Act, 27 July 1699, Edinburgh

Att Edinburgh the Twentie Seventh of July Jaj vic Nyntie Nyne

D1699/7/111

Act

Act Changing John Weirs Sentance

Anent the petition given in to the Lords of his Majesties privy Councill be John Weir prisoner in the Tolbooth of Edinburgh and under Sentance of death Shewing That wheras the Commissioners of his Majesties Justiciary by their Sentence and Decreet hade ordained the petitioner to be put to death, For being found airt and part in the Cryme of falsiefieing his majesties Coyne, and the Sentance to be execute upon the twenty first of July instance now altered by the saids Lords Clemency and mercy to the eight of September nixt The petitioner in his former petitione did not offer to Lesen or extenuat his Cryme of himself Bot haveing obtained from Thomas Halloway who was execute for the forsaid cryme upon the twenty first of July instant by a declaration two hours before his death Subscrybed by himself and two witnesses Wherin he Declares that the petitioner was induced and inticed to goe allong with him in the said cryme, And the petitioner never cited or was capable to act, and this he declared as a dying man as the declaratione therwith produced would testifie And Therfore humbly Craveing the saids Lords would be pleased for the Lords sake yet to consider his misserable case and out of their Lordships wonted clemency and Compassion to Commiserat the petitioners condition and to Change the Sentence of death pronounced against the petitioner into a Sentence of perpetuall banishment to any place in the world That their Lordships thought fitt to appoint without returne under the payne of death as the petition bears. The Lords of his majesties privy Councill haveing Considered the above petition given into them by the above John Weir Sentanced to death for false Coyne, with the declaration mentioned therin and produced therwith, They hereby Commute and Change the Sentence of death pronounced against the said John Weir and Discharges the Said Sentence of death to be put to executione against him, and Ordaines him to Continue in the prison of Edinburgh wher he now lyes untill farder Order from the Lords of privy Councill how he shall be disposed off. Sic subscribitur Marchmont Cancellar I:p:d: Crafurd Mar, Cassills, Kintoir, Strathnaver Forbes, Archibald Murray George Home.

Att Edinburgh the Twentie Seventh of July Jaj vic Nyntie Nyne

D1699/7/111

Act

Act Changing John Weirs Sentance

Anent the petition given in to the Lords of his Majesties privy Councill be John Weir prisoner in the Tolbooth of Edinburgh and under Sentance of death Shewing That wheras the Commissioners of his Majesties Justiciary by their Sentence and Decreet hade ordained the petitioner to be put to death, For being found airt and part in the Cryme of falsiefieing his majesties Coyne, and the Sentance to be execute upon the twenty first of July instance now altered by the saids Lords Clemency and mercy to the eight of September nixt The petitioner in his former petitione did not offer to Lesen or extenuat his Cryme of himself Bot haveing obtained from Thomas Halloway who was execute for the forsaid cryme upon the twenty first of July instant by a declaration two hours before his death Subscrybed by himself and two witnesses Wherin he Declares that the petitioner was induced and inticed to goe allong with him in the said cryme, And the petitioner never cited or was capable to act, and this he declared as a dying man as the declaratione therwith produced would testifie And Therfore humbly Craveing the saids Lords would be pleased for the Lords sake yet to consider his misserable case and out of their Lordships wonted clemency and Compassion to Commiserat the petitioners condition and to Change the Sentence of death pronounced against the petitioner into a Sentence of perpetuall banishment to any place in the world That their Lordships thought fitt to appoint without returne under the payne of death as the petition bears. The Lords of his majesties privy Councill haveing Considered the above petition given into them by the above John Weir Sentanced to death for false Coyne, with the declaration mentioned therin and produced therwith, They hereby Commute and Change the Sentence of death pronounced against the said John Weir and Discharges the Said Sentence of death to be put to executione against him, and Ordaines him to Continue in the prison of Edinburgh wher he now lyes untill farder Order from the Lords of privy Councill how he shall be disposed off. Sic subscribitur Marchmont Cancellar I:p:d: Crafurd Mar, Cassills, Kintoir, Strathnaver Forbes, Archibald Murray George Home.

1. NRS, PC2/27, 224v-225r.

1. NRS, PC2/27, 224v-225r.

Sederunt, 27 July 1699, Edinburgh

Att Edinburgh the Twentie Seventh of July Jaj vic Nyntie Nyne1

D1699/7/102

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Earl of Argyll; Earl of Crafurd; Earl of Marr; Earl of Mortone; Earl of Cassills; Earl of Lauderdale; Earl of Lothian; Earl of Leven; Earl of Annandale; Earl of Northesk; Earl of Forfar; Earl of Kintoir; Lord Strathnaver; Lord Jedburgh; Lord Carmicheall; Lord Forbes; Lord Boyle; Lord Advocat; Lord Thesaurer Deput; Lord Aberurchill; Lord Rankeillor; Mr Fran: Montgomry; Laird of Blackbarrony; Laird of Stivenson; Lord Provost of Edinburgh

Att Edinburgh the Twentie Seventh of July Jaj vic Nyntie Nyne1

D1699/7/102

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Earl of Argyll; Earl of Crafurd; Earl of Marr; Earl of Mortone; Earl of Cassills; Earl of Lauderdale; Earl of Lothian; Earl of Leven; Earl of Annandale; Earl of Northesk; Earl of Forfar; Earl of Kintoir; Lord Strathnaver; Lord Jedburgh; Lord Carmicheall; Lord Forbes; Lord Boyle; Lord Advocat; Lord Thesaurer Deput; Lord Aberurchill; Lord Rankeillor; Mr Fran: Montgomry; Laird of Blackbarrony; Laird of Stivenson; Lord Provost of Edinburgh

1. NRS, PC2/27, 224v.

2. NRS, PC2/27, 224v.

1. NRS, PC2/27, 224v.

2. NRS, PC2/27, 224v.

Decreet, 25 July 1699, Edinburgh

Att Edinburgh the Twenty Fyfth day of July Jaj vic Nyntie Nyne

D1699/7/91

Decreet

Decreit Muray of Abercarny and others Against Gilbert McEwen The Laird of Leny and others

Anent the bill of Suspension given in and presented to the Lords of his Majesties privy Councill be Gilbert Mceven in Lurgabuy in Braeleny Duncan Mcanorser sometime in Orb, Donald Manorser in Dounardoch, Donald Buchanan Sometime of Burn of Cambus and John and Henry Buchanans elder and younger of Leny their master and Land Lord for their intrest Shewing That wher the petitioners are lately charged be vertue of Letters of horning raised at the instance of Donald and David Andersones in Haldrig William Anderson in Beigs John Davidson their, James Waddell in Kinparoch and Margaret Dow relict of umquhill John Reid in Clockplay all tennents to Sir Robert Murray of Abercarny, and the said Sir Robert Murray and Hary Christison procurator Fiscall to the Justiciary Court of the Midle district appointed by his Majestie for Setleing and Secureing the peace of the Highlands for their intrest, To make payment to them of the Soumes of money principall damnadges and expenses Ilk ane of the petitioners for their oun parts as is after divydit Viz the said James Waddell of the Soume of Eight merks Scots money for ilk ane of the Number of Fourtie Large Weddersheep with thrie hundred merks money forsaid 2 of damnadge and expences Item more to the said James Waddell the Soume of Thriescore Sixtein pounds money forsaid as the pryce of two horsses with five hundred merks of damnadge and expences alledged due by him the said Donald Mcamorser in Dunardoch and the Saids John and Henry Buchanans to the said James Waddell one of the Chargers And alse to make payment to the said William Anderson John Davidson and Donald Andersone the Soume of Thrie hundred and fourtie merks money forsaid as the pryce of Threttie eight Large Weddersheep with thrie hundred merks of Damnadge and expensses alledged due by the said Donald Mcamorser and the Saids John and Henry Buchanans his said Master and Landlord for their intrest To the saids William Anderson John Davidsone and Donald Andersone, And in Like maner to make payment to the said Margret Dow and the said Sir Robert Murray her said master and the said procurator Phiscall of Court of the Soume of ane hundred and fourtie four merks money forsaid As the pryce of twelue Large weddersheep with ane hundred pounds of Damnadges and expences due by the said Findlay Mcanorser and the said John and Hary Buchanans the petitioners said master and Landlord for their intrests, And Suklike to make payment to the saids Donald and David Andersones of the Soume of Two hundred and Twenty pounds money forsaid with four Hundred merks of Damnadges and expensses alledged due by the saids Donald and Duncan Mcamorsers and the said Gilbert Mceven and the saids John and Hary Buchanans and alse the haill fornamed persones To make payment to the said Hary Christison procurator Fiscall for the use of the said Court of the Twentieth part of the haill respective Soumes abovewryten all Specified and Contained in ane pretended decreet alledged obtained at the instance of the fornamed persones against the petitioners and ther saids masters and Land Lords for their intrests before the Commissioners of Justiciary of the Midle district appointed for Setling and Secureing of the peace of the Highlands upon the Twenty day of March Last by past, And sicklike the petitioner was Charged to make payment to Alexander Drumond of Balhadies of the Soume of Eleven hundred pounds Scots money or therby with Certaine damnadges and expensses contained in ane decreet given and pronounced by the Saids Commissioners of Justiciary in the Said Court held at Dumblaine against the petitioners upon the […] day of the said moneth of March Last by past within Certaine Short Spaces nixt after the respective Charges under the payne of rebellion and putting of the petitioners to the horne and poynding of their goods and geir most wrongeously and unjustly Considering it Is of verity that the forsaid decreet at Abercarny and his tennents their instance proceeds upon ane probatione Led in absence against the petitioners at ane Court held at Stirling in October Jaj vic Nyntie Eight to which the petitioners are not cited for alledged accession to thift and resett wheras the petitioners are altogither Innocent and yet at that Court wher the Earle of Marr and Mr Adam Drumond of Meggins preceeded The Commissioners of Justiciary In Respect of the act of parliament appointing witnesses to be received in presence of the partie, and that the witnesses adduced were Such Common Ultronious and Nottorious Villans and theives who hade at all the Courts Exhibit Testimonies for a fourtein Or a Shilling even against the most honest men in the Countrey Being all under protections for thift etc Did not only Supperceid and delay to advyse or give any Sentance upon that testimony in all cases in Generall Bot also in his in particular With this Speciality Reserving the petitioners defences and objections against them before advyseing and accordingly the petitioners upon Nottice therof, haveing attended the nixt Court Which Satt at Pearth in Jannuary also Last Wherunto the Earle of Tullibarden was preces Did apply by way of petition which did bear their most relevant objections against the haill witnesses adduced Such as primo That they were all Comon theives who only came under protections to the Courts and were actually the Theives resetters and Taskallers of the goods Lybelled and Consequently Scorii Cruninis /2o/ That they did by themselves and others in their name express their bearing malice and ill will at Leny and his familly and promist to doe them ane ill turne Because they hade been accessory to bring some of their associats to punishment for their Crymes and Villanies /3o/ That those of the witnesses of the late name of Clan-Gregor bore the petitioners at deadly fead, and some of them were actually at the Murder of Lenys Grandfather all which objectiones which were most relevant to Cast the said witnesses the petitioners offered to prove by most habite witnesses, Wherupon the said Court at Pearth did by their interloquitor of the date the Seventh day of January Last by past under the hand of My Lord Tillibardin preses before Considering the relevancy of the objections allow the petitioners ane dilligence against witnesses for proveing therof and ordered a list of Such witnesses as the petitioners were to make use off to be given to Abercarny That he might have time to object against them and adduce probation to that effect And accordingly the petitioners did upon the Tenth day of February last a very Competent time before the said last Court at Dumblaine give in a list of most famous witnesses for proveing the petitioners Objections to Abercarny as the Copie of the Chargers Lybell, and interloquitor therupon at the Court at Stirling and a Copie of the petitioners petition and delyverance therupon at Pearth Court with a Copie of the List of the witnesses given to Abercarny therewith produced bears, Likeas /2o/ applicatione being made by Livetenant Collonell John Areskine and John Cuninghame of Ballandalloch wryter to the Signet two of the Commissioners of the said Highland Justiciary To his Majesties advocat for advyce anent the Ultronious protected, rogues who came in and fore hyre Sold their testimonies and probatione And the saids John and Hary Buchananas haveing given in a particular Memoriall for their case The advocat was pleased to advyse the matter with the saids Lords who therupon appointed a speciall Committie for regullating that Judicatur and wherupon report from the Committie was prepared and ready to be given in Wherby the Committie were of oppinion, That no Such witnesses as were admitted could be received at least against the petitioners the heritors as the Copie of the report bears, Wherby the said Hary Buchanan returned home and rested Secure, But about adjournment of the Councill the saids Lords being throng with greater affairs the report was not gott advised, Bot the said Adam Drumond of Megins being in toune (who for the most part is still preces to that Court) promist that no furder procedure should be made and accordingly sent word to that effect to the Court of Drumblaine by George Cockburne their Clerk, and which accordingly he delyvered, notwithstanding wherof the petitioners being informed, That the Court enclyned to proceed in their affair, Did wryt by ane express to his Majesties advocat who by his Letter therwith produced (which verifies and Confirmes the above Copie to be the3 true double of the principall report) Declared that report to be the Committies procedure in the affair and conforme to Law And Signifieing his expectation that the Court would not Otherwayes proceed till the Councills pleasure were knowen, Notwithstanding wherof the Court at Dumblaines which consisted much of strangers, To what hade either past in Court and who it seems would neither regaird the report of the Committie or the advocats Letter, Did proceed to advise and determine in their cause, And not only so farr Disrespected both the Councill (before which the petitioners affair being tabled till they hade advysed the report in discreation it might been expected they would Superceeded Especially Seing two of the most knowing of their oun number hade applyed for advyse and direction) and the advocats Letter, yea even the former delyverance and interloquitor given in the petitioners favors at the Courts at Stirling and Pearth That they repelled the petitioners haill Objectiones against the witnesses and probation and Sumarly without ever examineing one of the witnesses (whom the petitioner hade adduced for proveing their objectiones) Decerned against the petitioners, And Captain Leonard Robertsone of Straloch being preses, It was plainly told at least Suggested to the petitioner the said Hary Buchanan, That this this they hade done to Learn him to be so bold as to offer to date apply to the saids Lords of the Councill /3o/ To Shew how much 4 the petitioners and ther tennants are abused, albeit they were most Innocent of the matter Lybelled and farder then that perhaps the witnesses adduced and Some such rogues might dryve goods stollen, by them throw their Land or into Some houses upon the Sheills (and which is evident frae a Copie of the famous probatione Sustained against the petitioners Wherby the most part of the witnesses Depone at lifting and stealling the goods Lybelled) yet the petitioners are decerned forsooth in Eight or nyne merks for every eve, and in upwards of Two Thousand and ane hundred merks for damnadges and expensses as the Charge of horning therre with produced doeth instruct /4o/ So forward was they That they have Decerned for more then was Lybelled, In so far as ther is only thrie hundred and four merks Lybelled as the pryce of the Threttie Eight wedders pursued for And yet Decreet is given and the petitioner was Charged accordingly for Thrie hundred and fourtie Eight Merks As the said Charge and Copie of the Lybell verifies /5o/ allwayes denying that any tennents belonging to the petitioners the saids John or Hary Buchanans hade any accession to the thift or resett Lybelled yet some therof being done in the time of the Late open Highland rebellion, Land Lords who are only by the Construction of Law, That Supposes it in their power to Command their tenents) Lyable cannot at all be answerable for them in the time of that open hostility when they revolted from his majestie their dread Soveraigne and which was the oppinion of the Councill in that process pursued at the instance of the Laird of Kilmaronock, as is also instructed from the principall answers given by his majesties advocat under his hand to a querie of the said Highland Court therwith produced /2o/ As to others of the petitioners tennents the petitioners hade produced them to Justice and particularly the said Findlay Mcmorser is Lying Just now prisoner in the Tolbooth of Stirling, which is all that by Law Land Lords are lyable to Sexto The said decreet being taken away as to the principall Charger It falls as to the Fiscall in Consequence And the saids John and Hanry Buchanans for themselves and in name of their tennents Concerned Doe repeat the Samen reasones against that decreet obtained at the instance of the said Alexander Drumond of Balhadies And Therfore the forsaid two pretended Decreets Letters of horning following therupon and executiones of the Samen and haill effect therof Ought and should be suspended Nevertheless they were Content to find Sufficient Caution acted in the Saids Lords books Incase etc And Therfore Humbly Craveing the saids Lords to Grant Lteters to Charge the said Chargers To Compear and Bringing with them etc To be Seen and Considered etc As in the said bill of Suspension at more Lenth is Contained Which Bill of Suspension Being Read in presence of the Saids Lords They Sisted executione theron untill ane Certaine day then nixt to come now bygone, And in the mean time Ordained the Charger to see and answer Conforme wherunto the said Chargers haveing seen the said bill of Suspension and taken inspectione therof They gave in the answers therto following viz The first reason of Suspension is That the said decreet proceeds upon a probation Led in absence to which the Suspenders were never cited, To Which Its answered That the suspenders were not only Lawfullie Charged to Compear at the Said Court (whose dyets are peremptor) as appears by the decreet therwith produced, Bot also Leny younger was personally present the same day in Stirling that the action was called, and wilfully absented himself That the receiveing of the saids witnesses might be postponed therby designeing to gaine time for frustrating the Chargers of their probation as formerly he hade don at Dumbartoune the Court Immediatly preceeding, wher the same action was intented at which time he most iniquiously conducted and Suborned Severall witnesses for reprobating the witnesses adduced by the Chargers for proveing the Lybell at the Said Court Which he did effectuat, and this is evident by the Declaratione of the saids witnesses before the Commissioners of Justiciary therwith given in, And by the declaratione of others retained in the Clerk of that Court his records which came to light by the Commissioners most painfull and dilligent inquyry, what the ground was of a Clamerous Complaint made to the privy Councill by Leny upon the Saids Commissioners haveing received Subborn witnesses against him which is intirely false, For the saids Commissioners haveing made search as said is Did find non concerned in such a villany, and such as were in his Circumstances to wit defenders, The Second reason of Suspension is That the witnesses adduced were notorious villans, and altho the Commissioners Did Declare, That in respect of the act of parliament by which witnesses are to be adduced in presence of the party, The Suspenders Should have been allowed to propone their objectiones against the witnesses at adviseing It wes answered That the Commissioners did indeed proceed with all tendernes to the Suspenders Bot the Lybell being only for restitution and repairation of Civill damnadges It was most Justly admitted to probation, albeit the suspender thought it not fitt to be present at the examinatione of the witnesses and as the Commissioner did allow the Liberty to object, so they did object, and their objectiones were afterward most Justly repelled as will appear by what followed The Suspender does keap infamous and false alledgances against the5 witnesses As first that they were theives, Resetts Taskallers and Sory Crimmis 2dly that they had exposed malice against Leny for bringing them and some other to Justice, and Some of the witnesses were accessory to the murder of his Grandfather Which objectiones being admitted to his probation and he appointed to give in a List of the witnesses to be adduced for proveing the Objectiones to the Chargers, he did accordingly give that List to the Chargers the tenth of February a sufficient time before the Sitting of the Court yet his witnesses was not received to prove his objections Bot he was decerned It was answered That the parties being one formerly cited and haveing Contumaciously Disobeyed and failled to appear although Leny younger was upon the place, It was abundance of favor that the objectiones against the witnesses were Reserved and a dyet appointed for proveing of them, Bot this being against the Comon rules, as Leny was allowed a probation contrair to them Which allowes no probation against witnesses Unless the party protest for reprobator before adduceing of the witnesses, or the objections be instantly verified, so the Commissioner Ordained Leny to give in to the Chargers a List of the witnesses he was to make use of in the reprobator that the Chargers might Likewayes redargue the Suspenders witnesses And that betwixt the first day of February Bot altho all this was favor, and the interloquitors of that Court are peremptor Leny thought fitt to faill in Sending this List againe the first of February As he was appointed Therfore the Court did proceed to determine rejecting his witnesses And ther was most Just ground for it, For Leny haveing failled as is acknowledged by the bill of Suspension to intimat the List of his witnesses againe the terme assigned It was equivolent to a Circumduction, Nor hade the Chargers the time allowed them by the interloquitor to adduce witnesses for redargueing Lenies witnesses, And the Lords of Councill would be pleased especially to remark That Lenies probationes would not bot be Suspicious after the particulars which hade hapned at Dumbartone /2o/ The Objectiones against the witnesses Ought not to be Sustained, Because they were not only Contrary to the Still and Custome of the Court of Justiciary who admitt witnesses albeit Suspect of resett and accessory to the Crymes And determine with regaird to all these grounds of Suspition upon due Consideratione of the Circumstances and Credibility That Arysses upon tryall of the haill matter Bot Likewayes even against the designe of Such Commission for as these Commissions are appointed for the extraordinar case and Circumstances of the highlands so they are allowed a greater Latitude in the exercise of their Jurisdiction, And the Crymes requyre a Singular maner of probation /4o/ The suspender does alledge that two of the Commissioners haveing applyed to the kings advocat for advise Concerning what witnesses were to be admitted in Such cases, and his Lordship haveing Laid the Matter before the Councill, Ther was a Committie appointed to Consider it who did prepair a report which was not devised Because of the other more urgent affairs of the Councill Bot one of the Commissioners being in toune promised their should be no furder procedure untill the report were advised, yet the Commissioners did proceed to determined at Dumblaine Its answered primo These queries could not concerne his particular Caise, For the Suspender was allowed to prove all the Objectione in the Queries, Which he offered in Court, and not haveing obeyed the termes prescrybed him by the Commissioners He faillied by his oun fault 2dly The forsaid report was not approven, and when offered to Councill, It was put off to a farder Consideration, and indeed it is of great Concerne to that part of the nation that the Commission of Justiciary be allowed to proceed with all necessary freedome without which the queit and intrest of that Countrey most necessarly perish Quinto It was alledged for the Suspenders That they are6 decerned in exhorbitant pryces and damnadges It is answered That by the Constant Custome of the Court the pursuers being found really Spulzied and robbed The Commissioners Finds it most Just to allow the pursuers Inra mentum in Litem both as to the goods taken away and the expensses, Nor is their any exorbitance of either in this case for the goods were7 really worth the pryces Lybelled at the time of their being spulzied And Considering the vast defficultie in discovering and pursueing villanies of thus Nature, The expensses Is no more then what is Suitable for albeit the Totall of the Decreet appears Somewhat considerable yet the Samen will be but Small when divyded amongst the severall persones to whom the fyve severall depredationes contained in the Decreets belongs, 6o8 Wheras it is alledged, that the Court was so forward as to decerne for more then is Lybelled In so farr as ther was only thrie hundred and four merks lybelled As the pryce of the Threttie Eight wedders Wheras ther is Thrie hundred fourtie Eight merks Decerned Its answered that the decreet is apponed Wherby the decernitor is precesly Conforme to the lybell, And the termes of the bill being that the Commissioners were so forward are disrespectfull /7o/ And Wheras it is alledged that Some of the depredationes Lybelled were in the time of the late insurrectione in the Highlands And Therfore that the saids Lairds of Leny cannot be lyable for any thifts or recepts committed by his men at that time, Its answered That the alledgance is not relevant primo because these robberies were not Committed by ane parties in hostile opposition /2o/ the Commissioners of Justiciary haveing applyed to the Councill for advice in the said matter and their Lordships by their act the Twentie Nynth of November Jaj vic nyntie four Found all persones lyable in restitution of goods Stollen dureing the said insurrectione unless the partie pursued for restitution could prove that the goods away taken were brought into, Consumed in their enemies Camp Which is not so much as alledged by Lenny and tho it were its weell knowen that neither he nor his men were concerned in that insurrection as to the pretence that the principall decreet being taken away the decernitare for the expensses in favors of the Fiscall does Likewayes fall Its answered The Suspenders shall have ane answer when they remove the principall decreet The Saids Lords of privy Councill by their act dated the fourtein of Feburary Jaj vic Nyntie Fyve were pleased to declare that they would grant no sist nor suspension of the Justiciar decreets till first the suspender instruct palpable iniquity to be Committed by the Judges by productione of ane extract of the decreet under the Clerk of Courts hand, or ane instrument against them that he refused to give ane extract Bot to postpone the Charger of his Just payment, and to procure ane Suspension of the Charge, Lenny Consults his agent a persone very fitt for his purpose, And he forsooth patches up ane instrument bearing that he requyred the Clerk to give ane extract, and that the Clerk refused it albeit the Clerk cann prove that he was alibi at the time; By all which tricks and Sinistreous methods, The saids Lords might evidently perceive That Leny designs villany as weell as his men acted it, by stealling of the chargers goods now Claimed, and therfore the Suspensione Ought not only to be refused, Bot it merits the saids Lords Consideration to examine in the Subborning of witnesses and the patching up of the false instrument For if Such acts of Subborning and Forgery pass unpunished no man is secure either of life or fortune, And of what dangerous Consequence this may prove to the nation Is humbly remitted to the saids Lords Consideratione It is in the last place earnestly intreated the Saids Lords would be pleased to Decerne large expensses to the chargers for presenteing and attending this action before the saids Lords because the petitioners are all poor people uttarely beggered and ruined by the frequent thifts and robberies Committed upon the petitioners Wherby the petitioners are incapacitat to prosecute their actions themselves, Therfore Abercarny their master was necessitate for procureing releive to them in their distress to pursue the Samen which has cost him very great trouble and expence in procureing the said decreet the Samen being most Litigeously and contumaciously defended both before the Commissioners and the saids Lords as the answers bears The Lords of his majesties privy Councill Haveing Considered the above bill of Suspension Given in to them be the above Gilbert Mceven Duncan Mcinorse Donald Mcinorse Donald Buchanan and John and Hendry Buchanans elder and younger of Leny their masters suspender against the above Donald and David Andersons William Anderson John Davidson, James Waddell, Margret Dow, and Sir Robert Murray of Abercarny and the above Hary Chrystie with the Chargers answers made therto They have Refused and hereby Refuses the said bill of Suspension and Finds the Letters at the Chargers instance against the Suspenders Orderly proceeded And Ordaines the same to be put to farder executione.

Att Edinburgh the Twenty Fyfth day of July Jaj vic Nyntie Nyne

D1699/7/91

Decreet

Decreit Muray of Abercarny and others Against Gilbert McEwen The Laird of Leny and others

Anent the bill of Suspension given in and presented to the Lords of his Majesties privy Councill be Gilbert Mceven in Lurgabuy in Braeleny Duncan Mcanorser sometime in Orb, Donald Manorser in Dounardoch, Donald Buchanan Sometime of Burn of Cambus and John and Henry Buchanans elder and younger of Leny their master and Land Lord for their intrest Shewing That wher the petitioners are lately charged be vertue of Letters of horning raised at the instance of Donald and David Andersones in Haldrig William Anderson in Beigs John Davidson their, James Waddell in Kinparoch and Margaret Dow relict of umquhill John Reid in Clockplay all tennents to Sir Robert Murray of Abercarny, and the said Sir Robert Murray and Hary Christison procurator Fiscall to the Justiciary Court of the Midle district appointed by his Majestie for Setleing and Secureing the peace of the Highlands for their intrest, To make payment to them of the Soumes of money principall damnadges and expenses Ilk ane of the petitioners for their oun parts as is after divydit Viz the said James Waddell of the Soume of Eight merks Scots money for ilk ane of the Number of Fourtie Large Weddersheep with thrie hundred merks money forsaid 2 of damnadge and expences Item more to the said James Waddell the Soume of Thriescore Sixtein pounds money forsaid as the pryce of two horsses with five hundred merks of damnadge and expences alledged due by him the said Donald Mcamorser in Dunardoch and the Saids John and Henry Buchanans to the said James Waddell one of the Chargers And alse to make payment to the said William Anderson John Davidson and Donald Andersone the Soume of Thrie hundred and fourtie merks money forsaid as the pryce of Threttie eight Large Weddersheep with thrie hundred merks of Damnadge and expensses alledged due by the said Donald Mcamorser and the Saids John and Henry Buchanans his said Master and Landlord for their intrest To the saids William Anderson John Davidsone and Donald Andersone, And in Like maner to make payment to the said Margret Dow and the said Sir Robert Murray her said master and the said procurator Phiscall of Court of the Soume of ane hundred and fourtie four merks money forsaid As the pryce of twelue Large weddersheep with ane hundred pounds of Damnadges and expences due by the said Findlay Mcanorser and the said John and Hary Buchanans the petitioners said master and Landlord for their intrests, And Suklike to make payment to the saids Donald and David Andersones of the Soume of Two hundred and Twenty pounds money forsaid with four Hundred merks of Damnadges and expensses alledged due by the saids Donald and Duncan Mcamorsers and the said Gilbert Mceven and the saids John and Hary Buchanans and alse the haill fornamed persones To make payment to the said Hary Christison procurator Fiscall for the use of the said Court of the Twentieth part of the haill respective Soumes abovewryten all Specified and Contained in ane pretended decreet alledged obtained at the instance of the fornamed persones against the petitioners and ther saids masters and Land Lords for their intrests before the Commissioners of Justiciary of the Midle district appointed for Setling and Secureing of the peace of the Highlands upon the Twenty day of March Last by past, And sicklike the petitioner was Charged to make payment to Alexander Drumond of Balhadies of the Soume of Eleven hundred pounds Scots money or therby with Certaine damnadges and expensses contained in ane decreet given and pronounced by the Saids Commissioners of Justiciary in the Said Court held at Dumblaine against the petitioners upon the […] day of the said moneth of March Last by past within Certaine Short Spaces nixt after the respective Charges under the payne of rebellion and putting of the petitioners to the horne and poynding of their goods and geir most wrongeously and unjustly Considering it Is of verity that the forsaid decreet at Abercarny and his tennents their instance proceeds upon ane probatione Led in absence against the petitioners at ane Court held at Stirling in October Jaj vic Nyntie Eight to which the petitioners are not cited for alledged accession to thift and resett wheras the petitioners are altogither Innocent and yet at that Court wher the Earle of Marr and Mr Adam Drumond of Meggins preceeded The Commissioners of Justiciary In Respect of the act of parliament appointing witnesses to be received in presence of the partie, and that the witnesses adduced were Such Common Ultronious and Nottorious Villans and theives who hade at all the Courts Exhibit Testimonies for a fourtein Or a Shilling even against the most honest men in the Countrey Being all under protections for thift etc Did not only Supperceid and delay to advyse or give any Sentance upon that testimony in all cases in Generall Bot also in his in particular With this Speciality Reserving the petitioners defences and objections against them before advyseing and accordingly the petitioners upon Nottice therof, haveing attended the nixt Court Which Satt at Pearth in Jannuary also Last Wherunto the Earle of Tullibarden was preces Did apply by way of petition which did bear their most relevant objections against the haill witnesses adduced Such as primo That they were all Comon theives who only came under protections to the Courts and were actually the Theives resetters and Taskallers of the goods Lybelled and Consequently Scorii Cruninis /2o/ That they did by themselves and others in their name express their bearing malice and ill will at Leny and his familly and promist to doe them ane ill turne Because they hade been accessory to bring some of their associats to punishment for their Crymes and Villanies /3o/ That those of the witnesses of the late name of Clan-Gregor bore the petitioners at deadly fead, and some of them were actually at the Murder of Lenys Grandfather all which objectiones which were most relevant to Cast the said witnesses the petitioners offered to prove by most habite witnesses, Wherupon the said Court at Pearth did by their interloquitor of the date the Seventh day of January Last by past under the hand of My Lord Tillibardin preses before Considering the relevancy of the objections allow the petitioners ane dilligence against witnesses for proveing therof and ordered a list of Such witnesses as the petitioners were to make use off to be given to Abercarny That he might have time to object against them and adduce probation to that effect And accordingly the petitioners did upon the Tenth day of February last a very Competent time before the said last Court at Dumblaine give in a list of most famous witnesses for proveing the petitioners Objections to Abercarny as the Copie of the Chargers Lybell, and interloquitor therupon at the Court at Stirling and a Copie of the petitioners petition and delyverance therupon at Pearth Court with a Copie of the List of the witnesses given to Abercarny therewith produced bears, Likeas /2o/ applicatione being made by Livetenant Collonell John Areskine and John Cuninghame of Ballandalloch wryter to the Signet two of the Commissioners of the said Highland Justiciary To his Majesties advocat for advyce anent the Ultronious protected, rogues who came in and fore hyre Sold their testimonies and probatione And the saids John and Hary Buchananas haveing given in a particular Memoriall for their case The advocat was pleased to advyse the matter with the saids Lords who therupon appointed a speciall Committie for regullating that Judicatur and wherupon report from the Committie was prepared and ready to be given in Wherby the Committie were of oppinion, That no Such witnesses as were admitted could be received at least against the petitioners the heritors as the Copie of the report bears, Wherby the said Hary Buchanan returned home and rested Secure, But about adjournment of the Councill the saids Lords being throng with greater affairs the report was not gott advised, Bot the said Adam Drumond of Megins being in toune (who for the most part is still preces to that Court) promist that no furder procedure should be made and accordingly sent word to that effect to the Court of Drumblaine by George Cockburne their Clerk, and which accordingly he delyvered, notwithstanding wherof the petitioners being informed, That the Court enclyned to proceed in their affair, Did wryt by ane express to his Majesties advocat who by his Letter therwith produced (which verifies and Confirmes the above Copie to be the3 true double of the principall report) Declared that report to be the Committies procedure in the affair and conforme to Law And Signifieing his expectation that the Court would not Otherwayes proceed till the Councills pleasure were knowen, Notwithstanding wherof the Court at Dumblaines which consisted much of strangers, To what hade either past in Court and who it seems would neither regaird the report of the Committie or the advocats Letter, Did proceed to advise and determine in their cause, And not only so farr Disrespected both the Councill (before which the petitioners affair being tabled till they hade advysed the report in discreation it might been expected they would Superceeded Especially Seing two of the most knowing of their oun number hade applyed for advyse and direction) and the advocats Letter, yea even the former delyverance and interloquitor given in the petitioners favors at the Courts at Stirling and Pearth That they repelled the petitioners haill Objectiones against the witnesses and probation and Sumarly without ever examineing one of the witnesses (whom the petitioner hade adduced for proveing their objectiones) Decerned against the petitioners, And Captain Leonard Robertsone of Straloch being preses, It was plainly told at least Suggested to the petitioner the said Hary Buchanan, That this this they hade done to Learn him to be so bold as to offer to date apply to the saids Lords of the Councill /3o/ To Shew how much 4 the petitioners and ther tennants are abused, albeit they were most Innocent of the matter Lybelled and farder then that perhaps the witnesses adduced and Some such rogues might dryve goods stollen, by them throw their Land or into Some houses upon the Sheills (and which is evident frae a Copie of the famous probatione Sustained against the petitioners Wherby the most part of the witnesses Depone at lifting and stealling the goods Lybelled) yet the petitioners are decerned forsooth in Eight or nyne merks for every eve, and in upwards of Two Thousand and ane hundred merks for damnadges and expensses as the Charge of horning therre with produced doeth instruct /4o/ So forward was they That they have Decerned for more then was Lybelled, In so far as ther is only thrie hundred and four merks Lybelled as the pryce of the Threttie Eight wedders pursued for And yet Decreet is given and the petitioner was Charged accordingly for Thrie hundred and fourtie Eight Merks As the said Charge and Copie of the Lybell verifies /5o/ allwayes denying that any tennents belonging to the petitioners the saids John or Hary Buchanans hade any accession to the thift or resett Lybelled yet some therof being done in the time of the Late open Highland rebellion, Land Lords who are only by the Construction of Law, That Supposes it in their power to Command their tenents) Lyable cannot at all be answerable for them in the time of that open hostility when they revolted from his majestie their dread Soveraigne and which was the oppinion of the Councill in that process pursued at the instance of the Laird of Kilmaronock, as is also instructed from the principall answers given by his majesties advocat under his hand to a querie of the said Highland Court therwith produced /2o/ As to others of the petitioners tennents the petitioners hade produced them to Justice and particularly the said Findlay Mcmorser is Lying Just now prisoner in the Tolbooth of Stirling, which is all that by Law Land Lords are lyable to Sexto The said decreet being taken away as to the principall Charger It falls as to the Fiscall in Consequence And the saids John and Hanry Buchanans for themselves and in name of their tennents Concerned Doe repeat the Samen reasones against that decreet obtained at the instance of the said Alexander Drumond of Balhadies And Therfore the forsaid two pretended Decreets Letters of horning following therupon and executiones of the Samen and haill effect therof Ought and should be suspended Nevertheless they were Content to find Sufficient Caution acted in the Saids Lords books Incase etc And Therfore Humbly Craveing the saids Lords to Grant Lteters to Charge the said Chargers To Compear and Bringing with them etc To be Seen and Considered etc As in the said bill of Suspension at more Lenth is Contained Which Bill of Suspension Being Read in presence of the Saids Lords They Sisted executione theron untill ane Certaine day then nixt to come now bygone, And in the mean time Ordained the Charger to see and answer Conforme wherunto the said Chargers haveing seen the said bill of Suspension and taken inspectione therof They gave in the answers therto following viz The first reason of Suspension is That the said decreet proceeds upon a probation Led in absence to which the Suspenders were never cited, To Which Its answered That the suspenders were not only Lawfullie Charged to Compear at the Said Court (whose dyets are peremptor) as appears by the decreet therwith produced, Bot also Leny younger was personally present the same day in Stirling that the action was called, and wilfully absented himself That the receiveing of the saids witnesses might be postponed therby designeing to gaine time for frustrating the Chargers of their probation as formerly he hade don at Dumbartoune the Court Immediatly preceeding, wher the same action was intented at which time he most iniquiously conducted and Suborned Severall witnesses for reprobating the witnesses adduced by the Chargers for proveing the Lybell at the Said Court Which he did effectuat, and this is evident by the Declaratione of the saids witnesses before the Commissioners of Justiciary therwith given in, And by the declaratione of others retained in the Clerk of that Court his records which came to light by the Commissioners most painfull and dilligent inquyry, what the ground was of a Clamerous Complaint made to the privy Councill by Leny upon the Saids Commissioners haveing received Subborn witnesses against him which is intirely false, For the saids Commissioners haveing made search as said is Did find non concerned in such a villany, and such as were in his Circumstances to wit defenders, The Second reason of Suspension is That the witnesses adduced were notorious villans, and altho the Commissioners Did Declare, That in respect of the act of parliament by which witnesses are to be adduced in presence of the party, The Suspenders Should have been allowed to propone their objectiones against the witnesses at adviseing It wes answered That the Commissioners did indeed proceed with all tendernes to the Suspenders Bot the Lybell being only for restitution and repairation of Civill damnadges It was most Justly admitted to probation, albeit the suspender thought it not fitt to be present at the examinatione of the witnesses and as the Commissioner did allow the Liberty to object, so they did object, and their objectiones were afterward most Justly repelled as will appear by what followed The Suspender does keap infamous and false alledgances against the5 witnesses As first that they were theives, Resetts Taskallers and Sory Crimmis 2dly that they had exposed malice against Leny for bringing them and some other to Justice, and Some of the witnesses were accessory to the murder of his Grandfather Which objectiones being admitted to his probation and he appointed to give in a List of the witnesses to be adduced for proveing the Objectiones to the Chargers, he did accordingly give that List to the Chargers the tenth of February a sufficient time before the Sitting of the Court yet his witnesses was not received to prove his objections Bot he was decerned It was answered That the parties being one formerly cited and haveing Contumaciously Disobeyed and failled to appear although Leny younger was upon the place, It was abundance of favor that the objectiones against the witnesses were Reserved and a dyet appointed for proveing of them, Bot this being against the Comon rules, as Leny was allowed a probation contrair to them Which allowes no probation against witnesses Unless the party protest for reprobator before adduceing of the witnesses, or the objections be instantly verified, so the Commissioner Ordained Leny to give in to the Chargers a List of the witnesses he was to make use of in the reprobator that the Chargers might Likewayes redargue the Suspenders witnesses And that betwixt the first day of February Bot altho all this was favor, and the interloquitors of that Court are peremptor Leny thought fitt to faill in Sending this List againe the first of February As he was appointed Therfore the Court did proceed to determine rejecting his witnesses And ther was most Just ground for it, For Leny haveing failled as is acknowledged by the bill of Suspension to intimat the List of his witnesses againe the terme assigned It was equivolent to a Circumduction, Nor hade the Chargers the time allowed them by the interloquitor to adduce witnesses for redargueing Lenies witnesses, And the Lords of Councill would be pleased especially to remark That Lenies probationes would not bot be Suspicious after the particulars which hade hapned at Dumbartone /2o/ The Objectiones against the witnesses Ought not to be Sustained, Because they were not only Contrary to the Still and Custome of the Court of Justiciary who admitt witnesses albeit Suspect of resett and accessory to the Crymes And determine with regaird to all these grounds of Suspition upon due Consideratione of the Circumstances and Credibility That Arysses upon tryall of the haill matter Bot Likewayes even against the designe of Such Commission for as these Commissions are appointed for the extraordinar case and Circumstances of the highlands so they are allowed a greater Latitude in the exercise of their Jurisdiction, And the Crymes requyre a Singular maner of probation /4o/ The suspender does alledge that two of the Commissioners haveing applyed to the kings advocat for advise Concerning what witnesses were to be admitted in Such cases, and his Lordship haveing Laid the Matter before the Councill, Ther was a Committie appointed to Consider it who did prepair a report which was not devised Because of the other more urgent affairs of the Councill Bot one of the Commissioners being in toune promised their should be no furder procedure untill the report were advised, yet the Commissioners did proceed to determined at Dumblaine Its answered primo These queries could not concerne his particular Caise, For the Suspender was allowed to prove all the Objectione in the Queries, Which he offered in Court, and not haveing obeyed the termes prescrybed him by the Commissioners He faillied by his oun fault 2dly The forsaid report was not approven, and when offered to Councill, It was put off to a farder Consideration, and indeed it is of great Concerne to that part of the nation that the Commission of Justiciary be allowed to proceed with all necessary freedome without which the queit and intrest of that Countrey most necessarly perish Quinto It was alledged for the Suspenders That they are6 decerned in exhorbitant pryces and damnadges It is answered That by the Constant Custome of the Court the pursuers being found really Spulzied and robbed The Commissioners Finds it most Just to allow the pursuers Inra mentum in Litem both as to the goods taken away and the expensses, Nor is their any exorbitance of either in this case for the goods were7 really worth the pryces Lybelled at the time of their being spulzied And Considering the vast defficultie in discovering and pursueing villanies of thus Nature, The expensses Is no more then what is Suitable for albeit the Totall of the Decreet appears Somewhat considerable yet the Samen will be but Small when divyded amongst the severall persones to whom the fyve severall depredationes contained in the Decreets belongs, 6o8 Wheras it is alledged, that the Court was so forward as to decerne for more then is Lybelled In so farr as ther was only thrie hundred and four merks lybelled As the pryce of the Threttie Eight wedders Wheras ther is Thrie hundred fourtie Eight merks Decerned Its answered that the decreet is apponed Wherby the decernitor is precesly Conforme to the lybell, And the termes of the bill being that the Commissioners were so forward are disrespectfull /7o/ And Wheras it is alledged that Some of the depredationes Lybelled were in the time of the late insurrectione in the Highlands And Therfore that the saids Lairds of Leny cannot be lyable for any thifts or recepts committed by his men at that time, Its answered That the alledgance is not relevant primo because these robberies were not Committed by ane parties in hostile opposition /2o/ the Commissioners of Justiciary haveing applyed to the Councill for advice in the said matter and their Lordships by their act the Twentie Nynth of November Jaj vic nyntie four Found all persones lyable in restitution of goods Stollen dureing the said insurrectione unless the partie pursued for restitution could prove that the goods away taken were brought into, Consumed in their enemies Camp Which is not so much as alledged by Lenny and tho it were its weell knowen that neither he nor his men were concerned in that insurrection as to the pretence that the principall decreet being taken away the decernitare for the expensses in favors of the Fiscall does Likewayes fall Its answered The Suspenders shall have ane answer when they remove the principall decreet The Saids Lords of privy Councill by their act dated the fourtein of Feburary Jaj vic Nyntie Fyve were pleased to declare that they would grant no sist nor suspension of the Justiciar decreets till first the suspender instruct palpable iniquity to be Committed by the Judges by productione of ane extract of the decreet under the Clerk of Courts hand, or ane instrument against them that he refused to give ane extract Bot to postpone the Charger of his Just payment, and to procure ane Suspension of the Charge, Lenny Consults his agent a persone very fitt for his purpose, And he forsooth patches up ane instrument bearing that he requyred the Clerk to give ane extract, and that the Clerk refused it albeit the Clerk cann prove that he was alibi at the time; By all which tricks and Sinistreous methods, The saids Lords might evidently perceive That Leny designs villany as weell as his men acted it, by stealling of the chargers goods now Claimed, and therfore the Suspensione Ought not only to be refused, Bot it merits the saids Lords Consideration to examine in the Subborning of witnesses and the patching up of the false instrument For if Such acts of Subborning and Forgery pass unpunished no man is secure either of life or fortune, And of what dangerous Consequence this may prove to the nation Is humbly remitted to the saids Lords Consideratione It is in the last place earnestly intreated the Saids Lords would be pleased to Decerne large expensses to the chargers for presenteing and attending this action before the saids Lords because the petitioners are all poor people uttarely beggered and ruined by the frequent thifts and robberies Committed upon the petitioners Wherby the petitioners are incapacitat to prosecute their actions themselves, Therfore Abercarny their master was necessitate for procureing releive to them in their distress to pursue the Samen which has cost him very great trouble and expence in procureing the said decreet the Samen being most Litigeously and contumaciously defended both before the Commissioners and the saids Lords as the answers bears The Lords of his majesties privy Councill Haveing Considered the above bill of Suspension Given in to them be the above Gilbert Mceven Duncan Mcinorse Donald Mcinorse Donald Buchanan and John and Hendry Buchanans elder and younger of Leny their masters suspender against the above Donald and David Andersons William Anderson John Davidson, James Waddell, Margret Dow, and Sir Robert Murray of Abercarny and the above Hary Chrystie with the Chargers answers made therto They have Refused and hereby Refuses the said bill of Suspension and Finds the Letters at the Chargers instance against the Suspenders Orderly proceeded And Ordaines the same to be put to farder executione.

1. NRS, PC2/27, 217r-224r.

2. An illegible word scored out here.

3. Insertion.

4. An illegible word scored out here.

5. Insertion.

6. Insertion.

7. Insertion.

8. Insertion.

1. NRS, PC2/27, 217r-224r.

2. An illegible word scored out here.

3. Insertion.

4. An illegible word scored out here.

5. Insertion.

6. Insertion.

7. Insertion.

8. Insertion.

Sederunt, 25 July 1699, Edinburgh

Att Edinburgh the Twenty Fyfth day of July Jaj vic Nyntie Nyne1

D1699/7/82

Sederunt

Lord Chancelor; Earl of Melvill PC; Earl of Marr; Earl of Buchan; Earl of Cassills; Earl of Lauderdale; Earl of Lothian; Earl of Lowdon; Earl of Leven; Earl of Annandale; Earl of Northesk; Earl of Forfar; Earl of Kintoir; Lord Strathnaver; Lord Jedburgh; Lord Carmichell S:; Lord Forbes; Lord Ross; Lord Boyle; Lord Advocat; Lord Thesaurer Deput; Lord Aberurchill; Lord Rankillor; Mr Fr: Montgomry; Laird of Blackarony; Laird of Stevenson; Lord Provest of Edinburgh

Att Edinburgh the Twenty Fyfth day of July Jaj vic Nyntie Nyne1

D1699/7/82

Sederunt

Lord Chancelor; Earl of Melvill PC; Earl of Marr; Earl of Buchan; Earl of Cassills; Earl of Lauderdale; Earl of Lothian; Earl of Lowdon; Earl of Leven; Earl of Annandale; Earl of Northesk; Earl of Forfar; Earl of Kintoir; Lord Strathnaver; Lord Jedburgh; Lord Carmichell S:; Lord Forbes; Lord Ross; Lord Boyle; Lord Advocat; Lord Thesaurer Deput; Lord Aberurchill; Lord Rankillor; Mr Fr: Montgomry; Laird of Blackarony; Laird of Stevenson; Lord Provest of Edinburgh

1. NRS, PC2/27, 216v.

2. NRS, PC2/27, 216v.

1. NRS, PC2/27, 216v.

2. NRS, PC2/27, 216v.

Act, 20 July 1699, Edinburgh

Att Edinburgh the Twenty day of July Jaj vic Nyntie Nyne years

D1699/7/71

Act

Act The Marquess of Douglas anent William Simpson

Anent the petition given in to the Lords of his Majesties privy Councill be James Marques of Douglas Shewing That on William Simpson his Servant being Summarly apprehended and is now incarcerat in the Tolbooth of Edinburgh on pretence of severall Crymes, Ther was reasone to presume his Innocencie Since ther has been no prooff as yet produced against him notwithstanding wherof he Ought to Stand to his tryall where legally called before a Competent Judge, This Occasiones the petitioners application to the Saids Lords that in the mean time he may be Sett at Libertie upon baill, (He being a domestick to one of the saids Lords their oun number) by the petitioners being bound to present him And Therfore Humbly Craveing the Saids Lords to ordaine the said William Simpsone to be presently Sett at Liberty and the petitioner Shall present him when legally called to that effect As the petitione bears The Lords of his Majesties privy Councill, Haveing Considered this petition given in to them be James Marques of Douglas for William Simpson his Servant They hereby approve of the Lord Advocat his giveing order for Committing the said William prisoner, And Ordaines the said William to continue prisoner till farder order, And Recommends to the said Lord Advocat to make farder inquyry anent what Crymes the said William Stands guilty of, and to present him for the same before the Lords Commissioners of his Majesties Justiciary as he shall be furnished with probation and that with the said Lord advocats conveniency.

Att Edinburgh the Twenty day of July Jaj vic Nyntie Nyne years

D1699/7/71

Act

Act The Marquess of Douglas anent William Simpson

Anent the petition given in to the Lords of his Majesties privy Councill be James Marques of Douglas Shewing That on William Simpson his Servant being Summarly apprehended and is now incarcerat in the Tolbooth of Edinburgh on pretence of severall Crymes, Ther was reasone to presume his Innocencie Since ther has been no prooff as yet produced against him notwithstanding wherof he Ought to Stand to his tryall where legally called before a Competent Judge, This Occasiones the petitioners application to the Saids Lords that in the mean time he may be Sett at Libertie upon baill, (He being a domestick to one of the saids Lords their oun number) by the petitioners being bound to present him And Therfore Humbly Craveing the Saids Lords to ordaine the said William Simpsone to be presently Sett at Liberty and the petitioner Shall present him when legally called to that effect As the petitione bears The Lords of his Majesties privy Councill, Haveing Considered this petition given in to them be James Marques of Douglas for William Simpson his Servant They hereby approve of the Lord Advocat his giveing order for Committing the said William prisoner, And Ordaines the said William to continue prisoner till farder order, And Recommends to the said Lord Advocat to make farder inquyry anent what Crymes the said William Stands guilty of, and to present him for the same before the Lords Commissioners of his Majesties Justiciary as he shall be furnished with probation and that with the said Lord advocats conveniency.

1. NRS, PC2/27, 216r-216v.

1. NRS, PC2/27, 216r-216v.

Sederunt, 20 July 1699, Edinburgh

Att Edinburgh the Twenty day of July Jaj vic Nyntie Nyne years1

D1699/7/62

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Mortune; Earl of Cassills; Earl of Lauderdale; Earl of Lothian; Earl of Lowdon; Earl of Leven; Earl of Annandale; Earl of Northesk; Earl of Forfar; Viscount Seafeild S:; Lord Strathnaver; Lord Jedburgh; Lord Carmicheall S:; Lord Forbes; Lord Ross; Lord Boyle; Lord Advocat; Lord Thesaurer Deput; Lord Aberurchill; Lord Halcraig; Lord Rankillor; Lord Crossrig; Lord Phesdoe; Mr Fra: Montgomry; Lord Provest of Edinburgh

Att Edinburgh the Twenty day of July Jaj vic Nyntie Nyne years1

D1699/7/62

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Mortune; Earl of Cassills; Earl of Lauderdale; Earl of Lothian; Earl of Lowdon; Earl of Leven; Earl of Annandale; Earl of Northesk; Earl of Forfar; Viscount Seafeild S:; Lord Strathnaver; Lord Jedburgh; Lord Carmicheall S:; Lord Forbes; Lord Ross; Lord Boyle; Lord Advocat; Lord Thesaurer Deput; Lord Aberurchill; Lord Halcraig; Lord Rankillor; Lord Crossrig; Lord Phesdoe; Mr Fra: Montgomry; Lord Provest of Edinburgh

1. NRS, PC2/27, 216r.

2. NRS, PC2/27, 214r-216r.

1. NRS, PC2/27, 216r.

2. NRS, PC2/27, 214r-216r.

Act, 18 July 1699, Edinburgh

Edinburgh the Eightein day of July Jaj vic Nyntie Nyne years

D1699/7/51

Act

Act Lord James Le Blanc

Anent a petition given in to the Lords of his Majesties privy Councill be Livetenent James Le Blanc lately in the Earle of Tillibardins regiment and now Merchant burges of Edinburgh Shewing That wher upon account of the petitioners religion being oblidged to Leave the petitioners native Country the petitioner did very Early and in the petitioners tender years ingadge in his Majesties Service, And Continued therin untill the regiment wherin the petitioner served upon the conclusion of the late happy peace was reduced and brock and haveing a Litle before that time maried a gentlewoman of this countrey, and so comeing to have a family whill in the meantime the petitioner was Laid aside in his imployment By which the petitioner therupon thought upon another way of Living, and endeavored to Choise one which might be most advantadgeous for this kingdome, and wherin the petitioner might be the least enveyed being followed by non others; And for that end haveing some knowledge of Manufactoring glass the petitioner Concurred with Prestongrange in errecting his Glass work now a Manufactory, And after great Charge and trouble the petitioner have gott Foraigners brought hither who are expert in pollishing therof and prepairing it for use, and entered into a Contract with Prestongrange for receiveing from him the Glass made in the said manufactory, Wheras in all time bygone, tho indeed some have pollished Glasses in this kingdome, yet they had allwayes the Glass it self from abroad so that the petitioner was the first that made it intirely native, Wherby ther are and will be Considerable Soumes keept within the kingdom which was formerly exported for Mirors Seeing ther are non better prepaired in our Nighbouring Kingdomes, Nor at so easie rates by very farr And Since the petitioners errecting therof the petitioner hath had very considerable offers made to disingadg the petitioner from the kingdome, and to engadge the petitioner to setle in another, yet being maried to a Gentlwoman of godo relations, and haveing by some Litle intrest in the kingdome, And being now Naturalized haveing obtained himself made burges and Guild-brother in Edinburgh for the better enableing the petitioner to follow his trade upon these reasons, and from the duty the petitioners owes to this kingdome in whose service the petitioner formerly, was, The petitioner is resolved to Live and dye in it, If so the petitioner can follow his Imployment in peace and queit which the petitioner understands is practised by non others to that advantadge of the kingdome that the petitioner does, Notwithstanding wherof and of the great charges and expence that the petitioner have and is dayly expending upon the said Manufactorie Because the Glasses must have Mullers and head peices of timber, And Because Some time persones of honor and quality, desire also rables, drawers and stands agreeable to the Glass for makeing up a Sute, and wherin the petitioner cannot be furnished by the Wrights of the Cannogate wher the petitioner had Sett up his Manufactory for the better conveniency, Albeit the petitioner have offered to the Deacon2 and Wrights of the Cannogate the said Imployment, which they acknowledged they Cannot, and so am necessitat to Imploy wrights of Edinburgh for makeing and furnishing the petitioner therwith For that reasone the saids wrights of the Cannogate Not only Stopt the petitioners selling of Tables, Drawers and Stands tho themselves prepair non such, Bot also they seaze upon and Stopt the petitioners Glasses And therby threaten the ruine of the petitioner and Manufacture And Seing the petitioners trade is what they doe not at all practise, and wherin the petitioner was weell satisfied As to the wrights part therof to be Served by them if they were able, and that their Stoping the petitioners Manufactorie, was not only prejudiciall to the petitioner, bot highly prejudiciall to the kingdome; in Generall; Seing these things which the petitioner prepare and make were allwayes before furnished from abroad, and will so still if the petitioner be Stops, And also Seing that if the petitioner bring them from abroad as a merchant they cannot hinder the3 petitioner to sell them, So that it Seems unreasonable to hinder the petitioner when he was furnished therwith by the wrights of Edinburgh and therby keep the money within the kingdome Beside that in the termes of Prestongrange and Sir William Binnings oblidgments and errectione of the said Manufactory are oblidged to furnish Glasses alse good and alse easie as they can be hade from abroad, which requyres necessarly they be allowed to sell them in frames and Mullers, And the Suiting of the Saids Glasses with table drawers and Stands being also Necessary to the designe of keeping money within the kingdome and which nowayes prejudges the wrights of the Cannogate; And Therfore Humbly Craveing the saids Lords would be pleased To Declare it to be their priviledge to fitt and set the Glass Manufactured by them in frames and Mullers, and that it Shall be Leisome to them to Suit the same with tables Drawes and Stands, They being most willing to give the wrights of the Cannogate the first offer of furnishing the same, and working to them in so farr as they are Capable, and to prohibit and discharge all persones whatsomever to stop trouble or Imped them in the Sale and disposall of the product of their said Manufactory, Which prejudges no persone whatsomever, and Saves the exporting of Considerable Soumes of money yearly as the said petition bears. The Lords of his Majesties privy Councill haveing Considered the above petition given in to them be Livetenant James Le Blanc Lately in the Earle of Tullibardins regiment and now Merchant burges of Edinburgh They Doe hereby Declare That it is the petitioners priviledge to fitt and sett the Glass Manufactured by him and the rest of the above Manufactorie in frames and Mullers, and that it shall be Lesome to the petitioner to sute the Same with tables Drawers and Stands by the wrights and Joyners of Edinburgh The petitioner giveing the wrights of the Cannogate the first offer of furnishing the Same and working to him in so farr as they are capable and takeing instruments upon their refusall, And the saids Lords Doe hereby prohibit and discharge all persones whatsomever to stop trouble or Imped the petitioner in the Sale and disposall of the product of the said Manufactory and provyding and selling the particulars above mentioned in maner above exprest.

Edinburgh the Eightein day of July Jaj vic Nyntie Nyne years

D1699/7/51

Act

Act Lord James Le Blanc

Anent a petition given in to the Lords of his Majesties privy Councill be Livetenent James Le Blanc lately in the Earle of Tillibardins regiment and now Merchant burges of Edinburgh Shewing That wher upon account of the petitioners religion being oblidged to Leave the petitioners native Country the petitioner did very Early and in the petitioners tender years ingadge in his Majesties Service, And Continued therin untill the regiment wherin the petitioner served upon the conclusion of the late happy peace was reduced and brock and haveing a Litle before that time maried a gentlewoman of this countrey, and so comeing to have a family whill in the meantime the petitioner was Laid aside in his imployment By which the petitioner therupon thought upon another way of Living, and endeavored to Choise one which might be most advantadgeous for this kingdome, and wherin the petitioner might be the least enveyed being followed by non others; And for that end haveing some knowledge of Manufactoring glass the petitioner Concurred with Prestongrange in errecting his Glass work now a Manufactory, And after great Charge and trouble the petitioner have gott Foraigners brought hither who are expert in pollishing therof and prepairing it for use, and entered into a Contract with Prestongrange for receiveing from him the Glass made in the said manufactory, Wheras in all time bygone, tho indeed some have pollished Glasses in this kingdome, yet they had allwayes the Glass it self from abroad so that the petitioner was the first that made it intirely native, Wherby ther are and will be Considerable Soumes keept within the kingdom which was formerly exported for Mirors Seeing ther are non better prepaired in our Nighbouring Kingdomes, Nor at so easie rates by very farr And Since the petitioners errecting therof the petitioner hath had very considerable offers made to disingadg the petitioner from the kingdome, and to engadge the petitioner to setle in another, yet being maried to a Gentlwoman of godo relations, and haveing by some Litle intrest in the kingdome, And being now Naturalized haveing obtained himself made burges and Guild-brother in Edinburgh for the better enableing the petitioner to follow his trade upon these reasons, and from the duty the petitioners owes to this kingdome in whose service the petitioner formerly, was, The petitioner is resolved to Live and dye in it, If so the petitioner can follow his Imployment in peace and queit which the petitioner understands is practised by non others to that advantadge of the kingdome that the petitioner does, Notwithstanding wherof and of the great charges and expence that the petitioner have and is dayly expending upon the said Manufactorie Because the Glasses must have Mullers and head peices of timber, And Because Some time persones of honor and quality, desire also rables, drawers and stands agreeable to the Glass for makeing up a Sute, and wherin the petitioner cannot be furnished by the Wrights of the Cannogate wher the petitioner had Sett up his Manufactory for the better conveniency, Albeit the petitioner have offered to the Deacon2 and Wrights of the Cannogate the said Imployment, which they acknowledged they Cannot, and so am necessitat to Imploy wrights of Edinburgh for makeing and furnishing the petitioner therwith For that reasone the saids wrights of the Cannogate Not only Stopt the petitioners selling of Tables, Drawers and Stands tho themselves prepair non such, Bot also they seaze upon and Stopt the petitioners Glasses And therby threaten the ruine of the petitioner and Manufacture And Seing the petitioners trade is what they doe not at all practise, and wherin the petitioner was weell satisfied As to the wrights part therof to be Served by them if they were able, and that their Stoping the petitioners Manufactorie, was not only prejudiciall to the petitioner, bot highly prejudiciall to the kingdome; in Generall; Seing these things which the petitioner prepare and make were allwayes before furnished from abroad, and will so still if the petitioner be Stops, And also Seing that if the petitioner bring them from abroad as a merchant they cannot hinder the3 petitioner to sell them, So that it Seems unreasonable to hinder the petitioner when he was furnished therwith by the wrights of Edinburgh and therby keep the money within the kingdome Beside that in the termes of Prestongrange and Sir William Binnings oblidgments and errectione of the said Manufactory are oblidged to furnish Glasses alse good and alse easie as they can be hade from abroad, which requyres necessarly they be allowed to sell them in frames and Mullers, And the Suiting of the Saids Glasses with table drawers and Stands being also Necessary to the designe of keeping money within the kingdome and which nowayes prejudges the wrights of the Cannogate; And Therfore Humbly Craveing the saids Lords would be pleased To Declare it to be their priviledge to fitt and set the Glass Manufactured by them in frames and Mullers, and that it Shall be Leisome to them to Suit the same with tables Drawes and Stands, They being most willing to give the wrights of the Cannogate the first offer of furnishing the same, and working to them in so farr as they are Capable, and to prohibit and discharge all persones whatsomever to stop trouble or Imped them in the Sale and disposall of the product of their said Manufactory, Which prejudges no persone whatsomever, and Saves the exporting of Considerable Soumes of money yearly as the said petition bears. The Lords of his Majesties privy Councill haveing Considered the above petition given in to them be Livetenant James Le Blanc Lately in the Earle of Tullibardins regiment and now Merchant burges of Edinburgh They Doe hereby Declare That it is the petitioners priviledge to fitt and sett the Glass Manufactured by him and the rest of the above Manufactorie in frames and Mullers, and that it shall be Lesome to the petitioner to sute the Same with tables Drawers and Stands by the wrights and Joyners of Edinburgh The petitioner giveing the wrights of the Cannogate the first offer of furnishing the Same and working to him in so farr as they are capable and takeing instruments upon their refusall, And the saids Lords Doe hereby prohibit and discharge all persones whatsomever to stop trouble or Imped the petitioner in the Sale and disposall of the product of the said Manufactory and provyding and selling the particulars above mentioned in maner above exprest.

1. NRS, PC2/27, 214r-216r.

2. The words ‘of the’ scored out here.

3. The letter ‘m’ scored out at the end of this word.

1. NRS, PC2/27, 214r-216r.

2. The words ‘of the’ scored out here.

3. The letter ‘m’ scored out at the end of this word.

Sederunt, 18 July 1699, Edinburgh

Edinburgh the Eightein day of July Jaj vic Nyntie Nyne years1

D1699/7/42

Sederunt

Lord Chancelor; Earl of Melvill PC; Earl of Cassills; Earl of Lauderdale; Earl of Lothian; Earl of Lowdon; Earl of Leven; Earl of Annandale; Earl of Forfar; Viscount Seafeild S:; Lord Jedburgh; Lord Forbes; Lord Boyle; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Halcraig; Mr Francis Montgomry; Lord Provost of Edinburgh

Edinburgh the Eightein day of July Jaj vic Nyntie Nyne years1

D1699/7/42

Sederunt

Lord Chancelor; Earl of Melvill PC; Earl of Cassills; Earl of Lauderdale; Earl of Lothian; Earl of Lowdon; Earl of Leven; Earl of Annandale; Earl of Forfar; Viscount Seafeild S:; Lord Jedburgh; Lord Forbes; Lord Boyle; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Halcraig; Mr Francis Montgomry; Lord Provost of Edinburgh

1. NRS, PC2/27, 214r.

2. NRS, PC2/27, 214r.

1. NRS, PC2/27, 214r.

2. NRS, PC2/27, 214r.

Act, 6 July 1699, Edinburgh

Att Edinburgh The sixth day of July One thousand six hundred Nyntie Nyne years

D1699/7/31

Act

Act Dame Lillias Seatton

Anent the petition given in to the Lords of his Majesties privy Councill be Dame Lillias Setton relict of Sir James Ramsay of Logie Shewing That wher in Anno Jaj vic nynty five ther was ane act of parliament made in favors of the petitioners said deceast husband and the petitioner appointing the Earle of Seaforth and his mother To make payment to the petitioner said husband and her, and the Longest Liver of them two all the days of their Lifetime The soume of ane Thousand pounds Scots yearly and that for reasons mentioned in the said act, And accordingly the petitioner haveing gott payment of the said annuity till within these thrie years bygone That the saids Lords were pleased to refuse the petitioners payment any Longer Bot ordained the petitioner to seek it off My Lord Seaforth which accordingly the petitioner did by using all maner of Dilligence against him for payment therof Bot could not effectuat the Samen Therfore in such ane extraordinar case, His Majesties privy Councill was allwayes in use to provid a remeedy rather to Suffer the life of the poor Subject to be taken away by a Strong and violenting hand that was against it, Wherupon haveing addressed the saids Lords again The Saids Lords were graciously pleased to Commiserat the petitioners deploreable Condition, and to recommend the petitioner by their act given the petitioner on March threty day Last by past to the Thesaury for releiff therof, and haveing used all maner of Supplication with their Lordships yet ther was no releiff for the Crying Necessity of the petitioner, And Therfore humbly Craveing the saids Lords would be pleased to call for their Lordships last act therwith given in to their Clerk, and be pleased to reexamine particularly the heads their Lordships act was grounded upon and grant warrand to areist the Earles person in the Castle of Edinburgh wher he was for the present as the saids Lords did to Sir John Dempster of Pitliver in the Like case as the petition bears The Lords of his Majesties privy Councill having Considered this petition given in to them be the above Dame Lillias Setton, They hereby Recommend to the Lords Commissioners of his Majesties Thesaury to cause make payment to the petitioner of the Soume of ane Thousand pounds Scots as ane years above aliement or aboverent The petitioner all wayes first assigning to the saids Lords Commissioners of his Majesties thesaury the forsaid years aliement or aboverent, And Recommends to the saids Lords Commissioners to cause doe the same dilligence for re Imburseing themselves as shall be done for his Majesties revenue due by the Earle of Seaforth.
Edinburgh the Eightein day of July Jaj vic Nyntie Nyne years2

Att Edinburgh The sixth day of July One thousand six hundred Nyntie Nyne years

D1699/7/31

Act

Act Dame Lillias Seatton

Anent the petition given in to the Lords of his Majesties privy Councill be Dame Lillias Setton relict of Sir James Ramsay of Logie Shewing That wher in Anno Jaj vic nynty five ther was ane act of parliament made in favors of the petitioners said deceast husband and the petitioner appointing the Earle of Seaforth and his mother To make payment to the petitioner said husband and her, and the Longest Liver of them two all the days of their Lifetime The soume of ane Thousand pounds Scots yearly and that for reasons mentioned in the said act, And accordingly the petitioner haveing gott payment of the said annuity till within these thrie years bygone That the saids Lords were pleased to refuse the petitioners payment any Longer Bot ordained the petitioner to seek it off My Lord Seaforth which accordingly the petitioner did by using all maner of Dilligence against him for payment therof Bot could not effectuat the Samen Therfore in such ane extraordinar case, His Majesties privy Councill was allwayes in use to provid a remeedy rather to Suffer the life of the poor Subject to be taken away by a Strong and violenting hand that was against it, Wherupon haveing addressed the saids Lords again The Saids Lords were graciously pleased to Commiserat the petitioners deploreable Condition, and to recommend the petitioner by their act given the petitioner on March threty day Last by past to the Thesaury for releiff therof, and haveing used all maner of Supplication with their Lordships yet ther was no releiff for the Crying Necessity of the petitioner, And Therfore humbly Craveing the saids Lords would be pleased to call for their Lordships last act therwith given in to their Clerk, and be pleased to reexamine particularly the heads their Lordships act was grounded upon and grant warrand to areist the Earles person in the Castle of Edinburgh wher he was for the present as the saids Lords did to Sir John Dempster of Pitliver in the Like case as the petition bears The Lords of his Majesties privy Councill having Considered this petition given in to them be the above Dame Lillias Setton, They hereby Recommend to the Lords Commissioners of his Majesties Thesaury to cause make payment to the petitioner of the Soume of ane Thousand pounds Scots as ane years above aliement or aboverent The petitioner all wayes first assigning to the saids Lords Commissioners of his Majesties thesaury the forsaid years aliement or aboverent, And Recommends to the saids Lords Commissioners to cause doe the same dilligence for re Imburseing themselves as shall be done for his Majesties revenue due by the Earle of Seaforth.
Edinburgh the Eightein day of July Jaj vic Nyntie Nyne years2

1. NRS, PC2/27, 213v-214r.

2. NRS, PC2/27, 214r.

1. NRS, PC2/27, 213v-214r.

2. NRS, PC2/27, 214r.

Decreet, 6 July 1699, Edinburgh

Att Edinburgh The sixth day of July One thousand six hundred Nyntie Nyne years

D1699/7/21

Decreet

Decreit Certification Brand against Fea of Whythall and others

Anent the lybell or Letters of Complaint raised before the Lords of his Majesties privy Councill be Alexander Brand late Stewart and Tacksman of Orkney and Zetland, With Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwrittin That wher by the Lawes of this and all other weell governed realmes the waylaying of parties Imployers and deforceing of messengers in the execution of Captions or any other legall dilligences or the hindering affronting Beatting blooding threatneing to bill or doe Mischeiff to his majesties free leidges are Crymes of ane high nature and deserve to be severly punished, and as the greatest agravatione therof the useing of their acts of violence against his Majesties Stewart and tacksmen and other officers and servants Whither messengers or others are most attrocious and the soveraigne power is therby dispised, And thefore Such deeds are Severly punished and particularly By the Eightie fourth act2 Eleventh parliament King James the Sixt It is expressly Statute That the deforcers of messengers in the exercise of their office may be pursued either Civilly or Criminally And their Lives and goods are in the kings will and by the one hundreth and fiftie act parliament twelth King James Sixt It is declared that ane messenger or officer being deforced molested invaded or pursued to the effusion of blood in the execution of their offices by the persons to be apprehended and cited or by any others of their Causeing Sending hounding out, The deforcer or invader times all his moveabls the one half to his majestie and the other half to the partie Imployer Yet Notwithstanding wherof Patrick Phea of Whithall Barbara Traill his Spouse and James Petter and Charles Faes their Sones with others their Accomplices are guilty of Airt and part of the forsaid Crymes In so farr as the said Alexander Brand pursuer haveing come within Musket shott of Whithalls house accompanied with John Traill of Ailness baillie of the Issland of Stronsie and John Gibson of Biquye To see a Caption Legally execute, The said Alexander Brand and the two fornamed persones were all violently Stoped from goeing foreward by the saids James Peetter and Charles Feas who were Lurking behind a dyke with fire armes and threatned to fire at the said pursuer and other two persones if he or they should offer to goe on foott forward, The said Alexander Brand pursuer haveing Imployed Thomas Emerson messenger at armes to execute the said Caption at the pursuers instance against the said Patrick Fea for a debt owing by him to the said Baillie Brand And being late Stewart and tacksman of Orkney and Zetland for ingathering of his majesties Crown rents ther, And accordingly the said Thomas Emersone and his assistance haveing come to the said Island of Stronsie upon the Seventeinth day of August Last or on ane or other of the dayes of the said Moneth endeavoring Legally to enter Whithalls house, The said Barbara Traill accompanied or on the head of a number of women with Cudgells and Staffs and many men armed with guns muskets pistolls swords Durks and other invasive weapons violently fell upon, and by force opposed the said messengers at his assistants by offering to fire at the said messenger and his partie and solemnly woved and swore that if any of them entered the house, That either they or the said messenger and his assistants should dye for it and particularly Whithall himself Looked out at a Window, and said to the men that hade the Guns and pistolls (there is some Mischeiff Designed) Eitheir Scourr off these persones (pointing to the said Messenger and his assistants) Or else never Look me in the face againe Wherupon the saids women fell upon Joseph Jack one of the messengers assistants being hounded out by the said Whithalls sones who was put with them, and did strick beatt and bruise him with great Cudgells upon the head and armes so that ther by the said messenger and his assistants were violently deforced and Compelled to retire and make the best of their way for fear of greater mischeiff or murder as ane declaration signed by the said messenger and diverse famous witnesses there with produced would testifie And albeit the said messengers and his assistants Did many times begg mercie and peace with dreadfull Cryes yet the said Patrick Fea of Whythall would not restrain his wife, Sones woomen and others ther accomplices from Comitting the saids violences and oppressiones which he might have done being within the house all the time therof knowing and haveing seen the samen, By which acts of violences and oppressions Bangstry and other attrocious Crymes His majesties authoritie and government was not only Slighted and abused bot Likwayes all his majesties Tacksmen are wronged and affronted For they will not gett any messengers to execute their Letters in time comeing in Orkney and Zetland unless these defenders be brought to Condigne punishment And therfore the saids Patrick Fea of Whythall Barbara Traill his Spouse and James Peetter and Charles Fea’s, their Sones as airt and pairt by sending hounding out and not restraining and keeping in the saids armed men and woman after knowledge of the saids acts of violence and oppression above represented They ought to be Severly punished in their persones and goods in the termes of the forsaids acts of parliament and other acts made theranent To the terror and example of any others to doe the Like in time comeing: And Anent the charge given to the saids defenders To have Compeared before the saids Lords personally To have answered to the grounds of the above Complaint at ane Certaine day by gone To have heard and Seen Such order and Course taken theranent as the Saids Lords Should think fitt As the said lybell or Letters of Complaint and executiones thereof more fully bears Which Lybell or Letters being this day called in presence of the saids Lords of his majesties privy Councill, And the said pursuer Compearing personally, And the defenders being all Lawfully cited oft times Called and not Compearing The saids Lords of his majesties privy Councill Doe hereby Grant Certification against the haill defenders In Respect of their absence and not Compearance, And Ordaines Letters of Denunciation to be direct to macers or messengers at armes Commanding them to pass to the marcat cross of Edinburgh and other places needfull and their in his majesties name and authoritie duely Lawfullie and orderly denunce the saids defenders his Majesties rebells Escheat and inbring all their moveable goods and geir for their Contempt and disobedience.

Att Edinburgh The sixth day of July One thousand six hundred Nyntie Nyne years

D1699/7/21

Decreet

Decreit Certification Brand against Fea of Whythall and others

Anent the lybell or Letters of Complaint raised before the Lords of his Majesties privy Councill be Alexander Brand late Stewart and Tacksman of Orkney and Zetland, With Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwrittin That wher by the Lawes of this and all other weell governed realmes the waylaying of parties Imployers and deforceing of messengers in the execution of Captions or any other legall dilligences or the hindering affronting Beatting blooding threatneing to bill or doe Mischeiff to his majesties free leidges are Crymes of ane high nature and deserve to be severly punished, and as the greatest agravatione therof the useing of their acts of violence against his Majesties Stewart and tacksmen and other officers and servants Whither messengers or others are most attrocious and the soveraigne power is therby dispised, And thefore Such deeds are Severly punished and particularly By the Eightie fourth act2 Eleventh parliament King James the Sixt It is expressly Statute That the deforcers of messengers in the exercise of their office may be pursued either Civilly or Criminally And their Lives and goods are in the kings will and by the one hundreth and fiftie act parliament twelth King James Sixt It is declared that ane messenger or officer being deforced molested invaded or pursued to the effusion of blood in the execution of their offices by the persons to be apprehended and cited or by any others of their Causeing Sending hounding out, The deforcer or invader times all his moveabls the one half to his majestie and the other half to the partie Imployer Yet Notwithstanding wherof Patrick Phea of Whithall Barbara Traill his Spouse and James Petter and Charles Faes their Sones with others their Accomplices are guilty of Airt and part of the forsaid Crymes In so farr as the said Alexander Brand pursuer haveing come within Musket shott of Whithalls house accompanied with John Traill of Ailness baillie of the Issland of Stronsie and John Gibson of Biquye To see a Caption Legally execute, The said Alexander Brand and the two fornamed persones were all violently Stoped from goeing foreward by the saids James Peetter and Charles Feas who were Lurking behind a dyke with fire armes and threatned to fire at the said pursuer and other two persones if he or they should offer to goe on foott forward, The said Alexander Brand pursuer haveing Imployed Thomas Emerson messenger at armes to execute the said Caption at the pursuers instance against the said Patrick Fea for a debt owing by him to the said Baillie Brand And being late Stewart and tacksman of Orkney and Zetland for ingathering of his majesties Crown rents ther, And accordingly the said Thomas Emersone and his assistance haveing come to the said Island of Stronsie upon the Seventeinth day of August Last or on ane or other of the dayes of the said Moneth endeavoring Legally to enter Whithalls house, The said Barbara Traill accompanied or on the head of a number of women with Cudgells and Staffs and many men armed with guns muskets pistolls swords Durks and other invasive weapons violently fell upon, and by force opposed the said messengers at his assistants by offering to fire at the said messenger and his partie and solemnly woved and swore that if any of them entered the house, That either they or the said messenger and his assistants should dye for it and particularly Whithall himself Looked out at a Window, and said to the men that hade the Guns and pistolls (there is some Mischeiff Designed) Eitheir Scourr off these persones (pointing to the said Messenger and his assistants) Or else never Look me in the face againe Wherupon the saids women fell upon Joseph Jack one of the messengers assistants being hounded out by the said Whithalls sones who was put with them, and did strick beatt and bruise him with great Cudgells upon the head and armes so that ther by the said messenger and his assistants were violently deforced and Compelled to retire and make the best of their way for fear of greater mischeiff or murder as ane declaration signed by the said messenger and diverse famous witnesses there with produced would testifie And albeit the said messengers and his assistants Did many times begg mercie and peace with dreadfull Cryes yet the said Patrick Fea of Whythall would not restrain his wife, Sones woomen and others ther accomplices from Comitting the saids violences and oppressiones which he might have done being within the house all the time therof knowing and haveing seen the samen, By which acts of violences and oppressions Bangstry and other attrocious Crymes His majesties authoritie and government was not only Slighted and abused bot Likwayes all his majesties Tacksmen are wronged and affronted For they will not gett any messengers to execute their Letters in time comeing in Orkney and Zetland unless these defenders be brought to Condigne punishment And therfore the saids Patrick Fea of Whythall Barbara Traill his Spouse and James Peetter and Charles Fea’s, their Sones as airt and pairt by sending hounding out and not restraining and keeping in the saids armed men and woman after knowledge of the saids acts of violence and oppression above represented They ought to be Severly punished in their persones and goods in the termes of the forsaids acts of parliament and other acts made theranent To the terror and example of any others to doe the Like in time comeing: And Anent the charge given to the saids defenders To have Compeared before the saids Lords personally To have answered to the grounds of the above Complaint at ane Certaine day by gone To have heard and Seen Such order and Course taken theranent as the Saids Lords Should think fitt As the said lybell or Letters of Complaint and executiones thereof more fully bears Which Lybell or Letters being this day called in presence of the saids Lords of his majesties privy Councill, And the said pursuer Compearing personally, And the defenders being all Lawfully cited oft times Called and not Compearing The saids Lords of his majesties privy Councill Doe hereby Grant Certification against the haill defenders In Respect of their absence and not Compearance, And Ordaines Letters of Denunciation to be direct to macers or messengers at armes Commanding them to pass to the marcat cross of Edinburgh and other places needfull and their in his majesties name and authoritie duely Lawfullie and orderly denunce the saids defenders his Majesties rebells Escheat and inbring all their moveable goods and geir for their Contempt and disobedience.

1. NRS, PC2/27, 211v-213r.

2. The word ‘Nynt’ scored out here.

1. NRS, PC2/27, 211v-213r.

2. The word ‘Nynt’ scored out here.