Tag Archives: November

Judicial Proceeding, 24 November 1692, Edinburgh

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Edinburgh the Twentie fourth day of November Jaj vjc nyntie two years

D1692/11/181

Judicial Proceeding

Remitt Robertsone Against Scot etc

Anent the two severall Lybells raised and pursued before the Lords of their majesties privy Councill the one therof at the instance of Robert Robertsone late procurator phiscall of the burgh of Rutherglen and And2 now Residenter in Portsburgh (and for William Lockhart their majesties Solicitor) for their intress in the matter underwritten makand mentione That quher albeit the Sinister defrauding of persones of their Just rights, And the violent stoping of the procedur of Justice be way of Bangstry and oppression Comitted by inferrior magistrates under prentice of authoritie Therby depriveing Justice and malversing in the offices and the beatting of any of their majesties subjects to the effusione of their blood without any provocatione given And the breaking open of doors and spulzeing and away takeing open of doors and spulzieing and away takeing of Cornes furth of housses without any Collour of Law be Crymes of a high natur and severly punishable nevertheless It is of veritie that upon one or other of the dayes of the moneth of August Jaj vjc nyntie years, The said pursuar be vertue of his office as procurators phisicall of the said burgh And Patrick Reid residenter ther haveing Comenced a proces at their instance Against Androw Leith burges of the said burgh before the magistrates of Rutherglen for Stealling of other mens sheep and billing therof Forging of writtes removeing of march stones and land markes and oppression of the burgesses dureing the tyme he was toune thesaurer throw exacting and uplifting Contrary to his oath of fidelity of Soumes in name of Cess farr above each mans proportion Contained in ane stent roll, Which Lybell being found relevant by the magistrates and proven by the depositiones of witnesses in presence of ane Assyze, founded for that effect the said Androw Leitch was by a verdict of the said Assyze found guiltie of the severall crymes above specified, Bot the magistrats haveing delayed the pronunceing sentance against the said Androw Leitch till the michellmiss Court day which hapned within Eight or ten dayes therafter at which tyme the magistrates Viz the provest and two baillies haveing conveened in the Court holden within the Tolbooth of Rutherglen, and William Spence the toune Clerk haveing the forsaid process Lying before him upon the table John Scot one of the two baillies of the said burgh for that tyme streatched his hands over the bensh wher he then was sitting in Judgment Towards the Clerks table And took up the forsaid proces Consisting of the Lybells depositiones of the witnesses and verdict of the assyze Against the said Androw Leitch, and with ane unparralalled boldnes, Impudence and affrontrie put the same within his pocket notwithstanding that the provest and the other baillies ware sitting in Judgment with him, And the said procurator phiscalls did reclaime and protested against his doeing therof wherinto he made no reply, Bot that he should answer for what he did or some such like expression Lykeas upon one or other off the dayes of october Jaj vjc nyntie one years the said pursuar being at the marcat cross of the head burgh of Rutherglen assisting William Wood messengers at the appryseing of the said sheep belonging to the said Androw Leitch which ware poynded from him be vertue of letters of poynding raised at the instance of the said pursuar against him The said John Scot one of the present baillies forsaid Hounded out Mr Walter Watsone messenger with ane old Caption at Leitches instance against the said pursuar for ane debt which hade been satisfied of before be vertue therof the said pursuar being apprehended and made prisoner the tyme of the forsaid appretiatione of the sheep at the Cross Imediatly therafter, The said John Scot violently threw ane pistoll out of the pursuars hand and most unhumanely and barbareously struck him over the head with the pistoll to the effussion of his blood whill the messinger was carieing him away prisoner be vertue of the forsaid Caption, Which altogither in consistant with the dutie of a magistrat, Who Ought rather to have protected the said pursuar from any such violence that should have been offered to him by another And in like maner Androw Harvie late provest therof Imediatly therafter did attack the said pursuar when prisoner in the messengers hands upon the high street of the said burgh by beating him with his fist and thoumb upon the face and nose to the effusion of his blood without any provocatione quhatsomever Likas about the latter end of October or begining of november Jaj vjc nyntie one years, The said pursuars haveing Caused poynd and appryss ane stack of cornes to the number of Ten or twelue bolls belonging to the said Androw Leitch for payment and Satisfactione of another debt due to him be the said Androw after the said pursuar got the same Delivered to him be William Wood messenger who executed the poynding and after that the said pursuar hade transported the same to a lockfast house of his oun, wher the saids cornes remained in his power for the space of ten or twelue dayes till the said John Scot and Androw Leitch at their oun hands with their assosciats and accomplices without any Collour or Shadow of Law did break up the house door wher the cornes ware laid up and masterfully took the same away So that the said pursuar was Disapointed of his dilligence and roved of the said corne wherby the said John Scot Androw Leitch and Androw Hervie are guilty of open and manifast ryots, opression malvarsatione and contempt of authoritie, And Therfore the said John Scot Ought not only to be decerned to deliver up the forsaid proces against Androw Leitch so master-fully abstracted by him in maner abovewritten And he and the said Androw Leitch Ought to be Decerned to deliver back the saids cornes so spulzied and away taken by them in maner forsaid, To make payment to the said pursuar of ane hundreth punds as the value therof And the said John Scot, Androw Leitch and Androw Hervie Ought to be fyned in Considerable soumes Conforme to the respective Ryots Comitted by them as the Lords of Councill shall determine to be payed to the said pursuar who and his poor familly are brought to Outter Ruin by their oppressione so that he is forced to turne his back upon his ancient inheritance in the said burgh wher the pursuars father was once provest, Bot also the saids defenders Ought Likewayes to be severly punished in their persones and goods to the terror of others to doe and Comitt the like in tyme comeing And Anent the charge given to the fornamed persones defenders To have Compeired personally before the saids Lords at ane certaine day now bygone To have answered to the grounds of the abovewritten Complaint And to have heard and seen themselves Decerned in maner underwritten viz The saids John Scot to deliver up the forsaid process against Androw Leitch So masterfully abstracted by him in maner forsaid Lykewayes the said Androw Leitch to deliver back the Saids cornes so spulzied and taken away by him And the said John Scot in maner abovespecified or to make payment to the said pursuar of Ane hundred punds as the value therof as also the said John Scot Androw Leitch and Androw Hervie fyned in Considerable Soumes Conforme to the respective ryots comitted by them as the Lords of privy Councill shall Determine to be payed to the said pursuar As, Lykewayes the saids defenders to be examplarly punished in their persons and goods to the terror of others to comitt and doe the like in tyme comeing, And also to have heard and seen such other order and course taken theranent as the saids Lords should think fitt. as the said Lybell and executiones therof at more leanth bears. And the other of the saids Lybells at the instance of the said John Scot and Androw Leitch and their majesties said solicitor for their highnes intrest by way of Reconventione makeing mentione That wher by the lawes of this and al other weell governed nationes, The wrongeous Imprisonment of their majesties Leidges by a show and formality of Law, as if the same ware done in executione of letters of Captione notwithstanding that the debt was payed and stood suspended without Cautione or Consignatione before the raiseing of the captione as also the wrongeous intromission with the leidges goods upon pretence of the execution of a poynding after the debt poynded for was satisfied and payed by two former poyndings made be the saids messengers and the appretiatione made at the same marcat Cross upon Short Intervalls of four dayes, And the beatting of their Majesties leidges Especiallie of women who are bigg with Chyld, as also the resisting of messengers or his assistants or the magistrates of burghes who are bound to concurr Be all high Ryots severly punishable nevertheless It is of veritie That the said Androw Leitch pursuar being debitor to Robert Robertsone weaver in Rutherglen and now Residenter at Portsburgh in a Small Soume of aboutt Two hundred pund Scots Or therby, He did make due payment and obtained the said Robert Robertsones Discharge of the date the twentie first day of February Jaj vjc Eightie seven years, yet the said Robert Robertson haveing afterwards charged with burning Did necessitate the said pursuar to exped a Suspensione, Which he obtained without Caution or Consignation which suspensione was called for produced and debate before the Lords of Session And yet notwithstanding the said Robert Robertson was not ashamed to revise a Caption therafter, And upon the twentie, twentie one, Twentie two, Twentie thrid, twentie fourth, Twentie fifth twentie sixth, twentie seventh, Twentie Eight twentie Nynth or one or other of the dayes of september Jaj vjc nyntie one years Or one or other of the dayes of the said moneth Did therupon apprehend and incarcerat the said pursuar and force him to a second suspensione, And whill the said pursuar was in prison the said defender haveing raised a horning for another part of the said soume Extending to ane hundred punds scots, He also upon the twentie, twentie one, Twentie two twentie thrid, Twentie fourth, Twentie fifth, Twentie sixth, Twentie Seventh Twentie Eight and twentie nynth dayes or one or other of the dayes of the said moneth poynded upon it, albeit the same was assigned be him to John Modrell and James Hervie indwallers in Rutherglen and the assignatione duely intimat to the said pursuars before the said poynding Wherby the said Robert Robertsone was fully denuded of the said debt And in a most barbarous maner did beat the said pursuars wife being then bigg with Child within a moneth of her delivery and threw her over head and ears into a nestie myre in a Midenstead wher she was like to have drowned and all without the least provocation or offence upon her part, And after he hade poynded rather toward the payment of the debt, He returned another tyme and upon Some of the dayes of the said moneth poynded sheep also towards the value of the soume; so as the two poyndings did near double the debt, And did notwithstand return upon the fourth, fifth sixth seventh, Eight nynth or Tenth dayes of the moneth of October and year of god forsaid poynded a thrid tyme for the same debt which was near double payed before all dureing the pursuars absence, and unwarrantable Imprisonement, And did at that thrid tyme carie away a great quantitie of corne, which he put into ane open measure house exposed to raine and storme, as alsoe the said Robert Robertsone being apprehended with Caption at the tyme of the first of these poyndings at the pursuars instance He did resist the messenger and did draw and present a pistoll to the messenger and his assistants and Especially to the said John Scot pursuar who was a magistrat of the place and bound to concurr, Wherby the said Robert Robertsone is guilty of open and manifast Ryots oppressiones and contempt of authoritie And Therfore he Ought not only to be Decerned to make payment of the Superplus of the Soumes wrongeously poynded, Bot also he ought and Should be examplarly punished in his person and goods to the terror of others to committ the like in tyme comeing And Anent the charge given to the pursuars of the principall Lybell and defenders in the forsaid reconventione To have Compeired before the saids Lords of privy Councill personally To have answered to the grounds of the abovewritten Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should find cause As the said Lybell of reconventione and executiones therof at more leanth proports The saids Two Lybells being both called this day in presence of the saids Lords of privy Councill And the said Robert Robertsone pursuar in the principall Cause and defender in the reconventione Compeiring personally be Mr John Kincaid his advocat And the said John Scot and Androw Leitch two of the defenders in the principall lybell Compeiring also personally with Sir David Thores and Mr David Cuninghame their advocats, And the Said Androw Hervie one of the defenders in the principall cause being called bot not Compeiring The Lords of their Majesties Privy Councill haveing heard the principall Lybell and messengers therto with the Lybell of Reconvention read in their presence and haveing at leanth heard both parties and their advocats They heirby Remitt both the saids Lybells principall of the shirefdoune of Lanerk or his deputes, And the shirreff principall of the shyre of Edinburgh or his deputs within whose respective bounds and Jurisdictiones the haill parties abovenamed doe dwall and reside.

Edinburgh the Twentie fourth day of November Jaj vjc nyntie two years

D1692/11/181

Judicial Proceeding

Remitt Robertsone Against Scot etc

Anent the two severall Lybells raised and pursued before the Lords of their majesties privy Councill the one therof at the instance of Robert Robertsone late procurator phiscall of the burgh of Rutherglen and And2 now Residenter in Portsburgh (and for William Lockhart their majesties Solicitor) for their intress in the matter underwritten makand mentione That quher albeit the Sinister defrauding of persones of their Just rights, And the violent stoping of the procedur of Justice be way of Bangstry and oppression Comitted by inferrior magistrates under prentice of authoritie Therby depriveing Justice and malversing in the offices and the beatting of any of their majesties subjects to the effusione of their blood without any provocatione given And the breaking open of doors and spulzeing and away takeing open of doors and spulzieing and away takeing of Cornes furth of housses without any Collour of Law be Crymes of a high natur and severly punishable nevertheless It is of veritie that upon one or other of the dayes of the moneth of August Jaj vjc nyntie years, The said pursuar be vertue of his office as procurators phisicall of the said burgh And Patrick Reid residenter ther haveing Comenced a proces at their instance Against Androw Leith burges of the said burgh before the magistrates of Rutherglen for Stealling of other mens sheep and billing therof Forging of writtes removeing of march stones and land markes and oppression of the burgesses dureing the tyme he was toune thesaurer throw exacting and uplifting Contrary to his oath of fidelity of Soumes in name of Cess farr above each mans proportion Contained in ane stent roll, Which Lybell being found relevant by the magistrates and proven by the depositiones of witnesses in presence of ane Assyze, founded for that effect the said Androw Leitch was by a verdict of the said Assyze found guiltie of the severall crymes above specified, Bot the magistrats haveing delayed the pronunceing sentance against the said Androw Leitch till the michellmiss Court day which hapned within Eight or ten dayes therafter at which tyme the magistrates Viz the provest and two baillies haveing conveened in the Court holden within the Tolbooth of Rutherglen, and William Spence the toune Clerk haveing the forsaid process Lying before him upon the table John Scot one of the two baillies of the said burgh for that tyme streatched his hands over the bensh wher he then was sitting in Judgment Towards the Clerks table And took up the forsaid proces Consisting of the Lybells depositiones of the witnesses and verdict of the assyze Against the said Androw Leitch, and with ane unparralalled boldnes, Impudence and affrontrie put the same within his pocket notwithstanding that the provest and the other baillies ware sitting in Judgment with him, And the said procurator phiscalls did reclaime and protested against his doeing therof wherinto he made no reply, Bot that he should answer for what he did or some such like expression Lykeas upon one or other off the dayes of october Jaj vjc nyntie one years the said pursuar being at the marcat cross of the head burgh of Rutherglen assisting William Wood messengers at the appryseing of the said sheep belonging to the said Androw Leitch which ware poynded from him be vertue of letters of poynding raised at the instance of the said pursuar against him The said John Scot one of the present baillies forsaid Hounded out Mr Walter Watsone messenger with ane old Caption at Leitches instance against the said pursuar for ane debt which hade been satisfied of before be vertue therof the said pursuar being apprehended and made prisoner the tyme of the forsaid appretiatione of the sheep at the Cross Imediatly therafter, The said John Scot violently threw ane pistoll out of the pursuars hand and most unhumanely and barbareously struck him over the head with the pistoll to the effussion of his blood whill the messinger was carieing him away prisoner be vertue of the forsaid Caption, Which altogither in consistant with the dutie of a magistrat, Who Ought rather to have protected the said pursuar from any such violence that should have been offered to him by another And in like maner Androw Harvie late provest therof Imediatly therafter did attack the said pursuar when prisoner in the messengers hands upon the high street of the said burgh by beating him with his fist and thoumb upon the face and nose to the effusion of his blood without any provocatione quhatsomever Likas about the latter end of October or begining of november Jaj vjc nyntie one years, The said pursuars haveing Caused poynd and appryss ane stack of cornes to the number of Ten or twelue bolls belonging to the said Androw Leitch for payment and Satisfactione of another debt due to him be the said Androw after the said pursuar got the same Delivered to him be William Wood messenger who executed the poynding and after that the said pursuar hade transported the same to a lockfast house of his oun, wher the saids cornes remained in his power for the space of ten or twelue dayes till the said John Scot and Androw Leitch at their oun hands with their assosciats and accomplices without any Collour or Shadow of Law did break up the house door wher the cornes ware laid up and masterfully took the same away So that the said pursuar was Disapointed of his dilligence and roved of the said corne wherby the said John Scot Androw Leitch and Androw Hervie are guilty of open and manifast ryots, opression malvarsatione and contempt of authoritie, And Therfore the said John Scot Ought not only to be decerned to deliver up the forsaid proces against Androw Leitch so master-fully abstracted by him in maner abovewritten And he and the said Androw Leitch Ought to be Decerned to deliver back the saids cornes so spulzied and away taken by them in maner forsaid, To make payment to the said pursuar of ane hundreth punds as the value therof And the said John Scot, Androw Leitch and Androw Hervie Ought to be fyned in Considerable soumes Conforme to the respective Ryots Comitted by them as the Lords of Councill shall determine to be payed to the said pursuar who and his poor familly are brought to Outter Ruin by their oppressione so that he is forced to turne his back upon his ancient inheritance in the said burgh wher the pursuars father was once provest, Bot also the saids defenders Ought Likewayes to be severly punished in their persones and goods to the terror of others to doe and Comitt the like in tyme comeing And Anent the charge given to the fornamed persones defenders To have Compeired personally before the saids Lords at ane certaine day now bygone To have answered to the grounds of the abovewritten Complaint And to have heard and seen themselves Decerned in maner underwritten viz The saids John Scot to deliver up the forsaid process against Androw Leitch So masterfully abstracted by him in maner forsaid Lykewayes the said Androw Leitch to deliver back the Saids cornes so spulzied and taken away by him And the said John Scot in maner abovespecified or to make payment to the said pursuar of Ane hundred punds as the value therof as also the said John Scot Androw Leitch and Androw Hervie fyned in Considerable Soumes Conforme to the respective ryots comitted by them as the Lords of privy Councill shall Determine to be payed to the said pursuar As, Lykewayes the saids defenders to be examplarly punished in their persons and goods to the terror of others to comitt and doe the like in tyme comeing, And also to have heard and seen such other order and course taken theranent as the saids Lords should think fitt. as the said Lybell and executiones therof at more leanth bears. And the other of the saids Lybells at the instance of the said John Scot and Androw Leitch and their majesties said solicitor for their highnes intrest by way of Reconventione makeing mentione That wher by the lawes of this and al other weell governed nationes, The wrongeous Imprisonment of their majesties Leidges by a show and formality of Law, as if the same ware done in executione of letters of Captione notwithstanding that the debt was payed and stood suspended without Cautione or Consignatione before the raiseing of the captione as also the wrongeous intromission with the leidges goods upon pretence of the execution of a poynding after the debt poynded for was satisfied and payed by two former poyndings made be the saids messengers and the appretiatione made at the same marcat Cross upon Short Intervalls of four dayes, And the beatting of their Majesties leidges Especiallie of women who are bigg with Chyld, as also the resisting of messengers or his assistants or the magistrates of burghes who are bound to concurr Be all high Ryots severly punishable nevertheless It is of veritie That the said Androw Leitch pursuar being debitor to Robert Robertsone weaver in Rutherglen and now Residenter at Portsburgh in a Small Soume of aboutt Two hundred pund Scots Or therby, He did make due payment and obtained the said Robert Robertsones Discharge of the date the twentie first day of February Jaj vjc Eightie seven years, yet the said Robert Robertson haveing afterwards charged with burning Did necessitate the said pursuar to exped a Suspensione, Which he obtained without Caution or Consignation which suspensione was called for produced and debate before the Lords of Session And yet notwithstanding the said Robert Robertson was not ashamed to revise a Caption therafter, And upon the twentie, twentie one, Twentie two, Twentie thrid, twentie fourth, Twentie fifth twentie sixth, twentie seventh, Twentie Eight twentie Nynth or one or other of the dayes of september Jaj vjc nyntie one years Or one or other of the dayes of the said moneth Did therupon apprehend and incarcerat the said pursuar and force him to a second suspensione, And whill the said pursuar was in prison the said defender haveing raised a horning for another part of the said soume Extending to ane hundred punds scots, He also upon the twentie, twentie one, Twentie two twentie thrid, Twentie fourth, Twentie fifth, Twentie sixth, Twentie Seventh Twentie Eight and twentie nynth dayes or one or other of the dayes of the said moneth poynded upon it, albeit the same was assigned be him to John Modrell and James Hervie indwallers in Rutherglen and the assignatione duely intimat to the said pursuars before the said poynding Wherby the said Robert Robertsone was fully denuded of the said debt And in a most barbarous maner did beat the said pursuars wife being then bigg with Child within a moneth of her delivery and threw her over head and ears into a nestie myre in a Midenstead wher she was like to have drowned and all without the least provocation or offence upon her part, And after he hade poynded rather toward the payment of the debt, He returned another tyme and upon Some of the dayes of the said moneth poynded sheep also towards the value of the soume; so as the two poyndings did near double the debt, And did notwithstand return upon the fourth, fifth sixth seventh, Eight nynth or Tenth dayes of the moneth of October and year of god forsaid poynded a thrid tyme for the same debt which was near double payed before all dureing the pursuars absence, and unwarrantable Imprisonement, And did at that thrid tyme carie away a great quantitie of corne, which he put into ane open measure house exposed to raine and storme, as alsoe the said Robert Robertsone being apprehended with Caption at the tyme of the first of these poyndings at the pursuars instance He did resist the messenger and did draw and present a pistoll to the messenger and his assistants and Especially to the said John Scot pursuar who was a magistrat of the place and bound to concurr, Wherby the said Robert Robertsone is guilty of open and manifast Ryots oppressiones and contempt of authoritie And Therfore he Ought not only to be Decerned to make payment of the Superplus of the Soumes wrongeously poynded, Bot also he ought and Should be examplarly punished in his person and goods to the terror of others to committ the like in tyme comeing And Anent the charge given to the pursuars of the principall Lybell and defenders in the forsaid reconventione To have Compeired before the saids Lords of privy Councill personally To have answered to the grounds of the abovewritten Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should find cause As the said Lybell of reconventione and executiones therof at more leanth proports The saids Two Lybells being both called this day in presence of the saids Lords of privy Councill And the said Robert Robertsone pursuar in the principall Cause and defender in the reconventione Compeiring personally be Mr John Kincaid his advocat And the said John Scot and Androw Leitch two of the defenders in the principall lybell Compeiring also personally with Sir David Thores and Mr David Cuninghame their advocats, And the Said Androw Hervie one of the defenders in the principall cause being called bot not Compeiring The Lords of their Majesties Privy Councill haveing heard the principall Lybell and messengers therto with the Lybell of Reconvention read in their presence and haveing at leanth heard both parties and their advocats They heirby Remitt both the saids Lybells principall of the shirefdoune of Lanerk or his deputes, And the shirreff principall of the shyre of Edinburgh or his deputs within whose respective bounds and Jurisdictiones the haill parties abovenamed doe dwall and reside.

1. NRS, PC2/24, 137v-141r.

2. Sic.

1. NRS, PC2/24, 137v-141r.

2. Sic.

Sederunt, 24 November 1692, Edinburgh

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Edinburgh the Twentie fourth day of November Jaj vjc nyntie two years1

D1692/11/172

Sederunt

Lord Chancelor; Earl of Drumlanrig; Earl of Linlithgow; Earl of Lothian; Earl of Forfar; Viscount Stair; Lord Raith thesr dept; Lord Beilhaven; Lord Hatton; Lord Fountonhall; Lord Enstruther; Mr Fr: Montgomrie; Laird of Stivenson; Sir William Lockhart; Sir Patrick Murray

Edinburgh the Twentie fourth day of November Jaj vjc nyntie two years1

D1692/11/172

Sederunt

Lord Chancelor; Earl of Drumlanrig; Earl of Linlithgow; Earl of Lothian; Earl of Forfar; Viscount Stair; Lord Raith thesr dept; Lord Beilhaven; Lord Hatton; Lord Fountonhall; Lord Enstruther; Mr Fr: Montgomrie; Laird of Stivenson; Sir William Lockhart; Sir Patrick Murray

1. NRS, PC2/24, 137v.

2. NRS, PC2/24, 137v.

1. NRS, PC2/24, 137v.

2. NRS, PC2/24, 137v.

Decreet, 22 November 1692, Edinburgh

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Edinburgh the Twentie two day of November Jaj vjc nyntie two years

D1692/11/161

Decreet

Decreet absolvitor Hownames Against Irving and Wauch

Anent our Soveraigne Lords letters raised and pursued before the Lords of their majesties privy Councill at the instance of James Irving and John Wauch waitters of Allisone Bank, And Gilbert Eliot also waitter and Sir William Lockhart their majesties Solicitor for their intrest in the matter underwritten Makeing Mentione That quher albeit be the Lawes and constitutiones of all weell governed nationes and by the lawes and acts of Parliament of this natione the assaulting and invadeing of any of their majesties Subjects whill they are goeing peacably without their Lawfull Callings and baitting and wounding of them to the effusion of ther blood Especially wher the same is done by persones in Disguise or be men in womens Cloathes to the effect the actors of these willanies might be keeped undiscovered and wher the same Is done and Comitted upon their majesties publict servants whill they are in execution of their offices, And particularly upon the Collectors Surveyors or waitters when seasing upon or haveing made sezure of unentred and uncustomed goods, And the breaking open the doors of the houses and Chambers wher the seazure Lyes, And the bereating the saids watters and others and violently Carieing away from them of the uncustomed goods after the due and lawfull seazure And secureing therof for their majesties use Be all Crymes of ane high nature and severly punishable, yet nevertheless It is of verity that the saids James Irving and John Wauch waitters at Alison Bank, Haveing got intelligence that John Howname younger merchant in Langholme Haveing stollen ane barrell of Indigoe and other goods by their Majesties custome office, without entering the same and caried them to Longholme They the said waitters with some others their assistance in pursuance of their trust Did upon the fourteinth day of May last Jaj vjc and nyntie two or ane or other of the dayes of the said moneth pass to the toune of Langholme and make search for the saids goods wher they did find and aprehend the said barrell of Indigoe, Which when they ware Carieing a way, ware Immediatly invaded and furiously assaulted by John Houname elder in Langholme Jean Eliot spouse to the said John Howname younger to whom the goods did belong, Anna Eliot daughter to Robert Eliot ther, father in law to the said Robert, John Litle younger ther, Archibald Litle Sone to Jannet Forsyth in Langholme Mary Irving Spouse to William Armstrang ther,2 James Greive tinker disguised womens apperall and brock open the doors after the goods ware secured in ane house George Maxwell in Langtoune in the English syde also in womens apperrall, Bessie Armstrang a Sturdie beggar Jannet Scot daughter to the said Bessie Magdallan Frazer servitrix to the said John Howname younger, Agnes Irving younger Jean Bell in Cruiks bankhead, Mary Wilsone daughter to Francis Wilsone in Langtoune Who with their accomplices to the number of thretie or fourtie more, Did beat strick and wound the saids waitters pursuars to the effusione of their blood and after the said goods ware seized upon and one horss back the same ware throwen off and taken back be them And Detained for the Space of two or thrie dayes till Eight or ten more waitters ware sent to the pursuars assistance, And till they hade the authoritie of the baillie of the regalitie of Langholme and assistance from him in the said matter By the which deeds of Injustice and violence the tacksmen of their majesties customes and the haill waittorr of the office who ware all brought from their severall posts to concurr in makeing this Seizure and recovering of the same, And Specially the saids James Irving and James Wauch have Sustained great damnage And have been brought to great trouble and expences, And Further true it is that the said John Hownam is a man of such villaneous Contrivances and practisses that he off a long tyme bygone And to this very day makes it his constant trade and studie to Imbazle goods and steall them without payment of the dutie Therby Cheating his majestie of his dues and beatts and abusses the waitters and all other publict servants, Which he with his wicked accomplices are able to master and overcome, And particullarly one the moneth of may Jaj vjc nyntie one years upon the like account Did deforce the said James Irving and in september therafter did deforce the said Gilbert Eliot and did wound him to the great effussion of his blood and hazard of his life haveing mutulat him in one hand and gave him severall dangerous wounds in the head and he haveing procured a warrand from the Earle of Cassills when he was lately in the Countrey of […] wher this Ryot was Comitted for bringing the said John Howname prisoner to Edinburgh And quherof he haveing gott notice he has taken so much boldnes as to ryde at least with Six of Seven Shott upon him in ordinary, By all which it 3 evidently appears That the said John Houname and remanent persones above Complained upone are guilty of high and manifast Ryots injuries and oppressiones, and ought and should not only be Decerned to make payment to the said James Irving and John Wauch of the soume of […] as the value and worth of the forsaid seazure violently robed and taken back againe from the pursuars, Bot Likewayes to make payment to them of the Soume of […] for the trouble and expences they have sustained and been put to in this matter, And Further ought and should be severely punished in their persones and goods to the terror of others to comitt the like in tyme comeing And Anent the charge given to the saids defenders To have Compeired personally before the saids Lords of ther majesties privy Councill at ane certaine day now bygone To have answered to the grounds of the abovementioned Complaint, And to have heard and seen such ane order and Course taken theranent as appertained As in the principall letters revised in the said matter and executiones therof at more leanth is contained, The said Lybell being upon the twentie Eight day of Jully Last by past Called before the saids Lords of privy Councill And the said John Wauch and Gilbert Eliott two of the saids pursuars Compeiring personally and the haill defenders being Called and not Compeiring The Saids Lords Granted Certificatione against them And Ordained to be denunced And the same being upon the Eight day of November instant againe called in presence of the saids Lords and the pursuar Comparing personally with Mr John Meinzies their advocat, And the saids John Hownames elder and younger Compeiring also personally with Sir Robert Colt and Mr John Frank their advocats and the rest of the defenders being Called and not Compeiring The saids Lords haveing Concidered the above Lybell with the answers made therto for thee defenders both which was this day againe read in their presence, They heirby of new grant Certificatione against the haill absent defenders (4except Jean Eliot Spouse to the said John Howname for whom the said John Sists himself, And ordaines letters of Denunciatione to be direct to messengers at armes Commanding them to pass to the marcat cross of […] their in their majesties name and authoritie duely Lawfullie and orderly denunce the said haill absent defenders except as above excepted their majesties rebells and put them to their highnes horne, And ordaine all their moveable goods and geir to be escheat and inbrought to their highnes horne, And ordaine all their moveable goods and geir to be escheat and inbrought to their majesties use for their contemptione and Disobedience Then the saids Lords haveing heard both parties and Considered the writtes produced for either partie And the witnesses cited in the said process by vertue of a dilligence at the pursuars instance Haveing all Compeired personally and made faith at the barr except Alexander Ross in Enthorne William Brown in Rowanburnefoot and Gilbert Eliot in Ritarfoord They ordaine the said […] pursuar to give his oath of Calumnie whither or not he heas Just reason to deny that it consisted in his knowledge that ther was ane Transire granted to the saids Hownams or their servants for the barrell of Indigoe, And the Same was the indigoe seased upon by the pursuars, And ordaines the witneses Cited and Compeiring and makeing faith to be examined upon the points of the Lybell notwithstanding of the pursuars giveing his oath of Calumnie And Recomends to Sir Robert Sinclar of Stivensone and Sir Patrick Murray of Saltcoats to take the pursuars oath of Calumney and to examine these witnesses, And Reserves all objectiones which may be made against the witnesses to be proponed and Discussed before the Comittie, And the Saids Lords Haveing this day Considered the forsaid Lybell with the oath of Calumnie of John Wauch one of the pursuars and the oathes and Depositiones of the witnesses adduced for proveing of the Lybell, They Find the Lybell not proven, And Therfore Have assoylzied and heirby assoylzies the said John Hownam elder and younger and Jean Eliot from the points and articles of the same And appoints the soume of Threttie Eight pund Eight shilling scots formerly Consigned be the said John Hownames elder and younger in the hands of the Clerks of privy Councill, To remaine in their hands untill furder order.

Edinburgh the Twentie two day of November Jaj vjc nyntie two years

D1692/11/161

Decreet

Decreet absolvitor Hownames Against Irving and Wauch

Anent our Soveraigne Lords letters raised and pursued before the Lords of their majesties privy Councill at the instance of James Irving and John Wauch waitters of Allisone Bank, And Gilbert Eliot also waitter and Sir William Lockhart their majesties Solicitor for their intrest in the matter underwritten Makeing Mentione That quher albeit be the Lawes and constitutiones of all weell governed nationes and by the lawes and acts of Parliament of this natione the assaulting and invadeing of any of their majesties Subjects whill they are goeing peacably without their Lawfull Callings and baitting and wounding of them to the effusion of ther blood Especially wher the same is done by persones in Disguise or be men in womens Cloathes to the effect the actors of these willanies might be keeped undiscovered and wher the same Is done and Comitted upon their majesties publict servants whill they are in execution of their offices, And particularly upon the Collectors Surveyors or waitters when seasing upon or haveing made sezure of unentred and uncustomed goods, And the breaking open the doors of the houses and Chambers wher the seazure Lyes, And the bereating the saids watters and others and violently Carieing away from them of the uncustomed goods after the due and lawfull seazure And secureing therof for their majesties use Be all Crymes of ane high nature and severly punishable, yet nevertheless It is of verity that the saids James Irving and John Wauch waitters at Alison Bank, Haveing got intelligence that John Howname younger merchant in Langholme Haveing stollen ane barrell of Indigoe and other goods by their Majesties custome office, without entering the same and caried them to Longholme They the said waitters with some others their assistance in pursuance of their trust Did upon the fourteinth day of May last Jaj vjc and nyntie two or ane or other of the dayes of the said moneth pass to the toune of Langholme and make search for the saids goods wher they did find and aprehend the said barrell of Indigoe, Which when they ware Carieing a way, ware Immediatly invaded and furiously assaulted by John Houname elder in Langholme Jean Eliot spouse to the said John Howname younger to whom the goods did belong, Anna Eliot daughter to Robert Eliot ther, father in law to the said Robert, John Litle younger ther, Archibald Litle Sone to Jannet Forsyth in Langholme Mary Irving Spouse to William Armstrang ther,2 James Greive tinker disguised womens apperall and brock open the doors after the goods ware secured in ane house George Maxwell in Langtoune in the English syde also in womens apperrall, Bessie Armstrang a Sturdie beggar Jannet Scot daughter to the said Bessie Magdallan Frazer servitrix to the said John Howname younger, Agnes Irving younger Jean Bell in Cruiks bankhead, Mary Wilsone daughter to Francis Wilsone in Langtoune Who with their accomplices to the number of thretie or fourtie more, Did beat strick and wound the saids waitters pursuars to the effusione of their blood and after the said goods ware seized upon and one horss back the same ware throwen off and taken back be them And Detained for the Space of two or thrie dayes till Eight or ten more waitters ware sent to the pursuars assistance, And till they hade the authoritie of the baillie of the regalitie of Langholme and assistance from him in the said matter By the which deeds of Injustice and violence the tacksmen of their majesties customes and the haill waittorr of the office who ware all brought from their severall posts to concurr in makeing this Seizure and recovering of the same, And Specially the saids James Irving and James Wauch have Sustained great damnage And have been brought to great trouble and expences, And Further true it is that the said John Hownam is a man of such villaneous Contrivances and practisses that he off a long tyme bygone And to this very day makes it his constant trade and studie to Imbazle goods and steall them without payment of the dutie Therby Cheating his majestie of his dues and beatts and abusses the waitters and all other publict servants, Which he with his wicked accomplices are able to master and overcome, And particullarly one the moneth of may Jaj vjc nyntie one years upon the like account Did deforce the said James Irving and in september therafter did deforce the said Gilbert Eliot and did wound him to the great effussion of his blood and hazard of his life haveing mutulat him in one hand and gave him severall dangerous wounds in the head and he haveing procured a warrand from the Earle of Cassills when he was lately in the Countrey of […] wher this Ryot was Comitted for bringing the said John Howname prisoner to Edinburgh And quherof he haveing gott notice he has taken so much boldnes as to ryde at least with Six of Seven Shott upon him in ordinary, By all which it 3 evidently appears That the said John Houname and remanent persones above Complained upone are guilty of high and manifast Ryots injuries and oppressiones, and ought and should not only be Decerned to make payment to the said James Irving and John Wauch of the soume of […] as the value and worth of the forsaid seazure violently robed and taken back againe from the pursuars, Bot Likewayes to make payment to them of the Soume of […] for the trouble and expences they have sustained and been put to in this matter, And Further ought and should be severely punished in their persones and goods to the terror of others to comitt the like in tyme comeing And Anent the charge given to the saids defenders To have Compeired personally before the saids Lords of ther majesties privy Councill at ane certaine day now bygone To have answered to the grounds of the abovementioned Complaint, And to have heard and seen such ane order and Course taken theranent as appertained As in the principall letters revised in the said matter and executiones therof at more leanth is contained, The said Lybell being upon the twentie Eight day of Jully Last by past Called before the saids Lords of privy Councill And the said John Wauch and Gilbert Eliott two of the saids pursuars Compeiring personally and the haill defenders being Called and not Compeiring The Saids Lords Granted Certificatione against them And Ordained to be denunced And the same being upon the Eight day of November instant againe called in presence of the saids Lords and the pursuar Comparing personally with Mr John Meinzies their advocat, And the saids John Hownames elder and younger Compeiring also personally with Sir Robert Colt and Mr John Frank their advocats and the rest of the defenders being Called and not Compeiring The saids Lords haveing Concidered the above Lybell with the answers made therto for thee defenders both which was this day againe read in their presence, They heirby of new grant Certificatione against the haill absent defenders (4except Jean Eliot Spouse to the said John Howname for whom the said John Sists himself, And ordaines letters of Denunciatione to be direct to messengers at armes Commanding them to pass to the marcat cross of […] their in their majesties name and authoritie duely Lawfullie and orderly denunce the said haill absent defenders except as above excepted their majesties rebells and put them to their highnes horne, And ordaine all their moveable goods and geir to be escheat and inbrought to their highnes horne, And ordaine all their moveable goods and geir to be escheat and inbrought to their majesties use for their contemptione and Disobedience Then the saids Lords haveing heard both parties and Considered the writtes produced for either partie And the witnesses cited in the said process by vertue of a dilligence at the pursuars instance Haveing all Compeired personally and made faith at the barr except Alexander Ross in Enthorne William Brown in Rowanburnefoot and Gilbert Eliot in Ritarfoord They ordaine the said […] pursuar to give his oath of Calumnie whither or not he heas Just reason to deny that it consisted in his knowledge that ther was ane Transire granted to the saids Hownams or their servants for the barrell of Indigoe, And the Same was the indigoe seased upon by the pursuars, And ordaines the witneses Cited and Compeiring and makeing faith to be examined upon the points of the Lybell notwithstanding of the pursuars giveing his oath of Calumnie And Recomends to Sir Robert Sinclar of Stivensone and Sir Patrick Murray of Saltcoats to take the pursuars oath of Calumney and to examine these witnesses, And Reserves all objectiones which may be made against the witnesses to be proponed and Discussed before the Comittie, And the Saids Lords Haveing this day Considered the forsaid Lybell with the oath of Calumnie of John Wauch one of the pursuars and the oathes and Depositiones of the witnesses adduced for proveing of the Lybell, They Find the Lybell not proven, And Therfore Have assoylzied and heirby assoylzies the said John Hownam elder and younger and Jean Eliot from the points and articles of the same And appoints the soume of Threttie Eight pund Eight shilling scots formerly Consigned be the said John Hownames elder and younger in the hands of the Clerks of privy Councill, To remaine in their hands untill furder order.

1. NRS, PC2/24, 135r-137v.

2. The words ‘Archibald Litle Sone to Jannet Forsyth in Langhome’ scored out here.

3. The word ‘ordainry’ scored out here.

4. Closing bracket missing.

1. NRS, PC2/24, 135r-137v.

2. The words ‘Archibald Litle Sone to Jannet Forsyth in Langhome’ scored out here.

3. The word ‘ordainry’ scored out here.

4. Closing bracket missing.

Act, 22 November 1692, Edinburgh

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Edinburgh the Twentie two day of November Jaj vjc nyntie two years

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Act

Act Robison and Davidson

Anent a Petition given in to the Lords of their Majesties privy Councill be William Robisone and Alexander Davidsone seamen now prisoners in the Cannogat Tolbooth Shewing That wher the Suppliements haveing continued prisoners in the forsaid tolbooth this six weeks bygone in great miserie haveing nothing earthlie to mantaine themselves in prison Bot what the goodman bestowed upon them and other gentlmen in prison and now the petitioners have nothing neither to Satisfie the goodman for aliementing them nor to pay their house dues So that they might Lye in prisone and Sterve Unles the saids Lords of their Innat goodnes Comisserat their sadd and deplorable Condition They being in a Strange place and have no body to oun nor sucour them although they should even parish for want of bread, This their Suplication would be attested be the goodman and all the servants belonging to the prison And seing the petitioners are ordered to Libertie, And yet detained for what is due to the Master of the Tolbooth And Therfore Humbly Craveing the saids Lords of their Matchless bountie to Consider the premisses and their miserable Condition in this2 noysome prisone and Recomend the litle aliement which the goodman allowed upon them with their house dues to the thesaury as the petition bears. The Lords of their majesties privy Councill Haveing Considered this petition given in be them to the above William Robertson and Alexander Davidsone They heirby Recomend to the Lords Commissioners of their majesties thesaurie To Cause make payment to James Hamiltone keeper of the Tolbooth of the Canogate the Soume of Fourtie Shillings Sterling upon the accompt of what is resting be the petitioners to him And appoints the petitioners to be instantly sett at libertie.

Edinburgh the Twentie two day of November Jaj vjc nyntie two years

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Act

Act Robison and Davidson

Anent a Petition given in to the Lords of their Majesties privy Councill be William Robisone and Alexander Davidsone seamen now prisoners in the Cannogat Tolbooth Shewing That wher the Suppliements haveing continued prisoners in the forsaid tolbooth this six weeks bygone in great miserie haveing nothing earthlie to mantaine themselves in prison Bot what the goodman bestowed upon them and other gentlmen in prison and now the petitioners have nothing neither to Satisfie the goodman for aliementing them nor to pay their house dues So that they might Lye in prisone and Sterve Unles the saids Lords of their Innat goodnes Comisserat their sadd and deplorable Condition They being in a Strange place and have no body to oun nor sucour them although they should even parish for want of bread, This their Suplication would be attested be the goodman and all the servants belonging to the prison And seing the petitioners are ordered to Libertie, And yet detained for what is due to the Master of the Tolbooth And Therfore Humbly Craveing the saids Lords of their Matchless bountie to Consider the premisses and their miserable Condition in this2 noysome prisone and Recomend the litle aliement which the goodman allowed upon them with their house dues to the thesaury as the petition bears. The Lords of their majesties privy Councill Haveing Considered this petition given in be them to the above William Robertson and Alexander Davidsone They heirby Recomend to the Lords Commissioners of their majesties thesaurie To Cause make payment to James Hamiltone keeper of the Tolbooth of the Canogate the Soume of Fourtie Shillings Sterling upon the accompt of what is resting be the petitioners to him And appoints the petitioners to be instantly sett at libertie.

1. NRS, PC2/24, 134v-135r.

2. One illegible word scored out here.

1. NRS, PC2/24, 134v-135r.

2. One illegible word scored out here.

Sederunt, 22 November 1692, Edinburgh

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Edinburgh the Twentie two day of November Jaj vjc nyntie two years1

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Sederunt

Lord Chancelor; Earl of Drumlanrig; Earl of Linlithgow; Earl of Lothian; Earl of Forfar; Viscount Stair; Lord Raith; Lord Beilhaven; Lord Hatton; Lord Fountonhall; Lord Enstruther; Mr Fr: Montgomrie; Laird of Stivenson; Sir William Lockhart; Sir Patrick Murray

Edinburgh the Twentie two day of November Jaj vjc nyntie two years1

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Sederunt

Lord Chancelor; Earl of Drumlanrig; Earl of Linlithgow; Earl of Lothian; Earl of Forfar; Viscount Stair; Lord Raith; Lord Beilhaven; Lord Hatton; Lord Fountonhall; Lord Enstruther; Mr Fr: Montgomrie; Laird of Stivenson; Sir William Lockhart; Sir Patrick Murray

1. NRS, PC2/24, 134v.

2. NRS, PC2/24, 134v.

1. NRS, PC2/24, 134v.

2. NRS, PC2/24, 134v.

Order, 17 November 1692, Edinburgh

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D1692/11/131

Order

Order Anent the toune of St Androwes

The affair of the toune of St Androwes was this day tabled in the Councill, And the tounes old Chartor by King Malcome being called And the tounes books being revised and severall acts therin anent the election of their magistrats read, And both parties being called to the barr to be heard whither the toune Councills Choising their oun magistrats for these four years bygone without giveing in leitts to any person in place of the Archbishop be Suficient to continue them in electing after that Same maner till it be declared before the Judge ordinary that they have no right so to doe, And the Solicitor and his assistance haveing Declyned to debate that point, In Respect they have not seen the books produced for the toune The Lords of his majesties Privy Councill allowes the Solicitor to get up the books from the Clerks upon his recept on the books of the Inventar to be produced on Tuesday before twelve in the forenoon, And appoints both parties to be ready to debait upon the pynt forsaid that afternoon.

Edinburgh the Seventeinth day of November Jaj vjc nyntie two years

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Order

Order Anent the toune of St Androwes

The affair of the toune of St Androwes was this day tabled in the Councill, And the tounes old Chartor by King Malcome being called And the tounes books being revised and severall acts therin anent the election of their magistrats read, And both parties being called to the barr to be heard whither the toune Councills Choising their oun magistrats for these four years bygone without giveing in leitts to any person in place of the Archbishop be Suficient to continue them in electing after that Same maner till it be declared before the Judge ordinary that they have no right so to doe, And the Solicitor and his assistance haveing Declyned to debate that point, In Respect they have not seen the books produced for the toune The Lords of his majesties Privy Councill allowes the Solicitor to get up the books from the Clerks upon his recept on the books of the Inventar to be produced on Tuesday before twelve in the forenoon, And appoints both parties to be ready to debait upon the pynt forsaid that afternoon.

1. NRS, PC2/24, 134r-134v.

1. NRS, PC2/24, 134r-134v.

Procedure, 17 November 1692, Edinburgh

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Edinburgh the Seventeinth day of November Jaj vjc nyntie two years

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Procedure

[Concerning Alexander Tait, skipper]

The Lord Chancelor acquanted the Councill that he hade put Alexander Tait skiper at Leith under baill to appear when called for, And that he is presently attending in the outter roume till the Councill please to call him, The Councill continues the Calling of him till the nixt meetting.

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Procedure

[Concerning Alexander Tait, skipper]

The Lord Chancelor acquanted the Councill that he hade put Alexander Tait skiper at Leith under baill to appear when called for, And that he is presently attending in the outter roume till the Councill please to call him, The Councill continues the Calling of him till the nixt meetting.

1. NRS, PC2/24, 134r.

1. NRS, PC2/24, 134r.

Act, 17 November 1692, Edinburgh

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Edinburgh the Seventeinth day of November Jaj vjc nyntie two years

D1692/11/111

Act

Act Doctor Weymes

Anent a Petition given in to the Lords of their majesties privy Councill be Doctor James Weymes late principall of St Leonards Collodge of St Androwes Shewing That wher the petitioner by act of the date the thrid day of march Jaj vjc nyntie one years therwith produced Did allow to the petitioner the steipend he hade formerly been in use of for the cropts and years of god Jaj vjc Eightie nyne years and Jaj vjc nyntie And Sicklike appointed Alexander Hamiltone of Kinkell Collector for uplifting the rents of the Archbishoprick of St Andrewes to pay to the petitioner what he had uplifted of the said two years Stipend belonging to the petitioner and also ordaine the heritors fewars, wodsetters fermorers tacksmen of teynds tenants possession and others Lyable in payment of the said stipend and parsonadge of Kinkell to make payment therof to the petitioner for the cropt and years forsaid In so farr as the Same was not at that tyme uplifted by the said Collector, And now that the said Alexander Hamiltone of Kinkell at least Some pretending to have right from him doe yet Continue to charge in his name the persones Lyable for payment of the forsaids two years Stipend on purpose as it seemed to get the money in his oun hand wherby the petitioner will be put to unnecessar charges expences and trouble for repetition of the forsaid stipend And Therfore Humbly Craveing the saids Lords to Discharge the said Alexander Hamiltone from uplifting any more of the forsaid stipends And from charging calling or conveening these Lyable in payment of the Same And to ordaine all charges given at his instance for that effect to be taken back that the petitioner himself or his factor might have the uplifting of the saids two years stipend. as the petition bears The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above Doctor Weymes Togither with ane act of Councill mentioned therin and produced therwith They heirby Discharge Discharge2 the above Alexander Hamilton to uplift any more of the above two years stipends And Declaires the charges given or other dilligences done be him for these stipends to be voyd and null And Ordaines him to refound and pay in to the petitioner or his factor such part of the saids Stipends as he has allready uplifted And Discharges him to trouble the petitioner or his factor in the peacable uplifting of the saids two years stipend And Ordaines the persones Lyable To payment to the petitioner or his factor of the same conforme to the above act of Councill.

Edinburgh the Seventeinth day of November Jaj vjc nyntie two years

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Act

Act Doctor Weymes

Anent a Petition given in to the Lords of their majesties privy Councill be Doctor James Weymes late principall of St Leonards Collodge of St Androwes Shewing That wher the petitioner by act of the date the thrid day of march Jaj vjc nyntie one years therwith produced Did allow to the petitioner the steipend he hade formerly been in use of for the cropts and years of god Jaj vjc Eightie nyne years and Jaj vjc nyntie And Sicklike appointed Alexander Hamiltone of Kinkell Collector for uplifting the rents of the Archbishoprick of St Andrewes to pay to the petitioner what he had uplifted of the said two years Stipend belonging to the petitioner and also ordaine the heritors fewars, wodsetters fermorers tacksmen of teynds tenants possession and others Lyable in payment of the said stipend and parsonadge of Kinkell to make payment therof to the petitioner for the cropt and years forsaid In so farr as the Same was not at that tyme uplifted by the said Collector, And now that the said Alexander Hamiltone of Kinkell at least Some pretending to have right from him doe yet Continue to charge in his name the persones Lyable for payment of the forsaids two years Stipend on purpose as it seemed to get the money in his oun hand wherby the petitioner will be put to unnecessar charges expences and trouble for repetition of the forsaid stipend And Therfore Humbly Craveing the saids Lords to Discharge the said Alexander Hamiltone from uplifting any more of the forsaid stipends And from charging calling or conveening these Lyable in payment of the Same And to ordaine all charges given at his instance for that effect to be taken back that the petitioner himself or his factor might have the uplifting of the saids two years stipend. as the petition bears The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above Doctor Weymes Togither with ane act of Councill mentioned therin and produced therwith They heirby Discharge Discharge2 the above Alexander Hamilton to uplift any more of the above two years stipends And Declaires the charges given or other dilligences done be him for these stipends to be voyd and null And Ordaines him to refound and pay in to the petitioner or his factor such part of the saids Stipends as he has allready uplifted And Discharges him to trouble the petitioner or his factor in the peacable uplifting of the saids two years stipend And Ordaines the persones Lyable To payment to the petitioner or his factor of the same conforme to the above act of Councill.

1. NRS, PC2/24, 133r-134r.

2. Sic.

1. NRS, PC2/24, 133r-134r.

2. Sic.

Sederunt, 17 November 1692, Edinburgh

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Edinburgh the Seventeinth day of November Jaj vjc nyntie two years1

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Sederunt

Lord Chancelor; Earl of Lothian; Earl of Forfarr; Viscount Stair; Lord Beilhaven; Master of Forbes; Lord Hatton; Lord Fountonhall; Lord Enstruther; Mr Fran: Montgomrie; Laird of Blackbarrony; Sir William Lockhart; Sir Patrick Murray

Edinburgh the Seventeinth day of November Jaj vjc nyntie two years1

D1692/11/102

Sederunt

Lord Chancelor; Earl of Lothian; Earl of Forfarr; Viscount Stair; Lord Beilhaven; Master of Forbes; Lord Hatton; Lord Fountonhall; Lord Enstruther; Mr Fran: Montgomrie; Laird of Blackbarrony; Sir William Lockhart; Sir Patrick Murray

1. NRS, PC2/24, 133r.

2. NRS, PC2/24, 133r.

1. NRS, PC2/24, 133r.

2. NRS, PC2/24, 133r.

Petition, 15 November 1692, Edinburgh

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Edinburgh the fiftein day of November Jaj vjc nyntie two years

D1692/11/91

Petition

[Petition Lord Rankeillor]

Petition The Lord Rankeillor and others Commissioners of Supply in the Shyre of Fyfe Complaineing That Sir William Douglas has Illegally quartured his regiments of Dragoons upon them read, And appoints a proces to be raised at the instance of the petitioners and Sir William Lockhart Solicitor before the Councill for citeing the persones Complained upon to answer to the points of the petitione against the […] day of […] And Grants warrand for citeing witnesses.

Edinburgh the fiftein day of November Jaj vjc nyntie two years

D1692/11/91

Petition

[Petition Lord Rankeillor]

Petition The Lord Rankeillor and others Commissioners of Supply in the Shyre of Fyfe Complaineing That Sir William Douglas has Illegally quartured his regiments of Dragoons upon them read, And appoints a proces to be raised at the instance of the petitioners and Sir William Lockhart Solicitor before the Councill for citeing the persones Complained upon to answer to the points of the petitione against the […] day of […] And Grants warrand for citeing witnesses.

1. NRS, PC2/24, 133r.

1. NRS, PC2/24, 133r.