D1693/11/8
D1693/11/82
Sederunt
Lord Chancelor; Earl of Drumlanrig; Earl of Southerland; Earl of Linlithgow; Earl of Forfar; Viscount Tarbat; Viscount Stair; Lord Beilhaven; Lord Advocat; Lord Justice Clerk; Lord Enstruther; Mr Fr: Montgomrie; Sir Thomas Liveingstone.
1. NRS, PC2/24, 268r.
2. NRS, PC2/24, 268r.
1. NRS, PC2/24, 268r.
2. NRS, PC2/24, 268r.
D1693/11/7
D1693/11/71
Procedure: committee formed
Lybelled Crafurd of Carsburne against Banatyne of Kaymes and others called and the pursuers Compeiring personally with Mr David Dalrymple his advocat and Banantyne of Kaimes, Elizabeth Bannatyne his sister, Archibald Glass […] Archibald Mcgibbon and Donald Frazer five of the defenders Compeiring also personally with Sir James Ogilvie Sir Patrick Home and Mr Robert Stewart ther advocats and the rest of the defenders being called and not Compeiring The Lybell and answers being read, The persuars advocats Craved Certificatione against the absents The Lords of ther majesties privy Councill haveing Considered the Lybell and answers and both parties being fully heard, The Councill Superceids the granting of2 Certificatione against the absents till the advyseing of the cause And Finds the Lybell relevant and admitts the same to probatione and the witneses following haveing Compeired and made faith at the barr viz William Wood Donald Hyndman John Gaillie Robert Stewart Thomas Crafurd and Archibald Mclauchlan The saids Lords Remitts to the Earl of Forfar, Lord Beilhaven and Lord Justice Clerk to examine the witneses And Reserves all objectiones quhich may be inside against the witneses to be proponed and discussed before the Committie And Declairs any two of the Committie to be a suficient quourum and appoints them to meett the morrow at nyne a cloak in the forenoon
1. NRS, PC2/24, 267v-268r.
2. The words ‘granting of’ are an insertion.
1. NRS, PC2/24, 267v-268r.
2. The words ‘granting of’ are an insertion.
D1693/11/6
D1693/11/61
Warrant
The Councill ordained the Clerks of Councill to give out the act of Councill of the fourth of august last allowing the Lady Glascloon ane years aliement alse weell against […] Blairnow of Lethendie whom the saids Lords Ordaines to make payment of the said aliement as against Euphan Blair Lady Lethendie, albeith the said act was only pronounced against the said Euphan Blair Superceiding extract till Tuesday nixt inclusive to the effect the said […] Blair of Lethendie may be heard if he have any thing to represent why he should not be Decerned and ordaines horning on fiftein dayes.
1. NRS, PC2/24, 267v.
1. NRS, PC2/24, 267v.
D1693/11/5
D1693/11/51
Decreet
Anent the Lybell raised and pursued before the Lords of their majesties privy Councill be Mr John Corsan minister at Abdie Mr George Anderson minister at Logie and Sir James Stewart ther majesties advocat for their highnes intrest in the matter underwritten Mentioning That quher by the Lawes of this and all other weell governed nationes the Causeles and violent assaulting and beatting of others especially ministers of the Gospell in the way and maner after Lybelled is a high cryme and ought to be severly punished, Lykeas by the act of parliament James Sixt parliament Eleventh Caput twentie-seven Its statute That who invads or puts violent hands in any minister shall be punished to tinsell of moveables for the violence allenarly the one half to the king and the other half to the partie offended, Which act is Ratified by the act Charles first, parliament first, Caput Seventh, As alsoe by the act Charles second, parliament second, Caput fourth Its statute that Such as shall be found guilty in assaulting the lifes of ministers of robbing of their houses or actually attempting the same be punished be death and the escheat of their moveaballs, As Lykewayes by the Lawes and acts of parliament of this kingdome and particularly by the sixtein act of the Convention of estates Jaj vjc Eightie nyne It is ordained that presume to oun or acknowledge the late king James the seventh for their king and by the second act of the parliament held that year That no man in, any maner of way disoune quarrell or Impugne their majesties Royall power and authority or right to the Croune Nevertheless It is of verity that […] Auchinleck of Ballmano shakeing of all fear of god and registrated to their majesties Lawes did upon the twentie Eight as one or other of the dayes of August Last by past come towards the house of manse wher the said Mr John Corsan dwells And as he approached the same did creually threaten to sett upon the said Mr John to assault his life and finding ther the said Mr George Andersone, He without any provocatione did fall upon him and beatt him upon the head and other parts of the body with a great staff or batton to the bruiseing and violent hurting of the same And then goeing a litle way off, But still seekeing and watching ane opportunity to find the said Mr John Corsan He returned within a little and perceiveing the said Mr John goeing peacably to his shearers, He declaired to the persones standing by that he sought him to beat him on Woodmylnes accompt, That was be cause Mr John hade according to his dutie pursued the said Woodmylnes for some money owing be him to the poor of the parish and then running upon the said Master John he Cruelly beat him with a great staff or battone in his hand untill Mr John fell doun and then after many stroaks given him, beatt him on the head untill the batton brock in his hand, And not being therwith content he swear it should not goe so, and Chassing a woman present with a stone he hade taken up Therafter he mett the said Mr John goeing back to his house, And took up a watter Trough for wattering of fowlls, And threw it at the said pursuer And therby brock it in peices, And then took up stones and threw2 at him untill Mr John gott into his house and shutt the door upon him Lykeas the said Auchinleck of Ballmano being not only Maliciously disafected to ther majesties government Did on one or other of the dayes of the moneths of June or Jully last by past in the house of David Stewart of Lindores and sitting in Companie of […] Oliphant of Keirie begine and drink the health of the late King James, Which health they also drank and pledged the same albeit others in the Company refuised and would not drink it Wherupon also the said Balmano took up the pynt Stoup and break it on the said David Stewart his head to the effusion of his blood and that in his oun house By all quhich it is manifast that the said Auchinleck of Ballmano is alse a great and Manifast violence and Ryot as also that he and the said Keirie are also guilty of ouning the late King James and of disouning their majesties at least airt and part of the same, for which violence and Ryot Committed on the persones of the said George Anderson and Mr John Corsan ministers of the Gospell by the said Balmanno, He ought to ommitt and Loss his haill moveables and the same escheated The half to their majesties and the other half to the said pursuars offended as the Lykewayes he and the saids Keirrie for their drinking of the forsaid health ought to be severly punnished to the example and terror of others to committ the like in time comeing And Anent the charge given to the said defenders to have Compeired before the saids Lords at ane Certaine day now bygone To have heard and seen such order and Course taken theranent as the saids Lords shall think fitt. as in3 the saids Letters and executiones therof4 at more Leanth is Contained, The above Lybell at the instance of the said Mr John Corsan and Mr George Andersone against […] Auchinleck of Ballmano and John Oliphant of Keirie Being this day called in presence of the saids Lords of their Majesties privy Councill, And the pursuers Compeiring personally with Mr David Dalrymple their advocat And Ballmano being Lawfully cited oft tymes called and not Compeiring And Mr John Oliphant Compeiring personally The saids Lords Grants Certificatione against Ballmano and Ordaines letters to be direct to macers or 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 Lawfully and orderly denunce the said Auchinleck of Balmano Rebell and put him to their Majesties horne escheat and inbring all his moveable goods and geir to their majesties use for their contemptione and Disobedience And the Lord advocat haveing detained that he hade Lybelled against Mr Oliphant for drinking the late King James his health, The Lybell was read upon his account, And the saids Lords of privy Councill haveing Considered the Lybell so farr as concernes the said Mr John Oliphant They Find the Same relevant and admitts it to the pursuers probatione and David Stewart and Patrick Laing witneses against Mr Oliphant being called and David Stewart haveing Compeired and made faith at the barr and Patrick Laing being oft tymes called and not Compeiring Remitted to the Earle of Forfar Lord Beilhaven and Lord Justice Clerk to examine the said David Stewart and allowes farder dilligence by Caption against the said Patrick Laing and declaires any two of the Committie to be and suficient quorum.
1. NRS, PC2/24, 266r-267v.
2. The word ‘it’ scored out here.
3. Insertion.
4. Insertion.
1. NRS, PC2/24, 266r-267v.
2. The word ‘it’ scored out here.
3. Insertion.
4. Insertion.
D1693/11/4
D1693/11/41
Decreet
Anent the Lybell raised and pursued before the Lords of their Majesties privy Councill at the instance of John Innes Lawfull Sone to the deceast Coll John Innes of Lichnet and Sir James Stewart their Majesties advocat for their highnes intrest in the matter underwritten Mentioning That albeit the invading beatting and wounding of his majesties Leidges especially wher the same is done by any person in his oun house wher he ought to be most discreet and Civill and to protect all other persones that are accidentally ther upon their Lawfull occassiones, And quher the same is done after letters of Labourowes are duely raised and execute against him and Cautione found by them in the books of privy Councill for their peacable behavior and deportment be crymes of ane high nature and severly punishable by Imposeing upon them the fynes contained in the letters of Labourowes and otherwayes as the Lords of Councill shall think fitt Nevertheless It is of veritie that Alexander Garden of Troup haveing conceaved ane invetrat prejudice and malice against the pursuer James Innes and his deceased father They are necessitate for secureing of themselves against his cruell and malicious designed and attempts to raise and execute letters of Laborrowes against him, notwithstanding quherof the pursuer haveing upon the […] day of February Last by past or one or other of the dayes of the said moneth being the sabbath day gone to the house of the said Alexander Garden to Complaine to the Comander of a partie of his majesties forces that was in that Countrey of some abuse Committed by some of the souldiers under his Command upon some of the pursuars brothers tenents and subtenants And haveing recewed Satisfactione from the Commander of the partie theranent and being comeing away in a peacable maner, The said Alexander Garden of Tropp shakeing of all fear of god and respect to his majestie and his authoritie and Lawes did in a most barbarous and Cruell maner without any provocatione whatsomever fall upon the pursuer and gave him many grivious stroaks with a great staff or batton over the head and shoulders and upon his face to the great hazard of his life, and hade certainely beatt out his braines before ever he hade left him, If by the providence of god some persones then present have not rescued him out of his Cruell hands, By doeing quherof the said Alexander Gordon of Troup is guilty of the breach and Contraventione of the letters of Laborowes and of ane open and manifast ryot violence and oppressione Comitted by him against the pursuar upon the sabath day within his oun house in maner forsaid And for quhich he ought not only to be fyned and amerciat in the soume of thrie thousand merks contained in the letters of Laborowes the one half therof to be applyed for ther majesties use and the other half to the pursuar Conforme to the Lawes and acts of parliament and dayly practique in the like cases Bot Likewayes Ought to be otherwayes punished in his persone and goods to the example and terror of others to doe and Comitt the like in tyme comeing And Anent the charge given to the said Alexander Garden of Troup To have Compeired before the saids Lords this day to have answered to the grounds of the Complaint And to have heard and seen such order and Course taken theranent as apertained under the paine of rebellion etc as the said Lybell and executiones therof at more length of reconventione at the instance of the defender against the said pursuer Neill Urquhart and others being both this day called in presence of the Lords of their majesties privy Council and the pursuer Compeiring personally with Mr George Alexander advocat his procurator And the said Alexander Gardin of Troop Compeiring also personally with Sir James Ogilvie Mr Hewgh Dalrymple Mr David and Mr Robert Forbess advocats his procurators, The Laird of Troops procurators haveing declaired that they did not insist in the reconvention at his instance, But Remitted the principall Lybell to the Councills Consideratione And the saids Lords of privy Councill haveing Considered the principall Lybell at the said John Innes instance against Garden of Troop with the answers made therto, and both parties procurators being fully heard, They Find the said Lybell at John Innes instance not relevant to inferr a Contraventione of Laborrowes, And Therfore Assoylzies the said Alexander Gardine from the said Lybell In so farr as may be extended to a Contravention of Laborrowes, And Remitts the point of Ryot distinct from the Contraventione to be pursued before and discust by the Judge ordinary
1. NRS, PC2/24, 264v-265v.
1. NRS, PC2/24, 264v-265v.
D1693/11/3
D1693/11/32
Sederunt
Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Forfar; Viscount Tarbat; Viscount Stair; Lord Strathnaver; Lord Beilhaven; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall
1. NRS, PC2/24, 264v.
2. NRS, PC2/24, 264v.
1. NRS, PC2/24, 264v.
2. NRS, PC2/24, 264v.
D1693/11/2
D1693/11/21
Decreet
Anent the letters or Complaint raised and persewed before the Lords of their majesties privy Councill be David Buchanan merchant in Montross and Sir James Stewart for their majesties intrest in the matter underwritten Making Mentione That quheras by the Comon law and the lawes of all weell governed nationes and the Lawes and practique of this kingdome The unwarrantable seasing upon any persones goods and detaineing of the same is a high and manifast Ryot and severly punishable, as also if any Clerk wryter to the signet or messenger malverse in their offices either by registrating papers that are not registratable or raiseing horning or other Dilligences without a suficient warrand and the puting letters of horning to executione that are unwarrantably raised and unlawfull detaineing of goods after they are ordained to be delivered2 to the ouner by the Judge ordinar, are Crymes of ane high nature and severly punishable And particularly by the 38 act parliament 1st James 7th It is provyded that Because many wrytes are regestrated incompetently without the jurisdictione to the great prejudice of the leidges (such registrationes being void and null and Consequently all executione following therupon Therfore It is ordained that no Clerk to any inferior Court presume to registrate writtes in his books either for Conservatione or wher executione is to pass against any partie that dwells without the Jurisdictione under the paine of deprivatione and five hundred merks of penaltie the one half to the king and the other half to the partie persewer And It being of veritie That William Hamiltone in Elisonebank haveing decern a bill or precept upon the said pursuer for thretie punds Sterling payable to Samuell Douglas of Hissell-syde, And he haveing endorsed the same payable to Archibald Blaick writter in Edinburgh, and albeit the said bill or precept was not a foraigne bill bot ane Inland bill as also that that3 writts cannot be registrated be the Clerk of any inferior Court that dwells not within his Jurisdiction yet the said Archibald Black did most unjustly and unwarrantably give in the said bill or precept to be registrated in4 the5 shirreff Court books of Edinburgh and Mr James Scot Shireff Clerk of Edinburgh and Robert Thomsone his depute did most unjustly and unwarrantably give out ane extract therof albeit the said bill or precet be ane Inland bill was not registratable by the Law, and albeit the said David Buchanan did not live within the Jurisdictione being ane merchant and indwaller in Montross and William Forrester writter to the signet and alse unjustly and Unwarrantably raised letters of horning upon the said extract at the instance of the said Archibald Black who therupon caused Robert Allan messenger Cause charge the said pursuer and most unjustly and Maliciously did denunce and registrat him at the horne of purpose ruine his Credit and reputatione and as a farder evidence of the said Archbald Black his unjust procedure in the said affair and his wicked malice he caused Charge the pursuer at one Farquhars house at Leith as if it hade been his dwalling house, Wheras he never receided at Leith, nor in that house his ordinary residence being in Montross wher he dwells Bot this was done of purpose that the charge being so privately and Clandestinely at a place wher it could not have been Supposed to come to the pursuers knowledge that he might have redress himself in a legall way And that the said Archibald Black did take advantage of the pursuer to denunce and registrat him at the horne and so endeavored what he could to ruine him in his reputatione and Credit as if he hade been ane absolute bankrupt And seing merchants for the most part doe stand by their Credit in exerciseing of their trade it was most wicked and Maliciouse for the said Archibald Black to offer to registrat such a bill or precept which by the Law wes not registratable And in ane inferior Court book wher the pursuar did not Live within their Jurisdictione and to charge him with horning at a place wher he hade not his residence, So that the pursuar neither did nor could know that the said precept or bill was registrat, or that he was charged and denunced before the messengers came to take him with Caption And the said Archibald Blacks crewall malice did not sease ther bot the pursuer haveing about six Hundred bolls of meall into sellers at Leith the said Archibald Black William Forester writter and Patrick Cockburne messenger did most unwarrantably take the keyes of the severalls wher the meall was Lyeing from the persone that the pursuer hade intrusted with the keeping of it and seazed upon the said meall without metting of it, And still Detaines the keyes of the sellers, And albeit ane hundred bolls would have payed more then all the Soume contained in the precept, yet they most unjustly detained the wholl meall, so that albeit the said Archibald Black could have Lawfullie poynded for the said debt as he could not, Yet he and the said William Forester and Patrick Cockburne could not Lawfullie have taken the keyes of the meall sellers bot only poynded so much of the meall and Caused measure the same by ane Sworne Metster as would have satisfied and payed the debt, And the persone intrusted by the pursuer with the keeping of the meall haveing represented to the baillie of Leith the unjust usadge that the pursuars hade mett with The baillie, did grant a warrand Ordering the said Patrick Cockburne messenger to give up and deliver to the Clerk of Leith the key of that Meall Seller, And the order being presented and intimat to the said Patrick Cockburne he absolutely refused to give obedience to the same as appeared by ane instrument produced, And therafter the pursuer haveing come heir to toune and being about to sell his meall to some person that offered to buy it, The pursuer that he might not Loss his Marcat went to the said Archibald Black, and offered to pay him the Soume contained in the precept upon his granting discharge and delivering back to him the keyes of the meall Cellers and the meall intire provyding the Discharge should bear this reservatione that it should be without prejudice to the pursuer to pursue the said Archibald Black and the other persones Complained upon for the Ryot and their unwarrantable and Illegall actings and the said Archibald Black absolutely refused to receive his money as appeared. by ane instrument of the pursuars offer, And the said Archibald Blacks refusall, And the said Archibald Black William Forrester and Patrick Cockburne must unjustly and unwarrantably detaines the said meall and keyes of the seller so that the pursuer has not only extreamly suffered in his Credit and reputatione by the unwarrantable and Illegall registratione by the unwarrantable and Illegall registrating the said precept and Clandestinely Charging him and registrating him at the horne and takeing out Captione against him he being ane merchant, Bot also exceidingly damnified by the said Archibald Black William Forester and Patrick Cockburne their unwarantable keepeing and detaineing of the meall, By which the pursuars has lost his marcat and the meall is spoilled by keeping and is waisted and destroyed by beasts of which high and manifast ryot and other crymes abovementioned the said Archibald Black and the other persones Complained upon are guilty as actors airt and part And Thefore they and ilk one of them ought to be Lyable to the persuars for the damnage sustained by the forsaid Illegall diligence and by detaineing and keeping the meall and the keyes of the meall sellers Extending to the somne of […] And ought to be Decerned to deliver back to the pursuar the keyes of the meall Cellers with the meall, and be otherwayes punished in their persones and goods to the terror of others to Comitt and doe the like in tyme comeing And Anent the charge given to the charge given6 to the fornamed persones defenders To have Compeired this day before the saids Lords of privy Councill To have answered to the grounds of the above 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 leanth is Contained, Which Lybell being this day called in pursuar of the saids Lords And the pursuer Compeiring personally be Sir Patrick Home and Mr George Alexander advocates his procurators, And the haill defenders except Patrick Cockburne Compeiring alsoe personally with Sir James Ogilvie and Mr Hew Dalrymple advocats ther procurators The Lords of their majesties privy Councill haveing Considered the Lybell with the defenders answers and writtes produced for instructing fully heard They Find the Lybell not relevent to inferr a Ryot And Therfore assoylzies the defenders from the Ryot Lybelled, And appoints the baillies of Leith to take off the padlocks from of the sellers quherin the meall Lybelled is Locked up And to See alse much of the meall measured out and delivered to the said Archibald Black Conforme to the appretiation as will pay the Soumes in the7 bill and horning Lybelled And appoints the said magistrats and ther Clerks to deliver the keyes of the sellers and the rest of the meall to the pursuars And ordaines letters of horning etc.
1. NRS, PC2/24, 262r-264v.
2. The words ‘to do’ scored out here.
3. Sic.
4. One illegible word scored out here.
5. Insertion.
6. Insertion.
7. The word ‘Lybell’ scored out here.
1. NRS, PC2/24, 262r-264v.
2. The words ‘to do’ scored out here.
3. Sic.
4. One illegible word scored out here.
5. Insertion.
6. Insertion.
7. The word ‘Lybell’ scored out here.
D1693/11/1
D1693/11/12
Sederunt
Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Forfar; Viscount Stair; Lord Ross; Lord Beilhaven; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; Laird of Grant; Sir Thomas Livingstone
1. NRS, PC2/24, 262r.
2. NRS, PC2/24, 262r.
1. NRS, PC2/24, 262r.
2. NRS, PC2/24, 262r.
D1692/11/20
D1692/11/201
Order
The Lords of their majesties privy Councill Doe heirby Recomend to Sir William Lockhart their majesties solicitor to cause denunce and registrated the letters of denunciatione against John Garbat and others of Dalkeith that letters of intercomuneing may be Issued furth against them with all Dilligence.
1. NRS, PC2/24, 141v.
1. NRS, PC2/24, 141v.
D1692/11/19
D1692/11/193
Sederunt
Lord Chancelor; Earl of Drumlanrig; Earl of Linlithgow; Earl of Lothian; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Viscount Stair; Lord Raith thesr dept; Lord Cardross; Lord Beilhaven; Lord Carmicheall; Lord Hatton; Lord Fontonhall; Lord Enstruther; Mr Fra: Montgomrie; Laird of Blackbarrony; Laird of Stivenson; Sir William Lockhart; Sir Patrick Murray
1. The word ‘october’ scored out here.
2. NRS, PC2/24, 141v.
3. NRS, PC2/24, 141v.
1. The word ‘october’ scored out here.
2. NRS, PC2/24, 141v.
3. NRS, PC2/24, 141v.