Act, 3 March 1698, Edinburgh

Decreet, 29 December 1698, Edinburgh

Att Edinburgh the third day of March Jaj vic nyntie eight yeirs

D1698/3/81

Act

Act The Lairds of Phinhaven and Bethaiock

Anent the petitiones given in to The Lords of his majesties privie Counsell The one therof be Mr James Carnegie of Phinhaven Shewing that the petitioner being by their Lordships order Comitted prisoner to the tollbwth of Edinburgh and haveing remained ther for about the Space of Six weeks Ther Lordships were graceousely pleased to ordaine the petitioner to be sett at Libertie upon his finding sufficient Cautione to appeare befor their Lordships when called and accordingly he was sett at Libertie upon cawtione But within few dayes efter he was Liberat out of prisone ther is a new complaint raised at the instance of The Laird of Kinfauns and his curators against the petitioners and his Lady and his Lady2 the the petitioners doughter for declaireing ther mariadge void and null and the Same being called ther Lordships were pleased to ordaine the petitioner within eight dayes therefter to produce The Lady Kinnfauns at the barr under the penaltie of Ten Thowsand merks or otherwayes to goe back to prisone and the petitioner not haveing a cawtion or readie for soe great a soume did frielie submitt and comply with the other alternative of ther Lordships interloqwitor by reentering into prisone the very same might Notwithstanding wherof and that the weather was very tempestwows and Stormie at the tyme The Lady Kinfauns did appear befor ther Lordships at the barr And ther being a full heareing before their Lordships upon the said complaint they were pleased to declyne to Judge in the petitioners doughters mariadge with Kinfauns and did remit the other points of the Lybell against the petitioner to probatione And accordingly ther haveing bein severall wittnesses examined therupon The petitioner is very hopefull that the great clamoure made against him in the saids complaints at the adviseing of the depositiones will not be found proven And Seing the petitioner hath bein soe Long detained prisoner to the great prejudice both of his health and privat affairs And that ther Lordships (as he is informed) are resolved to adjurne for some considerable tyme And as he never intended to give the Least offence So he is heartiely Sorrie that he Should have done any thing that might have given ther Lordships the Least displeasure And he humbly craves pardone for the Same And therfore humblie craveing ther Lordships to take the premisses to ther Sereows consideratione and to ordaine the petitioner to be Sett at Libertie upon his inacting himself to appear before ther Lordships when called for or finding Cautione for that effect As the said petitione bears Ane other of the saids petitiones at the instance of Thomas Blair of Ballthaoick for himself and in name and behalf of the other freinds of Kinfauns on the father and motehr Syde Shewing That wher the petitioners raised a perswite befor ther Lordships against Phinhaven for one of the most attrocious attempts that ever was brought befor ther Lordships in a mater of that kind with all the aggravatting circumstances of breach of trust wnfaithfullnes to a nephew and boy of fourtein yeirs of age contempt of the Lawes of nature nationes and of the authoritie of the cowrt wher the Samen was committed Supported by a cheatting of the Law and manifest evasione in a Judiciall oath which deserves a very hard name that ther Lordships would pwnish the abwses pwtt by him upon Kinfauns (to whom he had being tutor) in the choise of his curators by a pretended electione which pairtly by force and pairtly by fraud he caused Kinfauns to make befor The Shirreff deput of Forfar In which perswite the petitioners haveing prevailled and ther Lordships haveing Found not only ther electione null and void But Phinhaven gwiltie of the foirsaids manifold abuses in all reasone the petitioners ought to be refounded of ther expensses as acting dwetifullie for ther wndefeinded kinsman in hazard to be imposed upon and betrayed as said is Lykeas the said perswite befor ther Lordships by reasone of the great oppositione made by Phinhaven and the attendance to which they were obleidged hath bein verie expenssive And therfore humbly craveing ther Lordships to tax ther said expenss and decerne for the same As the said petitione at more Lenth bears And the third of the saids petitiones given in by the wittnesses adduced in the process persewed befor the Councell at the instance of the Laird of Kinfauns Bellthayock and others against the Laird of Phinhaven Anent the Curatrie viz James Blair of Ardblair Patrick Lyon of Ballgilly Gilbert Ramsay baillie of Forfar John Fallconer of Ballmashanock James Blair of Glaschloon Alexander Blair of Inshyre Mr John Lyon Shirreff clerk of Forfar William Dickiesone Towne Clerk William Wee wryter of Forfar Alexander Jaffery towne Thesaurer James Dall writer the George Cuthbert wryter ther Alexander Cook wryter ther Shewing That wher they are cited and called as wittnesses befor ther Lordships in the foirsaid actione and obleidged to come to Edinburgh and attend the Same Since the twentie nynth of october to the Sixtein of November Last inclwsive Dureing which tyme they for themselvs horses and servants have bein at very considerable expensses which Conforme to ther Lordships dayly practise and custome they owght to be payed and Satisfied by aither of the saids pairties And they haveing formerly applyed to ther Lordships They ordained Mr James Carnegie of Phinhaven to make payment to Alexander Aliesone for our accompt of Sixtein Shilling per diem from the said nyntyne of october to the said sixtein of November therefter inclusive and granted warrand for Letters of horning against him for payment therof on twentie four houres As to which interloquitor with all deference they represent to ther Lordships that any man Led as a witnes declaireing he had a horse is allowed sixtein Shilling per diem But the petitioners humblie Conceave that considering they are Gentlemen and had not only horses to themselvs But alsoe to ther Servants and being tyed to closs attendance dureing the foirsaid Space they for themselvs horses and servants were at very great chairges and expensses farr above what was formerly by ther Lordships allowed and over and above they are obleidged to be at the chairges of this and a former applicatione and also must extract the act and wse horneing which will near take the third of ther Lordships former allowance And therfore humbly craveing ther Lordships would consider the premisses and decerne and ordaine the said Mr James Carnegie to make payment to them of the Soume of thrie punds per fiem for each of the foirsaids dayes togither with what chairges and expensses they may be at in obtaining payment therof And that in regaird of the great expensses and trouble they have bein putt to in the said affaire And that it is most ordinary for people of ther qwalitie and Statione to have the foirsaid allowance haveing not only ther own but ther Servants to mentaine As also the said Patrick Lyon of Ballgilly over and above the foirsaids dayes is now againe called over as a witnes to the mariage and that notwithstanding he was at Edinburgh the tyme therof and therby hes bein obleidged to attend theron Since the twelve of Febrwary instant and will be the twentie Sixth ditto befor he can returne to his own house so that above the foirsaid allowance for the first process which was anent the curatrie he humbly craves ther Lordships may also modifie to him what expensses they Judge necessar for the foirsaid Space anent the mariage and to decerne Summar payment therof As the said petitione at more lenth beares The Lords of his majesties privie Counsell haveing this day Considered the saids haill thrie petitioners above uritten They by ther Sentance decerned and ordained the said Mr James Carnegie of Phinhaven to make payment and satisfactione to Thomas Blair of Bellthayock petitioner for himself and in name and behalf of the other freinds of the Laird of Kinfauns on the father and mothers Syde of the Soume of Ane hundereth and fifftie pwnds Sterleing of the expenss debursed be The Laird of Bellthayock and the freinds foirsaids upon both processes intended befor The Cowncell at the instance of The Laird of Kinfauns against The Laird of Phinhaven anent the curatrie and anent The mariage and ordaines the said Thomas Blair of Bellthayock to Satisfie the wittnesses expensses so far as is not all readie decerned against the said Laird of Phinhaven owt of the first end of the said Soume And ordaines Letters on six dayes wnder the Signet of Counsell and uthers to pass heiron in forme as effeirs And ordaines the said Laird of Phinhaven to continue prisoner untill he make payment of the Said Soume of Ane hundereth and fiftie pund Sterleing And upon payment of the Said Soume The Saids Lords of his majesties privie Counsell Doe heirby give order and warrand to the magistrats of Edinburgh and keeper of ther Tollbwith to Sett the Said Mr James Carnegie of Phinhaven at Libertie furth therof In respect he hes given bond and found Sufficient Cautione acted in the books of privie Counsell that he shall attend all the dyets of Counsell or Committie appointed or to be appointed in the said process when ever he shall be called or requyred therto And that wnder the penaltie of Two hundereth punds Sterleing in caice he Shall faill in any pairt of the premisses As also In respect the said Mr James Carnegie of Phinhaven in obedience and conforme to a delyverance of The Lords of privie Counsell upon a bill of Suspensione containing a charge to putt at Libertie presented by Phinhaven of the date the tenth of March instant hath consigned in the hands of Sir Gilbert Eliot advocat one of the Clerks of his Majesties privie Counsell the said Soume of Ane hundereth and fiftie pund Sterleing appointed to be payed by the above interloquitor

Att Edinburgh the third day of March Jaj vic nyntie eight yeirs

D1698/3/81

Act

Act The Lairds of Phinhaven and Bethaiock

Anent the petitiones given in to The Lords of his majesties privie Counsell The one therof be Mr James Carnegie of Phinhaven Shewing that the petitioner being by their Lordships order Comitted prisoner to the tollbwth of Edinburgh and haveing remained ther for about the Space of Six weeks Ther Lordships were graceousely pleased to ordaine the petitioner to be sett at Libertie upon his finding sufficient Cautione to appeare befor their Lordships when called and accordingly he was sett at Libertie upon cawtione But within few dayes efter he was Liberat out of prisone ther is a new complaint raised at the instance of The Laird of Kinfauns and his curators against the petitioners and his Lady and his Lady2 the the petitioners doughter for declaireing ther mariadge void and null and the Same being called ther Lordships were pleased to ordaine the petitioner within eight dayes therefter to produce The Lady Kinnfauns at the barr under the penaltie of Ten Thowsand merks or otherwayes to goe back to prisone and the petitioner not haveing a cawtion or readie for soe great a soume did frielie submitt and comply with the other alternative of ther Lordships interloqwitor by reentering into prisone the very same might Notwithstanding wherof and that the weather was very tempestwows and Stormie at the tyme The Lady Kinfauns did appear befor ther Lordships at the barr And ther being a full heareing before their Lordships upon the said complaint they were pleased to declyne to Judge in the petitioners doughters mariadge with Kinfauns and did remit the other points of the Lybell against the petitioner to probatione And accordingly ther haveing bein severall wittnesses examined therupon The petitioner is very hopefull that the great clamoure made against him in the saids complaints at the adviseing of the depositiones will not be found proven And Seing the petitioner hath bein soe Long detained prisoner to the great prejudice both of his health and privat affairs And that ther Lordships (as he is informed) are resolved to adjurne for some considerable tyme And as he never intended to give the Least offence So he is heartiely Sorrie that he Should have done any thing that might have given ther Lordships the Least displeasure And he humbly craves pardone for the Same And therfore humblie craveing ther Lordships to take the premisses to ther Sereows consideratione and to ordaine the petitioner to be Sett at Libertie upon his inacting himself to appear before ther Lordships when called for or finding Cautione for that effect As the said petitione bears Ane other of the saids petitiones at the instance of Thomas Blair of Ballthaoick for himself and in name and behalf of the other freinds of Kinfauns on the father and motehr Syde Shewing That wher the petitioners raised a perswite befor ther Lordships against Phinhaven for one of the most attrocious attempts that ever was brought befor ther Lordships in a mater of that kind with all the aggravatting circumstances of breach of trust wnfaithfullnes to a nephew and boy of fourtein yeirs of age contempt of the Lawes of nature nationes and of the authoritie of the cowrt wher the Samen was committed Supported by a cheatting of the Law and manifest evasione in a Judiciall oath which deserves a very hard name that ther Lordships would pwnish the abwses pwtt by him upon Kinfauns (to whom he had being tutor) in the choise of his curators by a pretended electione which pairtly by force and pairtly by fraud he caused Kinfauns to make befor The Shirreff deput of Forfar In which perswite the petitioners haveing prevailled and ther Lordships haveing Found not only ther electione null and void But Phinhaven gwiltie of the foirsaids manifold abuses in all reasone the petitioners ought to be refounded of ther expensses as acting dwetifullie for ther wndefeinded kinsman in hazard to be imposed upon and betrayed as said is Lykeas the said perswite befor ther Lordships by reasone of the great oppositione made by Phinhaven and the attendance to which they were obleidged hath bein verie expenssive And therfore humbly craveing ther Lordships to tax ther said expenss and decerne for the same As the said petitione at more Lenth bears And the third of the saids petitiones given in by the wittnesses adduced in the process persewed befor the Councell at the instance of the Laird of Kinfauns Bellthayock and others against the Laird of Phinhaven Anent the Curatrie viz James Blair of Ardblair Patrick Lyon of Ballgilly Gilbert Ramsay baillie of Forfar John Fallconer of Ballmashanock James Blair of Glaschloon Alexander Blair of Inshyre Mr John Lyon Shirreff clerk of Forfar William Dickiesone Towne Clerk William Wee wryter of Forfar Alexander Jaffery towne Thesaurer James Dall writer the George Cuthbert wryter ther Alexander Cook wryter ther Shewing That wher they are cited and called as wittnesses befor ther Lordships in the foirsaid actione and obleidged to come to Edinburgh and attend the Same Since the twentie nynth of october to the Sixtein of November Last inclwsive Dureing which tyme they for themselvs horses and servants have bein at very considerable expensses which Conforme to ther Lordships dayly practise and custome they owght to be payed and Satisfied by aither of the saids pairties And they haveing formerly applyed to ther Lordships They ordained Mr James Carnegie of Phinhaven to make payment to Alexander Aliesone for our accompt of Sixtein Shilling per diem from the said nyntyne of october to the said sixtein of November therefter inclusive and granted warrand for Letters of horning against him for payment therof on twentie four houres As to which interloquitor with all deference they represent to ther Lordships that any man Led as a witnes declaireing he had a horse is allowed sixtein Shilling per diem But the petitioners humblie Conceave that considering they are Gentlemen and had not only horses to themselvs But alsoe to ther Servants and being tyed to closs attendance dureing the foirsaid Space they for themselvs horses and servants were at very great chairges and expensses farr above what was formerly by ther Lordships allowed and over and above they are obleidged to be at the chairges of this and a former applicatione and also must extract the act and wse horneing which will near take the third of ther Lordships former allowance And therfore humbly craveing ther Lordships would consider the premisses and decerne and ordaine the said Mr James Carnegie to make payment to them of the Soume of thrie punds per fiem for each of the foirsaids dayes togither with what chairges and expensses they may be at in obtaining payment therof And that in regaird of the great expensses and trouble they have bein putt to in the said affaire And that it is most ordinary for people of ther qwalitie and Statione to have the foirsaid allowance haveing not only ther own but ther Servants to mentaine As also the said Patrick Lyon of Ballgilly over and above the foirsaids dayes is now againe called over as a witnes to the mariage and that notwithstanding he was at Edinburgh the tyme therof and therby hes bein obleidged to attend theron Since the twelve of Febrwary instant and will be the twentie Sixth ditto befor he can returne to his own house so that above the foirsaid allowance for the first process which was anent the curatrie he humbly craves ther Lordships may also modifie to him what expensses they Judge necessar for the foirsaid Space anent the mariage and to decerne Summar payment therof As the said petitione at more lenth beares The Lords of his majesties privie Counsell haveing this day Considered the saids haill thrie petitioners above uritten They by ther Sentance decerned and ordained the said Mr James Carnegie of Phinhaven to make payment and satisfactione to Thomas Blair of Bellthayock petitioner for himself and in name and behalf of the other freinds of the Laird of Kinfauns on the father and mothers Syde of the Soume of Ane hundereth and fifftie pwnds Sterleing of the expenss debursed be The Laird of Bellthayock and the freinds foirsaids upon both processes intended befor The Cowncell at the instance of The Laird of Kinfauns against The Laird of Phinhaven anent the curatrie and anent The mariage and ordaines the said Thomas Blair of Bellthayock to Satisfie the wittnesses expensses so far as is not all readie decerned against the said Laird of Phinhaven owt of the first end of the said Soume And ordaines Letters on six dayes wnder the Signet of Counsell and uthers to pass heiron in forme as effeirs And ordaines the said Laird of Phinhaven to continue prisoner untill he make payment of the Said Soume of Ane hundereth and fiftie pund Sterleing And upon payment of the Said Soume The Saids Lords of his majesties privie Counsell Doe heirby give order and warrand to the magistrats of Edinburgh and keeper of ther Tollbwith to Sett the Said Mr James Carnegie of Phinhaven at Libertie furth therof In respect he hes given bond and found Sufficient Cautione acted in the books of privie Counsell that he shall attend all the dyets of Counsell or Committie appointed or to be appointed in the said process when ever he shall be called or requyred therto And that wnder the penaltie of Two hundereth punds Sterleing in caice he Shall faill in any pairt of the premisses As also In respect the said Mr James Carnegie of Phinhaven in obedience and conforme to a delyverance of The Lords of privie Counsell upon a bill of Suspensione containing a charge to putt at Libertie presented by Phinhaven of the date the tenth of March instant hath consigned in the hands of Sir Gilbert Eliot advocat one of the Clerks of his Majesties privie Counsell the said Soume of Ane hundereth and fiftie pund Sterleing appointed to be payed by the above interloquitor

1. NRS, PC2/27, 101v-104r.

2. Sic.

1. NRS, PC2/27, 101v-104r.

2. Sic.