D1701/6/7
D1701/6/72
Sederunt
Lord Chancelor; Earl of Mar; Earl of Lauderdale; Earl of Leven; Viscount Tiviot; Lord Montgomrie; Lord Boyll; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crocerig; Lord Rankeilor; Lord Phesdo; Mr Frances Montgomrie; Laird of Stevenson; Lord provost of Edinburgh
1. NRS, PC2/28, 87r.
2. NRS, PC2/28, 87r.
1. NRS, PC2/28, 87r.
2. NRS, PC2/28, 87r.
D1701/6/6
D1701/6/61
Decreet
Anent the Lybell of summonds raised and persewed before the Lords of His majesties privie Councill att the instance of Sir Coline Campbell of Aberuchill Knight and Barronet one of the Senators of the Colledge of Justice and John Buchanan of Torrie his Tacksman with Concurse of Sir James Stewart His Majesties Advocat for his Highnes intrest in the matter underwrytten Makeing Mention That where by the Laues of this and all other weell governed Realmes all men aught to keep the publict peace and nowayes to attack and Invade ay man in his person goods or possessions without due order of Law And that to doe in the contrary Especially when the samen is done without any pretence or shaddow of Right and with ane unlaufull Convocation in armes and manifast force and violence Is a Crime and aught to be severely punished Nevertheless It is of verity that the said Sir Coline Campbell of Aberuchill being infeft under the great seall In the milne of Milnelands and Mucturies of Aberlednoch and by vertue therof by himself and his tennents and Tacksmen in the peaceable and uninterrupted possession by all acts and deeds of propertie for more then seven years bypast Mungo Campbell brother german to the deceast John Campbell of Clathick Did cause and procure one Archibald Campbell now in Coshievacan Who had not the least shaddow of right or title Dispone to him the said Milne and Milne lands And therupon take Infeftment on purpose to be a Collour to the violence that the intended and comeing upon ane or other of the dayes of March last accompanied with about ten or tuelve men his accomplices armed with Gunns pistolls suords and other armes invasive to the Ground of the saids Lands, he Caused Force a Court in his oune name And by the said Archibald Campbell his pretended author whom he hade made his Bailie and John Broun nottar to his pretended sasine Clerk and John Mcvoruh in Balmuik Court officer And haveing verbally summoned the said John Buchanan tacksman of the said Milne and Milnelands and his Cottars to Compear at his forsaid pretended Court After calling, the tacksman was Decerned in ane unlaw of ten pounds for absence and to pay the rent of the Milne and Milneelands for Cropt Jaj vijc and all preceidings to the said Mongo Campbell Wherupon the said tacksmans haill goods and gear were areaasted by the said pretended officer by affixing a Crosstick above his door and in his Corne Stacks and other places And Lykewayes he was Chairged to make payment of the soumes Decerned within termes of Law And farder a warneing was given to him to remove from the said milne and Milnelands and as to the Cottars who refused to compear when sent for by the siad pretended officer The said Mungo with James and Archibald Brouns Gairdners in Fordie went for them in rage and Furie and brought them to the said mock Court by force particularly one Duncan Mcinrot a Coupar who had hid himself under his Bedstraw and there were threatned and Forced to take tacks from the said Mungo and to subscryve the same by toutching the Nottars pen and for such of the Cottars as could not be found They were fyned each of them in fyve pund scots As Likeways the said Mungo and Archibald Campbells being Conscious of the illegallitie of their proceedings But resolved to maintain violence by violence They convocat about threttie men under the Commnad of one Duncan Campbell formerly Mcgreigor and ordinarly designed Captain of Lauers’s watch and William Campbell sone to Colin Campbell in Fordie armed with Gunns suords and other Invasive armes ready to oppose any that should appear to Challenge the forsaid Invasion and the said Mungo within a few dayes therafter sent one James Stewart smith in Aberlednock with a Lock and a key and orders as the said James affirmed to take off the Lock which the said John Buchannan Tacksman to the said Lord Aberuchill persewar had wpon the Milne and to put on the new Lock But was hindered at that time by the tacksman Wherupon the said Mungo cam the next day with the same smith and tuelve or threttein armed men and Lauers pyper upon their head and beat off the said Lock from the Milne door and offered to put on a new one till hindered by Patrick Comrie nephew to the said persewar Who pulled of the new Lock after dryveing of the first naile For which he was Furiously assaulted by the said James and Archibald Brounes and by John and Andrew Buchannans alias Graticks in Fordie and their by all the rest of their accomplices who Grasping him by the Midle armes, and souldiers Dragged him by Force to a Chainghouse where the said Mungo and others of his Complices were drinking wherupon the said Patrick Comrie expostulating with the said Mungo In presence of James Campbell of Lauers there for the time for the rude useage he had mett with The said James Broun ansuered in great wrath That if the Lord Aberuchill had bein there himself The would used him worse with a great many more outragious and opprobrious words, to this pupose and so they made the smith proceed to put on the new Lock for Compleating their said Masterfull and violent Invasion The lyke wherof so abusive to Law and right and so openly Forcible and oppressive can hardly be instanced off all which Crimes or ane or other of them The said Mungo and Archibald Campbells The saids James and Archibald Brouns, and John and Andrew Buchannans alias Graticks and James Stewart Smith and the said John Broun Nottar and John Mcvorich officer being Guiltie airt and pairt and the samen duely proven against them They and each of them aught to be decerned in the soume of […] for Damnages and expenses And Lykewayes Decerned to Desist from all molesting of the said Sir Coline Campbell of Aberuchill persewar and his Tacksmen and their Cottars in their forsaid possession In time comeing And to give good and sufficient securitie for that effect And farder they aught to be punished in their persons and goods by sentence of the saids Lords of privie Councill To the example and terror of others to committ the like in time Comeing And Anent the Charge given to the saids Defenders to have Compeared personally before the saids Lords of privie Councill at ane Certain day bygone To have Answered to the forsaid Complaint and to have heared and seen such order and course taken theranent as appertained under the pain of Rebellion and putting of them to the horne Which Certification as in the said principall Lybell being wpon the fyft day of June instant Called in presence of the saids Lords of his Majesties privie Councill And the said Sir Coline Campbell of Aberuchill and John Buchan of Torrie his Tacksman Compearing personally as persewars with the said Sir James Stewart his majesties Advocat And Sir David Dalrymple his Majesties solicitor Advocats for the saids persewars And the haill Defenders Compearing all personally with Mr David Forbes their Advocat The Lybell being Read and Considered The saids Lords Admitted the same to probation and the witnesses as marked in the Roll present haveing Compeared and made Faith The Appoynted a Committie of their oune number to examin the saids witnesses Compearing and making Faith Reserveing all objections which might be made against the said Committie Which Committie haveing therafter mett wpon the sixt day of June instant and haveing taken the Confessions of severall of the saids parties with the oaths and depositions of diverse and sundrie famour witneses The parties accknouledged and made the Confessions and the witneses being solemnly suorne Interrogat and examined wpon the poynts of the Lybell Deponed and Gave their oaths of veritie As in the respective Confessions of the parites and oaths and depositions of the witnesses takin in the said matter at mair length is contained Which Lybell with the Confessions of the pairties and oaths and depositions of the witnesses taken in the said proces being this day Advysed by the saids Lords of His Majesties privie Councill And their Lordships haveing this day at length heard seen and considered the same The Find the poynts and articles of the Lybell against the defenders sufficiently proven And have Fyned and heirby Fynes them respective in the soumes Following viz The said Mungo Campbell brother to Campbell of Clathick in the soume of Tuo hundreth merks and the said Archibald Campbell in Coshievaccan in the Like soume of tuo hundreth merk The said John Broun Nottar in the like soume of tuo hundreth merks And the said John Mcvorich in the soume of ane hundreth punds And ordains the haill defenders above named to be caried by a Macer from the Councill Bar to the tolbooth of Edinburgh and ordains the Magistrats of Edinburgh and keeper of their Tolbooth to receave and detain them prisoners therin ay and whil they make payment to the said persewar of their respective fynes forsaid and ordains the haill defenders above and after named to find sufficient Caution That they shall keep his Majesties peace in all time Comeing With the said Lord Aberuchill And the said John Buchanan his Tacksman And ordains them to lye in prison till they find Caution to keep the peace or be otherwayes liberat by due order of Law And the said saids2 Lords Fynes the said James Stewart smith John and Andrew Buchannans alias Grasicks and James and Archibald Brouns In the soume of ane hundreth punds per peice And Decernes and ordains them to make payment and satisfaction to the said Lord Aberuchill of their respective fynes of ane hundreth punds per peice forsaid And sicklyke Decerns and ordains The saids fyve Defenders last abovenamed to keep the peace with the said Lord Aberuchill and his said Tacksman And the saids Lords Doe heirby give order and warrand to the sherrifes of shyres stewarts of stewartries, provosts and Baillies of Burghs, Messengers at armes and all other Magistrats and Executers of the Law within this Realme To pass search seek take and apprehend The persons of the saids fyve defenders last above named wherever they are or may be apprehended And to put them in sure ward firmance and Captivitie And to keep and detain them ay and whill They shall make payment to the said Lord Aberuchill of the saids Fynes respective above specified And find Caution as is above decerned And fulfill the heall heads and Contents of this present sentence or untill they shall be otherways liberat by ordor and Course of Law
1. NRS, PC2/28, 84r-87r.
2. Sic.
1. NRS, PC2/28, 84r-87r.
2. Sic.
D1701/6/5
D1701/6/51
Procedure
In absence of the Lord High Chancelor and Lord president of privie Councill The Earle of Mar elected preses pro tempore
1. NRS, PC2/28, 84r.
1. NRS, PC2/28, 84r.
D1701/6/4
D1701/6/42
Sederunt
Earl of Mar; Earl of Leven; Lord Montgomrie; Lord Boyle; Lord Advocat; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crocerig; Lord Phesdo; Mr Frances Montgomrie
1. NRS, PC2/28, 84r.
2. NRS, PC2/28, 84r.
1. NRS, PC2/28, 84r.
2. NRS, PC2/28, 84r.
D1701/6/3
D1701/6/31
Warrant
The Lords of His Majesties privie Councill Doe heirby allow four tunns of vinegar to be added to the Deliverance upon the petition given in by John and James Marjorybanks which Deliverance is dated the fyftienth of Apryll last
1. NRS, PC2/28, 84r.
1. NRS, PC2/28, 84r.
D1701/6/2
D1701/6/21
Procedure
In absence of the Lord High Chancelor and Lord president of privie Councill The Earle of Lauderdale elected preses pro tempore
1. NRS, PC2/28, 84r.
1. NRS, PC2/28, 84r.
D1701/6/1
D1701/6/12
Sederunt
Earl of Lauderdale; Lord Boyle; Lord president of session; Lord Advocat; Lord Thesaurer deput; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crocerig; Lord Rankeilor; Lord Phesdo
1. NRS, PC2/28, 83v.
2. NRS, PC2/28, 83v.
1. NRS, PC2/28, 83v.
2. NRS, PC2/28, 83v.
D1700/6/12
D1700/6/121
Act
Anent a Petition given in to his Majesties high Commissioner and the Lords of his Majesties privy Councill be Cloud Hamilton of Barnes […] Edmonston of Duntreath, John Spreull of Milntoune John Stirling alias Campbell of Law, Walter Buchannan of Gillistoune John Mackrae of Holl, John Hunter Robert Mirosione […] Boigle, William Laing John and William Johnstounes, James Findlay […] Calquhoune daughter to umquhill John Calquhoune of Auchintorlie, James Lainge Brock James Donald Alexander Douglas and […] Hamilton heritors and their tenents of the Lands of Barnes, Killbowies Balquhannoran Milnetoune Auchinleck Breadfeild Edinbarned Cochnayes Dintaglennan, Auchintoshen, Easter and wester Kilpatricks Shewing That albeit quartering of Souldiers for any Civill debt for execution of any Civill right be strictly prohibited and Discharged ay in any acts of parliament as manifast oppression yet Cathcart Ensigne in the Castle of Dumbartone at the desire of John Walkinshaw factor to the Dutches of Lennox Did by ane order under his hand dated the thretein day of this moneth of June Send a partie to quarter upon the petitioners upon pretence of uplifting Some watch maill alledged due by the petitioners to the Duke or Dutches of Lennox And in prosecutione of the forsaid order the forsaid partie have Lyen and Continued to exact free quarters from the petitioners to their heavie oppression and in manifast Contempt both of acts of parliament and Claime of right against such practises particularly against Military executione for Civill rights Which if Tollerat would very soon ruin Small heritors and their tennants And the saids Lords in the Case of Sir William Hope and Gordon, Haveing Found such practises altogither Illegall though the Circumstances in that cause were not so attrocious as here And Therfore Humbly Craveing his Grace and the saids Lords would be pleased Not only to order the said partie to be removed from the petitioners without any expensses, or Rideing money Bot Likewayes Grant warrand to the petitioners for Citeing Ensigne Cathcart Corporall William Robertsone who Comanded the partie and Livetennant John Walkingshaw to answer before the saids Lords for the said Manifast oppression and free quartering Contrary to Law as the said petition bears. His Majesties high Commissioner and the Lords of his Majesties privy Councill haveing Considered the above petition given in to them by the above Claud Hamiltone of Barnes and others They hereby Ordaine the above partie quartered upon the petitioner to be removed from off them and that without any expensses or ryding money And in the mean time allowes the above Ensigned Cathcart Corporall Robertson and Livetenant Walkingshaw to see and answer the above petition as to the remanent points therof.
1. NRS, PC2/27, 347r-348r.
1. NRS, PC2/27, 347r-348r.
D1700/6/11
D1700/6/111
Act
Anent a Petition given in to His Majesties high Commissioner and the Lords of his Majesties privy Councill Be The Lady, Strowan, and Margaret, Jannet and Allison Robertones her daughters. Shewing That the petitioner the Lady Strowan haveing raised ane process before the saids Lords against Duncan Robertsone ane most ingrate and undutifull Sone to her, For severall autrages acts of Bangstrie and oppression Committed against her and her tennents wherin some witnesses hade been adduced and examined, and by Whose depositiones it was convinceingly clear That the said Duncan hath been guilty of the acts of oppression and violence against his mother in Maner Lybelled, Bot ther being Some farder witnesses to be adduced for concludeing the probation who are not examined No messengers dareing to give to that Countrey to put the petitioners Second dilligence against the witnesses in executione The Said Duncan for preventing therof And as ane addition to his former guilt haveing now Convocat and gathered togither ane Considerable number of Idle Vagabonds and Ruffians who all of them being armed to have oppenly and avowedly Laid waste the petitioners whole Joynture Lands and banished the tennents and their goods theirfrae, And particularly hath Seased upon Mrs Margaret Robertsone his sister who possessed one of these roomes her whole goods and Caried them away with his pertie, and not only so Bot when a partie of his Majesties forces then in Garisone at Carie came at her desire in order to rescue her goods and protect her in the possession, They did fire upon them Eight or nyne severall Shott, and therafter the Commander of the partie haveing inquyred at the said Duncan how it was and on what account that he did head so many armed men, He very ingeneously acknowledged That it was to dispossess the said Lady Strowan his mother and her tennents and which he hath done very effectually And Likewayes hath Laid waist any possession his other Sister Mrs Jannet hade Wherby the petitioners are ruined publict authority Contemned and his Majesties forces Also weell as others exposed to eminent danger, so that it seems necessary That such unwarrantable Convocationes be quailled and dissipate And the Ringleaders Seazed upon and punished without which both the publict peace of the kingdome and intrest of privat parties was insecure And Therfore Humbly Craveing the saids Lords would be pleased to order the Seazing upon and apprehending the said Duncan Robertson and his accomplices wherever they may be found, And Likewayes that the said Mrs Margret Robertsone her goods taken away by the said Duncan and his partie may be seazed upon wher ever the same can be found and redelivered to her, and that the nixt adjacent souldiers to the petitioners Joynture Lands might be Ordained to protect and defend the petitioners tennants in their possessiones, And that seing ther has been so highneous ane injury done to his Majesties forces, and that by the said Duncan Cruell and outrageous acts the publict peace has been disturbed And that the Lady and her other Cheldrein by his Laying the Lands waste and Seazing and Carieing away their goods hade rendered them altogither incapable to persew for redress they being reduced to these Straits and difficultie that they hade not wherupon to Leave It was therfore Likewayes humbly Craved that the saids Lords would be pleased to ordaine the said Duncan and his accomplices to be pursued upon the publict charge As the said petitione bears His Majesties high Commissioner and the Lords of his Majesties privy Councill Haveing Considered the above petition given in to them be the above Lady Strowan, Margaret, Jannet and Alison Robertsones her daughters; With a Letter direct from John Reid to Collonell James Fergusone or in his absence to the Commandant at Pearth relateing to the same affair mentioned in the petition, They hereby Give order and warrant to the said Collonell James Fergusone or the said Commandant and Souldiers under their Command Lying at […] To Seaze upon and apprehend the persone of the above Duncan Robertsone the petitioners sone and to Cause send him to the Tolbooth of Edinburgh under a sufficient guard, And ordaines the Magistrats of Edinburgh and keeper of their Tolbooth receive the said Duncan Robertsone from the party to be sent by the said Collonell Fergusone or Commandant and to keep him prisoner in their Tolbooth till farder order and allowes the said Lady Strowan and her daughters to raise a persuite against her said sone in Comon forme.
1. NRS, PC2/27, 345v-347r.
1. NRS, PC2/27, 345v-347r.
D1700/6/10
D1700/6/101
Decreet
After the point of right was dismissed before the Lords of Session Conforme to the remitt to them of the date the twenty one day of November last by past The Countes of Southerland and the Earle of Southerland gave in a petitione to the Lords of his Majesties privy Councill Which with another petition given in at the same time by James Whyte Commissar Clerk of Lauder Being upon the Threteinth day of June instant Considered be the saids Lords of privy Councill, His Majesties high Commissioner and the Lords of privy Councill by their Interloquitor of the date forsaid upon the said two bills did appoint the Macers of Councill to advertise the Committie appointed in the said two Muttuall processes to meett and recomended to the said Committie to endeavor to setle and agree both parties in the Matter Lybelled And Declared they would hear both parties in the saids processes at any Certaine day now by gone And appointed them to attend the Councill that day for that effect And the Saids two processes being called this day in presence of the Lords of his majesties privy Councill, And the pursuer in the principall Lybell who is defender in the reconventione Compearing by Mr David Dalrymple and Mr William Calderwood his advocats And the defenders in the principall lybell who are persuers in the reconvention2 Compearing by Sir James Stewart his majesties advocats and both parties advocats being fully heard in the matter Lybelled And his majesties high Commissioner and Lords of his Majesties privy Councill Haveing Considered both petitiones or bills with the haill debate made be both parties procurators and wrytes produced for the Lady Southerland They Have Recalled and hereby Recalls the former order of Councill emitted in their process Discharging all parties The marques of Douglas Countes of Southerland or any other persones whatsoever to exercise any Jurisdictione be themselves or their baillies or deputes within the Bailliary of the regallity of Prestoune and Bimokle and Declaires the Same extract void and null as if it hade never been given nor pronunced And have Reponed and hereby Repones the said Countes of Southerland to the exercise of the office of Baillie in the said regallity And that in the termes of the Lords of Councill and Session their decreet wherby they Find that the said Countes of Southerland has right to the Jurisdictione of the Regallity within the bounds of the propertie of the Lands lifrented by her Which decreet of Session is dated the twentie sixth day of January Last by past And have Dicharged3 and hereby Discharges the said James Whyt or any other persone whatsoever to exerce the said office Contrary to, or Interupt the forsaid Countes or her baillies in exerceing of the same in the termes of the4 forsaid decreet of the Lords of Session in time comeing dureing all the dayes years and Space of the said Countes of Southerland her life time.
1. NRS, PC2/27, 344v-345v.
2. The clause ‘Compearing by Mr David Dalrymple and Mr William Calderwood his advocats And the defenders in the principall lybell who are persuers in the reconvention’ is an insertion.
3. Sic.
4. The words ‘of the’ are an insertion.
1. NRS, PC2/27, 344v-345v.
2. The clause ‘Compearing by Mr David Dalrymple and Mr William Calderwood his advocats And the defenders in the principall lybell who are persuers in the reconvention’ is an insertion.
3. Sic.
4. The words ‘of the’ are an insertion.