Tag Archives: June

Sederunt, 25 June 1696, Edinburgh

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Att Edinburgh the twentie fifth day of Jwny Jaj vic nyntie six yeirs1

D1696/6/232

Sederunt

Lord Chancellor; Earl of Melvill; Duke of Qweensberry; Earl of Argwyle; Earl of Southerland; Earl of Mortowne; Earl of Lawderdale; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Yester; Lord John Hamiltoune; Lord Belhaven; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Laird of Pollock; Laird of Leyes; Laird of Stevensone; Laird of Cessnock

Att Edinburgh the twentie fifth day of Jwny Jaj vic nyntie six yeirs1

D1696/6/232

Sederunt

Lord Chancellor; Earl of Melvill; Duke of Qweensberry; Earl of Argwyle; Earl of Southerland; Earl of Mortowne; Earl of Lawderdale; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Yester; Lord John Hamiltoune; Lord Belhaven; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Laird of Pollock; Laird of Leyes; Laird of Stevensone; Laird of Cessnock

1. NRS, PC2/26, 218r.

2. NRS, PC2/26, 218r.

1. NRS, PC2/26, 218r.

2. NRS, PC2/26, 218r.

Judicial Procedure, 23 June 1696, Edinburgh

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Att Edinburgh the twentie third of Jwny Jaj vic nyntie Six yeirs

D1696/6/221

Judicial Procedure

Remit Lithgow against Wilkiesones

Anent the lybell or Letters of complaint raised and perswed befor the Lords of his majesties privie Counsell at the instance of John Lithgow portioner of Mellross with concurse of Sir James Stewart his majesties Advocat for his highnes interest in the mater underwritten Makeing mentione That wher by the Lawes of this and all other well governed realms all Lawles force violence bangastrie oppressione and intrwsione To the prejudice of other mens rights and possessiones are prohibite as crymes to be Severely pwnished Speciallie when the Same proceeds upon a frawdulent contriveance and to the contempt of a Sentance of a Laufull Court And likewayes of the authoritie of the Supreame Cowrt And tends not only to the wrong and affront of the persone concerned but to occasione and creat great Disturbance in the church and assembly for Divyne Service Nevertheles it is of veritie that the said complainer haveing first taken a tack from his brother William Lithgow of his whole Lands and interest in the paroch of Mellross with the mansione house and seat of the kirk per expressum to indure for thrie yeirs which expyred at Mertimes Jaj vic nyntie four yeirs (according to which he Did possess the said seat with the Lands and houses) did about September the foirsaid yeir purchase the heretable and irredeimable right of the same Lands and mansione house with ther haill pairts and pendicles as they had bein by him formerly possest which certainlie Did include the Seat of the kirk not only as naturallie annexed to the Lands and mansione house The Disponer haveing no other Land remaineing within the paroch But also because it was a cleare pendicle which the said Complainer formerlie possest by vertue of his tack And therfore ther was no need to express the Seat Distinctly Yet Alexander Willkiesone the writer imployed to write the Dispositione being Sone to Thomas Wilkiesone clerk to the regalitie Court of Mellross And haveing Land in the same paroch Designeing to catch advantadge by omitting to express the seat in the foirsaid Dispositione 2 about the twentieth of September yeir of God foirsaid about two Dayes efter that the said Complainer was infeft upon it applyes to the said William Lithgow and tells him that the seat was omitted in the Disposition that he had made to the said complainer his brother And therupon elicites from him a seperat and express Dispositione to the seat by itself and sends it to his brother James resideing at Mellross who by the said Alexanders orders and in his name invades the possessione of the forsaid Seat belonging to the complainer and breakeing it up by force the tyme of Divyne Service by himself without any order of Law Wherupon the Complainer finding himself openly insured and affronted by this violent intrusione upon his possessione Sumonds the said James to ansuer befor the Shirreff court wher James compeareing was fownd gwiltie of a ryot and fyned for the Same And ordained to Desist from his forsaid intrusione And to Suffer the said complainer to possess peaceablie untill removed by order of Law But James Wilkiesone and Alexander his brother and constitwent not acqwiesceing in the foirsaid Sentance And haveing ther father clerk to the regalitie Court of Mellross Doe most wnwarrantably Comence a proces of declarator befor the baillie of regalitie as if aither he had bein Superior to the Shirreff his court or anywise competent to a declarator of right Both which are false in Law And John Halyburtowne of Mwirehouse Law Baillie Sustaineing process Did furder proceed to midnaill the Seat Exclwdeing both pairties from it by way of seqwestratione Dureing the Dependence of the process which was plainly wnwarrantable on the baillies pairt Seing it was not at all in his power to Disturb or interrupt the said Complainers possession recently awthorized by the Shirreffs Decreit as said is wnles that the complainers right had bein declaired void and nwll by the Lords of Sessione And the complainer therupon Decerned to remove But the said complainer finding himself thws opprest by the baillies wnwarrantable proceeding applyes to the Lords of Sessione and obtaines ane Advocatione which Advocatione was Duely presented in court by the Complainer himself and instruments requyred theron in the clerks hands Likeas it was publictly read and Mr Thomas Byres the baillie deput got a full coppie therof and marked with his hand upon the principall compared As the principall Advocatione prodwced will testifie But the persewers father the clerk pretending that the process was at Edinburgh Did not only then bwt ever Since refwse to give to the said complainer ane extract of the instruments that he had taken All which can be proven per membra curia above exeptione And the trweth is process did sist upon productione of the foirsaid advocatione for some weeks untill that the said John Halybwrtoune Baillie deput upon the twentie third or ane or other of the Dayes of the moneth of March Jaj vic nyntie five neglecting and Despiseing the awthoritie of the forsaid advocatione went himself accompanyed with the said Thomas Wilkiesone the clerk and James Wilkiesone his Sone and cawsed George Blaikie his officer Stryk off the complainers Lock from the Seat and putt ane other Lock upon it and so gave to the said James a Simwlat possessione wherupon also James took instruments in behalf of his brother Alexander And so they wnwarrantably and violently intruded into the complainers right and possessione by manifest oppressione and bangastrie reqwyreing the said complainer to desist from his possessione under the paine of Ane Hundereth punds Scotts All this was done not only against right But in high contempt of the Shirreffs foirsaid Decreit As also of the foirsaid advocatione Directed by the Deliverance of the Lords of Sessione And duely intimat as said is Likeas the said complainer being violently ejected in maner foirsaid The Said James and Alexander Wilkiesones have ever Since possest the Said Seat Debarring the complainer als much as in them by both from the Seat and kirk By all which it is manifest that the said Alexander Wilkiesone and James and Thomas Wilkiesones ther father As also the said John Halyburtowne the Baillie deput was gwiltie of a manifest ryot violence oppressione and intrustione or atleast airt and pairt therof for which they owght not only to be decerned In the Soume of Ane Thowsand merks for the said complainers Damnadges But also furder pwnished in ther persones and goods to the example and terror of others to comit the lyke in tyme comeing As Likewayes ordained to repossess the said Complainer in the said Seat and to desist from molesting him in his said possessione And to find Cawtione for that effect As the Saids Lords of privie Counsell Shall appoint Lykeas the saids Lords of privie Counsell by ther act of the Date the Eleventh of Febrwary instant Did continwe the above complaint or lybell in respect it was Long since the Same was first raised And ordained the Samen to be renwed And the defenders to be of new cited hereon as the said act bears And anent the charge given to the saids Defenders to have compeared personallie befor the Saids Lords of privie Cownsell at ane certaine Day now by past to have answered to the grownd of the above complaints And to have heard and Sein Such order and course taken theranent As the Saids Lords Should think fitt wnder the paine of rebellione As in the principall Letters of complaint raised in the said mater and executiones therof at more lenth is contained Which lybell being upon the Day and date hereof called in presence of The Saids Lords of his majesties privie Counsell And the persewer Compeareing personally with Sir Patrick Home and Mr David Cwningham his Advocats And the Said Alexander and James Wilkiesones and John Halyburtowne of Mwirehouse Law thrie of the defenders Compeareing also personallie with Mrs Hewgh and David Dallrimples ther Advocats The Saids Lords of his majesties privie Cownsell haveing heard the lybell read They heirby Remit the Subject mater of the lybell to be perswed and insisted in befor the Lords of Counsell and Session And that without necessitie of abideing the ordinary course of the roll

Att Edinburgh the twentie third of Jwny Jaj vic nyntie Six yeirs

D1696/6/221

Judicial Procedure

Remit Lithgow against Wilkiesones

Anent the lybell or Letters of complaint raised and perswed befor the Lords of his majesties privie Counsell at the instance of John Lithgow portioner of Mellross with concurse of Sir James Stewart his majesties Advocat for his highnes interest in the mater underwritten Makeing mentione That wher by the Lawes of this and all other well governed realms all Lawles force violence bangastrie oppressione and intrwsione To the prejudice of other mens rights and possessiones are prohibite as crymes to be Severely pwnished Speciallie when the Same proceeds upon a frawdulent contriveance and to the contempt of a Sentance of a Laufull Court And likewayes of the authoritie of the Supreame Cowrt And tends not only to the wrong and affront of the persone concerned but to occasione and creat great Disturbance in the church and assembly for Divyne Service Nevertheles it is of veritie that the said complainer haveing first taken a tack from his brother William Lithgow of his whole Lands and interest in the paroch of Mellross with the mansione house and seat of the kirk per expressum to indure for thrie yeirs which expyred at Mertimes Jaj vic nyntie four yeirs (according to which he Did possess the said seat with the Lands and houses) did about September the foirsaid yeir purchase the heretable and irredeimable right of the same Lands and mansione house with ther haill pairts and pendicles as they had bein by him formerly possest which certainlie Did include the Seat of the kirk not only as naturallie annexed to the Lands and mansione house The Disponer haveing no other Land remaineing within the paroch But also because it was a cleare pendicle which the said Complainer formerlie possest by vertue of his tack And therfore ther was no need to express the Seat Distinctly Yet Alexander Willkiesone the writer imployed to write the Dispositione being Sone to Thomas Wilkiesone clerk to the regalitie Court of Mellross And haveing Land in the same paroch Designeing to catch advantadge by omitting to express the seat in the foirsaid Dispositione 2 about the twentieth of September yeir of God foirsaid about two Dayes efter that the said Complainer was infeft upon it applyes to the said William Lithgow and tells him that the seat was omitted in the Disposition that he had made to the said complainer his brother And therupon elicites from him a seperat and express Dispositione to the seat by itself and sends it to his brother James resideing at Mellross who by the said Alexanders orders and in his name invades the possessione of the forsaid Seat belonging to the complainer and breakeing it up by force the tyme of Divyne Service by himself without any order of Law Wherupon the Complainer finding himself openly insured and affronted by this violent intrusione upon his possessione Sumonds the said James to ansuer befor the Shirreff court wher James compeareing was fownd gwiltie of a ryot and fyned for the Same And ordained to Desist from his forsaid intrusione And to Suffer the said complainer to possess peaceablie untill removed by order of Law But James Wilkiesone and Alexander his brother and constitwent not acqwiesceing in the foirsaid Sentance And haveing ther father clerk to the regalitie Court of Mellross Doe most wnwarrantably Comence a proces of declarator befor the baillie of regalitie as if aither he had bein Superior to the Shirreff his court or anywise competent to a declarator of right Both which are false in Law And John Halyburtowne of Mwirehouse Law Baillie Sustaineing process Did furder proceed to midnaill the Seat Exclwdeing both pairties from it by way of seqwestratione Dureing the Dependence of the process which was plainly wnwarrantable on the baillies pairt Seing it was not at all in his power to Disturb or interrupt the said Complainers possession recently awthorized by the Shirreffs Decreit as said is wnles that the complainers right had bein declaired void and nwll by the Lords of Sessione And the complainer therupon Decerned to remove But the said complainer finding himself thws opprest by the baillies wnwarrantable proceeding applyes to the Lords of Sessione and obtaines ane Advocatione which Advocatione was Duely presented in court by the Complainer himself and instruments requyred theron in the clerks hands Likeas it was publictly read and Mr Thomas Byres the baillie deput got a full coppie therof and marked with his hand upon the principall compared As the principall Advocatione prodwced will testifie But the persewers father the clerk pretending that the process was at Edinburgh Did not only then bwt ever Since refwse to give to the said complainer ane extract of the instruments that he had taken All which can be proven per membra curia above exeptione And the trweth is process did sist upon productione of the foirsaid advocatione for some weeks untill that the said John Halybwrtoune Baillie deput upon the twentie third or ane or other of the Dayes of the moneth of March Jaj vic nyntie five neglecting and Despiseing the awthoritie of the forsaid advocatione went himself accompanyed with the said Thomas Wilkiesone the clerk and James Wilkiesone his Sone and cawsed George Blaikie his officer Stryk off the complainers Lock from the Seat and putt ane other Lock upon it and so gave to the said James a Simwlat possessione wherupon also James took instruments in behalf of his brother Alexander And so they wnwarrantably and violently intruded into the complainers right and possessione by manifest oppressione and bangastrie reqwyreing the said complainer to desist from his possessione under the paine of Ane Hundereth punds Scotts All this was done not only against right But in high contempt of the Shirreffs foirsaid Decreit As also of the foirsaid advocatione Directed by the Deliverance of the Lords of Sessione And duely intimat as said is Likeas the said complainer being violently ejected in maner foirsaid The Said James and Alexander Wilkiesones have ever Since possest the Said Seat Debarring the complainer als much as in them by both from the Seat and kirk By all which it is manifest that the said Alexander Wilkiesone and James and Thomas Wilkiesones ther father As also the said John Halyburtowne the Baillie deput was gwiltie of a manifest ryot violence oppressione and intrustione or atleast airt and pairt therof for which they owght not only to be decerned In the Soume of Ane Thowsand merks for the said complainers Damnadges But also furder pwnished in ther persones and goods to the example and terror of others to comit the lyke in tyme comeing As Likewayes ordained to repossess the said Complainer in the said Seat and to desist from molesting him in his said possessione And to find Cawtione for that effect As the Saids Lords of privie Counsell Shall appoint Lykeas the saids Lords of privie Counsell by ther act of the Date the Eleventh of Febrwary instant Did continwe the above complaint or lybell in respect it was Long since the Same was first raised And ordained the Samen to be renwed And the defenders to be of new cited hereon as the said act bears And anent the charge given to the saids Defenders to have compeared personallie befor the Saids Lords of privie Cownsell at ane certaine Day now by past to have answered to the grownd of the above complaints And to have heard and Sein Such order and course taken theranent As the Saids Lords Should think fitt wnder the paine of rebellione As in the principall Letters of complaint raised in the said mater and executiones therof at more lenth is contained Which lybell being upon the Day and date hereof called in presence of The Saids Lords of his majesties privie Counsell And the persewer Compeareing personally with Sir Patrick Home and Mr David Cwningham his Advocats And the Said Alexander and James Wilkiesones and John Halyburtowne of Mwirehouse Law thrie of the defenders Compeareing also personallie with Mrs Hewgh and David Dallrimples ther Advocats The Saids Lords of his majesties privie Cownsell haveing heard the lybell read They heirby Remit the Subject mater of the lybell to be perswed and insisted in befor the Lords of Counsell and Session And that without necessitie of abideing the ordinary course of the roll

1. NRS, PC2/26, 215r-217r.

2. The phrase ‘that he had made to the said Complainer’ scored out here.

1. NRS, PC2/26, 215r-217r.

2. The phrase ‘that he had made to the said Complainer’ scored out here.

Order, 23 June 1696, Edinburgh

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Att Edinburgh the twentie third of Jwny Jaj vic nyntie Six yeirs

D1696/6/211

Order

Recomendation Cook and Orrock

Anent the petitione given in to the Lords of his majesties privie Counsell be Margaret Cook relict of Alexander Browne Seaman in Barrowstownes And Hellen Orrock relict of John Ryll Seaman ther Shewing that ther Lordships poor petitioners hwsbands being seamen most willingly engadged to serve the present government in company of the deceast Captaine […] Browne that was Lost in the Service being toward the coast of Ireland attacqued be the French wher both the said Captaine Browne and the Laird of Ladyland were Slaine And the petitioners husbands both died in ther wounds efter they were caryed prisoners to Ireland And the petitioners being left poor wedows with small children Are redacted to great Straits And applicatione being made to ther Lordships formerly to the relicts of Swch as died and the wives of those that Survived ther Lordships was graciously pleased to allow something to be given to each seamans relict or wife that were in companie of the said Captaine Hamiltowne of Ladieland or Captain Browne But in respect that it is payed in Smalls parcells the petitioners exhausts a great pairt of it when they come to Edinburgh to receave it and the petitioners hopes that ther Lordships will consider them some thing more nor they doe those that hes ther husbands alive that soe the petitioners and ther poor fatherles childrein be not altogither miserable And therfore humbly craveing ther Lordships graciowsly to consider the Stralined and Starveing conditione of the petitioners and ther fatherles childrein And as ther Lordships wse is to allow Something to be payed to the petitioners out of his majesties revenwes in whose service ther husbands Last ther lives that Soe the petitioners poor fatherles childrein be not rendered miserable as said is As the said petitione bears which being this day red and considered be the Saids Lords of privie Counsell They heirby recomend to the Lords Commissioners of his majesties thesaurie to consider the petitione And to grant the desyre therof in soe farr as ther Lordships Shall find Jwst and reasonable

Att Edinburgh the twentie third of Jwny Jaj vic nyntie Six yeirs

D1696/6/211

Order

Recomendation Cook and Orrock

Anent the petitione given in to the Lords of his majesties privie Counsell be Margaret Cook relict of Alexander Browne Seaman in Barrowstownes And Hellen Orrock relict of John Ryll Seaman ther Shewing that ther Lordships poor petitioners hwsbands being seamen most willingly engadged to serve the present government in company of the deceast Captaine […] Browne that was Lost in the Service being toward the coast of Ireland attacqued be the French wher both the said Captaine Browne and the Laird of Ladyland were Slaine And the petitioners husbands both died in ther wounds efter they were caryed prisoners to Ireland And the petitioners being left poor wedows with small children Are redacted to great Straits And applicatione being made to ther Lordships formerly to the relicts of Swch as died and the wives of those that Survived ther Lordships was graciously pleased to allow something to be given to each seamans relict or wife that were in companie of the said Captaine Hamiltowne of Ladieland or Captain Browne But in respect that it is payed in Smalls parcells the petitioners exhausts a great pairt of it when they come to Edinburgh to receave it and the petitioners hopes that ther Lordships will consider them some thing more nor they doe those that hes ther husbands alive that soe the petitioners and ther poor fatherles childrein be not altogither miserable And therfore humbly craveing ther Lordships graciowsly to consider the Stralined and Starveing conditione of the petitioners and ther fatherles childrein And as ther Lordships wse is to allow Something to be payed to the petitioners out of his majesties revenwes in whose service ther husbands Last ther lives that Soe the petitioners poor fatherles childrein be not rendered miserable as said is As the said petitione bears which being this day red and considered be the Saids Lords of privie Counsell They heirby recomend to the Lords Commissioners of his majesties thesaurie to consider the petitione And to grant the desyre therof in soe farr as ther Lordships Shall find Jwst and reasonable

1. NRS, PC2/26, 214v-215r.

1. NRS, PC2/26, 214v-215r.

Act, 23 June 1696, Edinburgh

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Att Edinburgh the twentie third of Jwny Jaj vic nyntie Six yeirs

D1696/6/201

Act

Act Patrick Fea

Anent the petitione given in to the Lords of his majesties privie Counsell be Patrick Fea of Whitehall Shewing that wher as in the complaint at his instance befor ther Lordships against Robert Elphingstoun of Lopnes and others for robbing and away takeing of his goods In which actione ther was severall wittnesses Led at his instance and upon adviseing the depositiones and the executiones of poinding produced the saids Lords did remit the cause to be determined be the Lords of Sessione Summarly and he haveing accordingly gone on in the process befor the Lords of Sessione And it being necessar that the probatione adduced befor ther Lordships and the minwts of proces be prodwced befor The Lords of Sessione And that the clerks of Counsell cannot give owt the probatione and minwts of proces to be prodwced befor the Lords of Session without the saids Lords of privie Counsell ther warrand And therfore humbly craveing to the effect eftermentioned As the said petitione bears which petition being this day red and considered be the saids Lords of privie Counsell They heirby give order and warrand to ther clerks to give in and Deliver the depositiones of the wittnesses taken in this proces and all the minwts of the said process befor the Counsell to Alexander Gibsone who is clerk in the Innerhouse and William Robertsone who is clerk in the outterhouse to the process at the petitioners instance before the Lords of Counsell and Sessione upon the recept of aither of the saids clerks To the effect that the Lords of Session may proceed and advise the petitioners probatione

Att Edinburgh the twentie third of Jwny Jaj vic nyntie Six yeirs

D1696/6/201

Act

Act Patrick Fea

Anent the petitione given in to the Lords of his majesties privie Counsell be Patrick Fea of Whitehall Shewing that wher as in the complaint at his instance befor ther Lordships against Robert Elphingstoun of Lopnes and others for robbing and away takeing of his goods In which actione ther was severall wittnesses Led at his instance and upon adviseing the depositiones and the executiones of poinding produced the saids Lords did remit the cause to be determined be the Lords of Sessione Summarly and he haveing accordingly gone on in the process befor the Lords of Sessione And it being necessar that the probatione adduced befor ther Lordships and the minwts of proces be prodwced befor The Lords of Sessione And that the clerks of Counsell cannot give owt the probatione and minwts of proces to be prodwced befor the Lords of Session without the saids Lords of privie Counsell ther warrand And therfore humbly craveing to the effect eftermentioned As the said petitione bears which petition being this day red and considered be the saids Lords of privie Counsell They heirby give order and warrand to ther clerks to give in and Deliver the depositiones of the wittnesses taken in this proces and all the minwts of the said process befor the Counsell to Alexander Gibsone who is clerk in the Innerhouse and William Robertsone who is clerk in the outterhouse to the process at the petitioners instance before the Lords of Counsell and Sessione upon the recept of aither of the saids clerks To the effect that the Lords of Session may proceed and advise the petitioners probatione

1. NRS, PC2/26, 213v-214v.

1. NRS, PC2/26, 213v-214v.

Procedure: letters of publication, 23 June 1696, Edinburgh

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Att Edinburgh the twentie third of Jwny Jaj vic nyntie Six yeirs

D1696/6/191

Procedure: letters of publication

Letters of publicatione of a patent in favors of the Chirurgeons

William by the grace of God king of Great Brittaine France and Ireland defender of the faith to […] Macers of our privie Counsell messengers at armes our Shirreffs in that pairt conjunctlly and severally speciallie constitut greeting Forasmuchas anent the address given in to the Lords of our privie Counsell be Alexander Monteith Deacon of the chirurgions of Edinburgh for himself and in name and behalf of the incorporatione of the chirurgions and chirurgeon apothecarys of the said burgh Representing that wher they have a patent under our great seall Beareing Date the twentie eight day of Febrwary Jaj vic and nyntie four yeirs Giveing granting ratifieing and confirmeing to them ther whole rights Liberties priviledges and imwnities in maner therin amply specified Which patent was also ratified in the Last Sessione of the present current parliament As the said patent and ratificatione therof and therwith produced would testifie And Seing it was necessarie for the informatione of all our Leidges And that non therin concerned might pretend ignorance that the foirsaid patent be published by Letters of publicatione directed by warrand of the saids Lords of our privie Counsell as is wsuall in the lyke caices And therfore humbly craveing that Letters might be direct for publishing the above patent and ratificatione The Saids Lords haveing considered the foirsaid address with the patent and ratificatione mentioned therin and produced therwith They by ther act of the day and date of thir presents have ordained thir our Letters of publicatione to be direct wnder the Signet of Counsell for publishing the said patent and ratificatione Containing the tenor of the patent de verbo in verbwm insert therin And have allowed the Saids Letters to be printed and published Followes the tenor of the said patent Gullielmus & Maria dei gratia Scotiae Angliae Franciae & Hiberniae Rex et regina fideiquae2 defensores omnibus probis hominibus ad quos presentes Literae pervenerint Salutem: Quandoquidem nos ex ingenti nostro zelo quo omnes artes et scientias infra imperii nostri fines florere et promoveri volumus regio nostro pectore serio expendamus, quam utilis et quam necessaria et Domi et foris, sit illa societas seu collegium chirurgorum, quae in antiqua nostra civitate Edinburgi est constituta ; quaeque Litera tura et experientia, proba institutione et multis peregrinationibus exteris comparata nullis uspiam terrarum in ea arte cedat etiam quam celeberrimis Quumque peritia illa in arte chirurgica et estimatia3 ortum precipue ducat a notitia illa quam habent artis pharmaceuticae qua seu medicamenta et pharmaca usque adeo rite componere norunt , ut iis erroribus et Commissiis quae pharmacopaeis meris accidere Solent quaeque non possunt non invenire si duae illae artes diversis execeantur4 manibus non objiciantur Quum denique attente consideramus post factam illam senatus Edinburgensis prudentia societatem chirurgorum et chirurgorum pharmacopaeorum quam prosperos habeat illa conjuncto5 successus quippe quae artes illas in perfectionem quam maximam evexerit, et medium precipuum sit quo multis clarorum virorum Liberis de victu atque amictu satis commode conspicitur et exercitus nostri et classis chirurgiis doctissimis et expertissimis abunde instruantur et ab eorum discipulis in illis regni nostri Locis ubi medici et pharmacopaei per pauci admodum sint et rari ea cura et fide subditorum nostrorum saluti adeo bene prospicitur, atque hactenus neque factum fuerat neque fieri potuit usque eo ut nostrum mereantur aspectum gratiosum favorem et benignitatem; itaque certiores vos omnes esse volumus. Nos ex proprio nostro motu, certa scientia et praerogativa regali sine tamen praecedentis cujuscunque Juris ipsis concessi praejudicio sed ad eorum omnium speciatim munimen et propugnationem damus concedimus ratum facimus approbamus et confirmamus praedictae societati seu collegio chirurgorum Edinburgensium et suis in ea arte successoribus imperpetuum omnia Jura privilegia libertates immunitates et concessiones, a quocunque regum nostrorum predicessorum vel a senatu urbano Edinburgensi vel ab ordinibus regni in suis conventibus publicis ipsis data et donata cum omnibus donis Literis patentibus actis decretis, et constitutionibus inde sequentibus in eorum favorem et commodum aeque speciatim atque generatim contentis in approbatione serenissimi regis Caroli secundi beatissimae memoriae ac ordinum regni in suo publico conventu vigesimo secundo die mensis augustii anno Domini millesimo sexcentesimo septuagesimo Ea autem sunt sequentia Videlicet Acta praefecti, praetorum et consulum urbis Edinburgensis suo sigillo urbano munita primo die Jullii anno domino millesimo quingentesimo quinto, in commodum et favorem chirurgorum et Barbitonsorum ejusdem urbis cum omnibus Juribus privilegiis et libertatibus in eo urbis diplomate contentis Et similiter Etiam confirmationem et approbationem illius Diplomatis factam et concessam praedictis chirurgiis a predecessore nostro Jacobo ejus nomine quarto Scotorum rege beatissimae memoriae sub secreto ejus sigillo de data decimo tertio die octobris anno domini millesimo quingentesimo sexto Atque etiam exemptionis epistolam a quondam serenissima Maria Scotorum regina sub suo secreto sigillo factam et concessam de data undecimo Die mensis Maii anno Domini millesimo quingentesimo sexagesimo septimo Et similiter epistolam praemissa in eorum favorem concessa confirmantem et approbantem ab Jacobo sexto Scotorum rege beatissimae memoriae sub privato suo sigillo De data sexto die Junii anno Domino millesimo sexcentesimo decimo tertio Necnon decretum seu acta ordinum in publico suo conventu Decimo septimo die novembris anno domini millesimo sexcentesimo quadregesimo primo in eorum favorem factum Sicut et in eundem finem decretum magistratus et senatus Edinburgensis decimo die mensis augustii anno domini millesimo sexcentesimo quadragesimo nono conditum Et ab eodem magistru et senatu aliud senatus consultum eodem tempore conscriptum vigesimo secundo Die mensis Junii anno domini millesimo sexcentesimo quinquagesimo quinto Et ab iisdem alterum nono die mensis novembris anno Domini millesimo sexcentesimo sexagesimo Itidem et aliud ejusdem magistratus et senatus civitatis Decretum in favorem chirurgorum et pharmacopaeorum Edinburgensium vigesimo quinto die februarii anno domini millesimo sexcentesimo quinguagesimo septimo factum Et aliud in favorem ab iisdem primo Die apprilis anno Domini millesimo sexcentesimo sexagesimo quarto a senatu Edinburgi urbis conditum in eorum favorem , cum libertatibus et privilegiis eisdem additis et in dicta approbationis Litera ordinum in suo publico conventu habita contentis vigesimo secundo die mensis Augustii anno domini millesimo sexcentesimo septuagesimo In omnibus capitibus clausulis circumstantiis et contentis secundum eorum formam et tenorem In omnibus punctis eorundem atque porro quum apprime animo volumus quam multa quam eminentia et quam commoda sint ea a chirurgiis pharmacopaeis officia nostris subditis fidelibus prestita Nos igitur majores ut ipsis animos addimus et ad populi nostri majus commodum et Levamen virtute prerogativae nostrae regalis (ad quam sollummodo institutio societatum earumque privilegiorum concessio et extensio indubitate pertinent) Et post plenam hac in re experientiam habitam ex proprio nostro motu et certa scientia Non solum De novo Damus concedimus approbamus et in perpetuum confirmamus predictis chirurgiis pharmacopeis suisque in dictis artibus et vocationibus successoribus omnia et singula eorum Jura Libertates et immunitates quaecunque illis perprius concessa Et speciatim absque prejudicio generalitatis antedictae sed in eorum ulterius munimen praedictam illam exemptionis Literam a serenissima Maria regina praefatis chirurgis De data superdicta concessam quam praedictis chirurgis pharmacopaeis eorumque discipulis et servis per presentes extendi volumus Ac ulterius declaramus eam comprehendere omnes militias et evocationes (quae verba nunc valent usu) aeque ac exercitus aequitatus convocationes armilustria aliaque inibi contenta, et dictos chirurgos pharmacopeos eorumque praedictos ab istis servitiis tam in persona quam in rebus et ab omni solutione pecuniae ratione earundem Liberos esse et immunes ordinamus talibus solutionibus quae per acta regni in suis conciliis publicis imponentur vel quam dicti chirurgi ullo tempore preterito solvere consueverunt exceptis Proviso tamen illi vel tales eorum qui maximi idonei habebuntur presentes sint cum excertitibus nostris ad prestandum suam curam et officium omnibus quibus opus fuerit parati cum vocati erint Verum etiam Damus concedimus comprobamus illis ipsismet eorumque successoribus plenum et Liberum privilegium Licentiam et potestatem faciendi et exercendi utramque artem chirurgicam et pharmaciacie et suos etiam discipulos in arte utrique instruendi examinandi et admittendi eos quos in utraque arte satis eruditos et ad utramque faciendam satis idoneos magistros inverint6 atque etiam constituendi et prescribendi visores speculatores seu judices qui an sana sint an corrupta pharmacopaeorum pharmaca seu medicamenta judicent et sententiam dicant atque ut omnibus suis prius concessis sibi privilegiis aeque plene et speciatim fruantur atque hic verbatim inserta essent Concedimus Atque similiter cum in memoriam revocamus in Literis illis patentibus a serenissimo rege Carolo secundo beatissimae memoriae concessis quibus medici Edinburgenses in collegio ereguntur chirurgorum et chirurgorum pharmacopaerum7 Edinburgensium privilegia sarta et tecta seu integra et indemnia chirurgis ibidem reservantur et prestantur Atque cautum est et declaratum quod non obstantibus praedictis Literis patentibus predictos chirurgos et chirurgos pharmacopaeos solos et omnino potestatem Edinburgi habere curandi omnia vulnerum genera collisiones ossium fracturas et dislocationes contusiones tumores ulcera et similia et omnia accidentia ab his orta quae solius chirurgiae operationum sunt subjecta at morbi omnes internae originis medicis solis comittendi sunt (exceptis ut supra excipitur) Atque si quae inter medicos et chirurgos et chirurgos pharmacopaeos Lis vel contraversia de hisce rebus oriatur ratum esse et Judicatum volumus praedictum medicorum collegium nullum habere potestatem irrogandi mulctura in chirurgos aut chirurgos pharmacopeos qui cives Edinburgensis sunt sine consensu prefecti vel pretoris alicujus ejus urbis et in casu absentiae vel detractationis eorum ad status nostri concilii Dominos appellationem utriusque fieri volumus Nosque intelligentes praedictas Literas patentes ita caute conceptas in sensu et intentione ad effectum infra mentionatum Itaque nos volumus et declaramus8 sententiam illarum Literarum patentium in favorem quorundam medicorum Edinburgensiam conceptum9 curam morborum omnium ab origine internorum ad solos medicos privatim pertinere at vero morbos omnes et Languores ab externa causa provenientes et eorum accidentia sive medicamentis interne ministratis sive externe applicatis curentur proprium esse et verum chirurgorum operationum subjectum et ad chirurgos et chirurgos pharmacopeos tanquam negotii sui et artis partes necessarias et naturales proprie pertunere10 et volumus et definimus hos veros rectos et fixos inter utramque artem futuros perpetuo Limites Et ut omnes Judices nostri atque subditi haec in commodum chirurgorum et chirurgorum pharmacopeorum cum omni favore quantum admitti potest interpretentur Et denique ut in omni controversia inter medicos et ipsos chirurgos magistratus et senatus Edinburgensis sint soli in prima instantia Judices quippe in similibus casibus erga cives suos nativi ad modum et comodi sunt arbitri At vero si altera utra pars de injuria aliqua vel Juris procrastinatione conqueratur tum et in eo casu nominamus et constituimus status nostri concilii dominos solos et unicos Judices cum plena potentia definite et ultimo decernendi et Determinandi in ea re sicut in aliis nostri dominii rebus facere consueverunt Et preteria quia nos ex bona et matura deliberatione reviximus ratificavimus et approbavimus predictum illud senatus Edinburgensis actum in anno Domini millesimo sexcentesimo quinquagesimo septimo factum pro unienda et erigenda fraternitate chirurgorum pharmacopeorum et pharmacopeorum in unam societatem ob fines et usus inibi specificatos idcirco nos id ipsum in omni tempore futuro efficax fore ordinamus cum hoc aditomenito11 quod si pharmacopaei quovis tempore aut quavis occasione cum chirurgis pharmacopeis modo et ad fines in dicto acto prescriptos concurrere recusarunt tunc et in his casibus chirurgi pharmacopaei solam habebunt potestatem et per seipsos procedant in probandis et examinandis intrantibus pharmacopeis Ac etiam in visitandis pharmacopeoram officinis eorumque pharmacis et medicamentis ac cognoscant et in eisdem determinent secundum genuinum sensum et intentionem praedicti acti Et nos animo perpendentes quam necessarium sit pro bono et salute omnium nostrorum subditorum ut ab ignorantia et erroribus imperitorum qui in chirurgia et pharmacia absque ulla probatione practicare audeant immunes reddantur Igitur per presentes declaramus et ordinamus ut nemini in futurum permittatur in chirurgia vel pharmacia operari super corpora humana mortua vel viva infra civitatem Edinburgi ejusque suburbia tres Lothianas vice comitatus De Fiffe Peebles Selkirk Roxburgh and12 Berwick sed illis qui prius per chirurgos pharmacopeos Edinburgenses probati et approbati fuerint et eorum testimonia semetipsos in hunc effectum approbantia et permittentia habuerint Et hoc sub talibus paenis quas domini nostri secreti concilii in contemptores boni ordinis et nostrae in premissis authoritatis infligere visum fuerit Nosque itidem recomendamus magistratibus Edinburgi eosque ordinamus ut praefatos chirurgos pharmocopaeos in13 praedictis eorum integris Juribus privilegiis Libertatibus et immunitatibus protegant et defendant omnemque debitum concursum in supprimendis et pumiendis14 personas Libertatem non habentibus qui practicare presument absque examinatione et approbatione ut dictum est eis praebeant Et postremo hanc nostram presentem Literam et concessionem in hoc nostro currenti seu quovis alio subsequenti parliamento ratificarum iri in verbo principum promittimus In cujus rei testimonium presentibus magnum sigillum appendi precipimus Datum apud aulam nostram De Kensingtowne vigesimo octavo Die mensis februarii anno post christum natum millesimo sexcentesimo nonagesimo quarto regnique nostri quinto per signaturam manu SDN Regis Supra Scriptam Sealed written upon the back thws written to the great Seale and registrated the twentie fifth day of Augwst Jaj vic nyntie four yeirs Sic Subscribitur Duncan Ronald deput sealed at Edinburgh the twentie nynth day of August Jaj vic nyntie four in absence of Mr John Dicksone by Sic Subscribitur Thomas Aikman followes the tenor of the ratificatione Att Edinburgh the seventyne day of Jwllie Jaj vic nyntie five yeirs Our Soveraigne Lord with advice and consent of the Estates of parliament hes ratified and approven And for his highnes and his Successors perpetually Confirmed Lykeas our Soveraigne Lord with advice and consent foirsaid by thir presents Ratifies and approves and for his highnes and his Successors perpetwallie Confirmes and gift and patent granted by our Soverigne Lord and Lady King William And Qween Mary To and in favors of the chirurgions and chirurgion apothecaries of Edinburgh of the Date at Kensingtowne the […] Day of Febrwary Jaj vic nyntie four yeirs And past ther majesties15 great seale of this ther antient kingdome of Scotland: here in the ratificatione is insert the tenor of the foirsaid patent De verbo in verbwm as expressly above sett Downe in all and Sundrie the whole heads points clauses conditiones articles and circumstances of the said gift and patent And of the haill other acts gifts grants decreits ratificationes and others particularly and generallie ther in mentioned granted in favors of the said incorporatione of the chirurgions and chirurgion apothecaries of whatsoever dates formes tenors and contents the same be of in all points Dispenseing with the generality therof and admitting allowing Decerneing and ordaineing this present ratificatione and confirmatione to be als valid effectwall and Sufficient to the saids chirurgions and chirurgion apothecaries respective as if all the saids gifts Grants acts of parliament Acts of burrows Decreits and acts of court and towne Counsell of Edinburgh and others and ratificationes therof were all and everie one of them atlenth and verbatum SPeciallie and particularly insert ingrossed and contained heirintill notwithstanding to eschew perplexitie the Samen is not so Done wheranent and anent all other Defects and imperfectiones Our Said Soveraigne Lord with advice and consent foirsaid hes dispensed And for his highnes and his Successors dispenses for ever notwithstanding of whatsoever exceptione of Law may or can be proponed objected or alleadged in the Contarie16 which his majestie with advice and consent foirsaid renunces and discharges for ever with full pouer to the saids chirurgions and chirurgion apothecaries and ther Successors to make wse of all the saids acts or any of them without prejudice of one to another to ther best advantage and behoove as they Shall think fitt and expedient And for the better effectwating of the haill premisses and ends foirsaids Our Soveraigne Lord with advice and consent foirsaid ordaines the magistrats and towne Counsell of Edinburgh and ther Successors to mentaine and Defend the said chirurgions and chirurgion Apothecaryes and ther Successors in ther haill rights Liberties immwnities and priviledges whatsomever granted in ther favors notwithstanding any of them Shall exerce any other office or imployment besydes as burgesses or gildbrother and as tho they Did not the Same And Sicklyke our Soveraigne Lord with consent foirsaid ordaines the magistrats of Edinburgh and other Judges Shirreffs and magistrats within the said burgh And also within the Shirreffdomes of the thrie Lothians Fiffe Peebles Selkirk Roxburgh and Berwick and ther officers to assist and concurr with the deacon and breithren of the incorporatione of chirurgiones and chirurgion apothecaries of Edinburgh and with the visitors and breithrein of the fraternitie and brotherhood of chirurgion apothecaries and the apothecaries of the said bwrgh or any of them and ther Successors respective against any persone or persones who Shall exerce or practise any pairt or point of the saids airts of chirurgerie or pharmasie within the said bwrgh of Edinburgh and Suburbs therof or in any of the Saids Shirreffdomes abovenamed or barboure craft within the said burgh of Edinburgh or Suburbs therof but Such as Shall be first tryed approven and admitted by the chirurgiones and chirurgione apothecaryes of Edinburgh (the major pairt being a qworum) and have ther certificats approveing and licenseing them for that effect under ther Seats and clerks hands and against any persone or persones who contraveenes any of ther respective rights Liberties and priviledges within the haill bownds foirsaids As also against any persone or persones 17 amongst themselvs contraveeners18 of ther own acts and orders heirefter And to exact fynes wnlawes and penalties from them The one half of the fynes of wnfrie men to belong to the severall magistrats within the respective Jurisdictiones and the other half to the incorporatione or brotherhood respective foirsaid And if any persone Shall find himself prejudged and wronged by the determinatione of aither the said incorporatione or brotherhood respective contrairie to the Lawes Liberties priviledges and power granted to them or either of them then and in that caise they Shall have ther recourse to the saids Severall magistrats in the first instance And therefter to the other Jwdicatories in maner Specified in the said gift who may determine in these caises for both pairties It is allwayes heirby provided and declaired that this ratificatione Shall be nowayes hurt full or prejudiciall to a former patent of erectione of the royall colledge of phisitians at Edinburgh in November Jaj vic eightie one yeirs But all ther liberties priviledges and immwnities contained in the said patent be reserved intire to them Sicklyke as if thir presents had never bein granted extracted furth of the records of parliament By George Viscount of Tarbatt Lord Mcleod and Castlehaven etc clerk to his majesties Councell registers and roles Sic Subscribitur Tarbat cls Register As the said act of privie Counsell ordaineing ther our Letters of publicatione to be direct theron under the Signet of Counsell in maner and to the effect above and under written more fullie proports Our Will is herefor And were charge yow Strictly and command that incontinent thir our Letters Sein ye pass to the mercat croce of Edinburgh and haill remanent mercat crosses of the severall Shyres abovementioned in the said patent and other places needfull And ther in our name and authoritie make publicatione of the said patent and ratificatione in favors of the chirurgions and chirurgion apothecaryes That all our Leidges and other persones concerned may have full intimatione therof and give obedience therto and that non may pretend ignorance wnder the paines and confiscationes in the said gift and ratificatione mentioned And being furder lyable answerable as our privie Counsell Shall think fitt in caise they contraveen And allows thir presents to be printed and published According to Justice as ye will ansuer to ws therupon The whilk to doe wee comitt to yow conjunctlly and Severallie our full power be thir our Letters delivering them by yow duely execut and indorsat againe to the bearer Given under our Signet at Edinburgh the twentie third day of Jwny And of our reigne the Eight yeir 1696 per actum dominorum Secreti consily Gilbert Eliot cls Secreti Consily

Att Edinburgh the twentie third of Jwny Jaj vic nyntie Six yeirs

D1696/6/191

Procedure: letters of publication

Letters of publicatione of a patent in favors of the Chirurgeons

William by the grace of God king of Great Brittaine France and Ireland defender of the faith to […] Macers of our privie Counsell messengers at armes our Shirreffs in that pairt conjunctlly and severally speciallie constitut greeting Forasmuchas anent the address given in to the Lords of our privie Counsell be Alexander Monteith Deacon of the chirurgions of Edinburgh for himself and in name and behalf of the incorporatione of the chirurgions and chirurgeon apothecarys of the said burgh Representing that wher they have a patent under our great seall Beareing Date the twentie eight day of Febrwary Jaj vic and nyntie four yeirs Giveing granting ratifieing and confirmeing to them ther whole rights Liberties priviledges and imwnities in maner therin amply specified Which patent was also ratified in the Last Sessione of the present current parliament As the said patent and ratificatione therof and therwith produced would testifie And Seing it was necessarie for the informatione of all our Leidges And that non therin concerned might pretend ignorance that the foirsaid patent be published by Letters of publicatione directed by warrand of the saids Lords of our privie Counsell as is wsuall in the lyke caices And therfore humbly craveing that Letters might be direct for publishing the above patent and ratificatione The Saids Lords haveing considered the foirsaid address with the patent and ratificatione mentioned therin and produced therwith They by ther act of the day and date of thir presents have ordained thir our Letters of publicatione to be direct wnder the Signet of Counsell for publishing the said patent and ratificatione Containing the tenor of the patent de verbo in verbwm insert therin And have allowed the Saids Letters to be printed and published Followes the tenor of the said patent Gullielmus & Maria dei gratia Scotiae Angliae Franciae & Hiberniae Rex et regina fideiquae2 defensores omnibus probis hominibus ad quos presentes Literae pervenerint Salutem: Quandoquidem nos ex ingenti nostro zelo quo omnes artes et scientias infra imperii nostri fines florere et promoveri volumus regio nostro pectore serio expendamus, quam utilis et quam necessaria et Domi et foris, sit illa societas seu collegium chirurgorum, quae in antiqua nostra civitate Edinburgi est constituta ; quaeque Litera tura et experientia, proba institutione et multis peregrinationibus exteris comparata nullis uspiam terrarum in ea arte cedat etiam quam celeberrimis Quumque peritia illa in arte chirurgica et estimatia3 ortum precipue ducat a notitia illa quam habent artis pharmaceuticae qua seu medicamenta et pharmaca usque adeo rite componere norunt , ut iis erroribus et Commissiis quae pharmacopaeis meris accidere Solent quaeque non possunt non invenire si duae illae artes diversis execeantur4 manibus non objiciantur Quum denique attente consideramus post factam illam senatus Edinburgensis prudentia societatem chirurgorum et chirurgorum pharmacopaeorum quam prosperos habeat illa conjuncto5 successus quippe quae artes illas in perfectionem quam maximam evexerit, et medium precipuum sit quo multis clarorum virorum Liberis de victu atque amictu satis commode conspicitur et exercitus nostri et classis chirurgiis doctissimis et expertissimis abunde instruantur et ab eorum discipulis in illis regni nostri Locis ubi medici et pharmacopaei per pauci admodum sint et rari ea cura et fide subditorum nostrorum saluti adeo bene prospicitur, atque hactenus neque factum fuerat neque fieri potuit usque eo ut nostrum mereantur aspectum gratiosum favorem et benignitatem; itaque certiores vos omnes esse volumus. Nos ex proprio nostro motu, certa scientia et praerogativa regali sine tamen praecedentis cujuscunque Juris ipsis concessi praejudicio sed ad eorum omnium speciatim munimen et propugnationem damus concedimus ratum facimus approbamus et confirmamus praedictae societati seu collegio chirurgorum Edinburgensium et suis in ea arte successoribus imperpetuum omnia Jura privilegia libertates immunitates et concessiones, a quocunque regum nostrorum predicessorum vel a senatu urbano Edinburgensi vel ab ordinibus regni in suis conventibus publicis ipsis data et donata cum omnibus donis Literis patentibus actis decretis, et constitutionibus inde sequentibus in eorum favorem et commodum aeque speciatim atque generatim contentis in approbatione serenissimi regis Caroli secundi beatissimae memoriae ac ordinum regni in suo publico conventu vigesimo secundo die mensis augustii anno Domini millesimo sexcentesimo septuagesimo Ea autem sunt sequentia Videlicet Acta praefecti, praetorum et consulum urbis Edinburgensis suo sigillo urbano munita primo die Jullii anno domino millesimo quingentesimo quinto, in commodum et favorem chirurgorum et Barbitonsorum ejusdem urbis cum omnibus Juribus privilegiis et libertatibus in eo urbis diplomate contentis Et similiter Etiam confirmationem et approbationem illius Diplomatis factam et concessam praedictis chirurgiis a predecessore nostro Jacobo ejus nomine quarto Scotorum rege beatissimae memoriae sub secreto ejus sigillo de data decimo tertio die octobris anno domini millesimo quingentesimo sexto Atque etiam exemptionis epistolam a quondam serenissima Maria Scotorum regina sub suo secreto sigillo factam et concessam de data undecimo Die mensis Maii anno Domini millesimo quingentesimo sexagesimo septimo Et similiter epistolam praemissa in eorum favorem concessa confirmantem et approbantem ab Jacobo sexto Scotorum rege beatissimae memoriae sub privato suo sigillo De data sexto die Junii anno Domino millesimo sexcentesimo decimo tertio Necnon decretum seu acta ordinum in publico suo conventu Decimo septimo die novembris anno domini millesimo sexcentesimo quadregesimo primo in eorum favorem factum Sicut et in eundem finem decretum magistratus et senatus Edinburgensis decimo die mensis augustii anno domini millesimo sexcentesimo quadragesimo nono conditum Et ab eodem magistru et senatu aliud senatus consultum eodem tempore conscriptum vigesimo secundo Die mensis Junii anno domini millesimo sexcentesimo quinquagesimo quinto Et ab iisdem alterum nono die mensis novembris anno Domini millesimo sexcentesimo sexagesimo Itidem et aliud ejusdem magistratus et senatus civitatis Decretum in favorem chirurgorum et pharmacopaeorum Edinburgensium vigesimo quinto die februarii anno domini millesimo sexcentesimo quinguagesimo septimo factum Et aliud in favorem ab iisdem primo Die apprilis anno Domini millesimo sexcentesimo sexagesimo quarto a senatu Edinburgi urbis conditum in eorum favorem , cum libertatibus et privilegiis eisdem additis et in dicta approbationis Litera ordinum in suo publico conventu habita contentis vigesimo secundo die mensis Augustii anno domini millesimo sexcentesimo septuagesimo In omnibus capitibus clausulis circumstantiis et contentis secundum eorum formam et tenorem In omnibus punctis eorundem atque porro quum apprime animo volumus quam multa quam eminentia et quam commoda sint ea a chirurgiis pharmacopaeis officia nostris subditis fidelibus prestita Nos igitur majores ut ipsis animos addimus et ad populi nostri majus commodum et Levamen virtute prerogativae nostrae regalis (ad quam sollummodo institutio societatum earumque privilegiorum concessio et extensio indubitate pertinent) Et post plenam hac in re experientiam habitam ex proprio nostro motu et certa scientia Non solum De novo Damus concedimus approbamus et in perpetuum confirmamus predictis chirurgiis pharmacopeis suisque in dictis artibus et vocationibus successoribus omnia et singula eorum Jura Libertates et immunitates quaecunque illis perprius concessa Et speciatim absque prejudicio generalitatis antedictae sed in eorum ulterius munimen praedictam illam exemptionis Literam a serenissima Maria regina praefatis chirurgis De data superdicta concessam quam praedictis chirurgis pharmacopaeis eorumque discipulis et servis per presentes extendi volumus Ac ulterius declaramus eam comprehendere omnes militias et evocationes (quae verba nunc valent usu) aeque ac exercitus aequitatus convocationes armilustria aliaque inibi contenta, et dictos chirurgos pharmacopeos eorumque praedictos ab istis servitiis tam in persona quam in rebus et ab omni solutione pecuniae ratione earundem Liberos esse et immunes ordinamus talibus solutionibus quae per acta regni in suis conciliis publicis imponentur vel quam dicti chirurgi ullo tempore preterito solvere consueverunt exceptis Proviso tamen illi vel tales eorum qui maximi idonei habebuntur presentes sint cum excertitibus nostris ad prestandum suam curam et officium omnibus quibus opus fuerit parati cum vocati erint Verum etiam Damus concedimus comprobamus illis ipsismet eorumque successoribus plenum et Liberum privilegium Licentiam et potestatem faciendi et exercendi utramque artem chirurgicam et pharmaciacie et suos etiam discipulos in arte utrique instruendi examinandi et admittendi eos quos in utraque arte satis eruditos et ad utramque faciendam satis idoneos magistros inverint6 atque etiam constituendi et prescribendi visores speculatores seu judices qui an sana sint an corrupta pharmacopaeorum pharmaca seu medicamenta judicent et sententiam dicant atque ut omnibus suis prius concessis sibi privilegiis aeque plene et speciatim fruantur atque hic verbatim inserta essent Concedimus Atque similiter cum in memoriam revocamus in Literis illis patentibus a serenissimo rege Carolo secundo beatissimae memoriae concessis quibus medici Edinburgenses in collegio ereguntur chirurgorum et chirurgorum pharmacopaerum7 Edinburgensium privilegia sarta et tecta seu integra et indemnia chirurgis ibidem reservantur et prestantur Atque cautum est et declaratum quod non obstantibus praedictis Literis patentibus predictos chirurgos et chirurgos pharmacopaeos solos et omnino potestatem Edinburgi habere curandi omnia vulnerum genera collisiones ossium fracturas et dislocationes contusiones tumores ulcera et similia et omnia accidentia ab his orta quae solius chirurgiae operationum sunt subjecta at morbi omnes internae originis medicis solis comittendi sunt (exceptis ut supra excipitur) Atque si quae inter medicos et chirurgos et chirurgos pharmacopaeos Lis vel contraversia de hisce rebus oriatur ratum esse et Judicatum volumus praedictum medicorum collegium nullum habere potestatem irrogandi mulctura in chirurgos aut chirurgos pharmacopeos qui cives Edinburgensis sunt sine consensu prefecti vel pretoris alicujus ejus urbis et in casu absentiae vel detractationis eorum ad status nostri concilii Dominos appellationem utriusque fieri volumus Nosque intelligentes praedictas Literas patentes ita caute conceptas in sensu et intentione ad effectum infra mentionatum Itaque nos volumus et declaramus8 sententiam illarum Literarum patentium in favorem quorundam medicorum Edinburgensiam conceptum9 curam morborum omnium ab origine internorum ad solos medicos privatim pertinere at vero morbos omnes et Languores ab externa causa provenientes et eorum accidentia sive medicamentis interne ministratis sive externe applicatis curentur proprium esse et verum chirurgorum operationum subjectum et ad chirurgos et chirurgos pharmacopeos tanquam negotii sui et artis partes necessarias et naturales proprie pertunere10 et volumus et definimus hos veros rectos et fixos inter utramque artem futuros perpetuo Limites Et ut omnes Judices nostri atque subditi haec in commodum chirurgorum et chirurgorum pharmacopeorum cum omni favore quantum admitti potest interpretentur Et denique ut in omni controversia inter medicos et ipsos chirurgos magistratus et senatus Edinburgensis sint soli in prima instantia Judices quippe in similibus casibus erga cives suos nativi ad modum et comodi sunt arbitri At vero si altera utra pars de injuria aliqua vel Juris procrastinatione conqueratur tum et in eo casu nominamus et constituimus status nostri concilii dominos solos et unicos Judices cum plena potentia definite et ultimo decernendi et Determinandi in ea re sicut in aliis nostri dominii rebus facere consueverunt Et preteria quia nos ex bona et matura deliberatione reviximus ratificavimus et approbavimus predictum illud senatus Edinburgensis actum in anno Domini millesimo sexcentesimo quinquagesimo septimo factum pro unienda et erigenda fraternitate chirurgorum pharmacopeorum et pharmacopeorum in unam societatem ob fines et usus inibi specificatos idcirco nos id ipsum in omni tempore futuro efficax fore ordinamus cum hoc aditomenito11 quod si pharmacopaei quovis tempore aut quavis occasione cum chirurgis pharmacopeis modo et ad fines in dicto acto prescriptos concurrere recusarunt tunc et in his casibus chirurgi pharmacopaei solam habebunt potestatem et per seipsos procedant in probandis et examinandis intrantibus pharmacopeis Ac etiam in visitandis pharmacopeoram officinis eorumque pharmacis et medicamentis ac cognoscant et in eisdem determinent secundum genuinum sensum et intentionem praedicti acti Et nos animo perpendentes quam necessarium sit pro bono et salute omnium nostrorum subditorum ut ab ignorantia et erroribus imperitorum qui in chirurgia et pharmacia absque ulla probatione practicare audeant immunes reddantur Igitur per presentes declaramus et ordinamus ut nemini in futurum permittatur in chirurgia vel pharmacia operari super corpora humana mortua vel viva infra civitatem Edinburgi ejusque suburbia tres Lothianas vice comitatus De Fiffe Peebles Selkirk Roxburgh and12 Berwick sed illis qui prius per chirurgos pharmacopeos Edinburgenses probati et approbati fuerint et eorum testimonia semetipsos in hunc effectum approbantia et permittentia habuerint Et hoc sub talibus paenis quas domini nostri secreti concilii in contemptores boni ordinis et nostrae in premissis authoritatis infligere visum fuerit Nosque itidem recomendamus magistratibus Edinburgi eosque ordinamus ut praefatos chirurgos pharmocopaeos in  praedictis eorum integris Juribus privilegiis Libertatibus et immunitatibus protegant et defendant omnemque debitum concursum in supprimendis et pumiendis14 personas Libertatem non habentibus qui practicare presument absque examinatione et approbatione ut dictum est eis praebeant Et postremo hanc nostram presentem Literam et concessionem in hoc nostro currenti seu quovis alio subsequenti parliamento ratificarum iri in verbo principum promittimus In cujus rei testimonium presentibus magnum sigillum appendi precipimus Datum apud aulam nostram De Kensingtowne vigesimo octavo Die mensis februarii anno post christum natum millesimo sexcentesimo nonagesimo quarto regnique nostri quinto per signaturam manu SDN Regis Supra Scriptam Sealed written upon the back thws written to the great Seale and registrated the twentie fifth day of Augwst Jaj vic nyntie four yeirs Sic Subscribitur Duncan Ronald deput sealed at Edinburgh the twentie nynth day of August Jaj vic nyntie four in absence of Mr John Dicksone by Sic Subscribitur Thomas Aikman followes the tenor of the ratificatione Att Edinburgh the seventyne day of Jwllie Jaj vic nyntie five yeirs Our Soveraigne Lord with advice and consent of the Estates of parliament hes ratified and approven And for his highnes and his Successors perpetually Confirmed Lykeas our Soveraigne Lord with advice and consent foirsaid by thir presents Ratifies and approves and for his highnes and his Successors perpetwallie Confirmes and gift and patent granted by our Soverigne Lord and Lady King William And Qween Mary To and in favors of the chirurgions and chirurgion apothecaries of Edinburgh of the Date at Kensingtowne the […] Day of Febrwary Jaj vic nyntie four yeirs And past ther majesties15 great seale of this ther antient kingdome of Scotland: here in the ratificatione is insert the tenor of the foirsaid patent De verbo in verbwm as expressly above sett Downe in all and Sundrie the whole heads points clauses conditiones articles and circumstances of the said gift and patent And of the haill other acts gifts grants decreits ratificationes and others particularly and generallie ther in mentioned granted in favors of the said incorporatione of the chirurgions and chirurgion apothecaries of whatsoever dates formes tenors and contents the same be of in all points Dispenseing with the generality therof and admitting allowing Decerneing and ordaineing this present ratificatione and confirmatione to be als valid effectwall and Sufficient to the saids chirurgions and chirurgion apothecaries respective as if all the saids gifts Grants acts of parliament Acts of burrows Decreits and acts of court and towne Counsell of Edinburgh and others and ratificationes therof were all and everie one of them atlenth and verbatum SPeciallie and particularly insert ingrossed and contained heirintill notwithstanding to eschew perplexitie the Samen is not so Done wheranent and anent all other Defects and imperfectiones Our Said Soveraigne Lord with advice and consent foirsaid hes dispensed And for his highnes and his Successors dispenses for ever notwithstanding of whatsoever exceptione of Law may or can be proponed objected or alleadged in the Contarie16 which his majestie with advice and consent foirsaid renunces and discharges for ever with full pouer to the saids chirurgions and chirurgion apothecaries and ther Successors to make wse of all the saids acts or any of them without prejudice of one to another to ther best advantage and behoove as they Shall think fitt and expedient And for the better effectwating of the haill premisses and ends foirsaids Our Soveraigne Lord with advice and consent foirsaid ordaines the magistrats and towne Counsell of Edinburgh and ther Successors to mentaine and Defend the said chirurgions and chirurgion Apothecaryes and ther Successors in ther haill rights Liberties immwnities and priviledges whatsomever granted in ther favors notwithstanding any of them Shall exerce any other office or imployment besydes as burgesses or gildbrother and as tho they Did not the Same And Sicklyke our Soveraigne Lord with consent foirsaid ordaines the magistrats of Edinburgh and other Judges Shirreffs and magistrats within the said burgh And also within the Shirreffdomes of the thrie Lothians Fiffe Peebles Selkirk Roxburgh and Berwick and ther officers to assist and concurr with the deacon and breithren of the incorporatione of chirurgiones and chirurgion apothecaries of Edinburgh and with the visitors and breithrein of the fraternitie and brotherhood of chirurgion apothecaries and the apothecaries of the said bwrgh or any of them and ther Successors respective against any persone or persones who Shall exerce or practise any pairt or point of the saids airts of chirurgerie or pharmasie within the said bwrgh of Edinburgh and Suburbs therof or in any of the Saids Shirreffdomes abovenamed or barboure craft within the said burgh of Edinburgh or Suburbs therof but Such as Shall be first tryed approven and admitted by the chirurgiones and chirurgione apothecaryes of Edinburgh (the major pairt being a qworum) and have ther certificats approveing and licenseing them for that effect under ther Seats and clerks hands and against any persone or persones who contraveenes any of ther respective rights Liberties and priviledges within the haill bownds foirsaids As also against any persone or persones 17 amongst themselvs contraveeners18 of ther own acts and orders heirefter And to exact fynes wnlawes and penalties from them The one half of the fynes of wnfrie men to belong to the severall magistrats within the respective Jurisdictiones and the other half to the incorporatione or brotherhood respective foirsaid And if any persone Shall find himself prejudged and wronged by the determinatione of aither the said incorporatione or brotherhood respective contrairie to the Lawes Liberties priviledges and power granted to them or either of them then and in that caise they Shall have ther recourse to the saids Severall magistrats in the first instance And therefter to the other Jwdicatories in maner Specified in the said gift who may determine in these caises for both pairties It is allwayes heirby provided and declaired that this ratificatione Shall be nowayes hurt full or prejudiciall to a former patent of erectione of the royall colledge of phisitians at Edinburgh in November Jaj vic eightie one yeirs But all ther liberties priviledges and immwnities contained in the said patent be reserved intire to them Sicklyke as if thir presents had never bein granted extracted furth of the records of parliament By George Viscount of Tarbatt Lord Mcleod and Castlehaven etc clerk to his majesties Councell registers and roles Sic Subscribitur Tarbat cls Register As the said act of privie Counsell ordaineing ther our Letters of publicatione to be direct theron under the Signet of Counsell in maner and to the effect above and under written more fullie proports Our Will is herefor And were charge yow Strictly and command that incontinent thir our Letters Sein ye pass to the mercat croce of Edinburgh and haill remanent mercat crosses of the severall Shyres abovementioned in the said patent and other places needfull And ther in our name and authoritie make publicatione of the said patent and ratificatione in favors of the chirurgions and chirurgion apothecaryes That all our Leidges and other persones concerned may have full intimatione therof and give obedience therto and that non may pretend ignorance wnder the paines and confiscationes in the said gift and ratificatione mentioned And being furder lyable answerable as our privie Counsell Shall think fitt in caise they contraveen And allows thir presents to be printed and published According to Justice as ye will ansuer to ws therupon The whilk to doe wee comitt to yow conjunctlly and Severallie our full power be thir our Letters delivering them by yow duely execut and indorsat againe to the bearer Given under our Signet at Edinburgh the twentie third day of Jwny And of our reigne the Eight yeir 1696 per actum dominorum Secreti consily Gilbert Eliot cls Secreti Consily

1. NRS, PC2/26, 206v-213v.

2. Sic.

3. Sic. Recte ‘estimatio’.

4. Sic.

5. Sic.

6. Sic.

7. The phrase ‘lis vel contra aversa’ scored out here.

8. Sic. Recte ‘declaramus’.

9. Sic. Recte ‘Inceptarum’.

10. Sic. Recte ‘pertinere’.

11. Sic.

12. Sic.

13. The word ‘dictis’ scored out here.

14. Sic. Recte ‘puniendis’.

15. An illegible word scored out at this point.

16. Sic.

17. The letters ‘amon’ scored out here.

18. One illegible word here.

1. NRS, PC2/26, 206v-213v.

2. Sic.

3. Sic. Recte ‘estimatio’.

4. Sic.

5. Sic.

6. Sic.

7. The phrase ‘lis vel contra aversa’ scored out here.

8. Sic. Recte ‘declaramus’.

9. Sic. Recte ‘Inceptarum’.

10. Sic. Recte ‘pertinere’.

11. Sic.

12. Sic.

13. The word ‘dictis’ scored out here.

14. Sic. Recte ‘puniendis’.

15. An illegible word scored out at this point.

16. Sic.

17. The letters ‘amon’ scored out here.

18. One illegible word here.

Procedure: judicial proceedings, 23 June 1696, Edinburgh

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Att Edinburgh the twentie third of Jwny Jaj vic nyntie Six yeirs

D1696/6/181

Procedure: judicial proceedings

Remit James Browne against Fairly

Anent the lybell or Letters of complaint raised and perswed befor the Lords of his majesties privie Counsell at the instance of James Browne maltman in Dwnse with concurse of Sir James Stewart his majesties Advocat for his Highnes interest in the mater underuritten Makeing mention2 That albeit the violent and unlaufull seazeing upon and carying away the goods and geir of our Leidges pretending to poind the Same for debt the ground of which Debt being Suspended And the Suspensione therof intimat to the pairtie poinder befor the pretended poinding be a cryme and ryot severely pwnishable by the Lawes of this and all other well governed nationes Yet trwe it is and of veritie that William Fairely Glover and brewer in Dunse haveing Stollen out and decreit in absence against the complainer James Browne befor the Commissars of Lawder upon the tenth day of December Last Against which Decreit the said complainer did humbly mean himself to our Lords of Counsell and Sessione and our saids Lords did most Justly grant ane Suspension of the foirsaid Decreit upon most relevant reasones which Suspensione is dated the twentie fifth day of December Jaj vic and nyntie five and Signet the Eight Day of Janwary Jaj vic and nyntie Six And which was intimat upon the threttie ine day of Janwary Jaj vic and nyntie Six be George Gardiner Shirreff in that pairt to the said William Fairley personallie apprehended befor two Subscribeing wittnesses As the executione of the intimatione therwith produced will testifie And yet notwithstanding that the said William Fairly was putt in mala fide by the foirsaid Suspensione and intimatione therof from troubleing or molesting the said complainer be vertue of the foirsaid pretended Decreit till the Suspensione were discust He the said William Fairly Thomas Balfoure messenger in Dwnse Thomas Fairly glover ther William Fairly glover ther his brother […] Fairy3 glover ther Adam Fairly glover ther Thomas Simpsone glover ther and Andrew Bowstowne brewer ther in manifest contempt of our authoritie and acts of parliament this kingdome And of the awthoritie of the high Court of our Lords of Sessione Did in a most wnwarrantable and tumultwows maner come to the said complainers house on the twentie third day of Janwary Last and did in a most violent maner take away from the said James Browne Complainer two Caldrons to the value of Ane Hundereth punds Scotts As also ane malt kilne haircloath worth 4 Fourtie punds to the great hurt and detriment of the said complainer by casting him out of brewing for want of Loomes And to the said complainer loss of twentie boles of malt which was then readie imediatly to have bein killned And albeit that the said 5 James Browne complainer did imediatly efter that the said William Fairly and his accomplices had violently taken away the foirsaids goods requyre them to deliver the Same book in respect the Suspensione and intimat one forsaid was sent to Edinburgh to Stopp any protestatione that might be pwt up ther against And offered to prove by the said William Fairlyes oath that the said Suspensione was intimat to him befor the takeing away the goods yet he would noe wayes restore the same As ane instrument taken therupon in the hands of John Crafurd notar publict of the date of the takeing away the saids goods which was upon the twentie third day of Janwary Last Subscribed by the said notar and two wittnesses Likewayes produced with the said Lybell will testifie By all which it may evidently appear to the Lords of our privie Counsell that the persones above complained upon are gwiltie of ane high and manifest ryot in away takeing of the said complainers goods and geir above lybelled And therfore owght and Should not only be decerned and ordained Conjunctlly and Severally by our Saids Lords Decreit and Sentance to restore and redeliver back again to the said James Broune complainer the foirsaids goods geir most wnjustly and wnwarrantably taken away and detained by them in als good caise and conditione as they were in when taken away or els the availl and prices above Sett doune But Likewayes ought and Should be decerned in the Soume of […] of Damnadges and expensses for the complainers wse And also furder pwnished in ther persones and goods to the example and terror of others to committ the lyke in tyme Comeing And anent the charge given to the saids Defenders to have compeared personally befor the saids Lords of our privie Counsell at ane certaine day now bypast to have ansuered to the grounds of the above written complaint And to have heard and Sein Such order and course taken theranent as the saids Lords Should think fitt under the paine of rebellione As in the principall Letters of complaint and executiones therof at more lenth is contained which lybell being upon the twentie fifth of febrwary Last bypast called in presence of the saids Lords of privie Counsell And the persuer compeareing personallie with Mr John Kincaid his advocat And the haill Defenders compeareing also personallie, except Thomas Simpsone glover and Andrew Bowstowne brewer in Dwnse with Sir Patrick Home advocat for the haill defenders The lybell and ansuers therto being read and both pairties Lawiers being fullie heard The Cowncell admitted the lybell to the persuers probation And Severall of the wittnesses being present and haveing made faith The Cowncell appointed a comittie to examine them Which Comittie haveing accordingly mett they examined diverse and sundrie famows wittnesses who being all solemnly sworne and interrogat deponed and declaired as ther oaths and depositiones extant in proces Bears And the said lybell being this day called in presence of the saids Lords of his majesties privie Counsell And the Saids Lords haveing considered the said lybell with the depositiones of the wittnesses adduced befor the saids Lords for proveing the lybell They heirby remit the mater lybelled to be insisted in and Discust by The Lords of Sessione in the ordinary forme and manner

Att Edinburgh the twentie third of Jwny Jaj vic nyntie Six yeirs

D1696/6/181

Procedure: judicial proceedings

Remit James Browne against Fairly

Anent the lybell or Letters of complaint raised and perswed befor the Lords of his majesties privie Counsell at the instance of James Browne maltman in Dwnse with concurse of Sir James Stewart his majesties Advocat for his Highnes interest in the mater underuritten Makeing mention2 That albeit the violent and unlaufull seazeing upon and carying away the goods and geir of our Leidges pretending to poind the Same for debt the ground of which Debt being Suspended And the Suspensione therof intimat to the pairtie poinder befor the pretended poinding be a cryme and ryot severely pwnishable by the Lawes of this and all other well governed nationes Yet trwe it is and of veritie that William Fairely Glover and brewer in Dunse haveing Stollen out and decreit in absence against the complainer James Browne befor the Commissars of Lawder upon the tenth day of December Last Against which Decreit the said complainer did humbly mean himself to our Lords of Counsell and Sessione and our saids Lords did most Justly grant ane Suspension of the foirsaid Decreit upon most relevant reasones which Suspensione is dated the twentie fifth day of December Jaj vic and nyntie five and Signet the Eight Day of Janwary Jaj vic and nyntie Six And which was intimat upon the threttie ine day of Janwary Jaj vic and nyntie Six be George Gardiner Shirreff in that pairt to the said William Fairley personallie apprehended befor two Subscribeing wittnesses As the executione of the intimatione therwith produced will testifie And yet notwithstanding that the said William Fairly was putt in mala fide by the foirsaid Suspensione and intimatione therof from troubleing or molesting the said complainer be vertue of the foirsaid pretended Decreit till the Suspensione were discust He the said William Fairly Thomas Balfoure messenger in Dwnse Thomas Fairly glover ther William Fairly glover ther his brother […] Fairy3 glover ther Adam Fairly glover ther Thomas Simpsone glover ther and Andrew Bowstowne brewer ther in manifest contempt of our authoritie and acts of parliament this kingdome And of the awthoritie of the high Court of our Lords of Sessione Did in a most wnwarrantable and tumultwows maner come to the said complainers house on the twentie third day of Janwary Last and did in a most violent maner take away from the said James Browne Complainer two Caldrons to the value of Ane Hundereth punds Scotts As also ane malt kilne haircloath worth 4 Fourtie punds to the great hurt and detriment of the said complainer by casting him out of brewing for want of Loomes And to the said complainer loss of twentie boles of malt which was then readie imediatly to have bein killned And albeit that the said 5 James Browne complainer did imediatly efter that the said William Fairly and his accomplices had violently taken away the foirsaids goods requyre them to deliver the Same book in respect the Suspensione and intimat one forsaid was sent to Edinburgh to Stopp any protestatione that might be pwt up ther against And offered to prove by the said William Fairlyes oath that the said Suspensione was intimat to him befor the takeing away the goods yet he would noe wayes restore the same As ane instrument taken therupon in the hands of John Crafurd notar publict of the date of the takeing away the saids goods which was upon the twentie third day of Janwary Last Subscribed by the said notar and two wittnesses Likewayes produced with the said Lybell will testifie By all which it may evidently appear to the Lords of our privie Counsell that the persones above complained upon are gwiltie of ane high and manifest ryot in away takeing of the said complainers goods and geir above lybelled And therfore owght and Should not only be decerned and ordained Conjunctlly and Severally by our Saids Lords Decreit and Sentance to restore and redeliver back again to the said James Broune complainer the foirsaids goods geir most wnjustly and wnwarrantably taken away and detained by them in als good caise and conditione as they were in when taken away or els the availl and prices above Sett doune But Likewayes ought and Should be decerned in the Soume of […] of Damnadges and expensses for the complainers wse And also furder pwnished in ther persones and goods to the example and terror of others to committ the lyke in tyme Comeing And anent the charge given to the saids Defenders to have compeared personally befor the saids Lords of our privie Counsell at ane certaine day now bypast to have ansuered to the grounds of the above written complaint And to have heard and Sein Such order and course taken theranent as the saids Lords Should think fitt under the paine of rebellione As in the principall Letters of complaint and executiones therof at more lenth is contained which lybell being upon the twentie fifth of febrwary Last bypast called in presence of the saids Lords of privie Counsell And the persuer compeareing personallie with Mr John Kincaid his advocat And the haill Defenders compeareing also personallie, except Thomas Simpsone glover and Andrew Bowstowne brewer in Dwnse with Sir Patrick Home advocat for the haill defenders The lybell and ansuers therto being read and both pairties Lawiers being fullie heard The Cowncell admitted the lybell to the persuers probation And Severall of the wittnesses being present and haveing made faith The Cowncell appointed a comittie to examine them Which Comittie haveing accordingly mett they examined diverse and sundrie famows wittnesses who being all solemnly sworne and interrogat deponed and declaired as ther oaths and depositiones extant in proces Bears And the said lybell being this day called in presence of the saids Lords of his majesties privie Counsell And the Saids Lords haveing considered the said lybell with the depositiones of the wittnesses adduced befor the saids Lords for proveing the lybell They heirby remit the mater lybelled to be insisted in and Discust by The Lords of Sessione in the ordinary forme and manner

1. NRS, PC2/26, 204v-206v.

2. The words ‘Foras much’ scored out here.

3. Sic.

4. The letters ‘Fou’ scored out here.

5. The words ‘Suspensione was’ scored out here.

1. NRS, PC2/26, 204v-206v.

2. The words ‘Foras much’ scored out here.

3. Sic.

4. The letters ‘Fou’ scored out here.

5. The words ‘Suspensione was’ scored out here.

Decreet, 23 June 1696, Edinburgh

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Att Edinburgh the twentie third of Jwny Jaj vic nyntie Six yeirs

D1696/6/171

Decreet

Decreit Sinclair of Brymes against Sinclair of Asserie

Anent the lybell or Letters of complaint raised and persewed befor the Lords of his majesties privie Counsell at the instance of George Sinclair of Asserie and John Sinclair his brother with concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater underwrittin Makeing Mention That albeit by severall acts of parliament and by the wniversall practise of this and all other well governed nationes the illegall invadeing of any persones right and possessione or disturbeing them of ther right and propertie by open violence bangastrie and armed force Are crymes of ane high nature and severely pwnishable Especiallie wher the same are Done and comitted upon the Saboth Day And efter other Letters of Law borrowes were Duely raised and execute against them at the instance of those against whom those violences ryots and Deeds of oppressione were committed Nevertheles It is of Veritie that John Sinclair of Brymes Donald Hendersone and Hector Monro his servants William Campbell alias Begg Alexander and Murdoch Campbells his sones James Sinclair naturall brother to the said John Sinclair of Brimes have presumed to comitt and are gwiltie of the foirsaids crymes in soe far as the saids Couples having receaved severall wrongs and injuries from the said John Sinclair of Brymes and his saids servants And haveing for ther securitie and for preventing such oppressiones and injuries for the future raised Letters of Lauburrows against them and cawsed Donald Durhame messenger Duely execute the Same against them upon the fourtein Day of May Jaj vic and nyntie two yeirs befor Donald Gwn and John Thomsone as wittnesses The Said Hector Monro and Donald Calldell Did upon the Saboth Day imediatly following Come in a most barbarows and crwell maner All armed with Swords gwns and Durks to the duelling house of the said John Sinclair complainer in Forsay wher he was readeing the Scripture to his familie And the said Messenger and wittnesses being ther occasionallie present in that house The Said Donald Hendersone and Hector Monro did draw out ther Durks and threatned with many a bloodie oath to kill and murder the said John Sinclaire complainer the messenger and wittnesses for haveing execute the Lauburrowes against them and the said John Sinclaire of Brymes ther maister and would wndoubtedly have executed ther designed murder against them In caice by providence Some other good people had not come and rescwered them out of ther bloodie hands Likeas the said Donald Durhame messenger being Some weeks therefter in the towne of Thurso James Innes then servitor to the said John Sinclaire of Brymes did in Brymes own presence fall wpon the messenger and gave him many Stroke to the great effwsione of his blood And the said James Innes and James Sinclaire naturall brother to Brymes did persue and follow the said Donald Durhame a considerable way owt of Designe to have killed him dead and imediatly returned back to Brymes who receaved them kindly and approved of the villany Done by them to the messinger as afoirsaid And which villany was undoubtedly perpetrat by the comand and outhunding of the said John Sinclaire of Brymes he haveing formerly threatned and boasted that the said messenger and wittness Should gett sore bones and not know by whom for offering to execute Laborrowes against him and being wittnesses therto And within Some dayes therefter the said Donald Hendersone did fall upon John Thomsone one of the wittnesses and beatt him to the ground with the great roller of ane firlot untill he was nether able to stand nor goe But was taken efter he had wallowed neer ane houre in his own blood and caryed him to his own house wher he Langwished of his Saids wounds and brwises for many moneths ther efter And the said Donald Hendersone haveing Some dayes therefter mett with Donald Gwn the other wittnes to the executione of Laborrows upon the said Street of Thurso He did beatt him So violently with ane hwge bigg trie that he was caried home wher he langwished of his saids wounds and brwises untill his death Lykeas upon the first day of August Last by past the said John Sinclaire Complainer haveing sent William Douglas and Agnws Mcdonald his own two servants with his horses to bring home his own peatts to his own house of Asserie wher he now Duells The Saids John Sinclair of Brymes and Donald Hendersone his servant did crwelly fall upon them and beatt them to the ground giveing them many a bloodie and blae strocks with great battones to the great effusione of ther blood and hazard of ther Lives And the Said John Sinclaire haveing upon the heareing of the hideows cryes of his servants come furth The saids John Sinclaire and Donald Hendersone did most crwelly fall upon him and gave him many Stroaks with ther saids battones and plwked out the most pairt of the haire of his head And Bessie Craig Spouse to the said John Sinclaire haveing come out to releeve her husband the saids John Sinclaire and Donald Hendersone did most crwelly and barbarousely fall upon her and beatt her not only to the great effusione of her blood But even to that extremitie that she hath never Since bein able to goe abroad but hath ever Since Langwished and yet continwes Langwishing by the crwell Stroaks wounds and brwises given by them to her in maner forsaid As also the saids William Campbell alias Bigg Alexander and Murdoch Campbells and James Sinclaire hes notwithstanding the said Labarrowes yeirly and Daylie Since openly both pastured eats and Distroyes the said complainers grass and cornes casts peatts turves and diviots on his ground to his great enorme Lasione and hurt without any order of Law or Justice By Doeing of all which the persones above comaplained upon are gwiltie of the breatch and contravention of Lawborrowes and other crymes above written as actors atleast as airt and pairt of the Same and for which they ought and Should be Severly pwnished in their persones and goods to the example and terror of others to Doe the Like in tyme comeing And anent the charge given to the saids defenders to have compeared personallie befor the saids Lords of our privie Counsell at ane certain day now bypast to have ansuered to the grounds of the above written complaint and to have heards and sein such order and course taken theranent as the saids Lords Should think fitt under the paine of rebellion etc As in the principall Lybell or Letters of complaint raised in the said mater and executiones therof at more lenth is contained And Sicklyke anent the Letters of reconvention intented and persued befor the saids Lords of privie Counsell at the instance of the said John Sinclaire of Brymes with concurse of the said Sir James Stewart his majesties advocat for his hignes interest in the mater wnder written Makeing Mentione That albeit by the 2 severall acts of parliament and by the wniversall Law and practicqe of this realme als well as of all other well governed nationes the illegall disturbing and molesting men in ther rights propperties and possessions not only by all maner of Clandestine deeds But Likewayes by Doune right open violence outrageows and armed force be crymes of ane Heinows nature and Severly pwnishable especially wher the Same are comitted efter other Letters of Lawborrowes Duely execut against them at the instance of those against whom the Deeds and violences are comitted And albeit by the constant Law and practicq of this and all other well governed nations the vexing or disqwieting of the Leidges by raiseing groundles or defamatory lybells against them Especiallie when the Same is Done out of a meer malitious and revengefull humor and with no other designe then to defame ther reputatione and good name and to putt them to vast charges and expensses als well as to divert them from following ther Laufull affairs Be crymes severely pwnishable Nevertheles it is of veritie that George Sinclaire of Asserie Isobell Sinclaire his Spouse John Sinclaire his brother Bessie Craigy his Spouse William Miller and Angus Mcculveran ther Sevants Jennet Mckindley and […] Mccullbarran ther maid servant Have comitted and are gwiltie of the cryms abovementioned In so far as the said John Sinclaire of Brymes complainer haveing acquyred from the Earle of Breadalbine among Severall wther Lands in Caithnes a right of reversion of the Lands of Forsie etc wherof the said George Sinclaire was wodsetter And ther haveing bein ane order of redemption wsed against the said George Sinclaire at The Earle of Breadalbines instance wherby he finding that he must therupon needs take his money and qwite his said wodsett right he did enter into ane voluntar agriement with the said John Sinclar complainer who had right to the reversione as said is And for payment of the Soume of Four Hundereth merks of a gratwitie besydes the Soumes contained in the wodsett he did voluntarly and Judiciallie in presence of the Shirreff Deput of Caithnes cede the possessione in favors of the said John Sinclaire complainer who was imediatly by ane decreit of court legallie and peaceably possest of the saids Lands Notwithstanding of all which the said George Sinclaire hes ever Since conceaved and intertained ane deedly feed and malice at the said complainer for bwying of the said right of reversione of his Lands as he pretends And hath ever Since Still Studied by all possible means to revenge himself upon the said complainer and to disturb him in his propertie and possessione of the saids Lands wherby the said John Sinclaire complainer was necessitat to raise other Letters of Lawburrows against the said George Sinclaire and John Sinclair his brother who Stayes and resides of purpose neer the Saids Lands that he may have the better opportwnitie of disqwieting the said complainer in his possessione therof and caused Gilbert Omand messenger duely execute the saids Letters against them upon the fourtein day of Jullie Jaj vic nyntie two yeirs But as nothing can restraine the said George and John Sinclaires ther malice so true it is that upon the twentie fourth or twentie fifth dayes of Janwary Jaj vic nyntie two yeirs or ane or other of the Dayes or moneths of the sad yeir the said John Sinclaire of Brymes complainer haveing sent Donald Hendersone tenent in Leweratrie and Hector Monro tennent in Brymes to the mylne of the Saids Lands of Forse wherof the Said wherof the Said3 John Sinclaire was also in the peaceable possessione as said is to bring home Some meall which he had lyeing in the said mylne the said George Sinclaire Did hound out Isobell Sinclaire his Spouse with a great moab of woemen armed with tries forks flanks staffs or other Such like instruments and Did most outragiowsely fall upon the said Hector Monro and Donald Hendersone and did beatt and abwse them and Stryke them Downe to the grownd and rive owt and tear the hair of the ther heads in a most barbarows and crwell maner Likeas upon the twentie fifth twentie Sicth or twentie Seventh Dayes of Jully Last by past or upon and or other of the dayes of the Said moneth the Said John Sinclaire of Brymes haveing gone accompanyed only with and Single footmen to ane towne of his own called Lurrary to visite a waist house which he had ther and haveing taken alongs with him from thence the Said Donald Hendersone they went to gither accompanyed onlie as said is to the foirsaid towne of Forsie to Sie Some Hay which was wmung ther But as they came by the said John Sinclaire his duelling house at Asserie they were mett with by William Miller and Angus Mcullburran two of the saids John and George Sinclaire ther Servants with five or Six horses under Diviots and being enquyred from whence they had brought these Divotts they Did most boldly ansuer that the Diviots belonged to One Donald Moor in Forse who was one of Brymes tennents And the Said Donald Hendersone haveing requyred them to bring back the saids Diviots to the place whence they had caryed them The Saids two Servants did not only refwse so to Doe But Likewayes the said John Sinclaire ther maister Bessie Craigy his Spouse Elizabeth Swmm her Neice Jennet Mckinley ther woeman Servant […] Mcculbarran Sister to the Said William Mccullbarran with a whole mob of woemen kept by them on purpose for Swch occasiones who rwshed on a Sudden out of the said house of Asserie Did togither with the saids tuo men Servants fall most fwriowsely upon the said Donald Hendersone and throw him Downe to the ground most crwelly tear and rive out the hair of his head And haveing most barbarouslie beatten him with rwngs and Staffs or Such lyke instruments they Did soe press upon the said Donald lying wpon his face and breast that they had certainly Stopt his breth and pressed him to death in a most crwell and barbarows maner had not the said John Sinclaire of Brymes complainer come and rescwed him out of ther bloodie hands which he Did by a lighting from his horse and by gently pulling them from above the Said Donald And without So much as wseing the Least offensive word or actione towards any of them And imediatly therefter he did civilly intreat the said John Sinclaire Assaries brother to goe along with him and Sie the injurie Done him by his Servants in casting Divotts upon his grownd and carying the Same away which the said John Sinclaire did most indiscreitly refwise to doe or to give him the least Satisfactione therfore And the said George Sinclaire of Assarie and John Sinclaire his brother not being contented with those and Such like dayly oppressiones and ryots Comitted against the Said complainer and his tenents and Servants they have also raised a most Scandalows and malitiows lybell against him and the said Donald Hendersone and Hector Monro his servant which lybell is altogither stuffed with Lies and callumnies most falselie alleadgeing that the saids Donald Hendersone and Hector Monro did upon the Sabath Day next and imediatly following the executeing of Letters of Lawborrows against them goe to the said John Sinclaire his duelling house and attempted to murder him when he was readeing the Scriptures to his familie And that they had certainly murdered him with the messenger and wittnesses had they not bein rescwed out of ther hands which ridiculous and fabwlous Storie may easielie appear to the Lords of our privie Counsell false and feigned by considering how improbable it is that two Single men armed only with a sword or Dwrk Should attempt a Strong tenable house in which ther was So many men and woemen as the lybell acknowledges viz the said John Sinclaire himself and his two Servants with the messenger and the two wittnesses besyde the said John Sinclairs wyfe with her moab of woemen which She kept allwayes with her Like a company of amazons to hownd them out upon all occasiones against the said complainer and his tennents And albeit ther had bein any trweth in this Storie as ther is not yet the said John Sinclaire of Brymes complainer is nowayes concerned therin the said Donald Hendersone being a principall pairtie in the Lawborrowes and nether of them being of Brymes hunding out resett or ratihabitatione And as to that pairt of the said lybell alleadgeing that about a few weeks therefter James Sinclaire brother to John Sinclaire of Brymes complainer and James Innes Servitor to him Did Stryke and beat the said messenger As therefter the said Donald Hendersone did Strike and beat the two wittnesses (as is alleadged) to the great effwsione of the blood As the saids relationes are in themselvs false and callummows so the saids John Sinclaire does conceave the Same to inferr nothing against him in respect the Said alleadged beatting of the messenger was nothing but one Drunken Scwffle which fell out at Thurso betuixt the saids pairties all of them haveing bein Drunk at the tyme and which fell out thrie or four moneths efter the executeing of the Lawborrows and upon examinatione will be found but one Downe right Drunken twillzea to which the said John Sinclaire had no accessione aither befor or efter nether had he any accessione to or knouledge of the foirsaid twillzie betuixt Donald Hendersone and the wittnesses nor is he anywayes concerned therin the said Donald Hendersone himself being ane principall pairtie in the Lawborrows And as to the Last pairt of the said lybell anent the beatting of the said John Sinclairs Servants when they were Leading ther maisters peitts and the Daylie Distroying the said complainers grass and corne it will easielie appear to the saids Lords of our privie Counsell that the said John Sinclaire hath Douneright inverted the trweth of his Storie And framed the Same to his own malitiows designes inso farr as the Saids peitts alleadged belonging to Assarie or his brother will be found to have bein Divotts cast upon the grownd of Brymes Lands in Forsie and most theiftteowsely caryed away by Assaries Servants in maner aboveuritten And that the Said Donald Hendersone and not Assaries servants receaved the Stroaks and wrongs lybelled Lykeas the said John Sinclaire does daylie Hownd out his tennents Servants coatters with ther cattell and his own to eate cutt and Distroy the grass and cornes of the said towne of Forsie and other townes and Lawes belonging to him And Doe by all meanes possible disturb Disqwiet and molest the said John Sinclaire of Brymes in his proppertie and possessione of the Saids Lands By Comitting of all which it is evident to the saids Lords of our privie Counsell that the persones above complained upon are gwiltie as principall actors of the contraventione of Lawbarrowes and other crymes above mentioned or that they are airt and pairt therin atleast that the foirnamed persones are gwiltie of raiseing a most defamatorie and malitiows lybell against the said John Sinclaire the injureing of his reputatione and to the putting him to great and wnnecessary expensses besydes the Loss of his tyme and neglect of his affairs at home And therfor they ought and Should be decerned to make payment to the said John Sinclaire of Brymes complainer of the Soume of […] As liqwidat expensses and Damnadges Sustained be him through the said malitiows perswte and be pwnished by the saids Lords by and attour in ther persons and goods to the example and terror of others to comitt the like in tyme comeing And anent the charge given to the saids defenders to have compeared personally befor the saids Lords of our privie Counsell at ane certaine Day now bypast to have ansuered to the grounds of the above written complaint and to have heard and Sein Such order and course taken theranent as the saids Lords Should think fitt under the paine of rebellione As in the principall Letters of complaint raised in the said mater and executiones therof at more lenth is contained Both which lybells principall and reconvention being upon the fourtein day of Janwary Last bypast called in presence of the saids Lords of privie Counsell And the persewers of the principall lybell compeareing personallie And John Sinclaire of Brymes compeareing also personally And the rest of the defenders in the principall lybell being oft tymes called and not compeareing And Sir James Ogilvie and Mr Robert Monro Compeareing as advocats for them And the haill defenders in the reconventione compeareing also4 personallie except Angws Mcillbarran The advocats for the absent Defenders in the principall cause produced discharges be the persewer of the principall cause to some of these defenders not compeareing And for the rest of them alleadged no certificatione can be granted against them because they were never cited but gott informall coppies which they produced not Summonding any persone by name or to any Day The principall lybell and ansuers therto being read and the lybell of reconventione being also read and both pairties and ther Lawiers foirsaids being fully heard The Saids Lords refwses to grant certificatione against any of the Defenders in the principall lybell in respect John Sinclaire of Brymes is compeareing and the rest of these defenders are either discharged by the persewer or are not formallie cited and refwses to allow any probatione to be addwced against any of the foirsaids defenders except John Sinclaire of Brymes allenarly And admitts the said principall lybell to probatione in maner foirsaid And the said Lybell of reconventione to the perseuer therof his probatione And the wittnesses cited upon both lybells haveing appeared and made faith The Counsell appointed a Committie for examineing the Saids wittnesses and appointed them to be examined upon the principall lybell inso farr as they can testifie against The Laird of Brymes only And the said Comittie haveing accordingly diverse and Sundrie famows wittnesses who being all Solemnly Sworne and examined Deponed and declaired As ther oathes and depositions extant in process bears And the saids Lords of his majesties privie Counsell haveing upon the twentie one of Janwary Last bypast Considered the Deposiitones of the wittnesses Led upon the principall lybell at the instance of Sinclaire of Asserie against Sinclaire of Brymes They fownd nothing proven against him And therfor assoillzed the haill points and articles of the above principall lybell and declaired him qwite therof and frie therfrae in all tyme comeing And the saids Lords of privie Counsell haveing upon the eightein of Februrary Last bypast Considered the Depositiones of the wittnesses adduced in the foirsaid reconventione they recomend to the Comittie formerly appointed in this mater to consider and informe themselvs anent the estates and conditiones of the saids defenders and what penaltie and expensses will be competent to be Decerned to be payed by them to the persewer and by what proportiones Conforme wherto The Comittie haveing mett and considered the points referred to them they gave in ther report to the Counsell And the saids Lords of his majesties privie Counsell haveing this day considered the depositiones of the wittnesses adduced upon the said lybell of reconventione with the Comitties report anent the points referred to them They find the contraventione of Lawborrows Sufficiently proven against the said George Sinclaire of Assarie as lyable for Isobell Sinclaire his wife And against John Sinclaire his brother for himself and as lyable for Bessie Cragie his wife and Servants and against two of Assaries Servants and in respect Assarie is bwt a liferenter and a mean man Therfore They have modified and heirby modifie the Soume of Thrie Hundereth merks Scotts of penaltie and expensses to be payed be the said George Sinclaire of Assarie to the said John Sinclaire of Brymes And have modified and heirby modifies the Soume of Ane hundereth merks for the penaltie and expensses of the said John Sinclair who is in mean conditione and not a Landed man And Decerns and ordaines the haill four hundereth merks Scotts to be payed to the said John Sinclaire of Brymes in Satisfactione of the penalties for breach of Lauborrows and expensses of the process of reconvention at his instance against the said George Sinclaire of Assarie his brother and others foirsaids And Decerns and ordaines the said John Sinclaire of Brymes to make payment of the expensses of the wittnesses adduced by him in his proess of reconventione out of the first end of the Four Hundereth merks and ordains Letters of horning under the Signet of privie Counsell on fiftein dayes and other needfull to pass heiron in forme as effeirs

Att Edinburgh the twentie third of Jwny Jaj vic nyntie Six yeirs

D1696/6/171

Decreet

Decreit Sinclair of Brymes against Sinclair of Asserie

Anent the lybell or Letters of complaint raised and persewed befor the Lords of his majesties privie Counsell at the instance of George Sinclair of Asserie and John Sinclair his brother with concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater underwrittin Makeing Mention That albeit by severall acts of parliament and by the wniversall practise of this and all other well governed nationes the illegall invadeing of any persones right and possessione or disturbeing them of ther right and propertie by open violence bangastrie and armed force Are crymes of ane high nature and severely pwnishable Especiallie wher the same are Done and comitted upon the Saboth Day And efter other Letters of Law borrowes were Duely raised and execute against them at the instance of those against whom those violences ryots and Deeds of oppressione were committed Nevertheles It is of Veritie that John Sinclair of Brymes Donald Hendersone and Hector Monro his servants William Campbell alias Begg Alexander and Murdoch Campbells his sones James Sinclair naturall brother to the said John Sinclair of Brimes have presumed to comitt and are gwiltie of the foirsaids crymes in soe far as the saids Couples having receaved severall wrongs and injuries from the said John Sinclair of Brymes and his saids servants And haveing for ther securitie and for preventing such oppressiones and injuries for the future raised Letters of Lauburrows against them and cawsed Donald Durhame messenger Duely execute the Same against them upon the fourtein Day of May Jaj vic and nyntie two yeirs befor Donald Gwn and John Thomsone as wittnesses The Said Hector Monro and Donald Calldell Did upon the Saboth Day imediatly following Come in a most barbarows and crwell maner All armed with Swords gwns and Durks to the duelling house of the said John Sinclair complainer in Forsay wher he was readeing the Scripture to his familie And the said Messenger and wittnesses being ther occasionallie present in that house The Said Donald Hendersone and Hector Monro did draw out ther Durks and threatned with many a bloodie oath to kill and murder the said John Sinclaire complainer the messenger and wittnesses for haveing execute the Lauburrowes against them and the said John Sinclaire of Brymes ther maister and would wndoubtedly have executed ther designed murder against them In caice by providence Some other good people had not come and rescwered them out of ther bloodie hands Likeas the said Donald Durhame messenger being Some weeks therefter in the towne of Thurso James Innes then servitor to the said John Sinclaire of Brymes did in Brymes own presence fall wpon the messenger and gave him many Stroke to the great effwsione of his blood And the said James Innes and James Sinclaire naturall brother to Brymes did persue and follow the said Donald Durhame a considerable way owt of Designe to have killed him dead and imediatly returned back to Brymes who receaved them kindly and approved of the villany Done by them to the messinger as afoirsaid And which villany was undoubtedly perpetrat by the comand and outhunding of the said John Sinclaire of Brymes he haveing formerly threatned and boasted that the said messenger and wittness Should gett sore bones and not know by whom for offering to execute Laborrowes against him and being wittnesses therto And within Some dayes therefter the said Donald Hendersone did fall upon John Thomsone one of the wittnesses and beatt him to the ground with the great roller of ane firlot untill he was nether able to stand nor goe But was taken efter he had wallowed neer ane houre in his own blood and caryed him to his own house wher he Langwished of his Saids wounds and brwises for many moneths ther efter And the said Donald Hendersone haveing Some dayes therefter mett with Donald Gwn the other wittnes to the executione of Laborrows upon the said Street of Thurso He did beatt him So violently with ane hwge bigg trie that he was caried home wher he langwished of his saids wounds and brwises untill his death Lykeas upon the first day of August Last by past the said John Sinclaire Complainer haveing sent William Douglas and Agnws Mcdonald his own two servants with his horses to bring home his own peatts to his own house of Asserie wher he now Duells The Saids John Sinclair of Brymes and Donald Hendersone his servant did crwelly fall upon them and beatt them to the ground giveing them many a bloodie and blae strocks with great battones to the great effusione of ther blood and hazard of ther Lives And the Said John Sinclaire haveing upon the heareing of the hideows cryes of his servants come furth The saids John Sinclaire and Donald Hendersone did most crwelly fall upon him and gave him many Stroaks with ther saids battones and plwked out the most pairt of the haire of his head And Bessie Craig Spouse to the said John Sinclaire haveing come out to releeve her husband the saids John Sinclaire and Donald Hendersone did most crwelly and barbarousely fall upon her and beatt her not only to the great effusione of her blood But even to that extremitie that she hath never Since bein able to goe abroad but hath ever Since Langwished and yet continwes Langwishing by the crwell Stroaks wounds and brwises given by them to her in maner forsaid As also the saids William Campbell alias Bigg Alexander and Murdoch Campbells and James Sinclaire hes notwithstanding the said Labarrowes yeirly and Daylie Since openly both pastured eats and Distroyes the said complainers grass and cornes casts peatts turves and diviots on his ground to his great enorme Lasione and hurt without any order of Law or Justice By Doeing of all which the persones above comaplained upon are gwiltie of the breatch and contravention of Lawborrowes and other crymes above written as actors atleast as airt and pairt of the Same and for which they ought and Should be Severly pwnished in their persones and goods to the example and terror of others to Doe the Like in tyme comeing And anent the charge given to the saids defenders to have compeared personallie befor the saids Lords of our privie Counsell at ane certain day now bypast to have ansuered to the grounds of the above written complaint and to have heards and sein such order and course taken theranent as the saids Lords Should think fitt under the paine of rebellion etc As in the principall Lybell or Letters of complaint raised in the said mater and executiones therof at more lenth is contained And Sicklyke anent the Letters of reconvention intented and persued befor the saids Lords of privie Counsell at the instance of the said John Sinclaire of Brymes with concurse of the said Sir James Stewart his majesties advocat for his hignes interest in the mater wnder written Makeing Mentione That albeit by the 2 severall acts of parliament and by the wniversall Law and practicqe of this realme als well as of all other well governed nationes the illegall disturbing and molesting men in ther rights propperties and possessions not only by all maner of Clandestine deeds But Likewayes by Doune right open violence outrageows and armed force be crymes of ane Heinows nature and Severly pwnishable especially wher the Same are comitted efter other Letters of Lawborrowes Duely execut against them at the instance of those against whom the Deeds and violences are comitted And albeit by the constant Law and practicq of this and all other well governed nations the vexing or disqwieting of the Leidges by raiseing groundles or defamatory lybells against them Especiallie when the Same is Done out of a meer malitious and revengefull humor and with no other designe then to defame ther reputatione and good name and to putt them to vast charges and expensses als well as to divert them from following ther Laufull affairs Be crymes severely pwnishable Nevertheles it is of veritie that George Sinclaire of Asserie Isobell Sinclaire his Spouse John Sinclaire his brother Bessie Craigy his Spouse William Miller and Angus Mcculveran ther Sevants Jennet Mckindley and […] Mccullbarran ther maid servant Have comitted and are gwiltie of the cryms abovementioned In so far as the said John Sinclaire of Brymes complainer haveing acquyred from the Earle of Breadalbine among Severall wther Lands in Caithnes a right of reversion of the Lands of Forsie etc wherof the said George Sinclaire was wodsetter And ther haveing bein ane order of redemption wsed against the said George Sinclaire at The Earle of Breadalbines instance wherby he finding that he must therupon needs take his money and qwite his said wodsett right he did enter into ane voluntar agriement with the said John Sinclar complainer who had right to the reversione as said is And for payment of the Soume of Four Hundereth merks of a gratwitie besydes the Soumes contained in the wodsett he did voluntarly and Judiciallie in presence of the Shirreff Deput of Caithnes cede the possessione in favors of the said John Sinclaire complainer who was imediatly by ane decreit of court legallie and peaceably possest of the saids Lands Notwithstanding of all which the said George Sinclaire hes ever Since conceaved and intertained ane deedly feed and malice at the said complainer for bwying of the said right of reversione of his Lands as he pretends And hath ever Since Still Studied by all possible means to revenge himself upon the said complainer and to disturb him in his propertie and possessione of the saids Lands wherby the said John Sinclaire complainer was necessitat to raise other Letters of Lawburrows against the said George Sinclaire and John Sinclair his brother who Stayes and resides of purpose neer the Saids Lands that he may have the better opportwnitie of disqwieting the said complainer in his possessione therof and caused Gilbert Omand messenger duely execute the saids Letters against them upon the fourtein day of Jullie Jaj vic nyntie two yeirs But as nothing can restraine the said George and John Sinclaires ther malice so true it is that upon the twentie fourth or twentie fifth dayes of Janwary Jaj vic nyntie two yeirs or ane or other of the Dayes or moneths of the sad yeir the said John Sinclaire of Brymes complainer haveing sent Donald Hendersone tenent in Leweratrie and Hector Monro tennent in Brymes to the mylne of the Saids Lands of Forse wherof the Said wherof the Said3 John Sinclaire was also in the peaceable possessione as said is to bring home Some meall which he had lyeing in the said mylne the said George Sinclaire Did hound out Isobell Sinclaire his Spouse with a great moab of woemen armed with tries forks flanks staffs or other Such like instruments and Did most outragiowsely fall upon the said Hector Monro and Donald Hendersone and did beatt and abwse them and Stryke them Downe to the grownd and rive owt and tear the hair of the ther heads in a most barbarows and crwell maner Likeas upon the twentie fifth twentie Sicth or twentie Seventh Dayes of Jully Last by past or upon and or other of the dayes of the Said moneth the Said John Sinclaire of Brymes haveing gone accompanyed only with and Single footmen to ane towne of his own called Lurrary to visite a waist house which he had ther and haveing taken alongs with him from thence the Said Donald Hendersone they went to gither accompanyed onlie as said is to the foirsaid towne of Forsie to Sie Some Hay which was wmung ther But as they came by the said John Sinclaire his duelling house at Asserie they were mett with by William Miller and Angus Mcullburran two of the saids John and George Sinclaire ther Servants with five or Six horses under Diviots and being enquyred from whence they had brought these Divotts they Did most boldly ansuer that the Diviots belonged to One Donald Moor in Forse who was one of Brymes tennents And the Said Donald Hendersone haveing requyred them to bring back the saids Diviots to the place whence they had caryed them The Saids two Servants did not only refwse so to Doe But Likewayes the said John Sinclaire ther maister Bessie Craigy his Spouse Elizabeth Swmm her Neice Jennet Mckinley ther woeman Servant […] Mcculbarran Sister to the Said William Mccullbarran with a whole mob of woemen kept by them on purpose for Swch occasiones who rwshed on a Sudden out of the said house of Asserie Did togither with the saids tuo men Servants fall most fwriowsely upon the said Donald Hendersone and throw him Downe to the ground most crwelly tear and rive out the hair of his head And haveing most barbarouslie beatten him with rwngs and Staffs or Such lyke instruments they Did soe press upon the said Donald lying wpon his face and breast that they had certainly Stopt his breth and pressed him to death in a most crwell and barbarows maner had not the said John Sinclaire of Brymes complainer come and rescwed him out of ther bloodie hands which he Did by a lighting from his horse and by gently pulling them from above the Said Donald And without So much as wseing the Least offensive word or actione towards any of them And imediatly therefter he did civilly intreat the said John Sinclaire Assaries brother to goe along with him and Sie the injurie Done him by his Servants in casting Divotts upon his grownd and carying the Same away which the said John Sinclaire did most indiscreitly refwise to doe or to give him the least Satisfactione therfore And the said George Sinclaire of Assarie and John Sinclaire his brother not being contented with those and Such like dayly oppressiones and ryots Comitted against the Said complainer and his tenents and Servants they have also raised a most Scandalows and malitiows lybell against him and the said Donald Hendersone and Hector Monro his servant which lybell is altogither stuffed with Lies and callumnies most falselie alleadgeing that the saids Donald Hendersone and Hector Monro did upon the Sabath Day next and imediatly following the executeing of Letters of Lawborrows against them goe to the said John Sinclaire his duelling house and attempted to murder him when he was readeing the Scriptures to his familie And that they had certainly murdered him with the messenger and wittnesses had they not bein rescwed out of ther hands which ridiculous and fabwlous Storie may easielie appear to the Lords of our privie Counsell false and feigned by considering how improbable it is that two Single men armed only with a sword or Dwrk Should attempt a Strong tenable house in which ther was So many men and woemen as the lybell acknowledges viz the said John Sinclaire himself and his two Servants with the messenger and the two wittnesses besyde the said John Sinclairs wyfe with her moab of woemen which She kept allwayes with her Like a company of amazons to hownd them out upon all occasiones against the said complainer and his tennents And albeit ther had bein any trweth in this Storie as ther is not yet the said John Sinclaire of Brymes complainer is nowayes concerned therin the said Donald Hendersone being a principall pairtie in the Lawborrowes and nether of them being of Brymes hunding out resett or ratihabitatione And as to that pairt of the said lybell alleadgeing that about a few weeks therefter James Sinclaire brother to John Sinclaire of Brymes complainer and James Innes Servitor to him Did Stryke and beat the said messenger As therefter the said Donald Hendersone did Strike and beat the two wittnesses (as is alleadged) to the great effwsione of the blood As the saids relationes are in themselvs false and callummows so the saids John Sinclaire does conceave the Same to inferr nothing against him in respect the Said alleadged beatting of the messenger was nothing but one Drunken Scwffle which fell out at Thurso betuixt the saids pairties all of them haveing bein Drunk at the tyme and which fell out thrie or four moneths efter the executeing of the Lawborrows and upon examinatione will be found but one Downe right Drunken twillzea to which the said John Sinclaire had no accessione aither befor or efter nether had he any accessione to or knouledge of the foirsaid twillzie betuixt Donald Hendersone and the wittnesses nor is he anywayes concerned therin the said Donald Hendersone himself being ane principall pairtie in the Lawborrows And as to the Last pairt of the said lybell anent the beatting of the said John Sinclairs Servants when they were Leading ther maisters peitts and the Daylie Distroying the said complainers grass and corne it will easielie appear to the saids Lords of our privie Counsell that the said John Sinclaire hath Douneright inverted the trweth of his Storie And framed the Same to his own malitiows designes inso farr as the Saids peitts alleadged belonging to Assarie or his brother will be found to have bein Divotts cast upon the grownd of Brymes Lands in Forsie and most theiftteowsely caryed away by Assaries Servants in maner aboveuritten And that the Said Donald Hendersone and not Assaries servants receaved the Stroaks and wrongs lybelled Lykeas the said John Sinclaire does daylie Hownd out his tennents Servants coatters with ther cattell and his own to eate cutt and Distroy the grass and cornes of the said towne of Forsie and other townes and Lawes belonging to him And Doe by all meanes possible disturb Disqwiet and molest the said John Sinclaire of Brymes in his proppertie and possessione of the Saids Lands By Comitting of all which it is evident to the saids Lords of our privie Counsell that the persones above complained upon are gwiltie as principall actors of the contraventione of Lawbarrowes and other crymes above mentioned or that they are airt and pairt therin atleast that the foirnamed persones are gwiltie of raiseing a most defamatorie and malitiows lybell against the said John Sinclaire the injureing of his reputatione and to the putting him to great and wnnecessary expensses besydes the Loss of his tyme and neglect of his affairs at home And therfor they ought and Should be decerned to make payment to the said John Sinclaire of Brymes complainer of the Soume of […] As liqwidat expensses and Damnadges Sustained be him through the said malitiows perswte and be pwnished by the saids Lords by and attour in ther persons and goods to the example and terror of others to comitt the like in tyme comeing And anent the charge given to the saids defenders to have compeared personally befor the saids Lords of our privie Counsell at ane certaine Day now bypast to have ansuered to the grounds of the above written complaint and to have heard and Sein Such order and course taken theranent as the saids Lords Should think fitt under the paine of rebellione As in the principall Letters of complaint raised in the said mater and executiones therof at more lenth is contained Both which lybells principall and reconvention being upon the fourtein day of Janwary Last bypast called in presence of the saids Lords of privie Counsell And the persewers of the principall lybell compeareing personallie And John Sinclaire of Brymes compeareing also personally And the rest of the defenders in the principall lybell being oft tymes called and not compeareing And Sir James Ogilvie and Mr Robert Monro Compeareing as advocats for them And the haill defenders in the reconventione compeareing also4 personallie except Angws Mcillbarran The advocats for the absent Defenders in the principall cause produced discharges be the persewer of the principall cause to some of these defenders not compeareing And for the rest of them alleadged no certificatione can be granted against them because they were never cited but gott informall coppies which they produced not Summonding any persone by name or to any Day The principall lybell and ansuers therto being read and the lybell of reconventione being also read and both pairties and ther Lawiers foirsaids being fully heard The Saids Lords refwses to grant certificatione against any of the Defenders in the principall lybell in respect John Sinclaire of Brymes is compeareing and the rest of these defenders are either discharged by the persewer or are not formallie cited and refwses to allow any probatione to be addwced against any of the foirsaids defenders except John Sinclaire of Brymes allenarly And admitts the said principall lybell to probatione in maner foirsaid And the said Lybell of reconventione to the perseuer therof his probatione And the wittnesses cited upon both lybells haveing appeared and made faith The Counsell appointed a Committie for examineing the Saids wittnesses and appointed them to be examined upon the principall lybell inso farr as they can testifie against The Laird of Brymes only And the said Comittie haveing accordingly diverse and Sundrie famows wittnesses who being all Solemnly Sworne and examined Deponed and declaired As ther oathes and depositions extant in process bears And the saids Lords of his majesties privie Counsell haveing upon the twentie one of Janwary Last bypast Considered the Deposiitones of the wittnesses Led upon the principall lybell at the instance of Sinclaire of Asserie against Sinclaire of Brymes They fownd nothing proven against him And therfor assoillzed the haill points and articles of the above principall lybell and declaired him qwite therof and frie therfrae in all tyme comeing And the saids Lords of privie Counsell haveing upon the eightein of Februrary Last bypast Considered the Depositiones of the wittnesses adduced in the foirsaid reconventione they recomend to the Comittie formerly appointed in this mater to consider and informe themselvs anent the estates and conditiones of the saids defenders and what penaltie and expensses will be competent to be Decerned to be payed by them to the persewer and by what proportiones Conforme wherto The Comittie haveing mett and considered the points referred to them they gave in ther report to the Counsell And the saids Lords of his majesties privie Counsell haveing this day considered the depositiones of the wittnesses adduced upon the said lybell of reconventione with the Comitties report anent the points referred to them They find the contraventione of Lawborrows Sufficiently proven against the said George Sinclaire of Assarie as lyable for Isobell Sinclaire his wife And against John Sinclaire his brother for himself and as lyable for Bessie Cragie his wife and Servants and against two of Assaries Servants and in respect Assarie is bwt a liferenter and a mean man Therfore They have modified and heirby modifie the Soume of Thrie Hundereth merks Scotts of penaltie and expensses to be payed be the said George Sinclaire of Assarie to the said John Sinclaire of Brymes And have modified and heirby modifies the Soume of Ane hundereth merks for the penaltie and expensses of the said John Sinclair who is in mean conditione and not a Landed man And Decerns and ordaines the haill four hundereth merks Scotts to be payed to the said John Sinclaire of Brymes in Satisfactione of the penalties for breach of Lauborrows and expensses of the process of reconvention at his instance against the said George Sinclaire of Assarie his brother and others foirsaids And Decerns and ordaines the said John Sinclaire of Brymes to make payment of the expensses of the wittnesses adduced by him in his proess of reconventione out of the first end of the Four Hundereth merks and ordains Letters of horning under the Signet of privie Counsell on fiftein dayes and other needfull to pass heiron in forme as effeirs

1. NRS, PC2/26, 196v-204v.

2. The word ‘said’ scored out here.

3. Sic.

4. Insertion.

1. NRS, PC2/26, 196v-204v.

2. The word ‘said’ scored out here.

3. Sic.

4. Insertion.

Sederunt, 23 June 1696, Edinburgh

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Att Edinburgh the twentie third of Jwny Jaj vic nyntie Six yeirs1

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Sederunt

Lord Chancellor; Earl of Melvill; Duke of Qweensberry; Earl of Argwyle; Earl of Southerland; Earl of Mortoune; Earl of Lawderdale; Earl of Lothian; Earl of Annandale; Earl of Forfar; Lord Yester; Lord John Hamiltoune; Lord Belhaven; Lord Ruthven; Lord Justice Clerk; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Laird of Pollock; Laird of Blackbarrony; Laird of Leyes; Laird of Stevensone; Laird of Cessnock; Proveist of Edinburgh

Att Edinburgh the twentie third of Jwny Jaj vic nyntie Six yeirs1

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Sederunt

Lord Chancellor; Earl of Melvill; Duke of Qweensberry; Earl of Argwyle; Earl of Southerland; Earl of Mortoune; Earl of Lawderdale; Earl of Lothian; Earl of Annandale; Earl of Forfar; Lord Yester; Lord John Hamiltoune; Lord Belhaven; Lord Ruthven; Lord Justice Clerk; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Laird of Pollock; Laird of Blackbarrony; Laird of Leyes; Laird of Stevensone; Laird of Cessnock; Proveist of Edinburgh

1. NRS, PC2/27, 196r.

2. NRS, PC2/26, 196r.

1. NRS, PC2/27, 196r.

2. NRS, PC2/26, 196r.

Act, 18 June 1696, Edinburgh

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Att Edinburgh the Eighteen Day of Jwny Jaj vic nyntie six yeirs

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Act

Act Scott Lady Rowiestoune

Anent the petitione given in to the Lords of his majesties privie Counsell Be Margaret Scott Spouse to Francis Pringle of Rowiestowne Shewing That wher the petitioner was maried to the said Francis Pringle of Rowiestowne and brought with her the right and benefite of two Jointures She had by her former husbands viz of a Jointure of Eleven Hundered punds Scotts of annwitie that She had by James Corbatt of Towcross And of another Jointure of Six Hundereth merks Scotts of annwitie by William Eliot of Dwnlybyres which second Jointure the petitioner consented to the sale of at the desyre and for the ease and benefite of the said Rowiestoune her present husband Yet nevertheles it hath so happened that the said Rowiestoune hath now for the Space of nyn moneths that he went to London absented and in a maner Deserted the petitioner without any appointment or provisione for her necessarie Subsistance And Seing it is most reasoneable that the petitioner being his wife and haveing brought with her so great a benefite to him without any contract of mariadge with him Should at Least be Subsisted and alimented out of her own And for that effect to be declaired to have right and power to uplift and enjoy her foirsaid first Jointure And that by reasone of her husbands being owt of the Countrie She cannot Sumond him on Shorter time then sixtie dayes And therfore humbly craveing to the effect eftermentioned As the said petition bears Which being this day read and considered be the saids Lords of privie Counsell They heirby modifie the Soume of Five Hundereth and fiftie punds Scotts of yeirly aliment to the petitioner being the equall half of the Jointure provided to her be The Laird of Towcross her first husband and Decernes and ordaines the tenents and possessors of the Lands of Towcross and wthers lyable in payment of the said Jointure to make payment and Satisfactione of the said aliment of five Hundereth and fiftie punds yeirly at two termes in the yeir be equall portiones to the petitioner and that notwithstanding of the pretentions and dilligence of any of her present husbands creditors who may have affected or offer to affect the Same Begining the first termes payment of the said aliment at the Day and Date heirof for the terme of whittsonday Last bypast and yeirly and termly therefter at Mertimes and whittsonday be equall portiones The termes of payment being first come and bypast And ordaines Letters of Horning on fiftein dayes under the Signet of Counsell to be direct heiron against the intrometters tenents and possessors of the said Jointure and others needfull in forme as effeirs

Att Edinburgh the Eighteen Day of Jwny Jaj vic nyntie six yeirs

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Act

Act Scott Lady Rowiestoune

Anent the petitione given in to the Lords of his majesties privie Counsell Be Margaret Scott Spouse to Francis Pringle of Rowiestowne Shewing That wher the petitioner was maried to the said Francis Pringle of Rowiestowne and brought with her the right and benefite of two Jointures She had by her former husbands viz of a Jointure of Eleven Hundered punds Scotts of annwitie that She had by James Corbatt of Towcross And of another Jointure of Six Hundereth merks Scotts of annwitie by William Eliot of Dwnlybyres which second Jointure the petitioner consented to the sale of at the desyre and for the ease and benefite of the said Rowiestoune her present husband Yet nevertheles it hath so happened that the said Rowiestoune hath now for the Space of nyn moneths that he went to London absented and in a maner Deserted the petitioner without any appointment or provisione for her necessarie Subsistance And Seing it is most reasoneable that the petitioner being his wife and haveing brought with her so great a benefite to him without any contract of mariadge with him Should at Least be Subsisted and alimented out of her own And for that effect to be declaired to have right and power to uplift and enjoy her foirsaid first Jointure And that by reasone of her husbands being owt of the Countrie She cannot Sumond him on Shorter time then sixtie dayes And therfore humbly craveing to the effect eftermentioned As the said petition bears Which being this day read and considered be the saids Lords of privie Counsell They heirby modifie the Soume of Five Hundereth and fiftie punds Scotts of yeirly aliment to the petitioner being the equall half of the Jointure provided to her be The Laird of Towcross her first husband and Decernes and ordaines the tenents and possessors of the Lands of Towcross and wthers lyable in payment of the said Jointure to make payment and Satisfactione of the said aliment of five Hundereth and fiftie punds yeirly at two termes in the yeir be equall portiones to the petitioner and that notwithstanding of the pretentions and dilligence of any of her present husbands creditors who may have affected or offer to affect the Same Begining the first termes payment of the said aliment at the Day and Date heirof for the terme of whittsonday Last bypast and yeirly and termly therefter at Mertimes and whittsonday be equall portiones The termes of payment being first come and bypast And ordaines Letters of Horning on fiftein dayes under the Signet of Counsell to be direct heiron against the intrometters tenents and possessors of the said Jointure and others needfull in forme as effeirs

1. NRS, PC2/26, 195r-196v.

1. NRS, PC2/26, 195r-196v.

Order, 18 June 1696, Edinburgh

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Att Edinburgh the Eighteen Day of Jwny Jaj vic nyntie six yeirs

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Order

Recomendatione Thomas Fullertowne

Anent the petitione given to the Lords of his majesties privie Counsell be Thomas Fullertowne late captaine of the William and Mary Frigot attending the Garrisone of Fartiem Shewing that wher as the petitioner haveing comanded and sailed the said frigot ever since the erecting of the said garrisone till the begining of Jwny Last at which tyme he was commanded by Collonell John Hill to Saill with the said frigot to Clyde for unloadening coall for the garrisones wse and transporting cloaths for rewse of the regiment And the petitioner (implying of the said voyadge) being Driven upon the coast of Ireland wher he was attacqued by a French privateer of eight gwns two potteraraes and seventie men under the comand of Monsiews Libbertowne. And efter all resistance he was able to make aither by fighting or flying wes with the said frigot made prize of by the privateer And efter he was brought aboard the said privateer and haveing commwned with the said Captaine to ransome the said frigot at fiftie punds Sterleing which he was obleidged to pay within twentie four houres therefter wherupon the petitioner sent one of his own crew ashoar to Bellfast with ane bill to raise the money for her ransome which imediatly efter the said Captaine haveing perceaved two small merchand Shipps at anchor in the Bay Called Loch Lairne made use of the said William and Mary frigot manned by twentie two of his own crew to attacq and bring them off which being seen by the petitioners man on Shoar he imediatly allarmed the Countrie who by boatts and armed men retook the said frigott and preserved the other tuo and made the twentie two French men prisoners Imediatly efter the recovery of the said frigot monsieur Libbertoune comander of the sad privateer wherin the petitioner was prisoner sailed Straight in perswte of Some other vessells which he saw upon the same coast by whom the petitioner was treated with all imaginable hardshipe because of his disapointment both of Ship and Ransome and at his arriveall at St Mallos he was ther made prisoner for near seven moneths togither untill he was repledged by the Liberatione of those of the said privateers crew who was aboard the said frigot when retaken the petitioner haveing suffered all the hardshipe miserie and extremite imaginable Dureing the tyme of his imprisonement and haveing spent any substance2 he had while prisoner ther And he lying out of his wadges Dureing the said tyme of his imprisonement hath soe depaupered the petitioner that he is rendered almost incapable of gaineing bread for himself unles the saids Lords be pleased to comiserat his hard circumstances and allow his bygone wadges Dureing the tyme of his imprisonement and mentainance Dureing the said tyme and his expensses in travelling homewards Conforme to the accompt therof therwith produced So that his creditors who have alreadie advanced the same may be repayed and the petitioner againe putt in ane conditione of gaineing his Libertiehood As the said petitione bears Which petitione being this day read and considered be the saids Lords of privie Counsell They heirby recommend to The Lords Comissioners of his Majesties Thesaurie To consider the said petitione and accompt produced therwith And to grant the Desyre of the petitione if they shall find Just

Att Edinburgh the Eighteen Day of Jwny Jaj vic nyntie six yeirs

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Order

Recomendatione Thomas Fullertowne

Anent the petitione given to the Lords of his majesties privie Counsell be Thomas Fullertowne late captaine of the William and Mary Frigot attending the Garrisone of Fartiem Shewing that wher as the petitioner haveing comanded and sailed the said frigot ever since the erecting of the said garrisone till the begining of Jwny Last at which tyme he was commanded by Collonell John Hill to Saill with the said frigot to Clyde for unloadening coall for the garrisones wse and transporting cloaths for rewse of the regiment And the petitioner (implying of the said voyadge) being Driven upon the coast of Ireland wher he was attacqued by a French privateer of eight gwns two potteraraes and seventie men under the comand of Monsiews Libbertowne. And efter all resistance he was able to make aither by fighting or flying wes with the said frigot made prize of by the privateer And efter he was brought aboard the said privateer and haveing commwned with the said Captaine to ransome the said frigot at fiftie punds Sterleing which he was obleidged to pay within twentie four houres therefter wherupon the petitioner sent one of his own crew ashoar to Bellfast with ane bill to raise the money for her ransome which imediatly efter the said Captaine haveing perceaved two small merchand Shipps at anchor in the Bay Called Loch Lairne made use of the said William and Mary frigot manned by twentie two of his own crew to attacq and bring them off which being seen by the petitioners man on Shoar he imediatly allarmed the Countrie who by boatts and armed men retook the said frigott and preserved the other tuo and made the twentie two French men prisoners Imediatly efter the recovery of the said frigot monsieur Libbertoune comander of the sad privateer wherin the petitioner was prisoner sailed Straight in perswte of Some other vessells which he saw upon the same coast by whom the petitioner was treated with all imaginable hardshipe because of his disapointment both of Ship and Ransome and at his arriveall at St Mallos he was ther made prisoner for near seven moneths togither untill he was repledged by the Liberatione of those of the said privateers crew who was aboard the said frigot when retaken the petitioner haveing suffered all the hardshipe miserie and extremite imaginable Dureing the tyme of his imprisonement and haveing spent any substance2 he had while prisoner ther And he lying out of his wadges Dureing the said tyme of his imprisonement hath soe depaupered the petitioner that he is rendered almost incapable of gaineing bread for himself unles the saids Lords be pleased to comiserat his hard circumstances and allow his bygone wadges Dureing the tyme of his imprisonement and mentainance Dureing the said tyme and his expensses in travelling homewards Conforme to the accompt therof therwith produced So that his creditors who have alreadie advanced the same may be repayed and the petitioner againe putt in ane conditione of gaineing his Libertiehood As the said petitione bears Which petitione being this day read and considered be the saids Lords of privie Counsell They heirby recommend to The Lords Comissioners of his Majesties Thesaurie To consider the said petitione and accompt produced therwith And to grant the Desyre of the petitione if they shall find Just

1. NRS, PC2/26, 194r-195r.

2. The letter ‘s’ scored out in the middle of this word.

1. NRS, PC2/26, 194r-195r.

2. The letter ‘s’ scored out in the middle of this word.