Act, 4 August 1693, Edinburgh

Act, 28 December 1693, Edinburgh

Edinburgh the Fourth day of August Jaj vjc Nyntie Thrie years

D1693/8/61

Act

Act Earl of Kintoir and for Thomas Burnet Against The Lord Bamff.

Anent a Petition given in to the Lords of their Majesties privy Councill be John Earle of Kintoir and Sir Thomas Burnet of Leyes trusties for and in name and behalf of the Ladie Jean Keith Ladie Bamff and her daughters and William Panton in Todsholls George Andersone mossgreive and other tenants threatned and oppressed by My Lord Bamff Shewing That quher it is notourly knowen that the said Ladie Jean Keith being intollerably maltreated by the said Lord Bamff her husband was upon aplication to the Lords allowed a seperation And Ordained to have ane aliement of two thousand merks yearly, Which aliement upon the Said Lord Bamffs turning papist in the year Jaj vjc Eightie seven was restarted to twelue hundred merks yearly And yet the said Lord Bamff did prove So untoward and uneasie to his oun Lady and Cheldrein that ther was a necessitie for a new setlment to be made by the interposeing and at the sight of freinds in the year Jaj vjc nyntie at which time the said Lord Bamff with the advice and consent of Sir Patrick Ogilvie of Boyne and Alexander Ogilvie of Forglen his brother Did Grant to the petitioners as trusties for and to the behove of his Ladie and thrie daughters a localitie of sixtein Chalders victuall yearly with the burdein of ministers stipends to be uplifted out of the lands quherof the rents were assigned and Disponed to the petitioners by his forsaid disposition and assignatione Which Dispositione and assignatione Doeth not only bear warrandice Bot also this express Declaratione that incaise the said Lord Bamff should directly or indirectly medle with the said Locallitie or rents therof ore contract debts to affect the same then he should Loss and omitt his Lyfrent right of the house yeards and parks of Inshdrower with fourtie bolls of reserved rent to him out of the Ryland in his Disposition granted to the Master of Bamff, Which should be allocat to the saids trusties for the furder aliement of the said Ladie and her Cheldrein And Farder that incaice they should be debarred from the forsaids Lands alocat and rents therof Then the Lady should Imediat recourse to her Decreet of aliement for the wholl soume therin Decerned to be uplifted furth of the lands disponed in fie to the Master of Bamff Bot not out of the lands sett apart for payment of Creditors as the said Dispositione and assignatione dated in August and september Jaj vjc nyntie bears Notwithstanding quherof And that the petitioners appoynted the said Alexander Ogilvie of Forglen his brother to be the petitioners factor And that the said Lord Bamff himself Did also give other Seperat Declarationes and assurances for their peaceable and queyet possession for the behove forsaid, yet such is his foreward temper and Unaccountable ill2 Dispositione and his associats Viz […] Stewart provest of Bamff George Chessor merchant ther George Gordone late baillie ther, Robert Duffes gardner ther Robert Rait and John Beath servitors to the said Lord Bamff, James Lindsay elder servitor to my Lord Airly William Galloway in […] James David burges in Bamff […] Ogilvie of Truchaw and Robert Ogilvie his Sone vexes and molests the tennants by most violent threatnings, and otherwayes so as they can never possess nor make payment to the petitioner of the saids rents for the necessary uses forsaid Bot on the Contrary, He has therby manifastly incurred the forsaid ferittancy And the samen ought and should be so found and Declared And he removed from the forsaid house yeard and orchyeards And fourtie bolls3 of victuall abovespecified And the petitioners possessed of the same; or otherwayes the Lady should have the4 benefite of the saids Lords former Decreet in maner above exprest And seing that this cause is not only aliementary Bot obviously attended with all the favorable circumstances that can plead for the destressed Lady and her thrie Daughters, And that it is not only most proper for the saids Lords to help them in the said matter, Bot that without the saids Lords present help and assistance they must be reduced to extreamity, And Farder that the said Lord Bamff his deeds of molestatione are attested by his oun brother the petitioners factor Lykas letters of Laborowes being raised against him and he therwith charged and letters of Captione out therupon he hath deforced the messengers that came to execute the same as ane atestatione under the majesties hand and ane other articular informatione anent my Lords threatning and oppression bears And Therfore Humbly Craveing the saids Lords In Consideratione of the premisses in the first place to give warrand for sumonding the said Lord Bamff to answer before the saids Lords in the premisses the […] day of […] nixt to come with Certificatione as said is And in the nixt place to give the saids Lords warrand and Commissione to Sir James Ogilvie Shireff of the said shyre and his deputes to take care that heirafter the petitioner or ther factors may not suffer no molestatione or oppositione whatsoever in uplifting of the saids Rents And that our tenants may be keept free of all shoaring boasting and minaceing to the effect the petitioners may have queit and peacable possessione other wayes to Impower the said Sir James to secure the persone of the said Lord Bamff Or to take what other effectuall Course he shall think expedient untill the Lords should Cognosie and determine in the wholl premises as the petitione bears The Lords of their majesties privy Councill Haveing Considered the petitione on the two preceiding pages gaven in to them be the Earle of Kintoir and Sir Thomas Burnet of Leyes They heirby Ordaine letters to be direct for citeing the Lord Bamff and his accomplices mentioned in the foregoeing petitione To Compeir before the saids Lords of privy Councill The […] day of […] nixt to answer to the poynts of the said petitione And Grants warrand for citeing witneses And the saids Lords Doe heirby give warrand and Commission to Sir James Ogilvie of Churchhill shirref principall of Bamff or his depute to take care that for the future the petitioners nor their factors suffer no molestatione or oppositione in uplifting the rents contained in the petitione And that their tenants bee keeped free of the Lord Bamffs shoaring, boasting and minaceing.

Edinburgh the Fourth day of August Jaj vjc Nyntie Thrie years

D1693/8/61

Act

Act Earl of Kintoir and for Thomas Burnet Against The Lord Bamff.

Anent a Petition given in to the Lords of their Majesties privy Councill be John Earle of Kintoir and Sir Thomas Burnet of Leyes trusties for and in name and behalf of the Ladie Jean Keith Ladie Bamff and her daughters and William Panton in Todsholls George Andersone mossgreive and other tenants threatned and oppressed by My Lord Bamff Shewing That quher it is notourly knowen that the said Ladie Jean Keith being intollerably maltreated by the said Lord Bamff her husband was upon aplication to the Lords allowed a seperation And Ordained to have ane aliement of two thousand merks yearly, Which aliement upon the Said Lord Bamffs turning papist in the year Jaj vjc Eightie seven was restarted to twelue hundred merks yearly And yet the said Lord Bamff did prove So untoward and uneasie to his oun Lady and Cheldrein that ther was a necessitie for a new setlment to be made by the interposeing and at the sight of freinds in the year Jaj vjc nyntie at which time the said Lord Bamff with the advice and consent of Sir Patrick Ogilvie of Boyne and Alexander Ogilvie of Forglen his brother Did Grant to the petitioners as trusties for and to the behove of his Ladie and thrie daughters a localitie of sixtein Chalders victuall yearly with the burdein of ministers stipends to be uplifted out of the lands quherof the rents were assigned and Disponed to the petitioners by his forsaid disposition and assignatione Which Dispositione and assignatione Doeth not only bear warrandice Bot also this express Declaratione that incaise the said Lord Bamff should directly or indirectly medle with the said Locallitie or rents therof ore contract debts to affect the same then he should Loss and omitt his Lyfrent right of the house yeards and parks of Inshdrower with fourtie bolls of reserved rent to him out of the Ryland in his Disposition granted to the Master of Bamff, Which should be allocat to the saids trusties for the furder aliement of the said Ladie and her Cheldrein And Farder that incaice they should be debarred from the forsaids Lands alocat and rents therof Then the Lady should Imediat recourse to her Decreet of aliement for the wholl soume therin Decerned to be uplifted furth of the lands disponed in fie to the Master of Bamff Bot not out of the lands sett apart for payment of Creditors as the said Dispositione and assignatione dated in August and september Jaj vjc nyntie bears Notwithstanding quherof And that the petitioners appoynted the said Alexander Ogilvie of Forglen his brother to be the petitioners factor And that the said Lord Bamff himself Did also give other Seperat Declarationes and assurances for their peaceable and queyet possession for the behove forsaid, yet such is his foreward temper and Unaccountable ill2 Dispositione and his associats Viz […] Stewart provest of Bamff George Chessor merchant ther George Gordone late baillie ther, Robert Duffes gardner ther Robert Rait and John Beath servitors to the said Lord Bamff, James Lindsay elder servitor to my Lord Airly William Galloway in […] James David burges in Bamff […] Ogilvie of Truchaw and Robert Ogilvie his Sone vexes and molests the tennants by most violent threatnings, and otherwayes so as they can never possess nor make payment to the petitioner of the saids rents for the necessary uses forsaid Bot on the Contrary, He has therby manifastly incurred the forsaid ferittancy And the samen ought and should be so found and Declared And he removed from the forsaid house yeard and orchyeards And fourtie bolls3 of victuall abovespecified And the petitioners possessed of the same; or otherwayes the Lady should have the4 benefite of the saids Lords former Decreet in maner above exprest And seing that this cause is not only aliementary Bot obviously attended with all the favorable circumstances that can plead for the destressed Lady and her thrie Daughters, And that it is not only most proper for the saids Lords to help them in the said matter, Bot that without the saids Lords present help and assistance they must be reduced to extreamity, And Farder that the said Lord Bamff his deeds of molestatione are attested by his oun brother the petitioners factor Lykas letters of Laborowes being raised against him and he therwith charged and letters of Captione out therupon he hath deforced the messengers that came to execute the same as ane atestatione under the majesties hand and ane other articular informatione anent my Lords threatning and oppression bears And Therfore Humbly Craveing the saids Lords In Consideratione of the premisses in the first place to give warrand for sumonding the said Lord Bamff to answer before the saids Lords in the premisses the […] day of […] nixt to come with Certificatione as said is And in the nixt place to give the saids Lords warrand and Commissione to Sir James Ogilvie Shireff of the said shyre and his deputes to take care that heirafter the petitioner or ther factors may not suffer no molestatione or oppositione whatsoever in uplifting of the saids Rents And that our tenants may be keept free of all shoaring boasting and minaceing to the effect the petitioners may have queit and peacable possessione other wayes to Impower the said Sir James to secure the persone of the said Lord Bamff Or to take what other effectuall Course he shall think expedient untill the Lords should Cognosie and determine in the wholl premises as the petitione bears The Lords of their majesties privy Councill Haveing Considered the petitione on the two preceiding pages gaven in to them be the Earle of Kintoir and Sir Thomas Burnet of Leyes They heirby Ordaine letters to be direct for citeing the Lord Bamff and his accomplices mentioned in the foregoeing petitione To Compeir before the saids Lords of privy Councill The […] day of […] nixt to answer to the poynts of the said petitione And Grants warrand for citeing witneses And the saids Lords Doe heirby give warrand and Commission to Sir James Ogilvie of Churchhill shirref principall of Bamff or his depute to take care that for the future the petitioners nor their factors suffer no molestatione or oppositione in uplifting the rents contained in the petitione And that their tenants bee keeped free of the Lord Bamffs shoaring, boasting and minaceing.

1. NRS, PC2/24, 238v-240r.

2. Insertion.

3. Illegible word scored out here.

4. Insertion.

1. NRS, PC2/24, 238v-240r.

2. Insertion.

3. Illegible word scored out here.

4. Insertion.