befor the said Ccommittie, The Lords of his majesties privie council upon day and dait of thir presents haveing Advysed the process raised befor them att the instance of the abovenamed James Byres against Captaine William Drummond and George Dou his servant and haveing considered the depositiones of the uitnesses they Find the poynts and articles of the lyble sufficiently proven and therfor have fyned and heirby Fynes the said Captain Uilliam Drummond in the soume of Five hundred merks scots money and Decerns and Ordains the said Captain Uilliam Drummond instantly to make payment to his majesties Generall Reciver of his majesties rents of the said soume and gives ordeur and uarrand to macers of privy counsell messangers att armes or other officers of the Law to take and apprehend the persone of the said Captaine Uilliam Drummond and to put him into the tolbooth of Edinburgh till he make payment of the said Fyne and farder during the councills pleasure and decerns and ordains the said Captainne Uilliam Drummond to Appear befor the councill and to aske and Crave pardon of their Lordships for his urong done to the goverment and Farder to ask and Crave pardon of the said James Byres pursuer for the urong done by the said Captaine to him

Att Edinburgh The Eight day of Jully 1701

D1701/7/71

Decreet

Decreet Byres against Drummond

Anent The principall letters of complaint Raised and pursued befor the Lords of his majesties privy counsell att the instance of James Byres merchant in Edinburgh uith concourse of Sir James Steuart his majesties advocate For his highnes Intrest Makeing Mentione That aither By the law of this and all other uell governed nationes the insulting defameing and Beating his majesties free Leidges uith manifast intentione to murder them especially by ane open violation of the publict peace upon the high street of his majesties principall City of Edinburgh in full daylight and that uithout any previouse provocatione and aggragat uith prophane and godles oaths against a pairty innocent and unarmed are Crymes of a high nature and Sevirely punishable Yet Nevertheless It is of verity That the said James Byres Complainer being upon the high Street of his majesties City of Edinburgh befor Milnsquair opposite to the Tron Church upon the fourth Day of March last by past standing uith John Jamesone Captain William Drummond sometyme in the Lord Jedburghs Redgement of Dragounes and George Dow his servant came up to the said James uho uas unarmed and the said Captain William Drummond haveing his suord about him and his staff in his hand told the said James Byres the complainers uith Execrable oaths, That the said Complainer ought to have his nose cutt off, and uhen the complainer ansuered that the expressione uas unmannerly And desyred to knou the defenders quarrell, The said Captain William Drummond defender told the complainer the he hade maletreated Serjant McGregor alias Drummond in Caledonia and when the complainer told the said defender, That he uould not Satisfie questiones asked in so rude a manner The said Captain Uilliam Drummond defender Gave the said Complainer scurroulus and infamous Languadge and the said defender haveing lift his kain, and being therupon seized by the said complainer the defender upon his desyre and promise not to use violence uas let goe, yet he did afteruards maliciously and treacherously not only threaten aloud in verry opprobreous termes, That he uould cause some persone cropt the complainers eares, and Immediatly in sight and hearing of the multitude the said Captain Drummond defender, gave his kayne to the said [..] Dou his servant and pointing at the said complainer and calling him by insolent and opprobreous names, Ordered his said servant to beat the Complainer, and not desist till he knoked him doun to the ground dead, uhich the said servant Did Crewly and attrociously put in Executione And Albeit the said James Byres complainer did Declair to the bystanders that he would no ~~as~~ so much as offer to strick att the said […] Dou the Captains footman and did actualy abstain and barely endeavoured to uard off the bloues yet the said servant Did in his masters presence and by his ordour Cruely assault and beat the said complainer and uhen the Complainers feet hade slipt and his hate and periuig uere beat off, yet the said […] Dou by his masters ordor did Continuou to beat the complainer upon the heare head wherby the said complainer uas uounded and bruised, and And the said Captaine William Drummond Did call to the said […] Dow his servant in the mean tyme Dame you for a Rascall knock him Doun after uhich both the said master and servant did in most uickedly and courdly uay fall upon the said James Byres complainer and threw him to the ground beating him in a most barberous manner to the effusione of his blood and hazard of his lyfe to the great contempt of his majesties authority and reproach of justice and good ordour By all uhich the saids defenders and Ilk ane of them are guilty airt and pairt of the Crymes abovelybelled and ought to be Decerned to make payment to the said complainer of his damnadges extending to the soume of tuelve hundred pounds Scots and otheruayes to Repair the said complainer, and the saids defenders to be punished in their persones and goods to the terror of others to committ and doe the lyke in tyme comming. Annent the Charge given to the saids haill fornamed persones defenders to have compeared befor he saids Lords of his majesties privy councill att ane certain day nou by gone to have ansuered to the ground of the writtine complaint and to have heared and seen such ordoures and course taken theranent as appertaines under the pain of Rebellione etc: as in the said Lybell or letters of complaint and executiones therof att more lenth is contained uhich Lybell being upon the Eleventh day of march last by past Called In presence of the Lords of his majesties privie counsell Councill2 and the said pursuar Compearing personally uith Sir James Steuart his majesties advocate Mr David Dalrymple, and Mr James Gellie his advocats and the said Captain William Drummond one of the defenders Compearing personally and the said George Dow the other defender being laufully cited often tymes caled and not compearing And […] Cockburne younger of Langtoune Mr David Forbess and Mr James Hamiltoune compearing as advocats for both the saids defenders, The Lybell and ansueareres made therto for the saids defenders being both read and both pairties fully heard att the barr, The councill addmitts the lybell to the pursuares probatione notuithstanding of the alleadgance made for the defender, That res est haili Judicata, the said Defender haveing been fyned by the magistrats of Edinburgh for the cryme lybled, And the saids Lords Grants certification against the said George Dow defender called and not compearing In respect of his absence and not compearing and ordaines Letters of denunciatione to be direct to macers or messangers att armes to pass to the mercat cross of […] and other places needfull and therat in his majesties name and authority duely laufully and ordourly Renunce the said George Dow his majesties Rebell and put him to his hignes horen and ordain all his moveable goods and gear to be escheat and inbrought to his majesties use for his contempt and disobedience and the uitneses haveing compeared and made faith or being absent as marked on the roll the saids Lords Grants Farder uarrand against the uitneses absent and not compearing by captaione untill the […] day of […] and nominats and appoynts the Lord justice Clerk Lords Aberuchill, Crosrig and Phesdo to be ane Comity to examine the uitnesses compearing and makeing Faith and declaires any tuo of the above named Commitie to be a sufficient quorum and appoynts them to meet the morrow att ten in Fornoon And reserves all objectiones against the uitnesses to be proponed and Discussed befor the said Ccommittie, The Lords of his majesties privie council upon day and dait of thir presents haveing Advysed the process raised befor them att the instance of the abovenamed James Byres against Captaine William Drummond and George Dou his servant and haveing considered the depositiones of the uitnesses they Find the poynts and articles of the lyble sufficiently proven and therfor have fyned and heirby Fynes the said Captain Uilliam Drummond in the soume of Five hundred merks scots money and Decerns and Ordains the said Captain Uilliam Drummond instantly to make payment to his majesties Generall Reciver of his majesties rents of the said soume and gives ordeur and uarrand to macers of privy counsell messangers att armes or other officers of the Law to take and apprehend the persone of the said Captaine Uilliam Drummond and to put him into the tolbooth of Edinburgh till he make payment of the said Fyne and farder during the councills pleasure and decerns and ordains the said Captainne Uilliam Drummond to Appear befor the councill and to aske and Crave pardon of their Lordships for his urong done to the goverment and Farder to ask and Crave pardon of the said James Byres pursuer for the urong done by the said Captaine to him

1. NRS, PC2/28, 101r-102v.

2. Sic.

1. NRS, PC2/28, 101r-102v.

2. Sic.

Sederunt, 8 July 1701, Edinburgh

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Att Edinburgh The Eight day of Jully 17011

D1701/7/62

Sederunt

Lord Chancellor; Marquis of Annandale; Earl of Craufoord; Earl of Lauderdale; Earl of Leven; Earl of Northesk; Earl of Forfar; Viscount Teviot; Lord Mountgomry; Lord Boyle; Lord president of sessione; Lord Advocate; Lord Justice Clerk; Lord Philliphaugh; Lord Halcraigh; Lord Rankeillor; Lord Phesdo; Mr Frances Mountgomry; Laird of Grant

Att Edinburgh The Eight day of Jully 17011

D1701/7/62

Sederunt

Lord Chancellor; Marquis of Annandale; Earl of Craufoord; Earl of Lauderdale; Earl of Leven; Earl of Northesk; Earl of Forfar; Viscount Teviot; Lord Mountgomry; Lord Boyle; Lord president of sessione; Lord Advocate; Lord Justice Clerk; Lord Philliphaugh; Lord Halcraigh; Lord Rankeillor; Lord Phesdo; Mr Frances Mountgomry; Laird of Grant

1. NRS, PC2/28, 101r.

2. NRS, PC2/28, 101r.

1. NRS, PC2/28, 101r.

2. NRS, PC2/28, 101r.

Sederunt, 3 July 1701, Edinburgh

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Att Edinburgh The Third day of Jully 17011

D1701/7/42

Sederunt

Lord Chancellor; Marquis of Annandele; Earl of Craufoord; Earl of Marr; Earl of Lauderdale; Earl of Leven; Earl of Northesk; Earl of Forfar; Lord Muntgomry; Lord Boyle; Lord Advocat; Lord Thesaurer deput; Lord Justice Clerk; Lord Aberuchill; Lord Philliphaugh; Lord Rankeillour; Mr Frances Mountgomry; Lord3 Stevensone; Lord provost of Edinburgh

Att Edinburgh The Third day of Jully 17011

D1701/7/42

Sederunt

Lord Chancellor; Marquis of Annandele; Earl of Craufoord; Earl of Marr; Earl of Lauderdale; Earl of Leven; Earl of Northesk; Earl of Forfar; Lord Muntgomry; Lord Boyle; Lord Advocat; Lord Thesaurer deput; Lord Justice Clerk; Lord Aberuchill; Lord Philliphaugh; Lord Rankeillour; Mr Frances Mountgomry; Lord3 Stevensone; Lord provost of Edinburgh

1. NRS, PC2/28, 101r.

2. NRS, PC2/28, 101r.

3. Sic.

1. NRS, PC2/28, 101r.

2. NRS, PC2/28, 101r.

3. Sic.

Procedure, 1 July 1701, Edinburgh

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Att Edinburgh the first day of Jully Jaj vijc etc and one years

D1701/7/31

Procedure

[Bill of suspension]

Nota Ther is ane Bill of Suspensione to be taken in this day Camrone against Keppoch but is not in this sederunt

Att Edinburgh the first day of Jully Jaj vijc etc and one years

D1701/7/31

Procedure

[Bill of suspension]

Nota Ther is ane Bill of Suspensione to be taken in this day Camrone against Keppoch but is not in this sederunt

1. NRS, PC2/28, 101r.

1. NRS, PC2/28, 101r.

Act, 1 July 1701, Edinburgh

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Att Edinburgh the first day of Jully Jaj vijc etc and one years

D1701/7/21

Act

Act In favours of James Stivin usher for building his house in the parliament Closs

Annent The petitioner given in and presented to the Lords his majesties privie Councill by James Steohen usher Deput to his majesties Exchequer Shewing that the petitioner haveing purchased the Fifth story of Hugh Blaires Land in Edinburgh at the entry to the parliament Closs which by the late great fire was Burnt and being Resolved to rebuild the Same with other herretors of the said Land, And for preventing of any Differences of Scruple that may arise Anent the height of the tenenment upon the late Act of parliament, whereby it is Declaired there shall only be four stories above the shops and a garret as to uhich the petitioner Humbly Represents, (1mo) that he and his Authors did accquire right to the forsadi Fifth story and uere in posessione Long prior to the said Act so as to the petitioners Duelling house he is not in the caice of the Act of parliament which can only Extend to the tenements of land that were voluntarly errected after the said Act but no wayes to prejudge any privat man of his just right or to impede him of HIs Just rebuilding his oun property burnt by fire (2do) the greatest pairt of the petitioners Duelling house the walls therof and Chimneys are yet standing to that in reasone he ought to be allowed to repaire especially considering that the next adjacent Land is as high as mine will be, when rebuilt and that he should be in no worse Caice then before (3dly) albeit the petitioner could be prejudged of his said priveit right yet these inconveniencies would Follow, that it would be altogither Irregular from the Adjacent tennement that none of the Chimneys therof can be Supposed to vent (4tly) it Cannot be thought that the forsaid Act of parliament was intended to take away any mens private right, And if so and that the town of Edinburgh should hinder the petitioner to Rebuild, his property must perish, because the other Herretors below him refuses to give the petitioner any acknouledgment for his rights alleadgeing they are in a worse conditione through his not rebuilding, because the petitioenr did ear a proportionall pairt of the Expences of the roof of which they will be Deprived now, And the magistrats of Edinburgh they will Refuse to pay the petitioner for his right (albeit the Act of parliament relates to the Safety and Decorement of the good Town) in regaird the forsaid Act of parliament is not Burdened therewith So that he should have Liberty to repaire his said Duelling house as before the Burning And Therfor Humbly Craveing that it might please the saids Lords to allow the petitioner to Rebuild the forsaid story as before the Burning as the said petitione bears The Lords of his majesties privie councill haveing considered the above petitione given in to them by the above James Stephen They heirby recommend to the Committy Appoynted anent the Burntland in the parliament Closs Upon the Sixth day of March one Thousand Seven Hundered years to consider the said petitione and to make report to the privy Councill therin And the saids Lords doe heireby Add the present Lord provost of Edinburgh to be upon the forsaid Committie in place of the then Lord provost of Edinburgh who was upon the same And Recomends to the said Committie to consider and give their oppinione Anent the whole buildings in the said palirament closs both Backland and foreland built or to be built and not yet founded and to hear all pairties thereanent how they are satisfied therwith And Recommends to the said committie to meet the Morrow at ten in the forenoon And Appoynts the petitioner to cause warne them And Continuose their quorum as formerly And thereafter the saids Lords haveing upon the day and date of thir presents Considered the said pettione they hereby allow the petitioner to rebuild the above story as before

Att Edinburgh the first day of Jully Jaj vijc etc and one years

D1701/7/21

Act

Act In favours of James Stivin usher for building his house in the parliament Closs

Annent The petitioner given in and presented to the Lords his majesties privie Councill by James Steohen usher Deput to his majesties Exchequer Shewing that the petitioner haveing purchased the Fifth story of Hugh Blaires Land in Edinburgh at the entry to the parliament Closs which by the late great fire was Burnt and being Resolved to rebuild the Same with other herretors of the said Land, And for preventing of any Differences of Scruple that may arise Anent the height of the tenenment upon the late Act of parliament, whereby it is Declaired there shall only be four stories above the shops and a garret as to uhich the petitioner Humbly Represents, (1mo) that he and his Authors did accquire right to the forsadi Fifth story and uere in posessione Long prior to the said Act so as to the petitioners Duelling house he is not in the caice of the Act of parliament which can only Extend to the tenements of land that were voluntarly errected after the said Act but no wayes to prejudge any privat man of his just right or to impede him of HIs Just rebuilding his oun property burnt by fire (2do) the greatest pairt of the petitioners Duelling house the walls therof and Chimneys are yet standing to that in reasone he ought to be allowed to repaire especially considering that the next adjacent Land is as high as mine will be, when rebuilt and that he should be in no worse Caice then before (3dly) albeit the petitioner could be prejudged of his said priveit right yet these inconveniencies would Follow, that it would be altogither Irregular from the Adjacent tennement that none of the Chimneys therof can be Supposed to vent (4tly) it Cannot be thought that the forsaid Act of parliament was intended to take away any mens private right, And if so and that the town of Edinburgh should hinder the petitioner to Rebuild, his property must perish, because the other Herretors below him refuses to give the petitioner any acknouledgment for his rights alleadgeing they are in a worse conditione through his not rebuilding, because the petitioenr did ear a proportionall pairt of the Expences of the roof of which they will be Deprived now, And the magistrats of Edinburgh they will Refuse to pay the petitioner for his right (albeit the Act of parliament relates to the Safety and Decorement of the good Town) in regaird the forsaid Act of parliament is not Burdened therewith So that he should have Liberty to repaire his said Duelling house as before the Burning And Therfor Humbly Craveing that it might please the saids Lords to allow the petitioner to Rebuild the forsaid story as before the Burning as the said petitione bears The Lords of his majesties privie councill haveing considered the above petitione given in to them by the above James Stephen They heirby recommend to the Committy Appoynted anent the Burntland in the parliament Closs Upon the Sixth day of March one Thousand Seven Hundered years to consider the said petitione and to make report to the privy Councill therin And the saids Lords doe heireby Add the present Lord provost of Edinburgh to be upon the forsaid Committie in place of the then Lord provost of Edinburgh who was upon the same And Recomends to the said Committie to consider and give their oppinione Anent the whole buildings in the said palirament closs both Backland and foreland built or to be built and not yet founded and to hear all pairties thereanent how they are satisfied therwith And Recommends to the said committie to meet the Morrow at ten in the forenoon And Appoynts the petitioner to cause warne them And Continuose their quorum as formerly And thereafter the saids Lords haveing upon the day and date of thir presents Considered the said pettione they hereby allow the petitioner to rebuild the above story as before

1. NRS, PC2/28, 100r-100v.

1. NRS, PC2/28, 100r-100v.

Sederunt, 1 July 1701, Edinburgh

Posted on by

Att Edinburgh the first day of Jully Jaj vijc etc and one years1

D1701/7/12

Sederunt

Lord Chancelour; Earl Leven; Earl of Northesk; Lord Montgomery; Lord Boyle; Lord Advocat; Lord Aberuchill; Lord Philliphaugh; Lord Halcraigh; Lord Rankeillor; Lord Phesdo; Mr Fances Motgomery; Lord Provost Edinburgh

Att Edinburgh the first day of Jully Jaj vijc etc and one years1

D1701/7/12

Sederunt

Lord Chancelour; Earl Leven; Earl of Northesk; Lord Montgomery; Lord Boyle; Lord Advocat; Lord Aberuchill; Lord Philliphaugh; Lord Halcraigh; Lord Rankeillor; Lord Phesdo; Mr Fances Motgomery; Lord Provost Edinburgh

1. NRS, PC2/28, 100r.

2. NRS, PC2/28, 100r.

1. NRS, PC2/28, 100r.

2. NRS, PC2/28, 100r.

Decreet, 18 July 1700, Edinburgh

Posted on by

Att Edinburgh the Eighteinth day of July Jaj viic years

D1700/7/41

Decreet

Decreet Suspensione Drumond of Megins Against Stirling of Keir

Anent the bill of suspension presented and given in to the Lords of his Majesties privy Councill at the instance of James Stirling of Keir Against Adam Drummond of Megins and John Whyt sometime in Lennoch then his tennent now in Rosyth Shewing That wher the said James Stirling of their as master and Land Lord to Patrick Mcinchoiter pretended in Ardwhilry and heritor of the saids Lands and his tutors and Curators for their intrest are Charged be vertue of Letters of horning direct furth against the petitioners at the instance of Adam Drummond of Megins and John Whyt Sometime in Lammash then his tenant now in Rosyth To make payment to them of the Soume of Eight Hundred Seventie two pounds Scots money as the value and pryce of the goods Lybelled With Eight hundred merks of Damnadge and expensses Specified and contained in ane decreet given and pronounced be the Commissioners of Justiciary of the midle district upon the Twenty sixt day of December Last by past Within a Certaine Short space who forr alleaged not obedience to Cause denounce the petitioners rebell and put him to the horn most wrongeously and unjustly Considering It is of verity That the forsaid decreet is intrinsically null In Swa farr as the Same is pronounced against the petitioner as Land Lord to the said Patrick Mcinchoiter in Ardwhillarie, Wheras he is not so much as Lybelled against nor cited Bot the Lybell Conforme to the decreet produced was only against the petitioner and Patrick Donald Mcinleyes his tennent in Ardwhillarie Bot no mentione of McinCloiter, And ther being no probatione of any Crime against the said Patrick and Donald Mcinleyes no Sentance could pass against the said James Stirling petitioner Secundo the forsaid Decreet is most Illegall and unwarrantable In so farr as the decreet bears witnesses to have been adduced and Sworne before any citation was given to the petitioner Tertio the forsaid decreet is in absence and quoad the petitioner In so farr as by the decreet ther is Compearance made for the petitioner proponeing this defence that the petitioner being out of the kingdome could not be cited be vertue of the Commissioners precept and which was Sustained And the Lybell rejected Bot the petitioner being therafter cited upon a Suppliment at the marcat Cross of Edinburgh pear and Shoar of Leith, The probatione and depositiones of the witnesses was advysed without calling or hearing the petitioners procurators and the petitioner Decerned, And Archibald Stirling of Garden the petitioners Curator haveing Compeared and reclaimed against the Sentance he was refused to be heard Wheras if any legall method hade been taken and the petitioner heard to propone his defences he would Have proponed this defence Viz That the said Mcinchoiter was neither tennant nor possessor in the Lands of Ardwhillarie nor hade Larim nor forum for two years and more before the Committing the Crymes Lybelled which the petitioner could have proven by witnesses beyond Exception, and which would have eleided the said pursuit Bot that he was Servant to George Mcphatrick alias George Drummond who was allwayes tennant to the Earle of Pearth, and that the said Gregor being ane Captaine by Commission2 from the late King James and being in open hostility and rebellion against the government with his said master no Landlord can be answerable for depredationes Committed by these who were tennants and who broke out in open hostility And never returned to the ground, Bot this Mcinchoiter was neither tennent nor was ever in possession of any part of the petitioners estate therafter, Yet nevertheless etc And Therfore etc And Therfore Craveing the saids Lords would be pleased to grant Letters for calling the Chargers for productione of the Saids pretended Letters with the executiones therof Togither with the said pretended decreet wherupon the Samen proceeded To have been seen and Considered be the saids Lords and to have heard and Seen the Samen suspended as the said bill of Suspension at more Length bears Which Bill of Suspension being upon the Twentie Seventh day of February and Fourteinth day of March both Last by past read in presence of the saids Lords of his Majesties privy Councill They Granted two Severall Sists of executiones theron into two severall dyets both now bypast And in the mean time allowed the Chargers to See and answer the said bill of suspensione And the said Charger haveing Seen the said bill They returned the same And gave in answers therto Viz John Whit and the Said Adam Drumond of Megins his master obtained Decreet before the Commissioners of Justiciary of the Midle district of the Highlands against Keir and his tutors and Curators as heritors of the Lands of Ardwhollary and upon which lands and under the said Keir Patrick Mcinchoiter the robber and depredator of the said John Whites goodes Lives, for the Soume of Eight hundred seventie two pounds Scots as the value of the goods robbed and for Eight hundred merks for damnadges as the decreet more fully bears This decreet is offered to be Suspendit and to the bill of Suspension given in to the Lords of privy Councill for that effect Its answered Primo That the said bill denyes that Mcinchoiter was tennant to Keir the time of Committing the forsaid depredation etc To Which It is answered that the decreet and probatone therin3 taken is opponed wherby it is manifast that the said Mcinchoiter was tennant to the Laird of Keir the time of the robbery Lybelled and that he gott off the Stollen goods from Duncan Mcilphatrick who was the robber and resett, and made use of the Same, Whereby it is Certaine That Keir being Landlord for the time is undoubtedly Lyable, Nor is it of any moment that McChoiter is not called in the forsaid Decreet Because it is very true he was dead and hade non to represent him, Bot yet Since he was the knowen resetter it is undoubted that according to the Law of the Highlands that if the thift or resett be once proven the Land Lord is Lyable conforme to the acts of parliament Whither the resetter be dead or alyve Secundo It is alledged That the probation was taken and the witnesses examined before Keir was cited To Which it was answered That Keir at least Carden his Curator was Lawfullie cited by the Commissioners precept before any witnesses ware Sworne or examined And And4 it was not only upon a Suggestion afterwards that Keir himself was out of the Countrey That Letters of Suppliment were raised by delyverance of the Lords of Session to Sumond him cum processu and the day of Compearance past before any Sentance given in the Cause nor hath he any thing yet to Say more then what was alleadged by his Curator and procurator Tertio That the decreet is against Keir in absence It is answered That his Curator Compeared by his procurator as said is and whither he was present or absent its certaine; That to this day he can Object nothing against it Quarto That it is alleadged that the goods were away taken in the time of insurrectione in the Highlands in the year Jaj vic Eightie Nyne or Jaj vic Nyntie It is answered, That whither they were taken away the time of the Rable or not per inde est Since the Councill has most Justly found That the takeing away the time of the rebellion is not a just defence Bot on the Contrary Might be a Cloak for the greatest villianies And the only thing that the Complainer can alledge relevantly is that the goods were only caried away the time of the rebellion, Bot Consumed in the enimies Camp, Bot when it is Certainly knowen and proven that the goods were not so Consumed Bot were resett by the Said Mcinchoiter tennent to Keir upon his own ground, Keir was made most Justly Lyable and in effect if the pretext of every insurrection Should be Sustained to cover robers and depredationes in the Highlands their Should be no end of these villains and both Roberies and insurectiones would be therby multiplied In respect wherof the Said bill Ought to be refused as the answers bears And the said bill and answers therto being upon the fourth day of July instant Read in presence of his Majesties high Commissioner and the Lords of his Majesties privy Councill They by their Interloquitor of the said day Refused the Desire of the said bill of Suspension And allowed the former Letters raised at the Chargers Instance against the Suspender to be put to executione notwithstanding therof, And Therafter the said James Stirling of Keir and Archibald Stirline of Carden his Curator Gave in a petition to his Majesties high Commissioner and the Lords of his Majesties privy Councill Shewing That Wher the petitioner being these two years bygone out of the kingdome at his Studies and not yet returned and being cited before the Commissioners of Justiciary of the Midle district be vertue of their precept upon ane alledged depredation Committed by ane Mcinchoiter alledged tennent to the petitioner in Ardwhillarie upon the Lands pertaining to Adam Drummond of Megins, Att calleing of the forsaid ation5 It was proponed by Carden and the procurator, That the petitioner being out of the kingdome he could not be cited by vertue of the Commissioners precept Without a Suppliment, and which was Sustained and the petitioner appointed to be cited be vertue of a Suppliment at the Marcat Cross of Edinburgh pear and Shoar of Leith, Notwithstanding therof before any citation given to the petitioner or the dayes of the Ciation elapsed, Ther is probation adduced and advyssed, And Sentance pronounced without So much as calling parties And the petitioner decerned in the Soume of Eight Hundred Seventie two pounds, with Eight hundred merks of damnage and expensses And the petitioner being charged for payment therof The petitioner did present a bill of Suspension to the saids Lords in January last upon ther reasones that the forsaid Decreet was in absence quoad the petitioner, And that the same was unwarrantable by adduceing probatione without Citatione and advyseing the same without hearing the petitioner, Wheras if the petitioner hade been heard against the decreet, The petitioner would alleadged as now he do, That the probatione adduced does nowayes prove the said Patrick Mcinchoiter to be the petitioners tennent the time of the depredation, Bot the petitioner would have proven, And does now offer to prove by witnesses beyond exception, That he hade not been Tennant to the petitioner for near a year preceeding Bot ane Outlaw, and in hostility against the government under the Command of Gregor Mcgregor who was never the petitioners tenant Sicundo the petitioner was most unjustly charged as Land Lord to Patrick Mcinchoiter In respect the Lybell is only against the petitioner as Land Lord to Donald and Patrick Mcinlayes the petitioners tennants in Ardwhillarie, And there is no probation against them and Mcinchoiter is not so much as Lybelled against Conforme to the decreet produced so that the decreet is Contrary to the very Lybell So That it is hard that the petitioner Should be Decerned for debts Committed by rebells In whom the petitioner hade no intrest Neither before or after the depredation, This bill of suspension in January being ordained to See and answer, and so answers being given in for six moneths bygone, Bot the petitioners procurators allwayes expected to be heard, was Surprized That without any intimation to the petitioners procurators upon answers given in to the saids Lords the fourth instant by Megins after so long delay and the petitioners and his procurators in Security, The bill is refused and the Letters found orderly proceeded, and which is not usuall by the saids Lords And Therfore Humbly Craveing the saids Lords would be pleased To take the for saids reasones of Suspension to their Consideration, and allow the petitioners procurators to be heard upon the forsaids grounds and severall other unanswerable grounds Which Should be verified to the saids Lords And in the mean time to stope the decreet Which Bill or petition being upon the nynth day of July instant Read in presence of his Majesties high Commissioner and the Lords of privy Councill They by ther delyverance theron of the date the Nynth of July instant Stopped the interloquitor mentioned in the said petition of the date the fourth of July instant and discharged the extracting therof, And Declared that they would hear both parties Lawiers in their presence debate upon the reasones of suspension, And accordingly both parties Lawiers being this day called in presence of his Majesties high Commissioner and the saids Lords of privy Councill And Mr David Cuninghame and Mr Thomas Skeen Compearing as advocats for the said James Stirling of Keir and Archibald Stirling of Carden his Curator, and Sir James Stewart his majesties advocat and Mr David Dalrymple Compearing as advocats for the saids Adam Drummond of Megins and John Whyt chargers His Majesties high Commissioner and Lords of his Majesties privy Councill Haveing Considered the said bill of suspension and reasones of the said bill and answers forsaid made therto for the saids Chargers, And grounds of the charge, or decreet charged on with the haill wrytes produced for aither partie, and haveing at full Lengths heard both parties procurators debate as the Councill barr, and Considered the petition given in for the said James Stirling of Keir and Stirling of Carden his Curator His Grace and their Lordships Have Refused and hereby Refuses the said bill and reasones of Suspension, and notwithstanding of the same and of the other petition given in for Stirling of Keir and his said Curator Finds the former Letters at the instance of the said Adam Drummond of Megins and John Whyte late his tennent now in Rosyth chargers Orderly proceeded And Ordaines them to be put to farder executione against the Said James Stirling of Keir and his said Curator after the forme and tenor therof in all points.

Att Edinburgh the Eighteinth day of July Jaj viic years

D1700/7/41

Decreet

Decreet Suspensione Drumond of Megins Against Stirling of Keir

Anent the bill of suspension presented and given in to the Lords of his Majesties privy Councill at the instance of James Stirling of Keir Against Adam Drummond of Megins and John Whyt sometime in Lennoch then his tennent now in Rosyth Shewing That wher the said James Stirling of their as master and Land Lord to Patrick Mcinchoiter pretended in Ardwhilry and heritor of the saids Lands and his tutors and Curators for their intrest are Charged be vertue of Letters of horning direct furth against the petitioners at the instance of Adam Drummond of Megins and John Whyt Sometime in Lammash then his tenant now in Rosyth To make payment to them of the Soume of Eight Hundred Seventie two pounds Scots money as the value and pryce of the goods Lybelled With Eight hundred merks of Damnadge and expensses Specified and contained in ane decreet given and pronounced be the Commissioners of Justiciary of the midle district upon the Twenty sixt day of December Last by past Within a Certaine Short space who forr alleaged not obedience to Cause denounce the petitioners rebell and put him to the horn most wrongeously and unjustly Considering It is of verity That the forsaid decreet is intrinsically null In Swa farr as the Same is pronounced against the petitioner as Land Lord to the said Patrick Mcinchoiter in Ardwhillarie, Wheras he is not so much as Lybelled against nor cited Bot the Lybell Conforme to the decreet produced was only against the petitioner and Patrick Donald Mcinleyes his tennent in Ardwhillarie Bot no mentione of McinCloiter, And ther being no probatione of any Crime against the said Patrick and Donald Mcinleyes no Sentance could pass against the said James Stirling petitioner Secundo the forsaid Decreet is most Illegall and unwarrantable In so farr as the decreet bears witnesses to have been adduced and Sworne before any citation was given to the petitioner Tertio the forsaid decreet is in absence and quoad the petitioner In so farr as by the decreet ther is Compearance made for the petitioner proponeing this defence that the petitioner being out of the kingdome could not be cited be vertue of the Commissioners precept and which was Sustained And the Lybell rejected Bot the petitioner being therafter cited upon a Suppliment at the marcat Cross of Edinburgh pear and Shoar of Leith, The probatione and depositiones of the witnesses was advysed without calling or hearing the petitioners procurators and the petitioner Decerned, And Archibald Stirling of Garden the petitioners Curator haveing Compeared and reclaimed against the Sentance he was refused to be heard Wheras if any legall method hade been taken and the petitioner heard to propone his defences he would Have proponed this defence Viz That the said Mcinchoiter was neither tennant nor possessor in the Lands of Ardwhillarie nor hade Larim nor forum for two years and more before the Committing the Crymes Lybelled which the petitioner could have proven by witnesses beyond Exception, and which would have eleided the said pursuit Bot that he was Servant to George Mcphatrick alias George Drummond who was allwayes tennant to the Earle of Pearth, and that the said Gregor being ane Captaine by Commission2 from the late King James and being in open hostility and rebellion against the government with his said master no Landlord can be answerable for depredationes Committed by these who were tennants and who broke out in open hostility And never returned to the ground, Bot this Mcinchoiter was neither tennent nor was ever in possession of any part of the petitioners estate therafter, Yet nevertheless etc And Therfore etc And Therfore Craveing the saids Lords would be pleased to grant Letters for calling the Chargers for productione of the Saids pretended Letters with the executiones therof Togither with the said pretended decreet wherupon the Samen proceeded To have been seen and Considered be the saids Lords and to have heard and Seen the Samen suspended as the said bill of Suspension at more Length bears Which Bill of Suspension being upon the Twentie Seventh day of February and Fourteinth day of March both Last by past read in presence of the saids Lords of his Majesties privy Councill They Granted two Severall Sists of executiones theron into two severall dyets both now bypast And in the mean time allowed the Chargers to See and answer the said bill of suspensione And the said Charger haveing Seen the said bill They returned the same And gave in answers therto Viz John Whit and the Said Adam Drumond of Megins his master obtained Decreet before the Commissioners of Justiciary of the Midle district of the Highlands against Keir and his tutors and Curators as heritors of the Lands of Ardwhollary and upon which lands and under the said Keir Patrick Mcinchoiter the robber and depredator of the said John Whites goodes Lives, for the Soume of Eight hundred seventie two pounds Scots as the value of the goods robbed and for Eight hundred merks for damnadges as the decreet more fully bears This decreet is offered to be Suspendit and to the bill of Suspension given in to the Lords of privy Councill for that effect Its answered Primo That the said bill denyes that Mcinchoiter was tennant to Keir the time of Committing the forsaid depredation etc To Which It is answered that the decreet and probatone therin3 taken is opponed wherby it is manifast that the said Mcinchoiter was tennant to the Laird of Keir the time of the robbery Lybelled and that he gott off the Stollen goods from Duncan Mcilphatrick who was the robber and resett, and made use of the Same, Whereby it is Certaine That Keir being Landlord for the time is undoubtedly Lyable, Nor is it of any moment that McChoiter is not called in the forsaid Decreet Because it is very true he was dead and hade non to represent him, Bot yet Since he was the knowen resetter it is undoubted that according to the Law of the Highlands that if the thift or resett be once proven the Land Lord is Lyable conforme to the acts of parliament Whither the resetter be dead or alyve Secundo It is alledged That the probation was taken and the witnesses examined before Keir was cited To Which it was answered That Keir at least Carden his Curator was Lawfullie cited by the Commissioners precept before any witnesses ware Sworne or examined And And4 it was not only upon a Suggestion afterwards that Keir himself was out of the Countrey That Letters of Suppliment were raised by delyverance of the Lords of Session to Sumond him cum processu and the day of Compearance past before any Sentance given in the Cause nor hath he any thing yet to Say more then what was alleadged by his Curator and procurator Tertio That the decreet is against Keir in absence It is answered That his Curator Compeared by his procurator as said is and whither he was present or absent its certaine; That to this day he can Object nothing against it Quarto That it is alleadged that the goods were away taken in the time of insurrectione in the Highlands in the year Jaj vic Eightie Nyne or Jaj vic Nyntie It is answered, That whither they were taken away the time of the Rable or not per inde est Since the Councill has most Justly found That the takeing away the time of the rebellion is not a just defence Bot on the Contrary Might be a Cloak for the greatest villianies And the only thing that the Complainer can alledge relevantly is that the goods were only caried away the time of the rebellion, Bot Consumed in the enimies Camp, Bot when it is Certainly knowen and proven that the goods were not so Consumed Bot were resett by the Said Mcinchoiter tennent to Keir upon his own ground, Keir was made most Justly Lyable and in effect if the pretext of every insurrection Should be Sustained to cover robers and depredationes in the Highlands their Should be no end of these villains and both Roberies and insurectiones would be therby multiplied In respect wherof the Said bill Ought to be refused as the answers bears And the said bill and answers therto being upon the fourth day of July instant Read in presence of his Majesties high Commissioner and the Lords of his Majesties privy Councill They by their Interloquitor of the said day Refused the Desire of the said bill of Suspension And allowed the former Letters raised at the Chargers Instance against the Suspender to be put to executione notwithstanding therof, And Therafter the said James Stirling of Keir and Archibald Stirline of Carden his Curator Gave in a petition to his Majesties high Commissioner and the Lords of his Majesties privy Councill Shewing That Wher the petitioner being these two years bygone out of the kingdome at his Studies and not yet returned and being cited before the Commissioners of Justiciary of the Midle district be vertue of their precept upon ane alledged depredation Committed by ane Mcinchoiter alledged tennent to the petitioner in Ardwhillarie upon the Lands pertaining to Adam Drummond of Megins, Att calleing of the forsaid ation5 It was proponed by Carden and the procurator, That the petitioner being out of the kingdome he could not be cited by vertue of the Commissioners precept Without a Suppliment, and which was Sustained and the petitioner appointed to be cited be vertue of a Suppliment at the Marcat Cross of Edinburgh pear and Shoar of Leith, Notwithstanding therof before any citation given to the petitioner or the dayes of the Ciation elapsed, Ther is probation adduced and advyssed, And Sentance pronounced without So much as calling parties And the petitioner decerned in the Soume of Eight Hundred Seventie two pounds, with Eight hundred merks of damnage and expensses And the petitioner being charged for payment therof The petitioner did present a bill of Suspension to the saids Lords in January last upon ther reasones that the forsaid Decreet was in absence quoad the petitioner, And that the same was unwarrantable by adduceing probatione without Citatione and advyseing the same without hearing the petitioner, Wheras if the petitioner hade been heard against the decreet, The petitioner would alleadged as now he do, That the probatione adduced does nowayes prove the said Patrick Mcinchoiter to be the petitioners tennent the time of the depredation, Bot the petitioner would have proven, And does now offer to prove by witnesses beyond exception, That he hade not been Tennant to the petitioner for near a year preceeding Bot ane Outlaw, and in hostility against the government under the Command of Gregor Mcgregor who was never the petitioners tenant Sicundo the petitioner was most unjustly charged as Land Lord to Patrick Mcinchoiter In respect the Lybell is only against the petitioner as Land Lord to Donald and Patrick Mcinlayes the petitioners tennants in Ardwhillarie, And there is no probation against them and Mcinchoiter is not so much as Lybelled against Conforme to the decreet produced so that the decreet is Contrary to the very Lybell So That it is hard that the petitioner Should be Decerned for debts Committed by rebells In whom the petitioner hade no intrest Neither before or after the depredation, This bill of suspension in January being ordained to See and answer, and so answers being given in for six moneths bygone, Bot the petitioners procurators allwayes expected to be heard, was Surprized That without any intimation to the petitioners procurators upon answers given in to the saids Lords the fourth instant by Megins after so long delay and the petitioners and his procurators in Security, The bill is refused and the Letters found orderly proceeded, and which is not usuall by the saids Lords And Therfore Humbly Craveing the saids Lords would be pleased To take the for saids reasones of Suspension to their Consideration, and allow the petitioners procurators to be heard upon the forsaids grounds and severall other unanswerable grounds Which Should be verified to the saids Lords And in the mean time to stope the decreet Which Bill or petition being upon the nynth day of July instant Read in presence of his Majesties high Commissioner and the Lords of privy Councill They by ther delyverance theron of the date the Nynth of July instant Stopped the interloquitor mentioned in the said petition of the date the fourth of July instant and discharged the extracting therof, And Declared that they would hear both parties Lawiers in their presence debate upon the reasones of suspension, And accordingly both parties Lawiers being this day called in presence of his Majesties high Commissioner and the saids Lords of privy Councill And Mr David Cuninghame and Mr Thomas Skeen Compearing as advocats for the said James Stirling of Keir and Archibald Stirling of Carden his Curator, and Sir James Stewart his majesties advocat and Mr David Dalrymple Compearing as advocats for the saids Adam Drummond of Megins and John Whyt chargers His Majesties high Commissioner and Lords of his Majesties privy Councill Haveing Considered the said bill of suspension and reasones of the said bill and answers forsaid made therto for the saids Chargers, And grounds of the charge, or decreet charged on with the haill wrytes produced for aither partie, and haveing at full Lengths heard both parties procurators debate as the Councill barr, and Considered the petition given in for the said James Stirling of Keir and Stirling of Carden his Curator His Grace and their Lordships Have Refused and hereby Refuses the said bill and reasones of Suspension, and notwithstanding of the same and of the other petition given in for Stirling of Keir and his said Curator Finds the former Letters at the instance of the said Adam Drummond of Megins and John Whyte late his tennent now in Rosyth chargers Orderly proceeded And Ordaines them to be put to farder executione against the Said James Stirling of Keir and his said Curator after the forme and tenor therof in all points.

1. NRS, PC2/27, 348r-353r.

2. The phrase ‘was allwayes tennant to the Earle of Pearth’ scored our here.

3. An illegible word scored out here.

4. Sic.

5. Sic.

1. NRS, PC2/27, 348r-353r.

2. The phrase ‘was allwayes tennant to the Earle of Pearth’ scored our here.

3. An illegible word scored out here.

4. Sic.

5. Sic.

Sederunt, 18 July 1700, Edinburgh

Posted on by

Att Edinburgh the Eighteinth day of July Jaj viic years1

D1700/7/32

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Mortone; Earl of Cassills; Earl of Lothian; Earl of Lowdon; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Carmichell S:; Lord Forbes; Lord Advocat; Lord Thesaurer Deput; Lord Aberuchill; Mr Fra: Montgomry; Lord Provest of Edinburgh

Att Edinburgh the Eighteinth day of July Jaj viic years1

D1700/7/32

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Mortone; Earl of Cassills; Earl of Lothian; Earl of Lowdon; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Carmichell S:; Lord Forbes; Lord Advocat; Lord Thesaurer Deput; Lord Aberuchill; Mr Fra: Montgomry; Lord Provest of Edinburgh

1. NRS, PC2/27, 348v.

2. NRS, PC2/27, 348r.

1. NRS, PC2/27, 348v.

2. NRS, PC2/27, 348r.