Tag Archives: March

Decreet, 18 March 1697, Edinburgh

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Att Edinburgh the Eightein day of March Jaj vic nyntie seven yeirs

D1697/3/91

Decreet

Interloquitor Mr Jack and his majesties advocat Against Mr Wilkie Kirkwood and Douglas

The lybell at the instance of Mr William Jack minister at Kelso Against Mr John Wilkie and Mr James Kirkwood And the lybell John Earle of Roxburgh Against Mr James Dowglas being this day called in presence of the Lords of his majesties privie Counsell And his majesties advocat and Mr William Jack Compeareing personallie And the said Earle of Roxburgh Compeareing by John Lord Yester one of his tutors with Sir Patrick Home and Sir David Thores his advocats and the saids Mr John Wilkie being absent oft tymes called and not compeareing and the said Mr James Kirkwood Compeareing also personallie with the said Sir Patrick Home and Sir David Thores his Advocats and the said Mr James Dowglas Compareing also personallie with Mr David Forbes his Advocat who compared also as advocat for the said Mr William Jack The lybell against Mr Wilkie and Kirkwood with the ansuers made therto for the said Mr Kirkwood being read and the saids Lords haveing considered both lybells They Doe heirby grant certificatione against the said Mr John Wilkie in respect of his absence and not compeareance And ordaines Letters of Denunceatione to be Direct to macers or messengers at armes to Dwely Laufullie and orderlie Denunce the Said Mr John Wilkie his majesties rebell Escheat and inbring all his moveable goods and geir to his majesties wse for his contempt and Disobedience And the saids Lords refwises to receave witnesses upon the said lybell against Mr Kirkwood but Suffered the Samen to fall and nominats and appointes the Earle of Leven The Lord Advocat the Lord Philliphawgh and the Lord proveist of Edinburgh to be a Comittie to Speake with persewers and defenders in both the saids processes except Mr John Wilkie against whom certificatione is granted as said is and to recomend to Mr William Jack and Mr James Kirkwood to returne to ther respective homes and to Live at peace one with other and to endeavoure to preserve the peace of the place wher they Live and to recomend to the said Committie to Endeavoure to Setle and agrie the Earle of Roxburgh and Mr James Dowglas in the proces raised at the Earles instance against the said Mr James and recomends to them to discuss and send home the witnesses in both the saids processes and to meet the morrow at ten in the foirnoon And appoints any two of the said Comitie to be a Sufficient qworwm And in caise they Shall not Setle the Said process to report

Att Edinburgh the Eightein day of March Jaj vic nyntie seven yeirs

D1697/3/91

Decreet

Interloquitor Mr Jack and his majesties advocat Against Mr Wilkie Kirkwood and Douglas

The lybell at the instance of Mr William Jack minister at Kelso Against Mr John Wilkie and Mr James Kirkwood And the lybell John Earle of Roxburgh Against Mr James Dowglas being this day called in presence of the Lords of his majesties privie Counsell And his majesties advocat and Mr William Jack Compeareing personallie And the said Earle of Roxburgh Compeareing by John Lord Yester one of his tutors with Sir Patrick Home and Sir David Thores his advocats and the saids Mr John Wilkie being absent oft tymes called and not compeareing and the said Mr James Kirkwood Compeareing also personallie with the said Sir Patrick Home and Sir David Thores his Advocats and the said Mr James Dowglas Compareing also personallie with Mr David Forbes his Advocat who compared also as advocat for the said Mr William Jack The lybell against Mr Wilkie and Kirkwood with the ansuers made therto for the said Mr Kirkwood being read and the saids Lords haveing considered both lybells They Doe heirby grant certificatione against the said Mr John Wilkie in respect of his absence and not compeareance And ordaines Letters of Denunceatione to be Direct to macers or messengers at armes to Dwely Laufullie and orderlie Denunce the Said Mr John Wilkie his majesties rebell Escheat and inbring all his moveable goods and geir to his majesties wse for his contempt and Disobedience And the saids Lords refwises to receave witnesses upon the said lybell against Mr Kirkwood but Suffered the Samen to fall and nominats and appointes the Earle of Leven The Lord Advocat the Lord Philliphawgh and the Lord proveist of Edinburgh to be a Comittie to Speake with persewers and defenders in both the saids processes except Mr John Wilkie against whom certificatione is granted as said is and to recomend to Mr William Jack and Mr James Kirkwood to returne to ther respective homes and to Live at peace one with other and to endeavoure to preserve the peace of the place wher they Live and to recomend to the said Committie to Endeavoure to Setle and agrie the Earle of Roxburgh and Mr James Dowglas in the proces raised at the Earles instance against the said Mr James and recomends to them to discuss and send home the witnesses in both the saids processes and to meet the morrow at ten in the foirnoon And appoints any two of the said Comitie to be a Sufficient qworwm And in caise they Shall not Setle the Said process to report

1. NRS, PC2/26, 342r-342v.

1. NRS, PC2/26, 342r-342v.

Warrant, 18 March 1697, Edinburgh

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Att Edinburgh the Eightein day of March Jaj vic nyntie seven yeirs

D1697/3/81

Warrant

Warrand to persew Murray of Pennieland and his clerk

Wpon a verball representatione made by Sir James Stewart his majesties Advocat that Mr Patrick Murray of Pennylands Sherreff depute of Caithnes and William Campbell his clerk had appointed Robert Hendersone ther procurator fiscall to persew and had held a court for trying of the murder and slawghter of Jennet Corrmack Spouse to Alexander Dowll within a verie few weeks efter her death without any intimatione made to her husband who was within the kingdome and so did precipat Justice The Lords of his majesties privie Counsell Doe heirby give order and warrand to his majesties Advocat to cause cite and prosecute the saids persones and all others concerned to ansuer for the said precipitatione befor ther Lordships

Att Edinburgh the Eightein day of March Jaj vic nyntie seven yeirs

D1697/3/81

Warrant

Warrand to persew Murray of Pennieland and his clerk

Wpon a verball representatione made by Sir James Stewart his majesties Advocat that Mr Patrick Murray of Pennylands Sherreff depute of Caithnes and William Campbell his clerk had appointed Robert Hendersone ther procurator fiscall to persew and had held a court for trying of the murder and slawghter of Jennet Corrmack Spouse to Alexander Dowll within a verie few weeks efter her death without any intimatione made to her husband who was within the kingdome and so did precipat Justice The Lords of his majesties privie Counsell Doe heirby give order and warrand to his majesties Advocat to cause cite and prosecute the saids persones and all others concerned to ansuer for the said precipitatione befor ther Lordships

1. NRS, PC2/26, 341v-342r.

1. NRS, PC2/26, 341v-342r.

Sederunt, 18 March 1697, Edinburgh

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Att Edinburgh the Eightein day of March Jaj vic nyntie seven yeirs1

D1697/3/72

Sederunt

Lord Chancellor; Earl of Lothian; Earl of Leven; Earl of Annandale; Earl of Forffar; Lord Yester; Viscount Tiviot; Lord Advocat; Lord Philliphaugh; Lord Fountainhall; Lord Anstruther; Laird of Stevenson; Laird of Cessnock; Proveist of Edinburgh

Att Edinburgh the Eightein day of March Jaj vic nyntie seven yeirs1

D1697/3/72

Sederunt

Lord Chancellor; Earl of Lothian; Earl of Leven; Earl of Annandale; Earl of Forffar; Lord Yester; Viscount Tiviot; Lord Advocat; Lord Philliphaugh; Lord Fountainhall; Lord Anstruther; Laird of Stevenson; Laird of Cessnock; Proveist of Edinburgh

1. NRS, PC2/26, 341v.

2. NRS, PC2/26, 341r-341v.

1. NRS, PC2/26, 341v.

2. NRS, PC2/26, 341r-341v.

Act, 15 March 1697, Edinburgh

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Att Edinburgh the fifteinth Day of March Jaj vic nyntie Seven yeirs

D1697/3/61

Act

Act Anent Stipend of Alnes

Anent the petitione given in to the Lords of his majesties privie Cownsell be George Viscount of Tarbatt Shewing that the paroch kirk in Alnes being vaccant for Some bygone yeirs Before Jaj vic nyntie Six To which yeirs Stipend Mr John Frazer now incumbent Did enter and hath tytill And he as patron with the consent of the farr greatest pairt of the heretors and parochines did assigne and dispone the said vaccant bridges in the north over a river Alnes which is within the said paroch For furder corroboratione of the said gift and encouradgement of the said paroch And therfor humblie craveing to the effect eftermentioned as the said petitione bears The saids Lords of his majesties privie Counsell haveing considered the above petition They Doe heirby allow the vaccant stipend of the paroch of Alnes for the yeirs preceeding the yeir Jaj vic nyntie Six to be imployed for bwilding a bridge over the water of Alnes with the burden of the twentie merks Dwe to the ministers preaching at the said vaccant church and of consent of the said Viscount of Tarbatt nominats and appoints Hew Monro of Teannich to be factor for uplifting of the saids vaccant Stipends to be imployed at the Sight of the said the said2 Viscount of Tarbat or any whom he hath or shall appoint and decernes and ordaines the said Hewgh Monro factor to be readielie ansuered obeyed and payed of the saids vaccant Stipends of all yeirs and cropts resting owing wnpayed preceeding the yeir Jaj vic nyntie Six with the burden of the saids twentie merks Due to the minister preaching at the said vaccant church by the heretors fewers wodsetters liferenters titullars tacksemen of teinds tenents possessors and others lyable in payment of the saids vaccant Stipends And ordaines Letters of horneing on fiftein dayes wnder the Signet of Counsell to be Direct at the said factors instance against the heretors and others foirsaids lyable in payment of the saids vaccant Stipends upon productione of a Decreit of Localitie and in caise ther be non ordaines the heretors and others foirsaids to make payment to the said factor of ther respective proportiones of the saids vaccant Stipends according as they Shall be decerned by the Judge ordinarie

Att Edinburgh the fifteinth Day of March Jaj vic nyntie Seven yeirs

D1697/3/61

Act

Act Anent Stipend of Alnes

Anent the petitione given in to the Lords of his majesties privie Cownsell be George Viscount of Tarbatt Shewing that the paroch kirk in Alnes being vaccant for Some bygone yeirs Before Jaj vic nyntie Six To which yeirs Stipend Mr John Frazer now incumbent Did enter and hath tytill And he as patron with the consent of the farr greatest pairt of the heretors and parochines did assigne and dispone the said vaccant bridges in the north over a river Alnes which is within the said paroch For furder corroboratione of the said gift and encouradgement of the said paroch And therfor humblie craveing to the effect eftermentioned as the said petitione bears The saids Lords of his majesties privie Counsell haveing considered the above petition They Doe heirby allow the vaccant stipend of the paroch of Alnes for the yeirs preceeding the yeir Jaj vic nyntie Six to be imployed for bwilding a bridge over the water of Alnes with the burden of the twentie merks Dwe to the ministers preaching at the said vaccant church and of consent of the said Viscount of Tarbatt nominats and appoints Hew Monro of Teannich to be factor for uplifting of the saids vaccant Stipends to be imployed at the Sight of the said the said2 Viscount of Tarbat or any whom he hath or shall appoint and decernes and ordaines the said Hewgh Monro factor to be readielie ansuered obeyed and payed of the saids vaccant Stipends of all yeirs and cropts resting owing wnpayed preceeding the yeir Jaj vic nyntie Six with the burden of the saids twentie merks Due to the minister preaching at the said vaccant church by the heretors fewers wodsetters liferenters titullars tacksemen of teinds tenents possessors and others lyable in payment of the saids vaccant Stipends And ordaines Letters of horneing on fiftein dayes wnder the Signet of Counsell to be Direct at the said factors instance against the heretors and others foirsaids lyable in payment of the saids vaccant Stipends upon productione of a Decreit of Localitie and in caise ther be non ordaines the heretors and others foirsaids to make payment to the said factor of ther respective proportiones of the saids vaccant Stipends according as they Shall be decerned by the Judge ordinarie

1. NRS, PC2/26, 341r-341v.

2. Sic.

1. NRS, PC2/26, 341r-341v.

2. Sic.

Sederunt, 15 March 1697, Edinburgh

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Att Edinburgh the fifteinth Day of March Jaj vic nyntie Seven yeirs1

D1697/3/52

Sederunt

Lord Chancellor; Marquis of Dowglas; Earl of Leven; Earl of Forffar; Earl of Kintore; Lord Yester; Lord Ruthven; Lord Anstruther; Proveist of Edinburgh

Att Edinburgh the fifteinth Day of March Jaj vic nyntie Seven yeirs1

D1697/3/52

Sederunt

Lord Chancellor; Marquis of Dowglas; Earl of Leven; Earl of Forffar; Earl of Kintore; Lord Yester; Lord Ruthven; Lord Anstruther; Proveist of Edinburgh

1. NRS, PC2/26, 341r.

2. NRS, PC2/26, 341r.

1. NRS, PC2/26, 341r.

2. NRS, PC2/26, 341r.

Act, 11 March 1697, Edinburgh

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Att Edinburgh the Eleventh day of March Jaj vic nyntie seven yeirs

D1697/3/41

Act

Act the Lairds of Ardkinglass and Carrick

Anent the petitione given in to the Lords of his majesties privie Counsell be Sir Colline Campbell of Ardkinglas and Sir John Campbell of Carrick Shewing That wher the petitioners Did serve as Commissioners of parliament for the shyre of Argyll Dureing the haill Space of the Sixth Sessione of this current parliament And the said Sessione of parliament did begin and sitt downe upon the eight of September Jaj vic nyntie six yeirs and did continwe till the twelve day of October the said yeir as ane declaratione wnder the hand of Alexander Gibsone as ane of the deput clerks of parliament as haveing Commissione from Charles Earle of Selkirk Lord clerk register therwith produced bears Lykeas ther Lordships petitioner Sir2 Colline Campbell of Ardkinglas Did serve as one of the Commissioners of parliament which did begin the nynth day of May and did ryse the seventh day of Jullie Jaj vic nyntie five yeirs As ane declaratione under the then Lord Registers hand therwith also produced bears And wheras by the threttie five act of the first sessione of the first parliament of King Charles the second all Commissioners of parliament upon ther haveing ane attestatione wnder the clerk registers hand except Noblemen are to have five pund per diem including the first and Last dayes of the parliament ane eight dayes for comeing and als many for goeing and all frieholders heretors and liferenters holding of the King and prince bear the burden therof And alsoe allowing the Same to be raised in the samen maner with the excyse by horneing poynding and qwartering As the said act of parliament bears And now seing the petitioners can recover payment noe other way But by qwartering in the termes of the act of parliament And as ther Lordships were formerlie in wse to doe for the preceeding sessiones of parliament And therfore Humbly craveing to the effect eftermentioned As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Counsell with the testificats or declarationes mentioned therin and prodwced therwith They Doe heirby grant warrand for qwartering to be used at the instance of the saids petitioners against the frie holders heretors and Liferenters within the said shyre of Argyll for payment of the Commissioners fies dwe to him Conforme to the respective testificats or declarationes in the favoures And that conforme to a cast first to be made and Layed on be the Commissioners of the said shyre proportioneing the saids dwes upon the saids frieholders heretors and Liferenters according to her respective proportiones

Att Edinburgh the Eleventh day of March Jaj vic nyntie seven yeirs

D1697/3/41

Act

Act the Lairds of Ardkinglass and Carrick

Anent the petitione given in to the Lords of his majesties privie Counsell be Sir Colline Campbell of Ardkinglas and Sir John Campbell of Carrick Shewing That wher the petitioners Did serve as Commissioners of parliament for the shyre of Argyll Dureing the haill Space of the Sixth Sessione of this current parliament And the said Sessione of parliament did begin and sitt downe upon the eight of September Jaj vic nyntie six yeirs and did continwe till the twelve day of October the said yeir as ane declaratione wnder the hand of Alexander Gibsone as ane of the deput clerks of parliament as haveing Commissione from Charles Earle of Selkirk Lord clerk register therwith produced bears Lykeas ther Lordships petitioner Sir2 Colline Campbell of Ardkinglas Did serve as one of the Commissioners of parliament which did begin the nynth day of May and did ryse the seventh day of Jullie Jaj vic nyntie five yeirs As ane declaratione under the then Lord Registers hand therwith also produced bears And wheras by the threttie five act of the first sessione of the first parliament of King Charles the second all Commissioners of parliament upon ther haveing ane attestatione wnder the clerk registers hand except Noblemen are to have five pund per diem including the first and Last dayes of the parliament ane eight dayes for comeing and als many for goeing and all frieholders heretors and liferenters holding of the King and prince bear the burden therof And alsoe allowing the Same to be raised in the samen maner with the excyse by horneing poynding and qwartering As the said act of parliament bears And now seing the petitioners can recover payment noe other way But by qwartering in the termes of the act of parliament And as ther Lordships were formerlie in wse to doe for the preceeding sessiones of parliament And therfore Humbly craveing to the effect eftermentioned As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Counsell with the testificats or declarationes mentioned therin and prodwced therwith They Doe heirby grant warrand for qwartering to be used at the instance of the saids petitioners against the frie holders heretors and Liferenters within the said shyre of Argyll for payment of the Commissioners fies dwe to him Conforme to the respective testificats or declarationes in the favoures And that conforme to a cast first to be made and Layed on be the Commissioners of the said shyre proportioneing the saids dwes upon the saids frieholders heretors and Liferenters according to her respective proportiones

1. NRS, PC2/26, 340r-341r.

2. The word ‘David’ scored out here.

1. NRS, PC2/26, 340r-341r.

2. The word ‘David’ scored out here.

Sederunt, 11 March 1697, Edinburgh

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Att Edinburgh the Eleventh day of March Jaj vic nyntie seven yeirs1

D1697/3/32

Sederunt

Lord Chancellor; Earl of Annandale; Earl of Forfar; Earl of Kintore; Lord Yester; Lord Ruthven; Lord Justiceclerk; Lord Philliphaugh; Lord Fountainhall; Lord Rankeillor; Mr Fra: Montgomery; Laird of Blackbarrony; Laird of Leyes; Proveist of Edinburgh

Att Edinburgh the Eleventh day of March Jaj vic nyntie seven yeirs1

D1697/3/32

Sederunt

Lord Chancellor; Earl of Annandale; Earl of Forfar; Earl of Kintore; Lord Yester; Lord Ruthven; Lord Justiceclerk; Lord Philliphaugh; Lord Fountainhall; Lord Rankeillor; Mr Fra: Montgomery; Laird of Blackbarrony; Laird of Leyes; Proveist of Edinburgh

1. NRS, PC2/26, 340r.

2. NRS, PC2/26, 340r.

1. NRS, PC2/26, 340r.

2. NRS, PC2/26, 340r.

Decreet, 2 March 1697, Edinburgh

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Att Edinburgh the Second day of March Jaj vic nyntie seven yeirs

D1697/3/21

Decreet

Decreit John Niccoll against Ensigne Kerr

Anent the Letters or lybell of complaint raised and persewed befor the Lords of his majesties privie Counsell at the instance of John Niccoll writer in Edinburgh with concurse of Sir James Stewart his majesties Advocat for his highnes interest in the mater wnderwritten Making mentione That wher the causeles invadeing assaulting beatting brwiseing and crwellie wounding of the bodies of any of our peaceable Subjects to the great effwsione of ther blood and hazard of ther Lives when they are in civilitie and discretione addressing themselvs to the persones who does the Same about ther Laufull and necessarie affairs Are crymes of ane high nature and Severlie pwnishable especiallie when the Same is done upon the high streets or publict shoars in the open veiw of the Swn yet trwe it is that the said John Niccoll Complainer haveing a factorie from one Owane Griffeth victwaller in London for persweing Ensign John Kerr in Collonell Sir William Douglas his regiment for about seven pund sterleing which the Ensigne took on when he was at Londone for bed board and other necessaries and the Complainer haveing resolved to alse the money civillie not being resolved for Law wnles he was refwised and putt to the Same the Complainer went to Leith on Saturday the Threttein day of Febrwarie instant and haveing mett with the Ensigne upon the publict shoar about twelve houres of the day and haveing civillie and discreitlie told him of his factorie and desyred he would be pleased to goe into any house and read his constitwents Letters he in place of any civill ansuer fell to curseing and Damneing and bad God Dam his creditor and the Complainer both for he was not concerned with any of them and with these words in a furious passione most crwellie barbarowselie and inhwmanlie and with his Cain did beatt the Complainer over the head neck souldiers and back untill the complainer was hardlie able to Sturr from the place whilest all this tyme the said Complainer had nether armes nor staff nor any thing about him but his cloak And when he did call owt to the Spectators and desyred them to be wittnesses to this his evill treatment The Ensigne againe returned more mad and fwrious and Threshed the said Complainer upon the head and wounded him through the hatt to the great effwsione of his blood soe that with the stroaks he tore a pairt of his cloak and when being in hazard of his life he was caryed from off the publict shoar into a private house wher he might have his wounds paused and blood taken from him some of the officers of the said Collonell Douglas his regiment haveing come in began to mediat with the Complainer that the affair might be taken away privatelie without any more noise But the said Ensigne Kerr haveing come in efter the foirsaids officers asked the complainer how he was and without getting any ansuer he pressed in betuixt the officers and crwellie and barbarouselie beatt the complainer to the ground upon that verie place of the head which he had formerlie wounded and was Just now paused by a chirurgion And threatned that if he could be suffered by these in the rowme he would rwn him throw and cursed himself that he had not Done it when he Last pairted with him saying that if he should stick four Like the Complainer nothing would befall him and tho he should kill six lyke him it was but one Life for all and when his own Leivetennent and another of the companie did bid him beware for what he had done might be fair to Lowse him his Commissione He boldlie answered God Dam him if he cared a fart for the Kings Commissione upon which he was comanded to the Door by the officers present and when he was goeing owt he boldlie and crwellie menaced and threatned with many bloodie oaths that he would Cutt the Complainers throatt when he was not Looking for it Efter all which the Complainer was caried up to Edinburgh wher he still lyes Langwishing upon his bed not able to Stwrr for the brwises and wounds which he hath receaved and in the chirurgions hands in a most dangerows case By all which it may evidentlie appear to the Lords of our privie Counsell that the said Ensigne Ker is gwiltie of ane high and attrocious ryot and ought and should not onlie to make payment and satisfactione to the Complainer of the Soume of […] for damnadge and expensses incurring of his saids wounds But Likewayes ought and should be furder pwnished in his persone and goods to the terror of others to comit the lyke in tyme comeing And anent the charge given to the said defender to have compeared personallie befor the saids Lords of privie Counsell at ane certaine day now bypast to have ansuered to the grounds of the above complaint And to have heard and sein such order and course taken theranent As the saids Lords should think fitt wnder the paine of rebellion etc As in the principall lybell with the executiones therof at more lenth is contained The which lybell being upon the twentie third day of Febrwary Last bypast called in presence of the saids Lords of his majesties privie Counsell The persewer being absent was excused in respect of his indispositione by his wounds and his wife compearing personallie at the barr with Mr John Frank his advocat And the said Ensigne Ker defender Compeareing also personallie with Mr Alexander Fergwsone his advocat The lybell and ansuers therto with a petitione given in by the defender being read The Counsell admitted the lybell to the perseuers probatione And the witnesses cited and compeareing haveing made faith The saids Lords appointed a Comitie for examineing of the wittnesses and granted furder dilligence by Captione against the absent witnesses and allowed the Defender to raise a reconventione and insist therin in Commwm forma Which Comitie haveing accordinglie met the persewer adduced diverse and sundrie famows witnesses befor them who being all solemnlie sworne interrogat and examined in the said mater upon ther great oathes deponed and declaired As ther oathes and depositiones extant in proces bears And the Saids Lords of his majesties privie Counsell haveing this day advysed the Said proces and haveing considered the depositiones of the wittnesses with a petitione given in for the persewar The Saids Lords of his majesties privie Counsell Doe heirby find the lybell proven And therfore they have fyned and heirby fynes the said Ensigne Ker defender in the Soume of two Hundereth merks Scotts And decernes and ordaines him to make payment and Satisfactione to the Said John Niccoll persewer of the Said Soume of two Hundereth merks and decernes and ordaines the said defender to give bond and find Sufficient cawtione acted in the books of his majesties privie Counsell that the said John Niccoll his wife bairnes men tennents and servants shall be harmles and Skaithles of the Said Ensigne Ker his wife bairnes men tennents and servants in his persone and goods and in the peaceable possessione of his Lands heretadges tacks Steedings rowmes and possessiones and on nowayes Shall be troubled or molested be him ther untill nor by no others of his causeing sending hunding owt Comand resett assistance or ratihabitatione whom he may Stopp or Lett directlie or indirectlie frae the day and date heirof wnder the penaltie of Ane Thowsand merks in caise he Shall transgress in any pairt of the premisses And ordaines the Said Ensigne Kerr to continwe prisoner till he pay the Said fyne and find the foirsaid cawtione and ordaines Letters of horneing on fiftein dayes and others needfull to be direct heiron wnder the Signet of Cownsell in forme as effeirs And in respect the said Ensigne Kerr Defender hes payed the forsaid fyne and also hes given bond and fownd Cawtione in maner foirsaid Therfore decernes and ordaines the magistrats of Edinburgh and keeper of ther tollbwith wher he is prisoner to sett him at Libertie furth therof

Att Edinburgh the Second day of March Jaj vic nyntie seven yeirs

D1697/3/21

Decreet

Decreit John Niccoll against Ensigne Kerr

Anent the Letters or lybell of complaint raised and persewed befor the Lords of his majesties privie Counsell at the instance of John Niccoll writer in Edinburgh with concurse of Sir James Stewart his majesties Advocat for his highnes interest in the mater wnderwritten Making mentione That wher the causeles invadeing assaulting beatting brwiseing and crwellie wounding of the bodies of any of our peaceable Subjects to the great effwsione of ther blood and hazard of ther Lives when they are in civilitie and discretione addressing themselvs to the persones who does the Same about ther Laufull and necessarie affairs Are crymes of ane high nature and Severlie pwnishable especiallie when the Same is done upon the high streets or publict shoars in the open veiw of the Swn yet trwe it is that the said John Niccoll Complainer haveing a factorie from one Owane Griffeth victwaller in London for persweing Ensign John Kerr in Collonell Sir William Douglas his regiment for about seven pund sterleing which the Ensigne took on when he was at Londone for bed board and other necessaries and the Complainer haveing resolved to alse the money civillie not being resolved for Law wnles he was refwised and putt to the Same the Complainer went to Leith on Saturday the Threttein day of Febrwarie instant and haveing mett with the Ensigne upon the publict shoar about twelve houres of the day and haveing civillie and discreitlie told him of his factorie and desyred he would be pleased to goe into any house and read his constitwents Letters he in place of any civill ansuer fell to curseing and Damneing and bad God Dam his creditor and the Complainer both for he was not concerned with any of them and with these words in a furious passione most crwellie barbarowselie and inhwmanlie and with his Cain did beatt the Complainer over the head neck souldiers and back untill the complainer was hardlie able to Sturr from the place whilest all this tyme the said Complainer had nether armes nor staff nor any thing about him but his cloak And when he did call owt to the Spectators and desyred them to be wittnesses to this his evill treatment The Ensigne againe returned more mad and fwrious and Threshed the said Complainer upon the head and wounded him through the hatt to the great effwsione of his blood soe that with the stroaks he tore a pairt of his cloak and when being in hazard of his life he was caryed from off the publict shoar into a private house wher he might have his wounds paused and blood taken from him some of the officers of the said Collonell Douglas his regiment haveing come in began to mediat with the Complainer that the affair might be taken away privatelie without any more noise But the said Ensigne Kerr haveing come in efter the foirsaids officers asked the complainer how he was and without getting any ansuer he pressed in betuixt the officers and crwellie and barbarouselie beatt the complainer to the ground upon that verie place of the head which he had formerlie wounded and was Just now paused by a chirurgion And threatned that if he could be suffered by these in the rowme he would rwn him throw and cursed himself that he had not Done it when he Last pairted with him saying that if he should stick four Like the Complainer nothing would befall him and tho he should kill six lyke him it was but one Life for all and when his own Leivetennent and another of the companie did bid him beware for what he had done might be fair to Lowse him his Commissione He boldlie answered God Dam him if he cared a fart for the Kings Commissione upon which he was comanded to the Door by the officers present and when he was goeing owt he boldlie and crwellie menaced and threatned with many bloodie oaths that he would Cutt the Complainers throatt when he was not Looking for it Efter all which the Complainer was caried up to Edinburgh wher he still lyes Langwishing upon his bed not able to Stwrr for the brwises and wounds which he hath receaved and in the chirurgions hands in a most dangerows case By all which it may evidentlie appear to the Lords of our privie Counsell that the said Ensigne Ker is gwiltie of ane high and attrocious ryot and ought and should not onlie to make payment and satisfactione to the Complainer of the Soume of […] for damnadge and expensses incurring of his saids wounds But Likewayes ought and should be furder pwnished in his persone and goods to the terror of others to comit the lyke in tyme comeing And anent the charge given to the said defender to have compeared personallie befor the saids Lords of privie Counsell at ane certaine day now bypast to have ansuered to the grounds of the above complaint And to have heard and sein such order and course taken theranent As the saids Lords should think fitt wnder the paine of rebellion etc As in the principall lybell with the executiones therof at more lenth is contained The which lybell being upon the twentie third day of Febrwary Last bypast called in presence of the saids Lords of his majesties privie Counsell The persewer being absent was excused in respect of his indispositione by his wounds and his wife compearing personallie at the barr with Mr John Frank his advocat And the said Ensigne Ker defender Compeareing also personallie with Mr Alexander Fergwsone his advocat The lybell and ansuers therto with a petitione given in by the defender being read The Counsell admitted the lybell to the perseuers probatione And the witnesses cited and compeareing haveing made faith The saids Lords appointed a Comitie for examineing of the wittnesses and granted furder dilligence by Captione against the absent witnesses and allowed the Defender to raise a reconventione and insist therin in Commwm forma Which Comitie haveing accordinglie met the persewer adduced diverse and sundrie famows witnesses befor them who being all solemnlie sworne interrogat and examined in the said mater upon ther great oathes deponed and declaired As ther oathes and depositiones extant in proces bears And the Saids Lords of his majesties privie Counsell haveing this day advysed the Said proces and haveing considered the depositiones of the wittnesses with a petitione given in for the persewar The Saids Lords of his majesties privie Counsell Doe heirby find the lybell proven And therfore they have fyned and heirby fynes the said Ensigne Ker defender in the Soume of two Hundereth merks Scotts And decernes and ordaines him to make payment and Satisfactione to the Said John Niccoll persewer of the Said Soume of two Hundereth merks and decernes and ordaines the said defender to give bond and find Sufficient cawtione acted in the books of his majesties privie Counsell that the said John Niccoll his wife bairnes men tennents and servants shall be harmles and Skaithles of the Said Ensigne Ker his wife bairnes men tennents and servants in his persone and goods and in the peaceable possessione of his Lands heretadges tacks Steedings rowmes and possessiones and on nowayes Shall be troubled or molested be him ther untill nor by no others of his causeing sending hunding owt Comand resett assistance or ratihabitatione whom he may Stopp or Lett directlie or indirectlie frae the day and date heirof wnder the penaltie of Ane Thowsand merks in caise he Shall transgress in any pairt of the premisses And ordaines the Said Ensigne Kerr to continwe prisoner till he pay the Said fyne and find the foirsaid cawtione and ordaines Letters of horneing on fiftein dayes and others needfull to be direct heiron wnder the Signet of Cownsell in forme as effeirs And in respect the said Ensigne Kerr Defender hes payed the forsaid fyne and also hes given bond and fownd Cawtione in maner foirsaid Therfore decernes and ordaines the magistrats of Edinburgh and keeper of ther tollbwith wher he is prisoner to sett him at Libertie furth therof

1. NRS, PC2/26, 337v-340r.

1. NRS, PC2/26, 337v-340r.

Sederunt, 2 March 1697, Edinburgh

Posted on by

Att Edinburgh the Second day of March Jaj vic nyntie seven yeirs1

D1697/3/12

Sederunt

Lord Chancellor; Marquis of Dowglas; Earl of Argyle; Earl of Lauderdale; Earl of Leven; Lord Yester; Lord Montgomery; Lord Carmichael; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Laird of Pollock; Laird of Blackbarrony; Laird of Leyes; Proveist of Edinburgh

Att Edinburgh the Second day of March Jaj vic nyntie seven yeirs1

D1697/3/12

Sederunt

Lord Chancellor; Marquis of Dowglas; Earl of Argyle; Earl of Lauderdale; Earl of Leven; Lord Yester; Lord Montgomery; Lord Carmichael; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Laird of Pollock; Laird of Blackbarrony; Laird of Leyes; Proveist of Edinburgh

1. NRS, PC2/26, 337v.

2. NRS, PC2/26, 337v.

1. NRS, PC2/26, 337v.

2. NRS, PC2/26, 337v.

Order, 31 March 1696, Edinburgh

Posted on by

Att Edinburgh the threttie one day of March Jaj vic nyntie Six yeirs

D1696/3/231

Order

Remitt John Chancellours petition

Petitione John Chancellour merchand in Edinburgh prisoner in Edinburgh tollbwith craveing Libertie red and remitted to The Lord proveist of Edinburgh by whose order the petitioner is imprisoned to consider this petitione and report the cause of the petitioners imprisonement to the Counsell against ther next meeting

Att Edinburgh the threttie one day of March Jaj vic nyntie Six yeirs

D1696/3/231

Order

Remitt John Chancellours petition

Petitione John Chancellour merchand in Edinburgh prisoner in Edinburgh tollbwith craveing Libertie red and remitted to The Lord proveist of Edinburgh by whose order the petitioner is imprisoned to consider this petitione and report the cause of the petitioners imprisonement to the Counsell against ther next meeting

1. NRS, PC2/26, 154v.

1. NRS, PC2/26, 154v.