Tag Archives: November

Act, 27 November 1694, Edinburgh

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Edinburgh The Twentie seventh day of November Jaj vjc nyntie four years

D1694/11/221

Act

Act and Remit The Lady Tyrie contra Gordon of Techmurie

Anent the lybell or sumonds raised and pursued before the Lords of their majesties privy Councill at the instance of Christian Abercrombie relict of the deceast Alexander Frazer of Tyrie Thomas Crowden in Ord tennent to the said Christian and […] webster his spouse and Sir James Stewart their Majesties advocat for their highnes intrest in the matter underwritten Mentioning That quher by the Comon law of this and all other weell governed realmes and by the Constant practique of this kingdome the violent and unwarrantable seizing or Causeing seize and apprehend their majesties free leidges without any order of Law or any legall dilligence whatsomever, And the intiseing and inciteing of tennents to leave their masters and goe to other mens ground and Forging and falsifeing writtes or oblidgments against them for that effect as if they hade Consented to the same, of their oun accord or by their oun hand writt of designe to Occasione stiff betwixt the master and the tennent and likewayes the wounding blooding and bruising especially under horss foot and designedly by ryding over them particularly women who are of the more weak and tender degree Be all Crymes of ane high nature And Severly punishable nevertheless It is of verity That James Gordon of Techmurie did Command and give order to John Yuill in Macna William Andersone in Miltaile, James Murisone in Burntack James Anderson ther Peeter Yeat ther and Alexander Andersone servant to Techmurie upon the fifth day of march last or one or Other of the dayes of the said moneth Come to the house of the said Thomas Crowden the pursuers tennent who Sumarly seized and apprehended his persones and Caried him prisoner to the house of Techmurie without any Captione, or any other legall Dilligence or order of Law whatsomever wher they detained him for some time, And therafter the said Gordon of Techmurie with the Other persones abovenamed Caried him prisoner from the said house of Techmurie to the toune of Aberdeen wher they likewayes keeped him prisoner for some dayes and his said Spouse haveing gott notice that the saids persones hade so unjustly and so Illegally seised upon and Caried away her said husband prisoner in maner forsaid did come to the said Gordon of Techmurie when he was on the way Carieing her husband to Aberdeen, and demanded of him by what authoritie or order he hade so seized and Imprisoned her said husband, wherupon the said Techmurie not only abused her with many base and opprobreous expressiones not fitt to be repeated But put the spurrs to his horss and most un Christianly and unhumanly trampled her under his horse foot untill she was almost dead and wounded and bruised her so that she was hardly able to recover her self from the ground, and farder the said Gordon of Techmurie has Counterfitt forged made up and devised ane pretended minute betwixt the said Thomas Crowden and him wherby the said Thomas is oblidged to acept of ane tack from the said Techmurie and renounce the tack from the pursuer And has by himself or some others, at his desire, forged and Caused put to the name of the said Thomas Crowden to the said minute, Wheras it is notourly knowen to the wholl Countrey that the said Thomas can neither read nor writt and which minute is written by Techmuries oun hand and has therupon stollen out a decret before the shireff of Aberdeen and has raised horning theron, and now Charged the said Thomas upon the same, By all which the said Techmurie and other persones abovenamed his accomplices are guilty of the forsaids Crymes or airt and pairt therof, and being so found ought and should be punished in their persones and goods to the terror of others to Comitt and doe the like in time comeing And Anent the Charge given to the saids defenders To have Compeired before the saids Lords at ane Certaine day now bygone and to have answered to the above Complaint and to have heard and seen such order and Course taken theranent as appertains under the paine of Rebellion with Certificatione etc as the said Lybell and executiones therof more fully proports The Which lybell being Called in presence of the saids Lords and the haill pursuers being all absent And Sir Patrick Home Compeiring as Advocat for them, And the said Laird of Techmurie Compeiring personally and all the rest of the said defenders being absent and Sir James Ogilvie and William Black Compeiring as advocats for the haill defenders The saids Lords of their majesties privy Councill Continued the forsaid Lybell untill ane Certain day now bygone and appointed both parties and witnesses to attend that day of Compeirance in the additionall Lybell and the saids Lords haveing this day againe Considered the forsaid Lybell at the instance of the above Lady Tyrie and Thomas Crowden and […] Webster his Spouse against the above James Gordon of Techmurie and others They heirby Remitt the shireff principall of the shyre of Aberdeen and his deputs to hear the parties and determine in the matter Lybelled as accords in law.

Edinburgh The Twentie seventh day of November Jaj vjc nyntie four years

D1694/11/221

Act

Act and Remit The Lady Tyrie contra Gordon of Techmurie

Anent the lybell or sumonds raised and pursued before the Lords of their majesties privy Councill at the instance of Christian Abercrombie relict of the deceast Alexander Frazer of Tyrie Thomas Crowden in Ord tennent to the said Christian and […] webster his spouse and Sir James Stewart their Majesties advocat for their highnes intrest in the matter underwritten Mentioning That quher by the Comon law of this and all other weell governed realmes and by the Constant practique of this kingdome the violent and unwarrantable seizing or Causeing seize and apprehend their majesties free leidges without any order of Law or any legall dilligence whatsomever, And the intiseing and inciteing of tennents to leave their masters and goe to other mens ground and Forging and falsifeing writtes or oblidgments against them for that effect as if they hade Consented to the same, of their oun accord or by their oun hand writt of designe to Occasione stiff betwixt the master and the tennent and likewayes the wounding blooding and bruising especially under horss foot and designedly by ryding over them particularly women who are of the more weak and tender degree Be all Crymes of ane high nature And Severly punishable nevertheless It is of verity That James Gordon of Techmurie did Command and give order to John Yuill in Macna William Andersone in Miltaile, James Murisone in Burntack James Anderson ther Peeter Yeat ther and Alexander Andersone servant to Techmurie upon the fifth day of march last or one or Other of the dayes of the said moneth Come to the house of the said Thomas Crowden the pursuers tennent who Sumarly seized and apprehended his persones and Caried him prisoner to the house of Techmurie without any Captione, or any other legall Dilligence or order of Law whatsomever wher they detained him for some time, And therafter the said Gordon of Techmurie with the Other persones abovenamed Caried him prisoner from the said house of Techmurie to the toune of Aberdeen wher they likewayes keeped him prisoner for some dayes and his said Spouse haveing gott notice that the saids persones hade so unjustly and so Illegally seised upon and Caried away her said husband prisoner in maner forsaid did come to the said Gordon of Techmurie when he was on the way Carieing her husband to Aberdeen, and demanded of him by what authoritie or order he hade so seized and Imprisoned her said husband, wherupon the said Techmurie not only abused her with many base and opprobreous expressiones not fitt to be repeated But put the spurrs to his horss and most un Christianly and unhumanly trampled her under his horse foot untill she was almost dead and wounded and bruised her so that she was hardly able to recover her self from the ground, and farder the said Gordon of Techmurie has Counterfitt forged made up and devised ane pretended minute betwixt the said Thomas Crowden and him wherby the said Thomas is oblidged to acept of ane tack from the said Techmurie and renounce the tack from the pursuer And has by himself or some others, at his desire, forged and Caused put to the name of the said Thomas Crowden to the said minute, Wheras it is notourly knowen to the wholl Countrey that the said Thomas can neither read nor writt and which minute is written by Techmuries oun hand and has therupon stollen out a decret before the shireff of Aberdeen and has raised horning theron, and now Charged the said Thomas upon the same, By all which the said Techmurie and other persones abovenamed his accomplices are guilty of the forsaids Crymes or airt and pairt therof, and being so found ought and should be punished in their persones and goods to the terror of others to Comitt and doe the like in time comeing And Anent the Charge given to the saids defenders To have Compeired before the saids Lords at ane Certaine day now bygone and to have answered to the above Complaint and to have heard and seen such order and Course taken theranent as appertains under the paine of Rebellion with Certificatione etc as the said Lybell and executiones therof more fully proports The Which lybell being Called in presence of the saids Lords and the haill pursuers being all absent And Sir Patrick Home Compeiring as Advocat for them, And the said Laird of Techmurie Compeiring personally and all the rest of the said defenders being absent and Sir James Ogilvie and William Black Compeiring as advocats for the haill defenders The saids Lords of their majesties privy Councill Continued the forsaid Lybell untill ane Certain day now bygone and appointed both parties and witnesses to attend that day of Compeirance in the additionall Lybell and the saids Lords haveing this day againe Considered the forsaid Lybell at the instance of the above Lady Tyrie and Thomas Crowden and […] Webster his Spouse against the above James Gordon of Techmurie and others They heirby Remitt the shireff principall of the shyre of Aberdeen and his deputs to hear the parties and determine in the matter Lybelled as accords in law.

1. NRS, PC2/25, 94r-96r.

1. NRS, PC2/25, 94r-96r.

Sederunt, 27 November 1694, Edinburgh

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Edinburgh The Twentie seventh day of November Jaj vjc nyntie four years1

D1694/11/212

Sederunt

Lord Chancelor; Earl of Melvill p: Seall; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Lothian; Earl of Lothian; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Brodalbine; Lord Murray; Viscount Tarbat; Lord Yester; Lord Raith T: dpt; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Mr Fra: Montgomry; Laird of Blackbarony; Laird of Stivenson; Laird of Leyes; Laird of Pollock; Sir John Hall

Edinburgh The Twentie seventh day of November Jaj vjc nyntie four years1

D1694/11/212

Sederunt

Lord Chancelor; Earl of Melvill p: Seall; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Lothian; Earl of Lothian; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Brodalbine; Lord Murray; Viscount Tarbat; Lord Yester; Lord Raith T: dpt; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Mr Fra: Montgomry; Laird of Blackbarony; Laird of Stivenson; Laird of Leyes; Laird of Pollock; Sir John Hall

1. NRS, PC2/25, 94r.

2. NRS, PC2/25, 94r.

1. NRS, PC2/25, 94r.

2. NRS, PC2/25, 94r.

Decreet, 20 November 1694, Edinburgh

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Edinburgh the Twentie day of november Jaj vjc nyntie four years

D1694/11/201

Decreet

Decreet Gordon messenger Against Lumsdean

Anent the lybell or Complaint pursued befor the Lords of their majesties privy Councill at the instance of George Gordon in […] messenger with Concourse of Sir James Stewart his Majesties Advocat for his intrest in the matter underwritten Making mention That wher albeit by the Lawes and acts of parliament of this realme Convocationes of the leidges without Licence and declaired punishable as unlawfull Convocationes be the act thrie hundred and threttie one parliament Eight James the sixth, And that the unlawfull rising of Comons is punishable by the Confiscatione of their goods and lives to be at their majesties will as by the seventie seven act parliament Fourteinth James second and threttie fourth act parliament thrid James fourth and seventeinth parliament act Eightein James the sixth, and alse albeit the enterers into or makers of any bonds or leagues without their majesties priority and Consent are lyable to the pains, not only of warding their persones, But likwayes to be holden and execute as movers of seditione by the twelth act parliament tenth James Sixth, And sicklike albeit the deforcers of officers in executeing of their offices may not only be Called Criminally and their Lives be at ther Majesties will as by the act 2 Eightie five parliament Eleventh James sixth But Likewayes that ane officer being deforced molested invaded, or pursued to the effussion of his blood in executeing of his office, The persons sumoned or Charged or any other of his. Causeing etc That swa as the deforcer or invader tynes all his moveables etc. And albeit manifast oppressione be punishable by death, And by the act fourtie second parliament fourth James fourth, and by the Eightie Eight parliament Eleventh James sixth, yet true it is That the said pursuer haveing upon the second day of Jully instant or one or other of the dayes of the said moneth, attended by four or five men as his asistants apprehended the persones of James Lumsdean in Strathmore within the house of William Wright in Wardfauld in the maynes of Auchterfoull by Toutching him with the wand of peace in their majesties name and authoritie haveing his blazen displayed as use is in such caices, and that be vertue of letters of Captione at the instance of Alexander Irving of Drum his master and Marjorie Forbes his Ladie for bringing the said Jams Lumsdean to Edinburgh, That he might depone as a witnes befor the Lords of Councill and Sessione in ane Civill actione anent the matter Contained in the said Captione, The said James Lumsdean Did not only make severall excusses for his not goeing allongst with the pursuer and his partie for the space of thrie hours at least But positively refused and swear that he would not goe allongst untill he pleased himself for no messenger in the kingdome altho the pursuer Commanded him oft and diverse times in their majesties name and took him by the hand to lead him allongst and 3 Likewayes refused to give ane bond of presentatione to Compeir at Edinburgh and depone in the said matter, altho the pursuer offered to accept of the same and sett him at libertie and when the pursuer required him to give up his armes as the kings prisoner in ther majesties name and authoritie, He positively and with many Oathes refused so to doe for ane long time and swear that he would not give his armes to any messenger in the kingdome, and at last when he pleased himself he gave up his armes to one of his oun nighbours or Comerads being then come to that place Declairing with all that he should not keep them long And that he should not want them long out of his oun possessione, and in the mean time his one and his servants being come to him, He whispered to them in their ears, which doubtles has been to Convocat their majesties Leidges in maner and to the effect underwritten and wherupon his sone and servants and others whom they Imployed did run throw the Countrey ilk one of them to severall Corners therof and therupon James Forbes in Kinnadie with seven or Eight armed men came to the house of William Wright with the said James Lumsdean and offered to enter the room wher they were, and that whither they would or not, and gave this reasone for it, That ther was ane man ther that he behooved to meet with, and being hindered to enter the same, he went of to another room Saying that ane Goodfellow would enter whither they would or not, And in the mean time James Lumsdean Declaired with oathes that he would not give his bond of presentation to any messenger in the kingdome And that now he Cared not a farthing for all the messengers in Scotland, And therafter the said James Lumsdean and James Forbes haveing come out of their Severall roomes to the open feilds they did goe aside and would not permitt the pursuer nor any of his partie to come near them for a long time, But whispered togither and Consulted and Contrived what they should doe, And then the said James Lumsdean after he hade spocken with the said James Forbes and seen the armed men that were with him, And haveing also learned that severall other4 great Companies of men from the severall Corners of the Countrie were Conveened and near-hand the place be that time he refused to goe in againe to the said house altho the pursuer Comanded him in ther Majesties name, But pretended he would goe no further, nor he should be sufered and permitted to goe, and wherupon the said pursuer with his partie went allong with him, And the said James Forbes in Company and his armed men whom he did lead and Command as their Captaine marching upon their head untill they were come to ane know or hillock near wher George Cattonach sone to John Cattenoch in Bellastraid also tenent to the said Laird of Drum was lying with Fourscore or ane hundred men or therby all armed and bodden in fear of5 weir, with Guns swords Durks and other weapons invasive and who were Comanded by the said George Cattenach as their Captaine, at least he appeared to be a Cheif ring leader amongst them, And they the saids Companies or multitudes of armed men swa Conveened from all Corners and Commanded as said is, and particularly by the said James Forbes in Kinnaldie, John Kelt in Pittalochie and the said George Cattanach James Christie servant to George Brown in Tarland Robert Simpsone servant to Alexander Moir in Gellen Thomas Shaw William Findlay and William Sector thrie servants to the said James Lumsdean and Archibald Kellies servant to William Fife in Strathmoir, Allaster Calder in Coull James Calder younger Alexander Calder in Heughead Lues Masson sone to John Masson in Tittibouty Lauchlan Stewart servant to Robert Clerk in Stonyfoord John Ramsay servant to John Calder in Boghead, John Smith in Gillen Donald Canzioch servant to the said James Calder, William Ross servant to Agnes Mylne in Boghead James Murgane in Strathmore, William Dunbar servant to the said Allaster Calder and ther Complices Came and offered to take away the said James Lumsdean by force, And when they inquyred at the said prisoner, If they should take him back from the pursuer, He desyred them to doe as they pleased, and when the said pursuer and his party detained and offered to keep the prisoner they fell upon the messenger and did not only beat and strick him but did most Cruely and barerously bruise blood wound and almost killed the pursuer and his asistants with swords Gunns staffs and other offencive weapons And the said James Lumsdean himself did not only beatt and strick the said pursuer But likwayes trampled him under his feet and walked upon his body, and hounded out and gave out the word of Command to the said rable and pointed to them his finger or hand whom they should fall upon of the pursuers partie, and what they should doe, and how they should behave, And Cryed to them he should goe with them that should winn6 lett them that should winn him near him, And sicklike the said James Forbes stood and ordered the said rable to bend their guns, and face about to one of the pursuers partie who was wounded and advertised them that the said wounded man wes bending ane gun to Shoot amongst them and therfore ordered them to turne their Guns and wherupon they fell upon him with great Crueltie againe till they left him almost dead and wherthrow the said pursuer was forced to lett the prisoner goe, after he hade brocken the wand of peace, and taken witnesses upon the said deforcement and ryot, And the said James Lumsdean betook himself to his libertie And in ane insulting maner desyred the pursuer and his partie to take him away and he would goe allongst with them knowing that they were not able to travell by reasone of their wounds, and that they durst not attempt any such thing for fear of his accomplices who were ready to kill them out right if they hade in the least offered to doe any such thing, Lykeas the said James Lumsdean did approve and Ratihabit all that was done In so farr as 7 he took8 the said James Forbes George Cattinach and the rest of ther accomplices to the said William Wrights house being ane Change house and intertained them ther drinking with them the rest of that day9 10 from thrie or four a Cloak in the afternoon or therby, And the most part of the night following In Requitall of the service they hade done him and makeing professione of kyndness ilk one of them to others upon the account of the same, and the said George Cattenoch and his accomplices not being Satisfied with all the highneous things they hade done, They did farder by manifast oppressione Cary away the said pursuer in his wounds towards the hill and wood of Collblaine threatning to hang him, If he would not by a wryte under his hand Discharge the said 11 deforcement and ryot, and by their saids Crewell threatnings did extort some such paper or declaratione from him and when the pursuer hade Consented therto They took him back to the house of the said William Wright wher the said James Lumsdean and James Forbes and George Cattenoch and others their accomplices forced him to subscryve the same at least were accessory therto, And to highten the saids Crymes they did therafter when in their Cups send peremptor orders and Commands to the house of Robert Forbes in the maynes of Auchterfoull wher the saids wounded men were lyeing in their wounds to put them out of that Countrey or else they would deall worse with them yet, and which Convocatione deforcement and oppressione was accompanied with this farder Circumstance viz That the said James Lumsdean James Forbes George Cattenoch and their Complices aforsaids made and were actually entered into a privat league or assossiatione in the wryt betwixt themselves and severall other of the adjacent highland Countrey therabout to rise and Joyne with one and other in what ever Cause quarrell or Concernment wherthrow It is evident that the said James Lumsdean James Forbes and George Cattenoch and their accomplices aforsaid are guilty of the forsaid horid Crymes of unlawfull Convocatione deforcement of officers in their Majesties Leidges and of entering into unlawfull Leagues and associationes at least airt and part of the saids Crymes, And Therfore that they and ilk one of them ought to be Decerned in, the soume of […] to the pursuer in name of damnadges and otherwayes punished in their persones and estates To the terror of others to Comitt the like in time comeing And Anent the Charge given to the haill fornamed persones above Complained upon To have Compeired before the saids Lords of privy Councill personally at ane Certaine day now bygone To have answered to the grounds of the above written Complaint and to have heard and seen such order and Course taken theranent as appertaines as in the forsaid Lybell or Complaint and executiones therof at more length is Contained And sicklike anent the Lybell of Reconventione at the instance of the said James Lumsdean in Strathmoir, with Concourse of his majesties advocat as said is Making mentione That be the Law and practique of this and all other weell governed nationes The Conveening persones for any pretended cryme who are altogither free and Innocent of the same, and puteing them to needless Charges and expences The pursuer of such groundless actiones should be found Lyable to the partie in large expences, nevertheless the pretended actione of deforcement raised at the instance of George Gordon messenger for altogither groundless and the pursuer altogither Innocent of the samen in so farr as the Captione being only against the pursuer to Compeir as witnes It is offered to be proven that when he was apprehended by the said George Gordon messenger, He as likewayes some others upon his account offered to give their bonds of presentatione, and to present himself to the persones at whose instance the Caption was raised and to satisfie them theranent which the messenger refused, And yet notwithstanding the said James Lumsdean, Did therafter goe allongst with the messenger, as also it Is offered to be proven, That when the said pursuer was apprehended, albeit he hade Some armes about him, yet he gave them away to one of his oun nighbours to Cary home, and that he hade no armes when he was in the messengers hands no so much as a staff and that when the persones came near to the messengers when he was Carieing the said pursuer away, he discharged them to trouble and molest the messenger for he said he was willing to goe allongst with the messenger, and when they offered violence to the messenger The pursuer defended him, and that he haveing Called for his Staff which was reacht to him by one Standing by, he beatt off the persones that came near the messenger, And that he himself did not use the least violence to the messenger and that after all was over, He still Offered to goe allongst with the messenger, which the messenger refused, But with a great oath and asseveratione bad him goe wher he pleased These and severall other matters of fact tending to the said pursuers exonoratione are more fully mentioned in the said pursuers answers to the messengers Complaint, And Therfore the said pursuer Ought and should not only be assylzied from his groundles and Malicious Complaint raised against him, But the pursuer Condemned in the soume of […] for damnage and expences sustained be the pursuer throw this unjust persuit And Anent the Charge given to the said George Gordon messenger To have Compeired personally before the saids Lords 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 appertaines as the said Lybell of reconventione and executiones therof at more length is Contained The said principall lybell being upon the seventh day of August Jaj vjc nyntie four years Called in presence of the saids Lords of privy Councill And the pursuer in the principall Cause Compeiring personally with Sir James Ogilvie Mr Hew and Mr David Dalrymples Mr David and Mr Robert Forbesses his Advocats, and the said James Lumsdean Allaster James and Alexander Calders John Smith and William Ross six of the defenders Compeiring also personally with Sir Patrick Home William Black and […] Lessly advocats for the haill defenders and the rest of the defenders being Lawfullie cited oft times Called and not Compeiring The lybell and answers therto being read and both parties advocats being fully heard, and a petition for the defenders Craveing that a day in september nixt12 might be assigned for citeing the witnesses in the reconventione being Read, The saids Lords Grants Certificatione against the absent defenders and ordaines letters of denunciation to be direct to macers of messengers at armes Comanding them to pass to the marcat Cross of […] and other places needfull and ther in their majesties name and authoritie duely and Lawfullie and orderly denunce the saids absent defenders their majesties rebells and put them to their highnes horne escheat and inbring all their moveable goods and geir to their majesties use for their Contemptione and disobedience And the Councill appointed a Committie of their oun number for examineing of the saids witnesses who all Compeired and made faith to that Comittie to examine the witnesses which should be cited in the Reconventione and assigned a certaine day for citeing of them And ordained the said James Lumsdean to find Cautione that he should appear before the Comittie and attend all the dyets of the process either before the Comittie or Councill under the penaltie of five hundred merks which Cautione was found accordingly, And the said Lybell of Reconventione being upon the sixth day of september Jaj vjc nyntie four Called and the pursuer Compeiring personally with the said Sir Patrick Home and William Black his advocats And the defender Compeiring alse personally with Mr David and Robert Forbesses, The Lybell of Reconvention and answers therto being read, and both parties advocats fully heard, The same was admitted to the pursuers probatione, and the witnesses haveing made faith at the barr were remitted to be examined by a Comittie, And the Councill Superceeded the advyceing of the probatione either on the principall Lybell or lybell of reconventione untill ane Certaine day now bygone and the Comittie haveing examined the witnesses upon both Lybells The Councill by their Interloquitor of the fifteinth of november Jaj vjc nyntie four years before advyseing of the process Recomended to a Comittie of their oun number to Call for and hear both parties and indeavor to setle and agree them and incaice of deficulty to Repor[t] to the Councill, Which Comittie haveing made their report to the Councill who haveing this day Considered the samen The Decerne and Ordain The said James Lumsdean defender in the principall Lybell To make payment to the witnesses cited and appearing in the principall process at the rate of Eight shilling scots for each foot man, and sixtein shilling scots money forsaid for each horssman per diem reckoning all the time they attended at Edinburgh and thrie dayes for their comeing to the same, And alse many for their returneing home And alse Decernes and Ordaines the said James Lumsdean To pay the soume of Two hundred merks scots to George Gordone messenger for his expensses and damnage and upon payment therof The saids Lords have assoylzied and heirby assoylzies the said James Lumsdean from the forsaid Lybell and haill articles therof And Declairs him free of the matter Lybelled and from being quarrelled or pursued before any Judge or Court Civill or Criminall for any of the Deeds Lybelled in the said process, And the saids Lords Doe heirby Give Order and warrand to the shirref principall of the shirefdome of Aberdeen To Cause search for seize and apprehend the persones of George Cattinach James Forbes and Alexander Moir and Comitt them prisoners within the Tolbooth of […] And Ordaines them to be transported from shireff to shireff under a suficient guaird untill they be brought to Edinburgh And to be delivered to the magistrats of Edinburgh, And ordaines the said magistrats of Edinburgh and keeper of their Tolbooth to receive and detaine the saids persones prisoners within the same untill farder order, and allowes the Clerks of Councill to give up the bond granted be the said James Lumsdean and his Cautioner And Ordaines letters of horning on fiftein dayes and others needfull to be direct heiron in forme as effeirs.

Edinburgh the Twentie day of november Jaj vjc nyntie four years

D1694/11/201

Decreet

Decreet Gordon messenger Against Lumsdean

Anent the lybell or Complaint pursued befor the Lords of their majesties privy Councill at the instance of George Gordon in […] messenger with Concourse of Sir James Stewart his Majesties Advocat for his intrest in the matter underwritten Making mention That wher albeit by the Lawes and acts of parliament of this realme Convocationes of the leidges without Licence and declaired punishable as unlawfull Convocationes be the act thrie hundred and threttie one parliament Eight James the sixth, And that the unlawfull rising of Comons is punishable by the Confiscatione of their goods and lives to be at their majesties will as by the seventie seven act parliament Fourteinth James second and threttie fourth act parliament thrid James fourth and seventeinth parliament act Eightein James the sixth, and alse albeit the enterers into or makers of any bonds or leagues without their majesties priority and Consent are lyable to the pains, not only of warding their persones, But likwayes to be holden and execute as movers of seditione by the twelth act parliament tenth James Sixth, And sicklike albeit the deforcers of officers in executeing of their offices may not only be Called Criminally and their Lives be at ther Majesties will as by the act 2 Eightie five parliament Eleventh James sixth But Likewayes that ane officer being deforced molested invaded, or pursued to the effussion of his blood in executeing of his office, The persons sumoned or Charged or any other of his. Causeing etc That swa as the deforcer or invader tynes all his moveables etc. And albeit manifast oppressione be punishable by death, And by the act fourtie second parliament fourth James fourth, and by the Eightie Eight parliament Eleventh James sixth, yet true it is That the said pursuer haveing upon the second day of Jully instant or one or other of the dayes of the said moneth, attended by four or five men as his asistants apprehended the persones of James Lumsdean in Strathmore within the house of William Wright in Wardfauld in the maynes of Auchterfoull by Toutching him with the wand of peace in their majesties name and authoritie haveing his blazen displayed as use is in such caices, and that be vertue of letters of Captione at the instance of Alexander Irving of Drum his master and Marjorie Forbes his Ladie for bringing the said Jams Lumsdean to Edinburgh, That he might depone as a witnes befor the Lords of Councill and Sessione in ane Civill actione anent the matter Contained in the said Captione, The said James Lumsdean Did not only make severall excusses for his not goeing allongst with the pursuer and his partie for the space of thrie hours at least But positively refused and swear that he would not goe allongst untill he pleased himself for no messenger in the kingdome altho the pursuer Commanded him oft and diverse times in their majesties name and took him by the hand to lead him allongst and 3 Likewayes refused to give ane bond of presentatione to Compeir at Edinburgh and depone in the said matter, altho the pursuer offered to accept of the same and sett him at libertie and when the pursuer required him to give up his armes as the kings prisoner in ther majesties name and authoritie, He positively and with many Oathes refused so to doe for ane long time and swear that he would not give his armes to any messenger in the kingdome, and at last when he pleased himself he gave up his armes to one of his oun nighbours or Comerads being then come to that place Declairing with all that he should not keep them long And that he should not want them long out of his oun possessione, and in the mean time his one and his servants being come to him, He whispered to them in their ears, which doubtles has been to Convocat their majesties Leidges in maner and to the effect underwritten and wherupon his sone and servants and others whom they Imployed did run throw the Countrey ilk one of them to severall Corners therof and therupon James Forbes in Kinnadie with seven or Eight armed men came to the house of William Wright with the said James Lumsdean and offered to enter the room wher they were, and that whither they would or not, and gave this reasone for it, That ther was ane man ther that he behooved to meet with, and being hindered to enter the same, he went of to another room Saying that ane Goodfellow would enter whither they would or not, And in the mean time James Lumsdean Declaired with oathes that he would not give his bond of presentation to any messenger in the kingdome And that now he Cared not a farthing for all the messengers in Scotland, And therafter the said James Lumsdean and James Forbes haveing come out of their Severall roomes to the open feilds they did goe aside and would not permitt the pursuer nor any of his partie to come near them for a long time, But whispered togither and Consulted and Contrived what they should doe, And then the said James Lumsdean after he hade spocken with the said James Forbes and seen the armed men that were with him, And haveing also learned that severall other4 great Companies of men from the severall Corners of the Countrie were Conveened and near-hand the place be that time he refused to goe in againe to the said house altho the pursuer Comanded him in ther Majesties name, But pretended he would goe no further, nor he should be sufered and permitted to goe, and wherupon the said pursuer with his partie went allong with him, And the said James Forbes in Company and his armed men whom he did lead and Command as their Captaine marching upon their head untill they were come to ane know or hillock near wher George Cattonach sone to John Cattenoch in Bellastraid also tenent to the said Laird of Drum was lying with Fourscore or ane hundred men or therby all armed and bodden in fear of5 weir, with Guns swords Durks and other weapons invasive and who were Comanded by the said George Cattenach as their Captaine, at least he appeared to be a Cheif ring leader amongst them, And they the saids Companies or multitudes of armed men swa Conveened from all Corners and Commanded as said is, and particularly by the said James Forbes in Kinnaldie, John Kelt in Pittalochie and the said George Cattanach James Christie servant to George Brown in Tarland Robert Simpsone servant to Alexander Moir in Gellen Thomas Shaw William Findlay and William Sector thrie servants to the said James Lumsdean and Archibald Kellies servant to William Fife in Strathmoir, Allaster Calder in Coull James Calder younger Alexander Calder in Heughead Lues Masson sone to John Masson in Tittibouty Lauchlan Stewart servant to Robert Clerk in Stonyfoord John Ramsay servant to John Calder in Boghead, John Smith in Gillen Donald Canzioch servant to the said James Calder, William Ross servant to Agnes Mylne in Boghead James Murgane in Strathmore, William Dunbar servant to the said Allaster Calder and ther Complices Came and offered to take away the said James Lumsdean by force, And when they inquyred at the said prisoner, If they should take him back from the pursuer, He desyred them to doe as they pleased, and when the said pursuer and his party detained and offered to keep the prisoner they fell upon the messenger and did not only beat and strick him but did most Cruely and barerously bruise blood wound and almost killed the pursuer and his asistants with swords Gunns staffs and other offencive weapons And the said James Lumsdean himself did not only beatt and strick the said pursuer But likwayes trampled him under his feet and walked upon his body, and hounded out and gave out the word of Command to the said rable and pointed to them his finger or hand whom they should fall upon of the pursuers partie, and what they should doe, and how they should behave, And Cryed to them he should goe with them that should winn6 lett them that should winn him near him, And sicklike the said James Forbes stood and ordered the said rable to bend their guns, and face about to one of the pursuers partie who was wounded and advertised them that the said wounded man wes bending ane gun to Shoot amongst them and therfore ordered them to turne their Guns and wherupon they fell upon him with great Crueltie againe till they left him almost dead and wherthrow the said pursuer was forced to lett the prisoner goe, after he hade brocken the wand of peace, and taken witnesses upon the said deforcement and ryot, And the said James Lumsdean betook himself to his libertie And in ane insulting maner desyred the pursuer and his partie to take him away and he would goe allongst with them knowing that they were not able to travell by reasone of their wounds, and that they durst not attempt any such thing for fear of his accomplices who were ready to kill them out right if they hade in the least offered to doe any such thing, Lykeas the said James Lumsdean did approve and Ratihabit all that was done In so farr as 7 he took8 the said James Forbes George Cattinach and the rest of ther accomplices to the said William Wrights house being ane Change house and intertained them ther drinking with them the rest of that day9 10 from thrie or four a Cloak in the afternoon or therby, And the most part of the night following In Requitall of the service they hade done him and makeing professione of kyndness ilk one of them to others upon the account of the same, and the said George Cattenoch and his accomplices not being Satisfied with all the highneous things they hade done, They did farder by manifast oppressione Cary away the said pursuer in his wounds towards the hill and wood of Collblaine threatning to hang him, If he would not by a wryte under his hand Discharge the said 11 deforcement and ryot, and by their saids Crewell threatnings did extort some such paper or declaratione from him and when the pursuer hade Consented therto They took him back to the house of the said William Wright wher the said James Lumsdean and James Forbes and George Cattenoch and others their accomplices forced him to subscryve the same at least were accessory therto, And to highten the saids Crymes they did therafter when in their Cups send peremptor orders and Commands to the house of Robert Forbes in the maynes of Auchterfoull wher the saids wounded men were lyeing in their wounds to put them out of that Countrey or else they would deall worse with them yet, and which Convocatione deforcement and oppressione was accompanied with this farder Circumstance viz That the said James Lumsdean James Forbes George Cattenoch and their Complices aforsaids made and were actually entered into a privat league or assossiatione in the wryt betwixt themselves and severall other of the adjacent highland Countrey therabout to rise and Joyne with one and other in what ever Cause quarrell or Concernment wherthrow It is evident that the said James Lumsdean James Forbes and George Cattenoch and their accomplices aforsaid are guilty of the forsaid horid Crymes of unlawfull Convocatione deforcement of officers in their Majesties Leidges and of entering into unlawfull Leagues and associationes at least airt and part of the saids Crymes, And Therfore that they and ilk one of them ought to be Decerned in, the soume of […] to the pursuer in name of damnadges and otherwayes punished in their persones and estates To the terror of others to Comitt the like in time comeing And Anent the Charge given to the haill fornamed persones above Complained upon To have Compeired before the saids Lords of privy Councill personally at ane Certaine day now bygone To have answered to the grounds of the above written Complaint and to have heard and seen such order and Course taken theranent as appertaines as in the forsaid Lybell or Complaint and executiones therof at more length is Contained And sicklike anent the Lybell of Reconventione at the instance of the said James Lumsdean in Strathmoir, with Concourse of his majesties advocat as said is Making mentione That be the Law and practique of this and all other weell governed nationes The Conveening persones for any pretended cryme who are altogither free and Innocent of the same, and puteing them to needless Charges and expences The pursuer of such groundless actiones should be found Lyable to the partie in large expences, nevertheless the pretended actione of deforcement raised at the instance of George Gordon messenger for altogither groundless and the pursuer altogither Innocent of the samen in so farr as the Captione being only against the pursuer to Compeir as witnes It is offered to be proven that when he was apprehended by the said George Gordon messenger, He as likewayes some others upon his account offered to give their bonds of presentatione, and to present himself to the persones at whose instance the Caption was raised and to satisfie them theranent which the messenger refused, And yet notwithstanding the said James Lumsdean, Did therafter goe allongst with the messenger, as also it Is offered to be proven, That when the said pursuer was apprehended, albeit he hade Some armes about him, yet he gave them away to one of his oun nighbours to Cary home, and that he hade no armes when he was in the messengers hands no so much as a staff and that when the persones came near to the messengers when he was Carieing the said pursuer away, he discharged them to trouble and molest the messenger for he said he was willing to goe allongst with the messenger, and when they offered violence to the messenger The pursuer defended him, and that he haveing Called for his Staff which was reacht to him by one Standing by, he beatt off the persones that came near the messenger, And that he himself did not use the least violence to the messenger and that after all was over, He still Offered to goe allongst with the messenger, which the messenger refused, But with a great oath and asseveratione bad him goe wher he pleased These and severall other matters of fact tending to the said pursuers exonoratione are more fully mentioned in the said pursuers answers to the messengers Complaint, And Therfore the said pursuer Ought and should not only be assylzied from his groundles and Malicious Complaint raised against him, But the pursuer Condemned in the soume of […] for damnage and expences sustained be the pursuer throw this unjust persuit And Anent the Charge given to the said George Gordon messenger To have Compeired personally before the saids Lords 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 appertaines as the said Lybell of reconventione and executiones therof at more length is Contained The said principall lybell being upon the seventh day of August Jaj vjc nyntie four years Called in presence of the saids Lords of privy Councill And the pursuer in the principall Cause Compeiring personally with Sir James Ogilvie Mr Hew and Mr David Dalrymples Mr David and Mr Robert Forbesses his Advocats, and the said James Lumsdean Allaster James and Alexander Calders John Smith and William Ross six of the defenders Compeiring also personally with Sir Patrick Home William Black and […] Lessly advocats for the haill defenders and the rest of the defenders being Lawfullie cited oft times Called and not Compeiring The lybell and answers therto being read and both parties advocats being fully heard, and a petition for the defenders Craveing that a day in september nixt12 might be assigned for citeing the witnesses in the reconventione being Read, The saids Lords Grants Certificatione against the absent defenders and ordaines letters of denunciation to be direct to macers of messengers at armes Comanding them to pass to the marcat Cross of […] and other places needfull and ther in their majesties name and authoritie duely and Lawfullie and orderly denunce the saids absent defenders their majesties rebells and put them to their highnes horne escheat and inbring all their moveable goods and geir to their majesties use for their Contemptione and disobedience And the Councill appointed a Committie of their oun number for examineing of the saids witnesses who all Compeired and made faith to that Comittie to examine the witnesses which should be cited in the Reconventione and assigned a certaine day for citeing of them And ordained the said James Lumsdean to find Cautione that he should appear before the Comittie and attend all the dyets of the process either before the Comittie or Councill under the penaltie of five hundred merks which Cautione was found accordingly, And the said Lybell of Reconventione being upon the sixth day of september Jaj vjc nyntie four Called and the pursuer Compeiring personally with the said Sir Patrick Home and William Black his advocats And the defender Compeiring alse personally with Mr David and Robert Forbesses, The Lybell of Reconvention and answers therto being read, and both parties advocats fully heard, The same was admitted to the pursuers probatione, and the witnesses haveing made faith at the barr were remitted to be examined by a Comittie, And the Councill Superceeded the advyceing of the probatione either on the principall Lybell or lybell of reconventione untill ane Certaine day now bygone and the Comittie haveing examined the witnesses upon both Lybells The Councill by their Interloquitor of the fifteinth of november Jaj vjc nyntie four years before advyseing of the process Recomended to a Comittie of their oun number to Call for and hear both parties and indeavor to setle and agree them and incaice of deficulty to Repor[t] to the Councill, Which Comittie haveing made their report to the Councill who haveing this day Considered the samen The Decerne and Ordain The said James Lumsdean defender in the principall Lybell To make payment to the witnesses cited and appearing in the principall process at the rate of Eight shilling scots for each foot man, and sixtein shilling scots money forsaid for each horssman per diem reckoning all the time they attended at Edinburgh and thrie dayes for their comeing to the same, And alse many for their returneing home And alse Decernes and Ordaines the said James Lumsdean To pay the soume of Two hundred merks scots to George Gordone messenger for his expensses and damnage and upon payment therof The saids Lords have assoylzied and heirby assoylzies the said James Lumsdean from the forsaid Lybell and haill articles therof And Declairs him free of the matter Lybelled and from being quarrelled or pursued before any Judge or Court Civill or Criminall for any of the Deeds Lybelled in the said process, And the saids Lords Doe heirby Give Order and warrand to the shirref principall of the shirefdome of Aberdeen To Cause search for seize and apprehend the persones of George Cattinach James Forbes and Alexander Moir and Comitt them prisoners within the Tolbooth of […] And Ordaines them to be transported from shireff to shireff under a suficient guaird untill they be brought to Edinburgh And to be delivered to the magistrats of Edinburgh, And ordaines the said magistrats of Edinburgh and keeper of their Tolbooth to receive and detaine the saids persones prisoners within the same untill farder order, and allowes the Clerks of Councill to give up the bond granted be the said James Lumsdean and his Cautioner And Ordaines letters of horning on fiftein dayes and others needfull to be direct heiron in forme as effeirs.

1. NRS, PC2/25, 87v-94r.

2. One illegible word scored out here.

3. The words ‘depone in the said matter’ scored out here.

4. The letter ‘s’ scored out here.

5. Insertion.

6. Insertion.

7. One illegible word scored out here.

8. The words ‘he took’ are an insertion.

9. The phrase ‘ther accomplices to the said William Wrights house being ane Change house and intertained them ther drinking with them the rest of that day’ is an insertion.

10. The words ‘that desp’ scored out here.

11. The word ‘defender’ scored out here.

12. Insertion.

1. NRS, PC2/25, 87v-94r.

2. One illegible word scored out here.

3. The words ‘depone in the said matter’ scored out here.

4. The letter ‘s’ scored out here.

5. Insertion.

6. Insertion.

7. One illegible word scored out here.

8. The words ‘he took’ are an insertion.

9. The phrase ‘ther accomplices to the said William Wrights house being ane Change house and intertained them ther drinking with them the rest of that day’ is an insertion.

10. The words ‘that desp’ scored out here.

11. The word ‘defender’ scored out here.

12. Insertion.

Act, 20 November 1694, Edinburgh

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Edinburgh the Twentie day of november Jaj vjc nyntie four years

D1694/11/191

Act

Act Cochran of Killmaronock.

Anent the petition given in to the Lords of their majesties privy Councill be William Cochran of Killmaronock Shewing That quher the deceast Thomas Cochran of Powkellie the petitioners brother german haveing upon the […] day of […] last by past made a dispositione and Taillie of his wholl fortune and estate faillieing airs of his oun bodie to the other persones therin mentioned under the severall provisiones and Conditiones therin contained, and likewayes haveing by the same writt Disponed to the petitioner all bonds obligationes etc and other moveable estate as the samen therwith produced would testifie, Wherby any former pretended taillies and particularly one In favors of William Cochran of Ochiltrie were Clearly altered and Innovat, And the petitioner haveing in time of vacance when neither Councill nor sessione were sitting applyed to the magistrats of Edinburgh for the time They did appoint the forsaid dispositione in the petitioners favors to be delivered up and the same with the wholl other wrytes to be inventared by the toune Clerk and which Course the petitioner thought most fair and equall, and was loath to midle with the saids writtes without the authoritie of a Judge In regaird both he and Ochiltry were Joynt factors and administrators for the saids Thomas Cochran of Powkellie and each of them hade ane key to the Cabinet wher the saids writtes did Lye and altho the time of the Inventaring did urge that the samen might be delivered up yet the baillie refused, But promised that if non appeared and opposed the samen within two or thrie weeks, He would order the Clerk to take of the sale which then was put on And to put the petitioner in possessione of his oun writtes and evidents nevertheless not only the magistrats for the time But likewayes the present magistrats being applyed to refusses, to midle therin But leaves the petitioner to apply to the their Lordships for remeedy And Therfore humbly Craveing That seing the petitioner does produce the Dispositione both to the heritable and moveable estate, Wherby all former dispositiones and taillies are taken away, And is likewayes generall air served and retoured and executor Confirmed to his deceast brother which is all the right and title that the law of this natione can furnish and may presently be pursued for this debts when the petitioner has not his writtes wherby to defend That therfore the saids Lords would be pleased to appoint the scalles to be taken off, and the writtes to be delivered up Conforme to inventar to the petitioner as haveing only ryt therto as the petition bears The Lords of their majesties privy Councill having Considered this petitione given in to them be William Cochran of Killmaronick They heirby Appoint any two of the present baillies of Edinburgh and the toune Clerk therof to break up and take off the sealls which are upon the above papers and to deliver up the writtes themselves Conforme to inventar to the petitioner upon his recept of the same.

Edinburgh the Twentie day of november Jaj vjc nyntie four years

D1694/11/191

Act

Act Cochran of Killmaronock.

Anent the petition given in to the Lords of their majesties privy Councill be William Cochran of Killmaronock Shewing That quher the deceast Thomas Cochran of Powkellie the petitioners brother german haveing upon the […] day of […] last by past made a dispositione and Taillie of his wholl fortune and estate faillieing airs of his oun bodie to the other persones therin mentioned under the severall provisiones and Conditiones therin contained, and likewayes haveing by the same writt Disponed to the petitioner all bonds obligationes etc and other moveable estate as the samen therwith produced would testifie, Wherby any former pretended taillies and particularly one In favors of William Cochran of Ochiltrie were Clearly altered and Innovat, And the petitioner haveing in time of vacance when neither Councill nor sessione were sitting applyed to the magistrats of Edinburgh for the time They did appoint the forsaid dispositione in the petitioners favors to be delivered up and the same with the wholl other wrytes to be inventared by the toune Clerk and which Course the petitioner thought most fair and equall, and was loath to midle with the saids writtes without the authoritie of a Judge In regaird both he and Ochiltry were Joynt factors and administrators for the saids Thomas Cochran of Powkellie and each of them hade ane key to the Cabinet wher the saids writtes did Lye and altho the time of the Inventaring did urge that the samen might be delivered up yet the baillie refused, But promised that if non appeared and opposed the samen within two or thrie weeks, He would order the Clerk to take of the sale which then was put on And to put the petitioner in possessione of his oun writtes and evidents nevertheless not only the magistrats for the time But likewayes the present magistrats being applyed to refusses, to midle therin But leaves the petitioner to apply to the their Lordships for remeedy And Therfore humbly Craveing That seing the petitioner does produce the Dispositione both to the heritable and moveable estate, Wherby all former dispositiones and taillies are taken away, And is likewayes generall air served and retoured and executor Confirmed to his deceast brother which is all the right and title that the law of this natione can furnish and may presently be pursued for this debts when the petitioner has not his writtes wherby to defend That therfore the saids Lords would be pleased to appoint the scalles to be taken off, and the writtes to be delivered up Conforme to inventar to the petitioner as haveing only ryt therto as the petition bears The Lords of their majesties privy Councill having Considered this petitione given in to them be William Cochran of Killmaronick They heirby Appoint any two of the present baillies of Edinburgh and the toune Clerk therof to break up and take off the sealls which are upon the above papers and to deliver up the writtes themselves Conforme to inventar to the petitioner upon his recept of the same.

1. NRS, PC2/25, 86v-87r.

1. NRS, PC2/25, 86v-87r.

Act, 20 November 1694, Edinburgh

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Edinburgh the Twentie day of november Jaj vjc nyntie four years

D1694/11/181

Act

Act William Fairly

The Lords of their majesties privy Councill Doe heirby Requyre the Lord Jedburgh Commander in Cheif (2for the time of their Majesties forces within this Kingdome And gives Order and warrand to and Commands all other officers of their majesties forces in whose Custody William Fairly Glover in Dunse presently is or may be, and alse all in magistrats of burghs and keepers of prisones within which the said William is or may be to sett him at libertie That he may goe about his Lawfull affairs as any other of their majesties free Leidges In respect by former order of Councill he has found Caution in the Councill books to appear before the saids Lords of privy Councill.

Edinburgh the Twentie day of november Jaj vjc nyntie four years

D1694/11/181

Act

Act William Fairly

The Lords of their majesties privy Councill Doe heirby Requyre the Lord Jedburgh Commander in Cheif (2for the time of their Majesties forces within this Kingdome And gives Order and warrand to and Commands all other officers of their majesties forces in whose Custody William Fairly Glover in Dunse presently is or may be, and alse all in magistrats of burghs and keepers of prisones within which the said William is or may be to sett him at libertie That he may goe about his Lawfull affairs as any other of their majesties free Leidges In respect by former order of Councill he has found Caution in the Councill books to appear before the saids Lords of privy Councill.

1. NRS, PC2/25, 86r.

2. Closing bracket missing.

1. NRS, PC2/25, 86r.

2. Closing bracket missing.

Act, 20 November 1694, Edinburgh

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Edinburgh the Twentie day of november Jaj vjc nyntie four years

D1694/11/171

Act

Act The Tutors of the Viscount of Arbuthnot.

Anent a Petition given in to the Lords of their majesties privy Councill be Sir Thomas Burnett of Leyes and remanent tutors of the viscount of Arbuthnot Shewing That the late viscount of Arbuthnot haveing severall years before his decease nominat severall of his freinds and relationes to be tutors to his Childrein He did also appoint the Custody of them to be with the Ladie Leyes his sister german This being done six or seven years before his death, and some of his freinds who were Contained in the first nominatione being dead occasioned the same to be written over againe in Aprill Last without any variation except in nameing of other freinds in place of those who were dead, whose names he Caused writt doun upon the margine of the first nominatione, And then ordered the same to be transcryved, which was accordingly done, And therafter signed in presence, of the writter and two or three of his oun servants And at the same time he did also signe a paper bearing the portiones and aliement that he allowed for his Childrein untill ther bonds of provision came to bear annualrent, all which he did by the advice of the best lawiers of the kingdome upon full informatione of his Circumstances and the Conditione of his estate, Which papers he delivered to Alexander Innes his servant, and after his buriall at the Ladies desire they were delivered by him to the tutors, and read before the Earle and Countes of Southerland and others freinds then present, My Lady and her relationes being displeased that non of them were named to be tutors, and that the Custody of her Childrein were taken from her, She demanded Doubles of the papers; Which were accordingly given her and albeit she was Consciouse to her self, That what her husband did in this mater Could not be quarrelled be her upon any ground of Law, yet she gives in a petition to the saids Lords Representing that the nominatione of tutors and setleing of his Childrein was no free and deliberat acts of her husbands But that he was Imposed upon in the extreamitie of his sicknes, By the Importunitie of the Ladie Lyes, and the rest of the tutors, and that he was under a deligirium at the time after a Convulsion fitt, and that they were not read to him, And that his hand was led with the pen when he subscryved, and that what he did is inconsistant with it self, And that the portiones of some of the elder Childrein is but the half of what is given to the younger Upon these representationes and a Sumonds of reductione raised at the Ladies instance with Concourse of Mr John Arbuthnot the tutor of Law, who is one of the accepting tutors nominat by the viscount, Their Lordships were pleased to allow my Ladie to continue in the possesione of the house of Arbuthnot and to have the Custody of her Childrein untill the first of December, And in the mean time discharged the petitioners from medling with the Chartor Chist Or makeing of Inventars, This being done in the petitioners absence, and without Citeing of parties they conceave themselves bound alse much for the vindication of their oun Credit and honor as for the weell and advantage of the pupills affairs Comitted to their trust, To represent to ther Lordships what they could have answered to my Ladies petitione if they hade been either cited or present In the first place they could have absolutly denyed that ther was any of them present or in the roome with the viscount, when he signed the papers except his oun brother Mr John Arbuthnot, And albeit the Ladie Leyes his sister was also present, yet she was a person of more honor and Discreatione Then to have used the least Importunitie with her brother, In matters of that nature, And it is very weell knowen to my Lady Arbuthnot that her husband needed not the advice farrless to be Importuned by any bodie to what he did, either in the nomination of the tutors or Setlement of his Childrein, which could be no Surprize to my Ladie, For its weell knowen that whatever was my Lord Arbuthnots oppinion of my Ladies qualificationes for other affairs, yet he did not think it fitt to give her the educatione or Custodie of his Childrein wherof my Ladie may be Suficiently Convinced by his subscryved latter will and testament subscrived seven years agoe, And which is a plain evidence of his oppinion was then alse weell as at the hour of his death, and as to my Ladies Complaint of the In-equalitie of the Childreins portiones, The petitioner humbly conceaves That they are not bound to make any answer But that it was in the viscounts power so to doe, and that what he did in the matter was upon Considerations best know’n to himself, and as to the other grounds of the Complaint in relatione to my Lords indispositione and incapacitie or that his hand was led with the pen etc The petitioners not being present They referr the answer of these to ane testificat under the hands of Mr Francis Melvill parish minister, Who Declairs that he did many times Converse with the viscount the time of his sicknes, Having been above ten dayes altogither closs in his house besides other times he hade occasione to visit him yet he did never hear him utter any Impertinent word or expression, But found him upon all Occassiones and Subjects more rationall accute and sincible then ever he hade found him in his best health, And by another attestatione under Doctor Gordon phisitian his hand, who Declairs he haveing attended the viscount dureing his sicknes That generally throw the Current of his of sicknes he hade his Judgment and reasone intire as in the time of his best health, So that he was alse Capable to order his affairs as at any other time in his best health, nor was ther any ground to questione any of his deeds upon the account of any delirium both which testificats wes therwith produced Declair this to be of treuth upon soull and Conscience, and who are persones of unquestionable fame and reputatione, And the petitioners desyres that the testificats might be read, By which and by what is here2 represented to the saids Lords will be suficiently Convinced that my Ladies Complaint proceeds more from humor then any other Just ground She hath to quarrell what her husband hath done in this matter, And its hoped the saids Lords would Consider the petitioners as persones of that Discreatione, That they would not undertake ane office of this natture Far less have taken any indirect methods to obtaine the same if it were not the difference they or to the viscounts Last will, And standing of his familly, For which they were resolved to Imploy their Credit alse weell as their paines, which the Circumstance of that estate will requyre in a great measure Which being Considered the saids Lords are to Judge how farr my Ladie hath been a freend to the familly by this Complaint which can have no other effect but to retard and Discourage the petitioners In the managment Comitted to them, and give occasione to the Creditors to goe in dilligence for their debts to the utter ruine of that estate to which my Ladie hath hade but litle regaird since her husbands death, And particularly in bringing her eldest sone to Edinburgh in the winter time, albeit ane infant who Could not but be in hazard of his life by such a Journey and for which its supposed her Ladieship hade no warrand by the saids Lords interloquitor, By which she was only to Continue the possessione of the house and Custody of the Childreen to the first of December, And Therfore Humbly Craveing the saids Lords to take this matter to their serious Consideratione For if this setlement shall be overturned by Calumnious representationes It would be of dangereous Consequence to the natione alse weell as tend to the prejudice of his ancient familly, And seing the grounds of my Ladies Complaint resolves in reasones of reductione of her husbands deeds which are only Competent before the Lords of sessione, and that the proces is with Concourse of the tutor in law (who is one of the petitioners) and disclaimes the samen, That therfore the saids Lords would be pleased to take off any stopt put to the petitioners manadgment in the pupills affairs by their former interloquitor and ordaine the Custody of the Air and other Childrein to take effect Conforme to their fathers appointment, or if the saids Lords thought fitt the tutors are Content the point of right may be remitted to the Lords of sessione to be determined by them Sumarly as accords as the petition bears The Lords of their Majesties privy Councill haveing Considered this petition given in to them be Sir Thomas Burnet of Leyes and remanant tutors of the viscount of Arbuthnot with another petitione for the Lady Arbuthnot with another petitione for the Lady Arbuthnot They heirby of Consent of both parties Remitt to the Lords of Councill and Sessione Sumarly to discuss the point of right in debate betwixt the parties and in the mean time Continues the viscountess of Arbuthnot in the possessione of the house and yeards of Arbuthnot and Custody of her Childrein untill the first day of march nixt, And appoints her to have fewelling for the use of her house And allowes the tutors to uplift the rent of the lands and midle with the wrytes of the deceast viscount as accords in law.

Edinburgh the Twentie day of november Jaj vjc nyntie four years

D1694/11/171

Act

Act The Tutors of the Viscount of Arbuthnot.

Anent a Petition given in to the Lords of their majesties privy Councill be Sir Thomas Burnett of Leyes and remanent tutors of the viscount of Arbuthnot Shewing That the late viscount of Arbuthnot haveing severall years before his decease nominat severall of his freinds and relationes to be tutors to his Childrein He did also appoint the Custody of them to be with the Ladie Leyes his sister german This being done six or seven years before his death, and some of his freinds who were Contained in the first nominatione being dead occasioned the same to be written over againe in Aprill Last without any variation except in nameing of other freinds in place of those who were dead, whose names he Caused writt doun upon the margine of the first nominatione, And then ordered the same to be transcryved, which was accordingly done, And therafter signed in presence, of the writter and two or three of his oun servants And at the same time he did also signe a paper bearing the portiones and aliement that he allowed for his Childrein untill ther bonds of provision came to bear annualrent, all which he did by the advice of the best lawiers of the kingdome upon full informatione of his Circumstances and the Conditione of his estate, Which papers he delivered to Alexander Innes his servant, and after his buriall at the Ladies desire they were delivered by him to the tutors, and read before the Earle and Countes of Southerland and others freinds then present, My Lady and her relationes being displeased that non of them were named to be tutors, and that the Custody of her Childrein were taken from her, She demanded Doubles of the papers; Which were accordingly given her and albeit she was Consciouse to her self, That what her husband did in this mater Could not be quarrelled be her upon any ground of Law, yet she gives in a petition to the saids Lords Representing that the nominatione of tutors and setleing of his Childrein was no free and deliberat acts of her husbands But that he was Imposed upon in the extreamitie of his sicknes, By the Importunitie of the Ladie Lyes, and the rest of the tutors, and that he was under a deligirium at the time after a Convulsion fitt, and that they were not read to him, And that his hand was led with the pen when he subscryved, and that what he did is inconsistant with it self, And that the portiones of some of the elder Childrein is but the half of what is given to the younger Upon these representationes and a Sumonds of reductione raised at the Ladies instance with Concourse of Mr John Arbuthnot the tutor of Law, who is one of the accepting tutors nominat by the viscount, Their Lordships were pleased to allow my Ladie to continue in the possesione of the house of Arbuthnot and to have the Custody of her Childrein untill the first of December, And in the mean time discharged the petitioners from medling with the Chartor Chist Or makeing of Inventars, This being done in the petitioners absence, and without Citeing of parties they conceave themselves bound alse much for the vindication of their oun Credit and honor as for the weell and advantage of the pupills affairs Comitted to their trust, To represent to ther Lordships what they could have answered to my Ladies petitione if they hade been either cited or present In the first place they could have absolutly denyed that ther was any of them present or in the roome with the viscount, when he signed the papers except his oun brother Mr John Arbuthnot, And albeit the Ladie Leyes his sister was also present, yet she was a person of more honor and Discreatione Then to have used the least Importunitie with her brother, In matters of that nature, And it is very weell knowen to my Lady Arbuthnot that her husband needed not the advice farrless to be Importuned by any bodie to what he did, either in the nomination of the tutors or Setlement of his Childrein, which could be no Surprize to my Ladie, For its weell knowen that whatever was my Lord Arbuthnots oppinion of my Ladies qualificationes for other affairs, yet he did not think it fitt to give her the educatione or Custodie of his Childrein wherof my Ladie may be Suficiently Convinced by his subscryved latter will and testament subscrived seven years agoe, And which is a plain evidence of his oppinion was then alse weell as at the hour of his death, and as to my Ladies Complaint of the In-equalitie of the Childreins portiones, The petitioner humbly conceaves That they are not bound to make any answer But that it was in the viscounts power so to doe, and that what he did in the matter was upon Considerations best know’n to himself, and as to the other grounds of the Complaint in relatione to my Lords indispositione and incapacitie or that his hand was led with the pen etc The petitioners not being present They referr the answer of these to ane testificat under the hands of Mr Francis Melvill parish minister, Who Declairs that he did many times Converse with the viscount the time of his sicknes, Having been above ten dayes altogither closs in his house besides other times he hade occasione to visit him yet he did never hear him utter any Impertinent word or expression, But found him upon all Occassiones and Subjects more rationall accute and sincible then ever he hade found him in his best health, And by another attestatione under Doctor Gordon phisitian his hand, who Declairs he haveing attended the viscount dureing his sicknes That generally throw the Current of his of sicknes he hade his Judgment and reasone intire as in the time of his best health, So that he was alse Capable to order his affairs as at any other time in his best health, nor was ther any ground to questione any of his deeds upon the account of any delirium both which testificats wes therwith produced Declair this to be of treuth upon soull and Conscience, and who are persones of unquestionable fame and reputatione, And the petitioners desyres that the testificats might be read, By which and by what is here2 represented to the saids Lords will be suficiently Convinced that my Ladies Complaint proceeds more from humor then any other Just ground She hath to quarrell what her husband hath done in this matter, And its hoped the saids Lords would Consider the petitioners as persones of that Discreatione, That they would not undertake ane office of this natture Far less have taken any indirect methods to obtaine the same if it were not the difference they or to the viscounts Last will, And standing of his familly, For which they were resolved to Imploy their Credit alse weell as their paines, which the Circumstance of that estate will requyre in a great measure Which being Considered the saids Lords are to Judge how farr my Ladie hath been a freend to the familly by this Complaint which can have no other effect but to retard and Discourage the petitioners In the managment Comitted to them, and give occasione to the Creditors to goe in dilligence for their debts to the utter ruine of that estate to which my Ladie hath hade but litle regaird since her husbands death, And particularly in bringing her eldest sone to Edinburgh in the winter time, albeit ane infant who Could not but be in hazard of his life by such a Journey and for which its supposed her Ladieship hade no warrand by the saids Lords interloquitor, By which she was only to Continue the possessione of the house and Custody of the Childreen to the first of December, And Therfore Humbly Craveing the saids Lords to take this matter to their serious Consideratione For if this setlement shall be overturned by Calumnious representationes It would be of dangereous Consequence to the natione alse weell as tend to the prejudice of his ancient familly, And seing the grounds of my Ladies Complaint resolves in reasones of reductione of her husbands deeds which are only Competent before the Lords of sessione, and that the proces is with Concourse of the tutor in law (who is one of the petitioners) and disclaimes the samen, That therfore the saids Lords would be pleased to take off any stopt put to the petitioners manadgment in the pupills affairs by their former interloquitor and ordaine the Custody of the Air and other Childrein to take effect Conforme to their fathers appointment, or if the saids Lords thought fitt the tutors are Content the point of right may be remitted to the Lords of sessione to be determined by them Sumarly as accords as the petition bears The Lords of their Majesties privy Councill haveing Considered this petition given in to them be Sir Thomas Burnet of Leyes and remanant tutors of the viscount of Arbuthnot with another petitione for the Lady Arbuthnot with another petitione for the Lady Arbuthnot They heirby of Consent of both parties Remitt to the Lords of Councill and Sessione Sumarly to discuss the point of right in debate betwixt the parties and in the mean time Continues the viscountess of Arbuthnot in the possessione of the house and yeards of Arbuthnot and Custody of her Childrein untill the first day of march nixt, And appoints her to have fewelling for the use of her house And allowes the tutors to uplift the rent of the lands and midle with the wrytes of the deceast viscount as accords in law.

1. NRS, PC2/25, 83r-86r.

2. Insertion.

1. NRS, PC2/25, 83r-86r.

2. Insertion.

Act, 20 November 1694, Edinburgh

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Edinburgh the Twentie day of november Jaj vjc nyntie four years

D1694/11/161

Act

Act Hendersone of Auchtifardell

Anent the petitione given in to the Lords of ther majesties privy Councill be Robert Hendersone of Auchtifardell Shewing That wher ther being ane bill presented to the saids Lords in october Last in the name of William Meinzies of Raw Representing that he was the appearand air male of William Meinzies of Castlhill and that the defuncts lands were tailzied to airs male and therby hade intrest to Crave the defuncts writtes might be secured and transmitted to the hands of a Clerk to the sessione Their Lordships did appoint the Lord Carmichaell to seall and secure the writtes And Ordained the petitioner to see and answer according the defuncts Cabinatt Containeing the writtes were sealled The petitioner Doe therfore in answer to the forsaid petition humbly represent to their Lordships primo that Raw produces nothing to make appear that the Lands in question are provyded to airs male /2o/ tho the Same were made appear ther is a Course provyded by Law to appearand airs by exhibitiones ad deliverandum and he hath taken that legall Course by raising and executeing ane exhibitione with which he ought to rest satisfied Because the law doeth not allow any other priviledge to appearand airs Tertio Since the petition presented to their Lordships the said William Mckenzie Meinzies has applyed to the Lords of session by two severall bills desyreing sequestratione of writtes and of the rents of the defuncts estate, Which the Lords have rejected, and by these applicationes the petition presented to their Lordships is to be Considered as desarted and passed from and the same desyre of sequestrating the defuncts wrytes being refused by the Judge ordinary he cannot in reasone expect that their Lordships should grant what the Lords refused, for ther is no question that as their Lordships may Justly determine in points of Sequestration and possessione for ane interim till the right of some persone appear, So the Lords of sessione are likewayes Competent and are in use to sequestrat rents or wrytes wher ther is Just Cause for it upon sumer applicationes, But ther was no reasone found be the Lords for such ane sequestration in this case, For farder Clearing of this point Ther Lordships would be pleased to Consider that not only did2 the defunct think fitt to leave the wryts in the petitioners house wher they have remained for severall years But likewayes the defunct granted bond of Taillie in the petitioners favors faillieing airs of his oun bodie and wherby their Lordships might be Satisfied that he designed the petitioner both the right Custody and possessione of his wrytes in the event that hath hapned And the petitioner doe also stand infeft in his estate for securitie and payment of certaine debts due to the petitioner, and releif of Cautionrie Wherby the petitioner has right to have Imediat access to his rents for the petitioners payment and releef of debts, Which are very Considerable and therby have present use and necessitite of the defuncts wrytes both to attaine and defend the petitioners possessione And lastly It appears by the said William Menzies his application to severall Judicatories That he intends by all means to disquyet the petitioners right and possession and for that Cause the petitioner has all the reason in the world to debarr him from any extraordinary benefit of succession which the Law has not allowed, and ther may in any inconveniencies aryss by oppening Chartor Chists, nevertheless seing ther Lordships have thought fitt to appoint the Cabinet to be sealled, And that Raw has desired the writtes to be inventared by the shireff depute, The petitioner doe this farr agree That their Lordships Grant warrand to the shireff depute to take off the sealls to open the Cabinet and to inspect the writtes, that shall be found their and that in caise the shiref depute doe find any writtes Concaived in favors of airs maill, or personally in favors of Raw That the said shireff depute allow him inspection and inventar of such wrytes allenarly and this being all the benefite that Law doeth allow to appearand airs upon exhibitiones ad deliverandum The petitioner humbly expects ther Lordships will not find it just to Grant nor ought he to demand more And Therfore Humbly beseeching the saids Lords To appoint the shireff depute of Lannerk to take off the sealls of the defuncts Cabinet to open the same and inspect the writes that shall be found ther, by himself, And that Raw may be present at the opening of the wrytes, and to be near at the shireff deputs Call to have inspectione of any writtes that shall be found ther Conceived in favors of him, or the airs males or that therafter the said Cabinat and papers which are in the petitioners house may be left in the petitioners possession, to be used by the petitioner as accords of the Law, as the petition bears The Lords of their majesties privy Councill Having Considered the above petition given in to them be Robert Kennedy of Auchtifardell They heirby appoint […] 3 simervell of Spittell sheriff depute of Lanerk to break open the sealls which are upon the above papers or Cabinets quherin they are, and to inspect the papers themselves and to deliver such of them as are Conceived in favors of William Meinzies of Raw to himself personally and to transmitt such of the saids wrytes as are conceived in favors of the airs male of the deceast William Meinzies of Castlhill to the hands of […] one of the Clerks of Councill and sessione and Clerk to the above proces of exhibitione ad deliberandum, And appoints the rest of the saids papers to remaine in the hands of the said Robert Kennedy of Auchtifardell wher they presently are to be made use of by him as accords in Law, and allowes both Meinzies of Raw, and Kennedy of Auchtifardell to be present at the inspecting of the forsaid papers if they please, And for that end appoints the shireff depute to make intimatione to both parties of the day wherupon he is to oppen the sealls and inspect the papers.

Edinburgh the Twentie day of november Jaj vjc nyntie four years

D1694/11/161

Act

Act Hendersone of Auchtifardell

Anent the petitione given in to the Lords of ther majesties privy Councill be Robert Hendersone of Auchtifardell Shewing That wher ther being ane bill presented to the saids Lords in october Last in the name of William Meinzies of Raw Representing that he was the appearand air male of William Meinzies of Castlhill and that the defuncts lands were tailzied to airs male and therby hade intrest to Crave the defuncts writtes might be secured and transmitted to the hands of a Clerk to the sessione Their Lordships did appoint the Lord Carmichaell to seall and secure the writtes And Ordained the petitioner to see and answer according the defuncts Cabinatt Containeing the writtes were sealled The petitioner Doe therfore in answer to the forsaid petition humbly represent to their Lordships primo that Raw produces nothing to make appear that the Lands in question are provyded to airs male /2o/ tho the Same were made appear ther is a Course provyded by Law to appearand airs by exhibitiones ad deliverandum and he hath taken that legall Course by raising and executeing ane exhibitione with which he ought to rest satisfied Because the law doeth not allow any other priviledge to appearand airs Tertio Since the petition presented to their Lordships the said William Mckenzie Meinzies has applyed to the Lords of session by two severall bills desyreing sequestratione of writtes and of the rents of the defuncts estate, Which the Lords have rejected, and by these applicationes the petition presented to their Lordships is to be Considered as desarted and passed from and the same desyre of sequestrating the defuncts wrytes being refused by the Judge ordinary he cannot in reasone expect that their Lordships should grant what the Lords refused, for ther is no question that as their Lordships may Justly determine in points of Sequestration and possessione for ane interim till the right of some persone appear, So the Lords of sessione are likewayes Competent and are in use to sequestrat rents or wrytes wher ther is Just Cause for it upon sumer applicationes, But ther was no reasone found be the Lords for such ane sequestration in this case, For farder Clearing of this point Ther Lordships would be pleased to Consider that not only did2 the defunct think fitt to leave the wryts in the petitioners house wher they have remained for severall years But likewayes the defunct granted bond of Taillie in the petitioners favors faillieing airs of his oun bodie and wherby their Lordships might be Satisfied that he designed the petitioner both the right Custody and possessione of his wrytes in the event that hath hapned And the petitioner doe also stand infeft in his estate for securitie and payment of certaine debts due to the petitioner, and releif of Cautionrie Wherby the petitioner has right to have Imediat access to his rents for the petitioners payment and releef of debts, Which are very Considerable and therby have present use and necessitite of the defuncts wrytes both to attaine and defend the petitioners possessione And lastly It appears by the said William Menzies his application to severall Judicatories That he intends by all means to disquyet the petitioners right and possession and for that Cause the petitioner has all the reason in the world to debarr him from any extraordinary benefit of succession which the Law has not allowed, and ther may in any inconveniencies aryss by oppening Chartor Chists, nevertheless seing ther Lordships have thought fitt to appoint the Cabinet to be sealled, And that Raw has desired the writtes to be inventared by the shireff depute, The petitioner doe this farr agree That their Lordships Grant warrand to the shireff depute to take off the sealls to open the Cabinet and to inspect the writtes, that shall be found their and that in caise the shiref depute doe find any writtes Concaived in favors of airs maill, or personally in favors of Raw That the said shireff depute allow him inspection and inventar of such wrytes allenarly and this being all the benefite that Law doeth allow to appearand airs upon exhibitiones ad deliverandum The petitioner humbly expects ther Lordships will not find it just to Grant nor ought he to demand more And Therfore Humbly beseeching the saids Lords To appoint the shireff depute of Lannerk to take off the sealls of the defuncts Cabinet to open the same and inspect the writes that shall be found ther, by himself, And that Raw may be present at the opening of the wrytes, and to be near at the shireff deputs Call to have inspectione of any writtes that shall be found ther Conceived in favors of him, or the airs males or that therafter the said Cabinat and papers which are in the petitioners house may be left in the petitioners possession, to be used by the petitioner as accords of the Law, as the petition bears The Lords of their majesties privy Councill Having Considered the above petition given in to them be Robert Kennedy of Auchtifardell They heirby appoint […] 3 simervell of Spittell sheriff depute of Lanerk to break open the sealls which are upon the above papers or Cabinets quherin they are, and to inspect the papers themselves and to deliver such of them as are Conceived in favors of William Meinzies of Raw to himself personally and to transmitt such of the saids wrytes as are conceived in favors of the airs male of the deceast William Meinzies of Castlhill to the hands of […] one of the Clerks of Councill and sessione and Clerk to the above proces of exhibitione ad deliberandum, And appoints the rest of the saids papers to remaine in the hands of the said Robert Kennedy of Auchtifardell wher they presently are to be made use of by him as accords in Law, and allowes both Meinzies of Raw, and Kennedy of Auchtifardell to be present at the inspecting of the forsaid papers if they please, And for that end appoints the shireff depute to make intimatione to both parties of the day wherupon he is to oppen the sealls and inspect the papers.

1. NRS, PC2/25, 81r-83r.

2. Insertion.

3. The word ‘Spittelvell’ scored out here.

1. NRS, PC2/25, 81r-83r.

2. Insertion.

3. The word ‘Spittelvell’ scored out here.

Sederunt, 20 November 1694, Edinburgh

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D1694/11/152

Sederunt

Lord Chancelor; Earl of Melvill p s; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Leven; Earl of Anandale; Earl of Forfar; Earl of Brodalbine; Lord Murray; Viscount Tarbat; Lord Yester; Lord Raith T dpt; Lord Carmicheall; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Laird of Blackbarrony; Laird of Leyes; Laird of Pollock; Sir John Hall

Edinburgh the Twentie day of november Jaj vjc nyntie four years1

D1694/11/152

Sederunt

Lord Chancelor; Earl of Melvill p s; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Leven; Earl of Anandale; Earl of Forfar; Earl of Brodalbine; Lord Murray; Viscount Tarbat; Lord Yester; Lord Raith T dpt; Lord Carmicheall; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Laird of Blackbarrony; Laird of Leyes; Laird of Pollock; Sir John Hall

1. NRS, PC2/25, 81r.

2. NRS, PC2/25, 81r.

1. NRS, PC2/25, 81r.

2. NRS, PC2/25, 81r.

Act, 13 November 1694, Edinburgh

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Edinburgh the Threttein day of november Jaj vjc nyntie four years

D1694/11/141

Act

Act William Fairly glover.

Anent a Petition given in to the Lords of their majesties privy Councill be William Fairly Glover in Dunse Shewing That quher ther being nine men to be put out by the toune of Dunse in the late Levies, The toune did put out the said number and Captaine Turnbull did give his Discharge and recept of them as also the list of them by name and sirname was given in to the Clerk of the shire, notwithstanding quherof John Cockburne barron baillie of the said burgh haveing throw favor as it seems slipt one of the number and therupon Conveened the inhabitants to furnish another, They gave in their Complaint to the Commissioner of the shire and upon the fourth of Aprill Last got ane act under the hand of their Clerk finding the said nyne men to be put out and Discharged as above, But the said John Cockburne not being therwith satisfied, hath at his oun hand seized upon the petitioner albeit that the burgh be Discharged as said is, and that the petitioner, Did Contribut his part for Outreiking of the burghs proportione And seing that this procedure in a barron baillie is most arbitrary and oppressive in not only seizeing the petitioner as said is, But detaineing him a prisoner at the Ironhouse in great hardship and extreamity And Therfore humbly Craveing the saids Lords to Consider the premisses suficiently instructed by the said act of the Commissioners theirwith produced and not only to order the petitioner to be sett at libertie, But to ordaine the said barron baillie to repay the petitioner his damnages and if ther be non to answer for him to Grant warrand that he may be sumarly cited to answer for his forsaid misdemanor as the petitione bears The saids Lords of their majesties privy Councill haveing Considered this petition with the act of the Commissioners of Supply mentioned therin and produced therwith They ordaine John Cockburne barron baillie of Dunse to be Cited before the Councill and Grants warrand for letters for citeing him to answer to the bill against the second Teusday of December nixt and likewayes for Citeing witnesses And in the mean time gives order and warrand to the said barron baillie and the keeper of the Tolbooth of Dunse To sett the said petitione at Libertie furth therof he first before his liberatione giveing bond and finding Cautione acted in the books of privy Councill That he shall appear before their Lordships upon the said second Teusday of December nixt, and shall insist untill the petitione be discussed and shall attend all the petitione be discussed and shall attend all the Dyetts that shall be appointed by the Councill or their Committie in this matter and shall obtemper the sentance of Councill so farr as shall be Decerned against him under the penalty of thrie hundred merk incaice he shall transgress in any part of the premisses.

Edinburgh the Threttein day of november Jaj vjc nyntie four years

D1694/11/141

Act

Act William Fairly glover.

Anent a Petition given in to the Lords of their majesties privy Councill be William Fairly Glover in Dunse Shewing That quher ther being nine men to be put out by the toune of Dunse in the late Levies, The toune did put out the said number and Captaine Turnbull did give his Discharge and recept of them as also the list of them by name and sirname was given in to the Clerk of the shire, notwithstanding quherof John Cockburne barron baillie of the said burgh haveing throw favor as it seems slipt one of the number and therupon Conveened the inhabitants to furnish another, They gave in their Complaint to the Commissioner of the shire and upon the fourth of Aprill Last got ane act under the hand of their Clerk finding the said nyne men to be put out and Discharged as above, But the said John Cockburne not being therwith satisfied, hath at his oun hand seized upon the petitioner albeit that the burgh be Discharged as said is, and that the petitioner, Did Contribut his part for Outreiking of the burghs proportione And seing that this procedure in a barron baillie is most arbitrary and oppressive in not only seizeing the petitioner as said is, But detaineing him a prisoner at the Ironhouse in great hardship and extreamity And Therfore humbly Craveing the saids Lords to Consider the premisses suficiently instructed by the said act of the Commissioners theirwith produced and not only to order the petitioner to be sett at libertie, But to ordaine the said barron baillie to repay the petitioner his damnages and if ther be non to answer for him to Grant warrand that he may be sumarly cited to answer for his forsaid misdemanor as the petitione bears The saids Lords of their majesties privy Councill haveing Considered this petition with the act of the Commissioners of Supply mentioned therin and produced therwith They ordaine John Cockburne barron baillie of Dunse to be Cited before the Councill and Grants warrand for letters for citeing him to answer to the bill against the second Teusday of December nixt and likewayes for Citeing witnesses And in the mean time gives order and warrand to the said barron baillie and the keeper of the Tolbooth of Dunse To sett the said petitione at Libertie furth therof he first before his liberatione giveing bond and finding Cautione acted in the books of privy Councill That he shall appear before their Lordships upon the said second Teusday of December nixt, and shall insist untill the petitione be discussed and shall attend all the petitione be discussed and shall attend all the Dyetts that shall be appointed by the Councill or their Committie in this matter and shall obtemper the sentance of Councill so farr as shall be Decerned against him under the penalty of thrie hundred merk incaice he shall transgress in any part of the premisses.

1. NRS, PC2/25, 80r-81r.

1. NRS, PC2/25, 80r-81r.

Act, 13 November 1694, Edinburgh

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Edinburgh the Threttein day of november Jaj vjc nyntie four years

D1694/11/131

Act

Act Archibald Johnstone

Anent a Petition given in to the Lords of their Majesties privy Councill be James Peddie late provest of Glasgow John Corss Dean of Gild and John Bowman merchant ther tutors and overseers to Archibald Johnstone sone to Archibald Jonston merchant in Barbadowes and the said Archibald for himself Shewing That wher the said Archibald Johnstone being Recommended by his father to the petitioners tutary 2 and oversight as to his Christian educatione And to that end sent him from the forsaid place about thrie years agoe, he not being then above twelue years of age That they might see to the instructing of him at schoolls and otherwayes, And in Complyance of the said Archibald Johnstone his desire have accordingly seen to the educatione of his said sone by keeping him at schoolls in Glasgow wher he made very good proficiency in his study of Latine haveing past his Course, and being ready for the Colledge But the said youth being Some way misfortunat and falling accidentally in the Company of some souldiers who made him drink and therupon advised him to ingadge in the Company of one Captaine Grahame in Collonell Douglas his regiement he not being as yet above fiftein years of age, off which rashnes and fully The said youth doeth now sorely repent and is most sensible of his folly and would willingly desert his present post haveing a good and strong inclynatione to follo his studies and to goe for the Colledge, yet the said Captaine doeth positively refuse to allow him his pass unles he provyde two men in his place, which is most unreasonable, The petitioners being wiling to give him one man And Therfore Humbly Craveing the saids Lords to Consider the premisses and to ordaine the said Sir William Douglas and Captaine Grahame to Grant ane valide and suficient pass to the said Archibald Johnstone presently upon the petitioners provydeing one suficient man in his place The regiement being to march to the north upon Thursday nixt, which is most agreeable to the saids Lords ther Justice as the said petition bears The saids Lords of their majesties privy Councill haveing Considered this petition given in to them be the tutors of Archibald Johnstone and himself for his intrest They Ordaine Collonell Sir William Douglas and Captaine […] Grahame in his regiement to Grant a valide and suficient pass presently to the said Archibald Johnstone In Respect he is not yet above fiftein years of age, The said Archibald allwayes at the recept of his pass provyding a suficient man to serve as a souldier in the said regiement in his place and delivering him to the said Collonoll or Captaine.

Edinburgh the Threttein day of november Jaj vjc nyntie four years

D1694/11/131

Act

Act Archibald Johnstone

Anent a Petition given in to the Lords of their Majesties privy Councill be James Peddie late provest of Glasgow John Corss Dean of Gild and John Bowman merchant ther tutors and overseers to Archibald Johnstone sone to Archibald Jonston merchant in Barbadowes and the said Archibald for himself Shewing That wher the said Archibald Johnstone being Recommended by his father to the petitioners tutary 2 and oversight as to his Christian educatione And to that end sent him from the forsaid place about thrie years agoe, he not being then above twelue years of age That they might see to the instructing of him at schoolls and otherwayes, And in Complyance of the said Archibald Johnstone his desire have accordingly seen to the educatione of his said sone by keeping him at schoolls in Glasgow wher he made very good proficiency in his study of Latine haveing past his Course, and being ready for the Colledge But the said youth being Some way misfortunat and falling accidentally in the Company of some souldiers who made him drink and therupon advised him to ingadge in the Company of one Captaine Grahame in Collonell Douglas his regiement he not being as yet above fiftein years of age, off which rashnes and fully The said youth doeth now sorely repent and is most sensible of his folly and would willingly desert his present post haveing a good and strong inclynatione to follo his studies and to goe for the Colledge, yet the said Captaine doeth positively refuse to allow him his pass unles he provyde two men in his place, which is most unreasonable, The petitioners being wiling to give him one man And Therfore Humbly Craveing the saids Lords to Consider the premisses and to ordaine the said Sir William Douglas and Captaine Grahame to Grant ane valide and suficient pass to the said Archibald Johnstone presently upon the petitioners provydeing one suficient man in his place The regiement being to march to the north upon Thursday nixt, which is most agreeable to the saids Lords ther Justice as the said petition bears The saids Lords of their majesties privy Councill haveing Considered this petition given in to them be the tutors of Archibald Johnstone and himself for his intrest They Ordaine Collonell Sir William Douglas and Captaine […] Grahame in his regiement to Grant a valide and suficient pass presently to the said Archibald Johnstone In Respect he is not yet above fiftein years of age, The said Archibald allwayes at the recept of his pass provyding a suficient man to serve as a souldier in the said regiement in his place and delivering him to the said Collonoll or Captaine.

1. NRS, PC2/25, 79r-80r.

2. The words ‘as to’ scored out here.

1. NRS, PC2/25, 79r-80r.

2. The words ‘as to’ scored out here.