Tag Archives: November

Act, 19 November 1695, Edinburgh

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Edinburgh Tuesday 19th November 1695

D1695/11/151

Act

Act Scot of Heychester

Anent a Petition given in to the Lords of his Majesties privy Councill be Gordon Scot of Heychester Shewing That wher the petitioner obtained Decreet of parliament against the Earle of Seaforth for a Considerable Sum of money Wherupon the petitioner is to doe Dilligence against the said Earle and against the Countess Douger his mother and haveing Imployed Severale Messengers for that effect They declyne to execute the petitioners dilligence and refuse to undertake the same not finding safe 2 access in the execution of their offices within the Earles Countrey unless they were assisted by Some of the nixt adjacent forces And Therfore Humbly Craveing the saids Lords would be pleased to allow the petitioner a Competent assistance of his majesties forces at Fort William Inverness or wher ther are lying nixt adjacent to the places wher the petitioners said legall dilligence is to be put in executione to Support and protect the messengers that shall be Imployed by the petitioner in the due execution of his legall dilligence against the said Earle and his mother by horning poynding areistment or otherwayes And to Recomend to the Governor of Fort William the Comander of the forces at Inverness or other places adjacent for the time to Grant Suitable parties when Called for to the effect forsaid As the said petition bears The Lords of his Majesties privy Councill having Considered this petition given in to them be the above Gidion Scot of Heychester They herby Recomend to Sir Thomas Livingstoune Comander in Chief of his majesties forces within this kingdome To give orders to the Governour of Fort William or Comander of the forces at Inverness or other places adjacent to furnish the petitioner with Competent parties of his majesties forces for Suporting and protecting the messengers who shall be Imployed by him in the due execution of his legall Dilligence upon the said Decreet of parliament.

Edinburgh Tuesday 19th November 1695

D1695/11/151

Act

Act Scot of Heychester

Anent a Petition given in to the Lords of his Majesties privy Councill be Gordon Scot of Heychester Shewing That wher the petitioner obtained Decreet of parliament against the Earle of Seaforth for a Considerable Sum of money Wherupon the petitioner is to doe Dilligence against the said Earle and against the Countess Douger his mother and haveing Imployed Severale Messengers for that effect They declyne to execute the petitioners dilligence and refuse to undertake the same not finding safe 2 access in the execution of their offices within the Earles Countrey unless they were assisted by Some of the nixt adjacent forces And Therfore Humbly Craveing the saids Lords would be pleased to allow the petitioner a Competent assistance of his majesties forces at Fort William Inverness or wher ther are lying nixt adjacent to the places wher the petitioners said legall dilligence is to be put in executione to Support and protect the messengers that shall be Imployed by the petitioner in the due execution of his legall dilligence against the said Earle and his mother by horning poynding areistment or otherwayes And to Recomend to the Governor of Fort William the Comander of the forces at Inverness or other places adjacent for the time to Grant Suitable parties when Called for to the effect forsaid As the said petition bears The Lords of his Majesties privy Councill having Considered this petition given in to them be the above Gidion Scot of Heychester They herby Recomend to Sir Thomas Livingstoune Comander in Chief of his majesties forces within this kingdome To give orders to the Governour of Fort William or Comander of the forces at Inverness or other places adjacent to furnish the petitioner with Competent parties of his majesties forces for Suporting and protecting the messengers who shall be Imployed by him in the due execution of his legall Dilligence upon the said Decreet of parliament.

1. NRS, PC2/26, 29r.

2. An illegible word scored out here.

1. NRS, PC2/26, 29r.

2. An illegible word scored out here.

Act, 19 November 1695, Edinburgh

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Edinburgh Tuesday 19th November 1695

D1695/11/141

Act

Act Sir John Dempster of Pitliver

Anent the petition given in to the Lords of his majesties privy Councill be Sir John Dempster of Pitliver Shewing That the petitioner haveing been Decerned by decreet of parliament to pay a great soume of money to Gidion Scot of Heychester; The Earle of Seaforth and his mother the Countess Dowager are ordained by the forsaid Decreet to refound and pay back the same to the petitioner For payment wherof the petitioner has raised letters of horning and areistment and other dilligence against the said Earle and his mother And having Imployed Severall messingers to execute the same they have returned the petitioners letters unexecute and not finding tutum accessum in the Earles Countrey and altogither refuse to undertake the due executione therof unless asisted by some of the nixt adjacent forces wherby the petitioner is in hazard to Loss that debt for want of a due execution of the Law unless their Lordships provyde remeedie, And Therfore humbly Craveing the saids Lords In Consideration of the premisses to allow the petitioner a Competent assistance of his majesties forces at Fort William Inverness or wher they are Lying nixt adjacent to the places wher the said dilligence Is to be put in executione to support and protect the messengers that shall be Imployed be the petitioner in the due execution of his legall dilligence against the Earle and his mother by horning poynding Areistment or otherwayes, And to Recomend to the governor of Fort William the Comand of the forces at Innverness or other places Adjacent to Grant Suitable parties when Called for to the effect forsaid as the petition bears, The Lords of his Majesties privy Councill Having Considered the above petition given in to them be the above Sir John Dempster of Pitliver They heirby Recomend to Sir Thomas Livingstoune Comander in Chief of his majesties forces within the kingdome to give orders to the governor of Fort William or Comander of the forces at Innverness or other places adjacent To furnish the petitioner with Competent parties of his majesties forces for supporting and protecting the messengers who Shall be Imployed by him in the due execution of his legall dilligence upon the said Decreet of parliament.

Edinburgh Tuesday 19th November 1695

D1695/11/141

Act

Act Sir John Dempster of Pitliver

Anent the petition given in to the Lords of his majesties privy Councill be Sir John Dempster of Pitliver Shewing That the petitioner haveing been Decerned by decreet of parliament to pay a great soume of money to Gidion Scot of Heychester; The Earle of Seaforth and his mother the Countess Dowager are ordained by the forsaid Decreet to refound and pay back the same to the petitioner For payment wherof the petitioner has raised letters of horning and areistment and other dilligence against the said Earle and his mother And having Imployed Severall messingers to execute the same they have returned the petitioners letters unexecute and not finding tutum accessum in the Earles Countrey and altogither refuse to undertake the due executione therof unless asisted by some of the nixt adjacent forces wherby the petitioner is in hazard to Loss that debt for want of a due execution of the Law unless their Lordships provyde remeedie, And Therfore humbly Craveing the saids Lords In Consideration of the premisses to allow the petitioner a Competent assistance of his majesties forces at Fort William Inverness or wher they are Lying nixt adjacent to the places wher the said dilligence Is to be put in executione to support and protect the messengers that shall be Imployed be the petitioner in the due execution of his legall dilligence against the Earle and his mother by horning poynding Areistment or otherwayes, And to Recomend to the governor of Fort William the Comand of the forces at Innverness or other places Adjacent to Grant Suitable parties when Called for to the effect forsaid as the petition bears, The Lords of his Majesties privy Councill Having Considered the above petition given in to them be the above Sir John Dempster of Pitliver They heirby Recomend to Sir Thomas Livingstoune Comander in Chief of his majesties forces within the kingdome to give orders to the governor of Fort William or Comander of the forces at Innverness or other places adjacent To furnish the petitioner with Competent parties of his majesties forces for supporting and protecting the messengers who Shall be Imployed by him in the due execution of his legall dilligence upon the said Decreet of parliament.

1. NRS, PC2/26, 27v-28v.

1. NRS, PC2/26, 27v-28v.

Act, 19 November 1695, Edinburgh

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Edinburgh Tuesday 19th November 1695

D1695/11/131

Act

Act Ordaineing John Baine and Robert Douglas to be Clerk and Collector of the supply in the Shire of Fyfe

The Lords of his majesties privy Councill Having Considered Ane petition given in to them be the Earle of Crafurd Lord Rankeillor and others present at the election of John Bayn to be Clerk and Robert Douglass of Strathendry to be Collector of the supply of the Shire of Fyfe with two Counter petitiones given in against the same be John Orock and James Crafurd of Mountwhany formerly in the forsaid officers of Clerk and Collector They heirby Grant the desire of the first petition and authorizes the said John Bayne and Robert Douglas to act and exerce the offices of Clerk and Collector in the said shire of Fyfe the subsequent termes supply for Candlimiss nixt and therafter whom they find to be the only Clerk and Collector duely and legally Chosen and Discharges the said James Crafurd and John Arrock from exercing the saids offices after the said terme of Candlimiss and appoints the said John Arrock and James Crafurd late Clerk and Collector To deliver and give in to the said John Bayne and Robert Douglas present Clerk and Collector all or any Lists of the poleable persones and all or any soumes of the pole money which has been payed in to them Togither with all papers or books which they have anent the present polemoney And Ordaines letters of horning on […] dayes and others needfull to be direct heirupon in forme as effeirs.

Edinburgh Tuesday 19th November 1695

D1695/11/131

Act

Act Ordaineing John Baine and Robert Douglas to be Clerk and Collector of the supply in the Shire of Fyfe

The Lords of his majesties privy Councill Having Considered Ane petition given in to them be the Earle of Crafurd Lord Rankeillor and others present at the election of John Bayn to be Clerk and Robert Douglass of Strathendry to be Collector of the supply of the Shire of Fyfe with two Counter petitiones given in against the same be John Orock and James Crafurd of Mountwhany formerly in the forsaid officers of Clerk and Collector They heirby Grant the desire of the first petition and authorizes the said John Bayne and Robert Douglas to act and exerce the offices of Clerk and Collector in the said shire of Fyfe the subsequent termes supply for Candlimiss nixt and therafter whom they find to be the only Clerk and Collector duely and legally Chosen and Discharges the said James Crafurd and John Arrock from exercing the saids offices after the said terme of Candlimiss and appoints the said John Arrock and James Crafurd late Clerk and Collector To deliver and give in to the said John Bayne and Robert Douglas present Clerk and Collector all or any Lists of the poleable persones and all or any soumes of the pole money which has been payed in to them Togither with all papers or books which they have anent the present polemoney And Ordaines letters of horning on […] dayes and others needfull to be direct heirupon in forme as effeirs.

1. NRS, PC2/26, 27v-28r.

1. NRS, PC2/26, 27v-28r.

Decreet, 19 November 1695, Edinburgh

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Edinburgh Tuesday 19th November 1695

D1695/11/121

Decreet

Decreet absolvitor The Countess of Rothes and others against The Earle of Melvill and others

Anent the Complaint or Lybell reconventione raised before the Lords of his Majesties privy Councill at the instance of George Earle of Melvill Lord privy Seall David Earle of Leven and Alexander Lord Raith Lord Thesaurer depute The master of Burleigh Mr James Melvill of Cassingray Mr James Melvill of Hallhill Sir James Mcgiee of Rankeillor James Lundine of Auchtermairnie George Moncreiff of Reddie Robert Hay of Strenrey John Hay of Naughtone younger Robert Douglass of Airdit James Crafurd of Mountquhany James Lundine of Straithairly Mr Robert Whyt younger of Bannochie, Alexander Melvill of Murdocairne John Lessly of quarter John Moncreiff of Mornypea Mr David Scrimgeor of Cart-moir Walter Bosswell of Balbartane James Smittoune the Lady Castlehavens baillie John Weymes younger of Bogie John Arnot of Ballcornie David Balfour of Grange James Maxwell of Leckybank and John Melvill of Carsbeirdoe with Concourse of Sir James Stewart his majesties advocat for his highnes intrest in the matter underwritten Makeing Mention That wher by the lawes and acts of parliament and the Constant Custome and practise of this and all other weell Governed nationes The Stoping hindering and interupting of persones Imployed by his majestie in the prosecution of the trust reposed upon them by the Lawes of the Nation Especially wher the persones Stoped and interupted are his majesties privy Councillors and officers of state and the bussines in which they were Imployed was towards the Collecting and ingathering of the Subsidies offered to his Majestie for the necesser defence and Suport of the Natione and Government, and the troubling mollesting and Disquesting of his majesties Leidges Especially Such as are of known integrity and Good affectione to his Majesties service and intrusted as his Majesties privy Councillors, officers of state and other Imployments of trust are Ryots and Crimes of a high nature severly punishable and all thrie are airt and part and accessory therto by hounding out or Rathihabition of these unwarrantable Deeds are punishable as the principall parties or offenders Nevertheless It is of verity That Margret Countess of Rothes John Lord Lessly and Patrick Bruce of Brinzeon ther Shireff Depute in the Shire of Fyfe are Guilty or airt and pairt therof In so farr as The Slateing ordering and uplifting of the pole Imposed by the Last Session of this Curent parliament Being Remitted to the Commissioners of assessment and ther quorum, according to the rules exprest in the act of parliament and proclamationes of privy Councill And the Commissioners of the Shyr of Fyfe haveing accordingly mett and given order for making and reporting of Lists of Poleable persones, Ther was another dyet appointed to meet at Couper the thrid Tuesday of October last, And whatever differences were amongst the Commissioners of the said Shire, yet all did agree that their should be a meetting upon the said thrid Tuesday of October, And the said Patrick Bruce was not Suficiently authorized to that effect yet he did advertise the severall Commissioners of the dyet by missive letters Shewing that he was appointed by the last meeting to acquaint the saids Commissioners that the nixt meeting was to be upon the thrid Tusday of October at the ordinary time and place of meeting for receiving in Lists and Laying doun Such other methods as might best Conduce for the Collecting and ingathering of the pole, And that it was expected the Commissioners would keep that dyet And all the saids pursuers haveing repaired to the ordinary place at the ordinary time of meetting the said day In prosecution and Discharge of thr dutie and trust, They entered to the high Tolbooth the ordinary place of Meeting precisly at ten of the Cloak which was the usuall hour as was expressly in former advertisments, And the said Patrick Bruce haveing aby end and designe to give other directions in relation to the Collection of the said pole then would be acceptable to the plurallity of the said Shire And understanding that many Commissioners were a comeing that would not agree to these by ends and designes He with other two Commissioners Viz Robert Douglas of Strenry and David Burgh the said Countes of Rothes her baillie Did take upon them to Choise a process and act as a meetting of the Shyre by anticipatione before the ordinary time and before the saids pursuers Could be present of purpose to eleid the designe of the Meeting and that the matter might not be ordered according to the inclynation of the plurality of the Shyre but reflecting a litle that the saids pursuers who were a Coming being a full meeting of the Shyre would easily Over rule What a paikt meeting of thrie hade done by anticipation and understanding that the saids pursuers were allready come to the foot of the stair Which leads to the usuall place of meetting The said pretended meetting of thrie Dissolved and the said Shireff depute designing to put ane indignity and affront upon the saids pursuers Did take upon him to hold a Schame Shireff2 Court and went to the burgh in such a hast That he hade scarce time to fence the Court before they were entred and when the saids pursuers came in they were Surprized to see the said Patrick Bruce Sitting in that place and tho the Clerk went aside and that ther was no bussines a doeing or ready to be done yet he satt still useing indecent expressiones and behavior and pretending that the said pursuers hade interupted a Shireff Court and Desireing them to remove To Which the saids pursuers answered That they were not only Called to that time and place for his majesties Service by the Shireff depute himself But that the ordinary dyet and hour of Cause of the Shireff Court was not yet come, Which begins not till after Eleven a Cloak And that the Commissioners bussines would be over before that time, And that when meetings of the shire happen at the same time with the shireff Court The Court is in use to Sitt in another roome; yet the Said Shireff depute persisted and notwithstanding of all this interuptione the Commissioners meeting was ended at Eleven a Cloak which is the ordinary hour of Cause for fenceing the Shirreff Court both by Custome and by the Eightie sixt act parliament Eleventh King James Sixth And for a furder evidence that ther was no other designe But to frustrat the meeting intended for his majesties Service The saids pursuers did meett the said Robert Douglass of Strainry and David Burgh the Countess of Rothes baillie as they came doune the stairs from the pretended meetting of thrie and so soon as the saids pursuers meetting was done, The said Shireff depute came Immediatly doune after the saids pursuers ther being no other bussines in the Shireff Court But to disappoint the meetting of the Shire, And before the saids pursuers came to Couper The said Patrick Bruce did publictly oun and declare That if the saids pursuers came before ten a Cloak they should find the doors Shutt if after he Should disapoint them another way, All which unwarrantable procedor was allowed Authorized and approven of by the Saids Margrat Countess of Rothes And John Lord Lessly, and as if the forsaid indignities done to the Cautioners of the shire to his majesties privy Councillors and officers of state and others were not Suficient The saids defenders not only oun and Justifie all that hath passed, But have raised a most Malicious and groundless process before the Lords of his majesties privy Councill against the saids pursuers as if they hade invaded and disturbed a Constitute Court of purpose to Occasione furder vexation and trouble And Therfore the persones above Complained upon Ought to be Decerned in the sum of […] for damnages and expences sustained by the saids pursuers in the forsaid unnecessar trouble and expences And farder punished in ther persons and goods to the terror of others to Comitt the like in time comeing And Anent The Charge given to the saids defenders To have Compeired personally before the saids Lords of privy Councill at ane Certaine day now bygone To have answered to the forsaid Complaint And to have heard and Seen Such order and Course taken theranent As the saids Lords Should think fitt Under the paine of rebellion and puting of them to the horn with Certification etc As in the principall Letters or Lybell of Reconvention raised in the said matter with the executione therof at more Length is Contained Which Lybell being upon the fourtein day of november instant Called in presence of the saids Lords of privy Councill, And the said Earle of Melvill, Lord privy Seall, Earle of Leven and Lord Raith Thesaurer depute having risen and removed to the foot of the Councill board and all or most of the saids pursuers Compeiring personally with Mr Hew Dalrymple Mr Rodrick Mckenzie and Mr George Alexander ther advocats And the said Countess of Rothes one of the defenders being Called But not Compeiring And the said Lord Lessly and Patrick Bruce the other two defenders Compeiring personally with Sir Patrick Home and Mr David Cuninghame ther advocats The Lybell and answers therto for the defenders being read And both parties advocats being fully heard It was put to the vote Whither admitt this Lybell of Reconvention to probatione or Advyse the probation allready adduced in the principall Lybell at the Countess of Rothes her Lybell should be advysed, And the said Lybell of Reconvention at the instance of the said Earle of Melvill Earle of Leven Lord Raith and others against the Countess of Rothes Lord Lessly and Patrick Bruce being again this day Called in presence of the saids Lords of his majesties privy Councill, And Mr Robert Whyt younger of Benochie one of the pursuers Compeiring personally with Mr George Alexander advocat his procurator all the rest being absent, And the said Lord Lessly one of the defenders Compeiring also personally with Sir Patrick Home and Mr David Cuninghame advocats for the haill defenders and the other two being absent The saids Lords haveing Considered the Lybell and answers made therto They Find the Lybell not Relevant And Therfore Have Assoylzied and heirby Assoylzies the saids defenders from the haill points and articles of the said lybell, and Declares them quyt therof and free therfrae in time comeing.

Edinburgh Tuesday 19th November 1695

D1695/11/121

Decreet

Decreet absolvitor The Countess of Rothes and others against The Earle of Melvill and others

Anent the Complaint or Lybell reconventione raised before the Lords of his Majesties privy Councill at the instance of George Earle of Melvill Lord privy Seall David Earle of Leven and Alexander Lord Raith Lord Thesaurer depute The master of Burleigh Mr James Melvill of Cassingray Mr James Melvill of Hallhill Sir James Mcgiee of Rankeillor James Lundine of Auchtermairnie George Moncreiff of Reddie Robert Hay of Strenrey John Hay of Naughtone younger Robert Douglass of Airdit James Crafurd of Mountquhany James Lundine of Straithairly Mr Robert Whyt younger of Bannochie, Alexander Melvill of Murdocairne John Lessly of quarter John Moncreiff of Mornypea Mr David Scrimgeor of Cart-moir Walter Bosswell of Balbartane James Smittoune the Lady Castlehavens baillie John Weymes younger of Bogie John Arnot of Ballcornie David Balfour of Grange James Maxwell of Leckybank and John Melvill of Carsbeirdoe with Concourse of Sir James Stewart his majesties advocat for his highnes intrest in the matter underwritten Makeing Mention That wher by the lawes and acts of parliament and the Constant Custome and practise of this and all other weell Governed nationes The Stoping hindering and interupting of persones Imployed by his majestie in the prosecution of the trust reposed upon them by the Lawes of the Nation Especially wher the persones Stoped and interupted are his majesties privy Councillors and officers of state and the bussines in which they were Imployed was towards the Collecting and ingathering of the Subsidies offered to his Majestie for the necesser defence and Suport of the Natione and Government, and the troubling mollesting and Disquesting of his majesties Leidges Especially Such as are of known integrity and Good affectione to his Majesties service and intrusted as his Majesties privy Councillors, officers of state and other Imployments of trust are Ryots and Crimes of a high nature severly punishable and all thrie are airt and part and accessory therto by hounding out or Rathihabition of these unwarrantable Deeds are punishable as the principall parties or offenders Nevertheless It is of verity That Margret Countess of Rothes John Lord Lessly and Patrick Bruce of Brinzeon ther Shireff Depute in the Shire of Fyfe are Guilty or airt and pairt therof In so farr as The Slateing ordering and uplifting of the pole Imposed by the Last Session of this Curent parliament Being Remitted to the Commissioners of assessment and ther quorum, according to the rules exprest in the act of parliament and proclamationes of privy Councill And the Commissioners of the Shyr of Fyfe haveing accordingly mett and given order for making and reporting of Lists of Poleable persones, Ther was another dyet appointed to meet at Couper the thrid Tuesday of October last, And whatever differences were amongst the Commissioners of the said Shire, yet all did agree that their should be a meetting upon the said thrid Tuesday of October, And the said Patrick Bruce was not Suficiently authorized to that effect yet he did advertise the severall Commissioners of the dyet by missive letters Shewing that he was appointed by the last meeting to acquaint the saids Commissioners that the nixt meeting was to be upon the thrid Tusday of October at the ordinary time and place of meeting for receiving in Lists and Laying doun Such other methods as might best Conduce for the Collecting and ingathering of the pole, And that it was expected the Commissioners would keep that dyet And all the saids pursuers haveing repaired to the ordinary place at the ordinary time of meetting the said day In prosecution and Discharge of thr dutie and trust, They entered to the high Tolbooth the ordinary place of Meeting precisly at ten of the Cloak which was the usuall hour as was expressly in former advertisments, And the said Patrick Bruce haveing aby end and designe to give other directions in relation to the Collection of the said pole then would be acceptable to the plurallity of the said Shire And understanding that many Commissioners were a comeing that would not agree to these by ends and designes He with other two Commissioners Viz Robert Douglas of Strenry and David Burgh the said Countes of Rothes her baillie Did take upon them to Choise a process and act as a meetting of the Shyre by anticipatione before the ordinary time and before the saids pursuers Could be present of purpose to eleid the designe of the Meeting and that the matter might not be ordered according to the inclynation of the plurality of the Shyre but reflecting a litle that the saids pursuers who were a Coming being a full meeting of the Shyre would easily Over rule What a paikt meeting of thrie hade done by anticipation and understanding that the saids pursuers were allready come to the foot of the stair Which leads to the usuall place of meetting The said pretended meetting of thrie Dissolved and the said Shireff depute designing to put ane indignity and affront upon the saids pursuers Did take upon him to hold a Schame Shireff2 Court and went to the burgh in such a hast That he hade scarce time to fence the Court before they were entred and when the saids pursuers came in they were Surprized to see the said Patrick Bruce Sitting in that place and tho the Clerk went aside and that ther was no bussines a doeing or ready to be done yet he satt still useing indecent expressiones and behavior and pretending that the said pursuers hade interupted a Shireff Court and Desireing them to remove To Which the saids pursuers answered That they were not only Called to that time and place for his majesties Service by the Shireff depute himself But that the ordinary dyet and hour of Cause of the Shireff Court was not yet come, Which begins not till after Eleven a Cloak And that the Commissioners bussines would be over before that time, And that when meetings of the shire happen at the same time with the shireff Court The Court is in use to Sitt in another roome; yet the Said Shireff depute persisted and notwithstanding of all this interuptione the Commissioners meeting was ended at Eleven a Cloak which is the ordinary hour of Cause for fenceing the Shirreff Court both by Custome and by the Eightie sixt act parliament Eleventh King James Sixth And for a furder evidence that ther was no other designe But to frustrat the meeting intended for his majesties Service The saids pursuers did meett the said Robert Douglass of Strainry and David Burgh the Countess of Rothes baillie as they came doune the stairs from the pretended meetting of thrie and so soon as the saids pursuers meetting was done, The said Shireff depute came Immediatly doune after the saids pursuers ther being no other bussines in the Shireff Court But to disappoint the meetting of the Shire, And before the saids pursuers came to Couper The said Patrick Bruce did publictly oun and declare That if the saids pursuers came before ten a Cloak they should find the doors Shutt if after he Should disapoint them another way, All which unwarrantable procedor was allowed Authorized and approven of by the Saids Margrat Countess of Rothes And John Lord Lessly, and as if the forsaid indignities done to the Cautioners of the shire to his majesties privy Councillors and officers of state and others were not Suficient The saids defenders not only oun and Justifie all that hath passed, But have raised a most Malicious and groundless process before the Lords of his majesties privy Councill against the saids pursuers as if they hade invaded and disturbed a Constitute Court of purpose to Occasione furder vexation and trouble And Therfore the persones above Complained upon Ought to be Decerned in the sum of […] for damnages and expences sustained by the saids pursuers in the forsaid unnecessar trouble and expences And farder punished in ther persons and goods to the terror of others to Comitt the like in time comeing And Anent The Charge given to the saids defenders To have Compeired personally before the saids Lords of privy Councill at ane Certaine day now bygone To have answered to the forsaid Complaint And to have heard and Seen Such order and Course taken theranent As the saids Lords Should think fitt Under the paine of rebellion and puting of them to the horn with Certification etc As in the principall Letters or Lybell of Reconvention raised in the said matter with the executione therof at more Length is Contained Which Lybell being upon the fourtein day of november instant Called in presence of the saids Lords of privy Councill, And the said Earle of Melvill, Lord privy Seall, Earle of Leven and Lord Raith Thesaurer depute having risen and removed to the foot of the Councill board and all or most of the saids pursuers Compeiring personally with Mr Hew Dalrymple Mr Rodrick Mckenzie and Mr George Alexander ther advocats And the said Countess of Rothes one of the defenders being Called But not Compeiring And the said Lord Lessly and Patrick Bruce the other two defenders Compeiring personally with Sir Patrick Home and Mr David Cuninghame ther advocats The Lybell and answers therto for the defenders being read And both parties advocats being fully heard It was put to the vote Whither admitt this Lybell of Reconvention to probatione or Advyse the probation allready adduced in the principall Lybell at the Countess of Rothes her Lybell should be advysed, And the said Lybell of Reconvention at the instance of the said Earle of Melvill Earle of Leven Lord Raith and others against the Countess of Rothes Lord Lessly and Patrick Bruce being again this day Called in presence of the saids Lords of his majesties privy Councill, And Mr Robert Whyt younger of Benochie one of the pursuers Compeiring personally with Mr George Alexander advocat his procurator all the rest being absent, And the said Lord Lessly one of the defenders Compeiring also personally with Sir Patrick Home and Mr David Cuninghame advocats for the haill defenders and the other two being absent The saids Lords haveing Considered the Lybell and answers made therto They Find the Lybell not Relevant And Therfore Have Assoylzied and heirby Assoylzies the saids defenders from the haill points and articles of the said lybell, and Declares them quyt therof and free therfrae in time comeing.

1. NRS, PC2/26, 25r-27v.

2. Insertion.

1. NRS, PC2/26, 25r-27v.

2. Insertion.

Sederunt, 19 November 1695, Edinburgh

Posted on by

Edinburgh Tuesday 19th November 16951

D1695/11/112

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Forfar; Lord Yester; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Enstruther; Mr Fra: Montgomry; Laird of Stivenson; Laird of Leyes; Laird of Pollock; The Provest of Edinburgh

Edinburgh Tuesday 19th November 16951

D1695/11/112

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Forfar; Lord Yester; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Enstruther; Mr Fra: Montgomry; Laird of Stivenson; Laird of Leyes; Laird of Pollock; The Provest of Edinburgh

1. NRS, PC2/26, 25r.

2. NRS, PC2/26, 25r.

1. NRS, PC2/26, 25r.

2. NRS, PC2/26, 25r.

Procedure, 14 November 1695, Edinburgh

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Edinburgh Thursday 14th November 1695

D1695/11/101

Procedure

Recomendation The Lord Advocat To wryt to the Commissioners of Justiciary for the District of Inverness anent Lochell and others

The Lords of his Majesties privy Councill haveing heard a petition given in to them be Sir Even Campbell of Lochell and severall others who are cited before the Commission of Justiciary for the districk of Innvernes for Murder and other Crymes alledged Committed in the year Eightie Nyne with a Counter petition be Lodovick Grant of that ilk Read in ther presence and haveing Considered both petitiones, They heirby Recomend to Sir James Stewart his majesties advocat to write to the Commissioners of Justiciary for the District of Innverness, Before whom the proces at the instance of the Laird of Grant and others against the said of Lochell and others for murdering of James Grant of Schongollie and other persones therin named and for the other Crymes therin mentioned Is raised intimating to them that the saids Lords of his majesties privy Councill Doe Requyre the saids Commissioners to Continue the dyet appointed in the said process without Calling or proceiding therin, untill the saids Lords be furder informed by these Concerned of the Crimes Charged and Circumstances therof and give new orders theranent and in the mean time allowes the Laird of Grant to See and answer the petition given in for the Laird of Lochell.

Edinburgh Thursday 14th November 1695

D1695/11/101

Procedure

Recomendation The Lord Advocat To wryt to the Commissioners of Justiciary for the District of Inverness anent Lochell and others

The Lords of his Majesties privy Councill haveing heard a petition given in to them be Sir Even Campbell of Lochell and severall others who are cited before the Commission of Justiciary for the districk of Innvernes for Murder and other Crymes alledged Committed in the year Eightie Nyne with a Counter petition be Lodovick Grant of that ilk Read in ther presence and haveing Considered both petitiones, They heirby Recomend to Sir James Stewart his majesties advocat to write to the Commissioners of Justiciary for the District of Innverness, Before whom the proces at the instance of the Laird of Grant and others against the said of Lochell and others for murdering of James Grant of Schongollie and other persones therin named and for the other Crymes therin mentioned Is raised intimating to them that the saids Lords of his majesties privy Councill Doe Requyre the saids Commissioners to Continue the dyet appointed in the said process without Calling or proceiding therin, untill the saids Lords be furder informed by these Concerned of the Crimes Charged and Circumstances therof and give new orders theranent and in the mean time allowes the Laird of Grant to See and answer the petition given in for the Laird of Lochell.

1. NRS, PC2/26, 24v.

1. NRS, PC2/26, 24v.

Decreet, 14 November 1695, Edinburgh

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Edinburgh Thursday 14th November 1695

D1695/11/91

Decreet

Decreit the Countess of Rothes and others Against the Earle of Melvill and others

Anent our Soveraigne Lords letters or Lybell raised before the Lords of his majesties privy Councill at the instance of Margret Countess of Rothes and John Lord Lessly her sone heritable shirreffs of the shirrefdome of Fyfe and Patrick Bruce of Bumzeon ther depute with Concourse of Sir James Stewart his Majesties Advocat for highnes intrest in the matter underwritten Making Mention That wher albeit by Constant Law and practiq of this and all other weell governed kingdomes, The invading and disturbing his majesties leidges and Ministers of Law in the exercise of their office and the disturbing and disolveing of Courts of Justice Legally fenced in his2 Majesties name and authoritie Be Crimes of ane high nature and Severly punishable Especially when the same is done in a Tumultuary maner and be way of Convocation of armed men and by the hundred and Fourth act parliament 14th King James 3d It is Expressly Statute that when any party shall come to Court be way of Gathering and Convocation, The Shireff and his deputs shall in his Majesties name Charge them to disipat and retire And in case of ther refuseall to Cease and to disist the Court for that day and ther said refuseall and disobedience being ther after Complained off and proven against them That the said disobeyers be punished in ther persones and goods in maner therin sett doune As also by the hundred and Seventie thrid act parliament 13th James 6th It is expressly Statute and ordained That whosoever shall Strick hurt or do violence to any person in open Court before any of his majesties Judges sitting upon the Bench, They shall be Severly punished by Imprisonment and otherwayes in maner specified in the said act Nevertheless It is of verity That George Earle of Melvill Lord privy Seall David Earle of Leven, and Alexander Lord Raith Lord Thesaurer Depute, The master of Buccleuch The Laird of Cassengray, Mr James Melvill of Hullhill Sir James Mcgill of Rankeillor, James Lundy of Auchtermains George Moncreiff of Reddie, Robert Hay of Strecie John Hay of Naughton younger Robert Douglass of Airdit, James Crafurd of Mountwhany James Lundine of Straithairly Mr Robert Whyt younger of Bennochie, Alexander Melvill of Murdoecaine John Lessly of Quarter John Moncriff of Murriepae Mr David Scrymgeor of Cartinmore, Walter Bosswall of Ballbartine, James Smittoune The Lady Castlehavens baillie John Weymes younger of Bogy John Arnot of Balcourno David Balfour of Grainge, James Maxwell of Fleckibank John Melvill of Carsbeirdy John Orrock pretended Clerk of the supply and John Crafurd younger of Montquhamy are Guilty of and hath presumed to Comitt the forsaid Crimes In so farr as The said Patrick Bruce of Bumzion as shireff depute of Fyfe leggally Authorized by the saids Margret Countes of Rothes and John Lord Lessly her sone haveing come upon the fiftein day of October instent to the Tolbooth of Couper and Seatted himself upon the bench about ten a Cloack and haveing fenced a Court in the said pursuers names and being in the exercise of his office Ministring Justice to his Majesties people and many persons pursuers and defenders with ther respective procurators And the Shireff Clerk and all other members of Court being then present and Conveened attending ther busines in ther queit and orderly maner as use was True It is That the persone above Complained upon with a great number of ther associats and attendents all armed with Swords etc To the number of Threttie Fourtie or fifty persones, Did in a most rude and tumultary maner entered the said3 Court And without Leave asked or given Did press Straight forward to the Bench wher the said Patrick Bruce was then sitting in Judgment as said is and did by open force and violence dispossess ther procurators and other members of Court from the ordinary seats and places Allowed to them for Discharging their duties of their respective Imployments in the said Shireff Court, And albeit the said Patrick Bruce as shiref depute Did in his majesties name and in a most Civill and oblidging maner Desire the forsaids persones to forebear for some litle time untill some bussiness then in Agitation before him were determined and ended promiseing to make the Court void to them within a very short space yet the saids persones above Complained upon Did absolutely refuse to Comply with his so Just and reasonable Desire, But on the Contrary still persisted in their said rude and Illegall violence untill they thrust all the members of Court from their Seatts and places as said is, And Likewayes violently thrust all the other persones attending the Court to such a distance from the Bench that they were neither able to hear the Shirreff depute nor he to hear them useing many Minaces and threatnings to them in the mean time in cace they Should not instantly remove and leave the Court Wherby the Shirreff depute was most Illegally interrupted and debarred from the administration of Justice to his majesties people at the time and forced to ryss from the bench and protest against them for their forsaid violence and intrussion upon the Shirreff Court in maner forsaid, Off Which Crimes abovewritten the haill persones above Complained upon are guilty as actors at least as airt and part of the same And Therfore Ought to be punished in ther persone and goods to the terror and example of others to doe or Comitt the like in time comeing And Anent the Charge given to the haill forenamed persones defenders To have Compeired personally before the saids Lords at ane Certaine day now by gone To have answered to the forsaid Complaint And to have heard and seen such order and Course taken theranent as the saids Lords Should think fitt under the paine of Rebellion and puting of them to the horn with Certification etc As in the principall letters or Lybell raised in the said matter and executiones therof at more length is Contained Which Lybell being upon the Seventh day of november instant Called in presence of the saids Lords of his majesties privy Councill And the said Lord Lessly and Patrick Bruce of Bumzion two of the pursuers Compeiring personally with Sir Patrick Home and Mr David Cuninghame ther advocats and the Lord privy Seall The Earle of Leven Lord Raith thesaurer depute being present at the Councill board did remove to the Foot of the Table and Mr James Melvill of Halhill and the rest of the wholl defenders at least the most part of them Compeiring personally with Mr Hew Dalrymple, Mr Rory Mckenzie and Mr George Alexander ther advocats The Lybell being read and both parties advocats fully heard The Earle of Leven gave in a decline against the Lord Yester, Lord Justice Clerk and Enstruther Mr Frances Montgomry and Sir Robert Sinclair of Stivensone Which being Considered be the Councill They Refused to Sustaine the same. In Respect It does not meet any of the4 Cases in the act of parliament anent Declynators And the saids Lords having Considered the said lybell They admitt the same to the pursuers probation And the wholl witnesses Cited and Called being present and having made faith the Councill Nominats and appoints the Earle of Forfar Lords Murray and Carmicheall and Sir Thomas Burnet of Leyes to be a Comittie for examineing of the saids witnesses to be proponed and Discussed before the Committie And appoints the Committie to meet the morow at ten in the forenoon And Declares any two of them to be a suficient quorum and in the mean time Recomends to them to Setle and agree the parties and incase of deficultie to report to the Councill, And the said Comittie having mett the pursuers adduced diverse and Sundrie famous witnesses for proveing the points of the said Lybell Who being all Solemnly Sworne and examined before the said Comittie Deponed and Declaired as their oathes and depositiones extant in process bears And The Saids Lords of his Majesties privy Councill Having this day advysed the probatione and Considered the depositiones of the witnesses adduced be the pursuers in this Cause They Fand the Lybell proven as to the interupting of the Shirreff Court of Fyfe after the Court was fenced And Therfore They heirby Decerne and Ordaine The Earle of Melvill Lord privy Seall The Earle of Leven and Lord Raith thesaurer Depute to goe to the Countess of Rothes pursuer betwixt and Tuesday nixt and in presence of the Lord Murray – and Sir Thomas Burnet of Leyes two of the Lords of his majesties privy Councill To Declair that they intended no injury nor offence to her Ladyship or her right or his Majesties jurisdictione by what hapned in the said Shireff Court upon the fiftein of october Last And Ordaines John Brock one of the defenders instantly to be Caried prisoner to the Tolbooth of Edinburgh To remaine dureing the Councills pleasure And Decernes and Ordaines Mr James Melvill of Halhill George Moncreif of Reddie John Hay younger of Naughtoune James Lundie of Auchtermerine and Sir James Mcgill of Rankeillor to make payment of the sum of Two hundred punds Scots money equally amongst them being Fourtie pund for each of them to the said Countess of Rothes pursuer for the expences Sustained by them in this process And ordaines letters of horning on fiftein dayes to be direct heiron against the saids five defenders Imediatly abovenamed for payment of the saids Two hundred punds as above Decerned for and others upon the premisses if need beis in forme as effeirs.

Edinburgh Thursday 14th November 1695

D1695/11/91

Decreet

Decreit the Countess of Rothes and others Against the Earle of Melvill and others

Anent our Soveraigne Lords letters or Lybell raised before the Lords of his majesties privy Councill at the instance of Margret Countess of Rothes and John Lord Lessly her sone heritable shirreffs of the shirrefdome of Fyfe and Patrick Bruce of Bumzeon ther depute with Concourse of Sir James Stewart his Majesties Advocat for highnes intrest in the matter underwritten Making Mention That wher albeit by Constant Law and practiq of this and all other weell governed kingdomes, The invading and disturbing his majesties leidges and Ministers of Law in the exercise of their office and the disturbing and disolveing of Courts of Justice Legally fenced in his2 Majesties name and authoritie Be Crimes of ane high nature and Severly punishable Especially when the same is done in a Tumultuary maner and be way of Convocation of armed men and by the hundred and Fourth act parliament 14th King James 3d It is Expressly Statute that when any party shall come to Court be way of Gathering and Convocation, The Shireff and his deputs shall in his Majesties name Charge them to disipat and retire And in case of ther refuseall to Cease and to disist the Court for that day and ther said refuseall and disobedience being ther after Complained off and proven against them That the said disobeyers be punished in ther persones and goods in maner therin sett doune As also by the hundred and Seventie thrid act parliament 13th James 6th It is expressly Statute and ordained That whosoever shall Strick hurt or do violence to any person in open Court before any of his majesties Judges sitting upon the Bench, They shall be Severly punished by Imprisonment and otherwayes in maner specified in the said act Nevertheless It is of verity That George Earle of Melvill Lord privy Seall David Earle of Leven, and Alexander Lord Raith Lord Thesaurer Depute, The master of Buccleuch The Laird of Cassengray, Mr James Melvill of Hullhill Sir James Mcgill of Rankeillor, James Lundy of Auchtermains George Moncreiff of Reddie, Robert Hay of Strecie John Hay of Naughton younger Robert Douglass of Airdit, James Crafurd of Mountwhany James Lundine of Straithairly Mr Robert Whyt younger of Bennochie, Alexander Melvill of Murdoecaine John Lessly of Quarter John Moncriff of Murriepae Mr David Scrymgeor of Cartinmore, Walter Bosswall of Ballbartine, James Smittoune The Lady Castlehavens baillie John Weymes younger of Bogy John Arnot of Balcourno David Balfour of Grainge, James Maxwell of Fleckibank John Melvill of Carsbeirdy John Orrock pretended Clerk of the supply and John Crafurd younger of Montquhamy are Guilty of and hath presumed to Comitt the forsaid Crimes In so farr as The said Patrick Bruce of Bumzion as shireff depute of Fyfe leggally Authorized by the saids Margret Countes of Rothes and John Lord Lessly her sone haveing come upon the fiftein day of October instent to the Tolbooth of Couper and Seatted himself upon the bench about ten a Cloack and haveing fenced a Court in the said pursuers names and being in the exercise of his office Ministring Justice to his Majesties people and many persons pursuers and defenders with ther respective procurators And the Shireff Clerk and all other members of Court being then present and Conveened attending ther busines in ther queit and orderly maner as use was True It is That the persone above Complained upon with a great number of ther associats and attendents all armed with Swords etc To the number of Threttie Fourtie or fifty persones, Did in a most rude and tumultary maner entered the said3 Court And without Leave asked or given Did press Straight forward to the Bench wher the said Patrick Bruce was then sitting in Judgment as said is and did by open force and violence dispossess ther procurators and other members of Court from the ordinary seats and places Allowed to them for Discharging their duties of their respective Imployments in the said Shireff Court, And albeit the said Patrick Bruce as shiref depute Did in his majesties name and in a most Civill and oblidging maner Desire the forsaids persones to forebear for some litle time untill some bussiness then in Agitation before him were determined and ended promiseing to make the Court void to them within a very short space yet the saids persones above Complained upon Did absolutely refuse to Comply with his so Just and reasonable Desire, But on the Contrary still persisted in their said rude and Illegall violence untill they thrust all the members of Court from their Seatts and places as said is, And Likewayes violently thrust all the other persones attending the Court to such a distance from the Bench that they were neither able to hear the Shirreff depute nor he to hear them useing many Minaces and threatnings to them in the mean time in cace they Should not instantly remove and leave the Court Wherby the Shirreff depute was most Illegally interrupted and debarred from the administration of Justice to his majesties people at the time and forced to ryss from the bench and protest against them for their forsaid violence and intrussion upon the Shirreff Court in maner forsaid, Off Which Crimes abovewritten the haill persones above Complained upon are guilty as actors at least as airt and part of the same And Therfore Ought to be punished in ther persone and goods to the terror and example of others to doe or Comitt the like in time comeing And Anent the Charge given to the haill forenamed persones defenders To have Compeired personally before the saids Lords at ane Certaine day now by gone To have answered to the forsaid Complaint And to have heard and seen such order and Course taken theranent as the saids Lords Should think fitt under the paine of Rebellion and puting of them to the horn with Certification etc As in the principall letters or Lybell raised in the said matter and executiones therof at more length is Contained Which Lybell being upon the Seventh day of november instant Called in presence of the saids Lords of his majesties privy Councill And the said Lord Lessly and Patrick Bruce of Bumzion two of the pursuers Compeiring personally with Sir Patrick Home and Mr David Cuninghame ther advocats and the Lord privy Seall The Earle of Leven Lord Raith thesaurer depute being present at the Councill board did remove to the Foot of the Table and Mr James Melvill of Halhill and the rest of the wholl defenders at least the most part of them Compeiring personally with Mr Hew Dalrymple, Mr Rory Mckenzie and Mr George Alexander ther advocats The Lybell being read and both parties advocats fully heard The Earle of Leven gave in a decline against the Lord Yester, Lord Justice Clerk and Enstruther Mr Frances Montgomry and Sir Robert Sinclair of Stivensone Which being Considered be the Councill They Refused to Sustaine the same. In Respect It does not meet any of the4 Cases in the act of parliament anent Declynators And the saids Lords having Considered the said lybell They admitt the same to the pursuers probation And the wholl witnesses Cited and Called being present and having made faith the Councill Nominats and appoints the Earle of Forfar Lords Murray and Carmicheall and Sir Thomas Burnet of Leyes to be a Comittie for examineing of the saids witnesses to be proponed and Discussed before the Committie And appoints the Committie to meet the morow at ten in the forenoon And Declares any two of them to be a suficient quorum and in the mean time Recomends to them to Setle and agree the parties and incase of deficultie to report to the Councill, And the said Comittie having mett the pursuers adduced diverse and Sundrie famous witnesses for proveing the points of the said Lybell Who being all Solemnly Sworne and examined before the said Comittie Deponed and Declaired as their oathes and depositiones extant in process bears And The Saids Lords of his Majesties privy Councill Having this day advysed the probatione and Considered the depositiones of the witnesses adduced be the pursuers in this Cause They Fand the Lybell proven as to the interupting of the Shirreff Court of Fyfe after the Court was fenced And Therfore They heirby Decerne and Ordaine The Earle of Melvill Lord privy Seall The Earle of Leven and Lord Raith thesaurer Depute to goe to the Countess of Rothes pursuer betwixt and Tuesday nixt and in presence of the Lord Murray – and Sir Thomas Burnet of Leyes two of the Lords of his majesties privy Councill To Declair that they intended no injury nor offence to her Ladyship or her right or his Majesties jurisdictione by what hapned in the said Shireff Court upon the fiftein of october Last And Ordaines John Brock one of the defenders instantly to be Caried prisoner to the Tolbooth of Edinburgh To remaine dureing the Councills pleasure And Decernes and Ordaines Mr James Melvill of Halhill George Moncreif of Reddie John Hay younger of Naughtoune James Lundie of Auchtermerine and Sir James Mcgill of Rankeillor to make payment of the sum of Two hundred punds Scots money equally amongst them being Fourtie pund for each of them to the said Countess of Rothes pursuer for the expences Sustained by them in this process And ordaines letters of horning on fiftein dayes to be direct heiron against the saids five defenders Imediatly abovenamed for payment of the saids Two hundred punds as above Decerned for and others upon the premisses if need beis in forme as effeirs.

1. NRS, PC2/26, 21v.

2. Written over the word ‘their’.

3. Insertion.

4. An illegible word scored out here.

1. NRS, PC2/26, 21v.

2. Written over the word ‘their’.

3. Insertion.

4. An illegible word scored out here.

Procedure: judicial proceedings, 14 November 1695, Edinburgh

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Edinburgh Thursday 14th November 1695

D1695/11/81

Procedure: judicial proceedings

Sist upon bills of Suspensiones

The Councill Sists execution upon the bills of Suspension at the instance of the persones following Viz the toune of Newburgh against Lundy of Drums, The Countess of Callender against the Earle of Callander, Paterson and others against Mr Jack, The magistrats of Air against his majesties Solicitor and Even against Garden and others untill answers be given in to the saids bills and the answers which are given in or shall be given in therto be Advised and interloquitors pronunced therin.

Edinburgh Thursday 14th November 1695

D1695/11/81

Procedure: judicial proceedings

Sist upon bills of Suspensiones

The Councill Sists execution upon the bills of Suspension at the instance of the persones following Viz the toune of Newburgh against Lundy of Drums, The Countess of Callender against the Earle of Callander, Paterson and others against Mr Jack, The magistrats of Air against his majesties Solicitor and Even against Garden and others untill answers be given in to the saids bills and the answers which are given in or shall be given in therto be Advised and interloquitors pronunced therin.

1. NRS, PC2/26, 21v-24v.

1. NRS, PC2/26, 21v-24v.

Procedure: judicial proceedings, 14 November 1695, Edinburgh

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Edinburgh Thursday 14th November 1695

D1695/11/71

Procedure: judicial proceedings

Vote anent the process betwixt the Countess of Rothes And the Earl of Melvill and others

Lybell the Earle of Meville Lord privy Seall Earle of Leven Lord Raith Thesaurer depute and others Against the Countes of Rothes Lord Lessly and Patrick Bruce of Bunzeon Shireff depute of Fife Being Called And the said Earle of Melvill Lord privy seall The Earl of Leven and Lord Raith thesaurer depute having risen and removed to the foot of the Councill board and all or most of the saids persewers Compearing personally with Mr Hew Dalrymple Mr Rorie McKenzie and Mr George Alexander ther advocats as the saids Countes of Rothes one of the defenders being Called bot not Compeiring And the said Lord Lessly and Patrick Bruce the other tuo defenders Compeiring personally with Sir Patrick Home and Mr David Cuninghame their advocats The Lybell and answers therto for the defenders being read, and both parties Advocats being fully heard, And it was put to the Vote Whither admitt this Lybell of reconventione to probatione or advyse the probation allredy adduced in the principall Lybell at the Countes of Rothes her instance against thir pursuers And was Caried that the probation adduced upon the Countes of Rothes her Lybell Should be advysed.

Edinburgh Thursday 14th November 1695

D1695/11/71

Procedure: judicial proceedings

Vote anent the process betwixt the Countess of Rothes And the Earl of Melvill and others

Lybell the Earle of Meville Lord privy Seall Earle of Leven Lord Raith Thesaurer depute and others Against the Countes of Rothes Lord Lessly and Patrick Bruce of Bunzeon Shireff depute of Fife Being Called And the said Earle of Melvill Lord privy seall The Earl of Leven and Lord Raith thesaurer depute having risen and removed to the foot of the Councill board and all or most of the saids persewers Compearing personally with Mr Hew Dalrymple Mr Rorie McKenzie and Mr George Alexander ther advocats as the saids Countes of Rothes one of the defenders being Called bot not Compeiring And the said Lord Lessly and Patrick Bruce the other tuo defenders Compeiring personally with Sir Patrick Home and Mr David Cuninghame their advocats The Lybell and answers therto for the defenders being read, and both parties Advocats being fully heard, And it was put to the Vote Whither admitt this Lybell of reconventione to probatione or advyse the probation allredy adduced in the principall Lybell at the Countes of Rothes her instance against thir pursuers And was Caried that the probation adduced upon the Countes of Rothes her Lybell Should be advysed.

1. NRS, PC2/26, 21v.

1. NRS, PC2/26, 21v.

Sederunt, 14 November 1695, Edinburgh

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Edinburgh Thursday 14th November 16951

D1695/11/62

Sederunt

Lord Chancelor; Earl of Mellvill P.S:; Duke of Queensberry; Earl of Southerland; Earl of Leven; Earl of Forfar; Lord Murray; Lord Yester; Viscount Tarbat; Lord Raith T:D:; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Enstruther; Mr Fr: Montgomrie; Laird of Leyes; Laird of Pollock; Provest of Edinburgh

Edinburgh Thursday 14th November 16951

D1695/11/62

Sederunt

Lord Chancelor; Earl of Mellvill P.S:; Duke of Queensberry; Earl of Southerland; Earl of Leven; Earl of Forfar; Lord Murray; Lord Yester; Viscount Tarbat; Lord Raith T:D:; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Enstruther; Mr Fr: Montgomrie; Laird of Leyes; Laird of Pollock; Provest of Edinburgh

1. NRS, PC2/27, 21r.

2. NRS, PC2/26, 21r.

1. NRS, PC2/27, 21r.

2. NRS, PC2/26, 21r.