Author Archives: Philip Ward

Act, 15 February 1705, Edinburgh

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Edinburgh 15th February 1705

D1705/2/101

Act

Act in favours of the Earle of Murray

Anent the petition given in and presented to the Lords of her Majesties privie Councill, By Charles Earle of Morray, Shewing That where Alexander Stewart of Craigtoun his Chamberlane and Factor in Doun has latly Deceased, and very much in Arrear to him, And that he with his Friends caused seall his Cabinet and Trunks where all his papers were placed, and that he duly applyed to the Commisar of Dumblane within whose Jurisdiction the said Deceased Craigtoun recided, Wherupon he caused lawfully Cite Craigtouns nearest Friends and others concerned to be present at a precise day to the intent that all his papers might be regularly inventared and sequestrat to be exhibite to all pairties haveing interest, But being confidently assured that by a contryvance of some of his nearest relations, they designed to lock up the doors of the roume and house where the papers are Lodged on purpose to Cover Craigtouns Sinistrous designs which too palpably appear, and to evacuat his legall procedure in that affair, Therfore Craving it might please their Lordships to interpose their authority, and grant Warrand to the said Commissioner, or Stewart Depute of Monteith, To make open doors, that all Craigtouns papers might be duly Inventared and exhibite to the pairties having Interest, And particularly to him Insofarras his Interest by the papers themselves appear, as the said petition bears, Which petition being upon the thirteenth day of February Jaj viic and fyve years, Read in presence of the said Lords, They appoynted the Same to be seen and ansuered nixt Councill day by any Concerned, Therafter the said bill being moved in presence of the saids Lords upon the day and date of thir presents, The saids Lords Doe heirby grant power and warrand to the Commissary of Dumblane, or Stewart Depute of Monteith, or any one of them to make open doors where the papers and others belonging to the deceist Alexander Stewart of Craigtoun are Sequestrat, and Ordains them by their Clerks and others whom they shall appoynt to Inventar the saids papers, And to give Inventars Subscrybed by the said Clerks and Inspection of the saids papers to all persons Concerned and particularly to the petitioner Insofarras his Interest by the papers themselves appears

Edinburgh 15th February 1705

D1705/2/101

Act

Act in favours of the Earle of Murray

Anent the petition given in and presented to the Lords of her Majesties privie Councill, By Charles Earle of Morray, Shewing That where Alexander Stewart of Craigtoun his Chamberlane and Factor in Doun has latly Deceased, and very much in Arrear to him, And that he with his Friends caused seall his Cabinet and Trunks where all his papers were placed, and that he duly applyed to the Commisar of Dumblane within whose Jurisdiction the said Deceased Craigtoun recided, Wherupon he caused lawfully Cite Craigtouns nearest Friends and others concerned to be present at a precise day to the intent that all his papers might be regularly inventared and sequestrat to be exhibite to all pairties haveing interest, But being confidently assured that by a contryvance of some of his nearest relations, they designed to lock up the doors of the roume and house where the papers are Lodged on purpose to Cover Craigtouns Sinistrous designs which too palpably appear, and to evacuat his legall procedure in that affair, Therfore Craving it might please their Lordships to interpose their authority, and grant Warrand to the said Commissioner, or Stewart Depute of Monteith, To make open doors, that all Craigtouns papers might be duly Inventared and exhibite to the pairties having Interest, And particularly to him Insofarras his Interest by the papers themselves appear, as the said petition bears, Which petition being upon the thirteenth day of February Jaj viic and fyve years, Read in presence of the said Lords, They appoynted the Same to be seen and ansuered nixt Councill day by any Concerned, Therafter the said bill being moved in presence of the saids Lords upon the day and date of thir presents, The saids Lords Doe heirby grant power and warrand to the Commissary of Dumblane, or Stewart Depute of Monteith, or any one of them to make open doors where the papers and others belonging to the deceist Alexander Stewart of Craigtoun are Sequestrat, and Ordains them by their Clerks and others whom they shall appoynt to Inventar the saids papers, And to give Inventars Subscrybed by the said Clerks and Inspection of the saids papers to all persons Concerned and particularly to the petitioner Insofarras his Interest by the papers themselves appears

1. NRS, PC2/28, 366v-367r.

1. NRS, PC2/28, 366v-367r.

Sederunt, 15 February 1705, Edinburgh

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Edinburgh 15th February 17051

D1705/2/92

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Rothes P:S:; Earl of Crafurd; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Dunmore; Earl of Ruglen; Earl of Roseberry; Lord Yester; Lord Belhaven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Arnistoun; Lord Halcraig; Lord Anstruther; Mr Fra: Montgomry; Laird of Blackadder; Laird of Ormistoun younger; Lord Provost of Edinburgh

Edinburgh 15th February 17051

D1705/2/92

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Rothes P:S:; Earl of Crafurd; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Dunmore; Earl of Ruglen; Earl of Roseberry; Lord Yester; Lord Belhaven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Arnistoun; Lord Halcraig; Lord Anstruther; Mr Fra: Montgomry; Laird of Blackadder; Laird of Ormistoun younger; Lord Provost of Edinburgh

1. NRS, PC2/28, 366v.

2. NRS, PC2/28, 366v.

1. NRS, PC2/28, 366v.

2. NRS, PC2/28, 366v.

Act, 13 February 1705, Edinburgh

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Edinburgh 13th February 1705

D1705/2/81

Act

Act in favours of Adam Boig for printing the Edinburgh Currant

Anent the petition given in and presented to the Lord high Chancellor, and remanent Lords of privie Councill, By Adam Boig, Humbly Shewing That wheras their petitioner intends to Sett forth a paper by the name of Edinburgh Courant, which will come out thrice weekly, viz: Monday, Wednesday, and Fryday, containing most of the remarkable forreign newes from their prints and letters, and also the home newes from the ports within this Kingdom when ships comes and goes, and from whence; which its hoped will prove a great advantage to Merchants and others within the Nation, (it being now altogether neglected) and seeing their petitioner has no inclination to give offence therby to the Government, and that he cannot safely doe the same without he be impowered therto by their Lordships, And therfore Craving to the effect aftermentioned as the said petition bears, The Lords of her Majesties privie Councill having Considered the above petition, given in to them by Adam Boig, and the samen being read in their presence The saids Lords Doe heirby allow and grant warrand to the petitioner to sett furth and print ane paper entituled Edinburgh Currant, containing the remarkable forreign newes from the ports within this Kingdome when Ships comes and goods, and from whence, he alwayes being answerable for the samen and for the newes therin specified and sett doun.

Edinburgh 13th February 1705

D1705/2/81

Act

Act in favours of Adam Boig for printing the Edinburgh Currant

Anent the petition given in and presented to the Lord high Chancellor, and remanent Lords of privie Councill, By Adam Boig, Humbly Shewing That wheras their petitioner intends to Sett forth a paper by the name of Edinburgh Courant, which will come out thrice weekly, viz: Monday, Wednesday, and Fryday, containing most of the remarkable forreign newes from their prints and letters, and also the home newes from the ports within this Kingdom when ships comes and goes, and from whence; which its hoped will prove a great advantage to Merchants and others within the Nation, (it being now altogether neglected) and seeing their petitioner has no inclination to give offence therby to the Government, and that he cannot safely doe the same without he be impowered therto by their Lordships, And therfore Craving to the effect aftermentioned as the said petition bears, The Lords of her Majesties privie Councill having Considered the above petition, given in to them by Adam Boig, and the samen being read in their presence The saids Lords Doe heirby allow and grant warrand to the petitioner to sett furth and print ane paper entituled Edinburgh Currant, containing the remarkable forreign newes from the ports within this Kingdome when Ships comes and goods, and from whence, he alwayes being answerable for the samen and for the newes therin specified and sett doun.

1. NRS, PC2/28, 366r-366v.

1. NRS, PC2/28, 366r-366v.

Warrant, 13 February 1705, Edinburgh

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Edinburgh 13th February 1705

D1705/2/71

Warrant

Warrand appoynting the Lady Bredisholme to use Dilligence upon her Act against her Father in Law

Anent the petition given in and presented to the Lords of her Majesties privie Councill By Lady Bredisholme younger, Shewing That where their Lordships by their Act of the date the Sixteenth day of January last bypast appoynted and Ordained the Soume of Fyfte pounds Sterling money to be payed to their petitioner by James Muirhead of Breadisholme elder and that betwixt and the second day of February instant and appoynted letters of horning to be direct therupon And accordingly their petitioner having charged the said James Muirhead of Braidisholme elder to make payment therof accordingly, who upon the charge received did mean himselfe to the Lords of Councill and Session by ane Suspension, Craving that the saids Lords would Suspend their Lordships Act, and which bill was ordained by the Lord Ordinary on the bills to be seen and answered And in the mean tyme had sisted execution upon their Lordships Act and dilligence following theron, which She humbly and in all Submission to their Lordships conceive cannot be done, but their Lordships of the privie Councill allenerly, and which is ane manifest ryot and indignity done to their Lordships, not only by the said James Muirhead of Braidisholme elder, but also by John Ingles wryter to her Majesties signet, who perswaded him to doe so, and wrote and Subscrybed the forsaid bill as ane double therof in your Lordships hands will testifie, Therfore Craving it might please their Lordships not only to appoynt their Clerks to give her out ane Caption upon the forsaids letters, But also to call for the said James Muirhead, and the said John Inglis wryter to the Signet, who induced and perswaded him to present the forsaid bill of Suspension befor the Lords of Councill and Session therby to prorogat her Starveing condition, and to eleid the payment of the forsaid soume, To appear befor their Lordships and answers for the forsaid Contempt and misdemeanour Committed againest their Lordships of the Councill, and their authority that they might be punished to the terror and example of others to doe the like in tyme comeing, as the said petition bears, The Lords of her Majesties privie Councill having Considered the above petition given in to them by the Lady Braidisholme, And the samen being read in presence, The saids Lords Doe heirby allow the petitioner to goe on in her ordinary course of Dilligence, againest James Muirhead of Braidisholme elder as accords, Notwithstanding of the bill of Suspension presented to the Lords of Councill and Session.

Edinburgh 13th February 1705

D1705/2/71

Warrant

Warrand appoynting the Lady Bredisholme to use Dilligence upon her Act against her Father in Law

Anent the petition given in and presented to the Lords of her Majesties privie Councill By Lady Bredisholme younger, Shewing That where their Lordships by their Act of the date the Sixteenth day of January last bypast appoynted and Ordained the Soume of Fyfte pounds Sterling money to be payed to their petitioner by James Muirhead of Breadisholme elder and that betwixt and the second day of February instant and appoynted letters of horning to be direct therupon And accordingly their petitioner having charged the said James Muirhead of Braidisholme elder to make payment therof accordingly, who upon the charge received did mean himselfe to the Lords of Councill and Session by ane Suspension, Craving that the saids Lords would Suspend their Lordships Act, and which bill was ordained by the Lord Ordinary on the bills to be seen and answered And in the mean tyme had sisted execution upon their Lordships Act and dilligence following theron, which She humbly and in all Submission to their Lordships conceive cannot be done, but their Lordships of the privie Councill allenerly, and which is ane manifest ryot and indignity done to their Lordships, not only by the said James Muirhead of Braidisholme elder, but also by John Ingles wryter to her Majesties signet, who perswaded him to doe so, and wrote and Subscrybed the forsaid bill as ane double therof in your Lordships hands will testifie, Therfore Craving it might please their Lordships not only to appoynt their Clerks to give her out ane Caption upon the forsaids letters, But also to call for the said James Muirhead, and the said John Inglis wryter to the Signet, who induced and perswaded him to present the forsaid bill of Suspension befor the Lords of Councill and Session therby to prorogat her Starveing condition, and to eleid the payment of the forsaid soume, To appear befor their Lordships and answers for the forsaid Contempt and misdemeanour Committed againest their Lordships of the Councill, and their authority that they might be punished to the terror and example of others to doe the like in tyme comeing, as the said petition bears, The Lords of her Majesties privie Councill having Considered the above petition given in to them by the Lady Braidisholme, And the samen being read in presence, The saids Lords Doe heirby allow the petitioner to goe on in her ordinary course of Dilligence, againest James Muirhead of Braidisholme elder as accords, Notwithstanding of the bill of Suspension presented to the Lords of Councill and Session.

1. NRS, PC2/28, 365v-366r.

1. NRS, PC2/28, 365v-366r.

Sederunt, 13 February 1705, Edinburgh

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Edinburgh 13th February 17051

D1705/2/62

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Rothes P:S:; Earl of Crafurd; Earl of Buchan; Earl of Haddingtoun; Earl of Loudoun; Earl of Leven; Earl of Dunmore; Earl of Ruglen; Earl of Hyndfoord; Earl of Roseberry; Lord Yester; Lord Belhaven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Anstruther; Mr Fra: Montgomry; Laird of Blackadder; Laird of Ormistoun younger; Lord Provost of Edinburgh

Edinburgh 13th February 17051

D1705/2/62

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Rothes P:S:; Earl of Crafurd; Earl of Buchan; Earl of Haddingtoun; Earl of Loudoun; Earl of Leven; Earl of Dunmore; Earl of Ruglen; Earl of Hyndfoord; Earl of Roseberry; Lord Yester; Lord Belhaven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Anstruther; Mr Fra: Montgomry; Laird of Blackadder; Laird of Ormistoun younger; Lord Provost of Edinburgh

1. NRS, PC2/28, 365v.

2. NRS, PC2/28, 365v.

1. NRS, PC2/28, 365v.

2. NRS, PC2/28, 365v.

Decreet, 8 February 1705, Edinburgh

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Edinburgh 8th February 1705

D1705/2/51

Decreet

Interloquitor in the proces Patton of Panholls against the Earle of Perth

Proces at the instance of Patton of Panholls againest the Earle of Perth being called and the persuer Compearing at the Barr personally with Sir Patrick Home, his advocat, and the Defender Compearing by Sir David Dalrymple, and Master John Menzies his advocats, and Both pairties Lawiers heard at the Barr, and removed, The Lords of her Majesties privie Councill, In respect the persuer judicially acknowledged at the Barr that the proces is Lisspendens befor the parliament, Doe heirby Declaire they will not meddle therin, but leaves the persuer to prosecute the samen befor the parliament as accords, And therfore frees them from any furder attendance befor the Councill upon account of the said proces.

Edinburgh 8th February 1705

D1705/2/51

Decreet

Interloquitor in the proces Patton of Panholls against the Earle of Perth

Proces at the instance of Patton of Panholls againest the Earle of Perth being called and the persuer Compearing at the Barr personally with Sir Patrick Home, his advocat, and the Defender Compearing by Sir David Dalrymple, and Master John Menzies his advocats, and Both pairties Lawiers heard at the Barr, and removed, The Lords of her Majesties privie Councill, In respect the persuer judicially acknowledged at the Barr that the proces is Lisspendens befor the parliament, Doe heirby Declaire they will not meddle therin, but leaves the persuer to prosecute the samen befor the parliament as accords, And therfore frees them from any furder attendance befor the Councill upon account of the said proces.

1. NRS, PC2/28, 365r-365v.

1. NRS, PC2/28, 365r-365v.

Decreet, 8 February 1705, Edinburgh

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Edinburgh 8th February 1705

D1705/2/41

Decreet

Decreit Mr John Kennedy Minister at Peter Coulter and Mr Alexander Thomsone some tyme minister there

Anent The principall lybell and letters of Complaint raised at the instance of Mr John Kennedy minister of the Gospell at Petercoulter, with concourse of Sir James Stewart her Majesties advocat for her Highnes interest, Makeing mention That where by the severall Lawes and acts of parliament establishing presbeterian Church Government And ratifieing the samen, and particularly by the twentie third act of the fourth session of the first parliament King William and Queen Mary Its expressly statute and Ordained that the Lords of privie Councill, and all other Magistrats Judges, and officers of Justice, give all due assistance for making the Sentences and Censures of the Church and Judicators therof to be obeyed, or otherwayes effectuall as accords, yet Nevertheless Master Alexander Thomsone sometyme minister at Petercoulter, being by the Synod of Aberdein upon the […] day of October Jaj viic and three years, or ane or other of the dayes of the said moneth lawfully deposed from the ministrie and exerciseing any pairt of the ministeriall Function, and the said Kirk of Petercoulter Declaired vaccant, Wherupon the said Complainer was by the said presbytery of Aberdeen legally and lawfully Ordained the minister of the said Kirk and parochine, wherby the Complainer has good and undoubted right to the said Kirk, manse and Gleib, Yet Notwithstanding and in high Contempt of the severall Lawes and acts of parliament forsaid, and of the Sentence of the forsaid Synod of Aberdeen, The said Mr Alexander Thomsone did still retaine the possession of the forsaid manse and Glieb, and will not yeild the possession therof to the Complainer, who was lawfully admitted and Ordained minister there, Wherfore in all Law equity and reasone, The said Mr Alexander Thomsone ought not only to be by Decreit of the Lords of privie Councill ordained to flitt and remove himselfe his wyfe, Bairns, Mentennents and Servants, cattle goods and gear, furth and frae the said Manse and Glieb of Petercoulter, But also ought to delyver up to the Complainer the keyes of the said Manse, that the Complainer might enter to the possession therof and bruike and enjoy the samen during his Incumbancie there, as also to yeild to the Complainer the possession of the forsaid Glybe that the said Complainer might enter therto labour and manure the Samen, And Anent the charge given to the said Defender to have compeared at certain day bygone to have heard and seen such order and course taken theranent as appertaines with Certification as in the said lybell or letters of Complaint is more fully Contained, Wherunto the said Master Alexander Thomson gave in the answers following, Shewing, Wheras there is a lybell raised befor their Lordships at the instance of Mr John Kennedy, pretending to be Minister at Petercoulter, with concourse of her Majesties advocat, Mentioning That by the Severall Lawes and acts of parliament establishing presbyterian Church Government, and ratifieing the samen, and particularly by the twentie third act of the fourth session of the first parliament of King William and Queen Mary, It was expressly Statute and Ordained that the Lords of Councill, and all other Magistrats, Judges, and officers of Justice, to give due assistance for making the Sentence and Censures of the Church, and Judicatories therof obeyed, or otherwayes made effectuall, Yet that Mr Alexander Thomsone being by the Synod of Aberdeen in Anno Jaj viic three years deposed from the ministry, and exerciseing any pairt of that function, The Complainer was legally admitted Minister and therby had right to the Kirk, Manse, and Glieb, and that notwithstanding of the said Lawes and sentence of the Synod of Aberdeen, the said master Alexander Thomson retains possession of the Manse and Glieb, and will not yeild the possession therof to the Complainer, And therfore Concluding a Decreit of removeing against him, It was answered That Master Alexander Thomson was legally Ordained Minister of Petercoulter and was the first of that presbytry that qualified himselfe according to Law, and denyes that he was ever legally Deposed from the Ministry or exercise therof And as to the act of parliament lybelled on, that relates to the Sentences of the Church Judicatures that the civill Authority might be interposed for rendring them effectuall, there is no sentence of any Church Judicature againest Mr Thomson, which he hes Contemned, or requyres the civill authority to be interposed for rendring it effectuall, and as to the Conclusion of removeing from the Manse and Gleib, which is the only conclusion of the Lybell, he humbly presumes that actions of removing are only competent to the ordinar Judicatures and no proper Subject of their Lordships trouble, and he did not believe that the Church Judicatures have given any Sentence of removeing againest him, wherby their Lordships authority might be demanded to make the Same effectuall, Removeings being yet less proper to their province then their Lordships, Last of all, the Complainer Master John Kennedy, nor those who gave him the Call, are not qualified conforme to act of parliament, So his pretending to the Church is plain violence and contempt of the Law, In respect wherof Master Thomson ought to be assoilzied, and Mr Kennedy Decerned in his expences, The above Lybell at the instance of Mr John Kennedy Minister of the Gospell at Peter Coulter, againest Master Alexander Thomsone Sometyme Minister there, being called and the pursuar Compearing at the Barr with Sir James Stewart her Majesties Advocat, and the Defender Compearing also personally at the barr, with Sir David Cunninghame and Mr William Black his Advocats, and the Lybell with answers therto being read, and both pairties and their Lawiers heard at the Barr, and removed, The saids Lords having Considered the Samen, have Decerned and Ordained, and heirby Decern and Ordaine the Defender to flitt and remove himselfe, wyfe, Bairns, Mentennents and Servants, Cattle goods, and gear, furth and frae the Manse and Glieb of Peter Coulter, and to leave the samen voyd and redd and delyver up the keyes of the said manse to the persuer that he may enter therto peaceably, and bruike and enjoy the Samen during his Incumbancy there, And appoynts letters of horning under the Signet of Councill to be direct heirupon upon fyftein dayes as effeirs.

Edinburgh 8th February 1705

D1705/2/41

Decreet

Decreit Mr John Kennedy Minister at Peter Coulter and Mr Alexander Thomsone some tyme minister there

Anent The principall lybell and letters of Complaint raised at the instance of Mr John Kennedy minister of the Gospell at Petercoulter, with concourse of Sir James Stewart her Majesties advocat for her Highnes interest, Makeing mention That where by the severall Lawes and acts of parliament establishing presbeterian Church Government And ratifieing the samen, and particularly by the twentie third act of the fourth session of the first parliament King William and Queen Mary Its expressly statute and Ordained that the Lords of privie Councill, and all other Magistrats Judges, and officers of Justice, give all due assistance for making the Sentences and Censures of the Church and Judicators therof to be obeyed, or otherwayes effectuall as accords, yet Nevertheless Master Alexander Thomsone sometyme minister at Petercoulter, being by the Synod of Aberdein upon the […] day of October Jaj viic and three years, or ane or other of the dayes of the said moneth lawfully deposed from the ministrie and exerciseing any pairt of the ministeriall Function, and the said Kirk of Petercoulter Declaired vaccant, Wherupon the said Complainer was by the said presbytery of Aberdeen legally and lawfully Ordained the minister of the said Kirk and parochine, wherby the Complainer has good and undoubted right to the said Kirk, manse and Gleib, Yet Notwithstanding and in high Contempt of the severall Lawes and acts of parliament forsaid, and of the Sentence of the forsaid Synod of Aberdeen, The said Mr Alexander Thomsone did still retaine the possession of the forsaid manse and Glieb, and will not yeild the possession therof to the Complainer, who was lawfully admitted and Ordained minister there, Wherfore in all Law equity and reasone, The said Mr Alexander Thomsone ought not only to be by Decreit of the Lords of privie Councill ordained to flitt and remove himselfe his wyfe, Bairns, Mentennents and Servants, cattle goods and gear, furth and frae the said Manse and Glieb of Petercoulter, But also ought to delyver up to the Complainer the keyes of the said Manse, that the Complainer might enter to the possession therof and bruike and enjoy the samen during his Incumbancie there, as also to yeild to the Complainer the possession of the forsaid Glybe that the said Complainer might enter therto labour and manure the Samen, And Anent the charge given to the said Defender to have compeared at certain day bygone to have heard and seen such order and course taken theranent as appertaines with Certification as in the said lybell or letters of Complaint is more fully Contained, Wherunto the said Master Alexander Thomson gave in the answers following, Shewing, Wheras there is a lybell raised befor their Lordships at the instance of Mr John Kennedy, pretending to be Minister at Petercoulter, with concourse of her Majesties advocat, Mentioning That by the Severall Lawes and acts of parliament establishing presbyterian Church Government, and ratifieing the samen, and particularly by the twentie third act of the fourth session of the first parliament of King William and Queen Mary, It was expressly Statute and Ordained that the Lords of Councill, and all other Magistrats, Judges, and officers of Justice, to give due assistance for making the Sentence and Censures of the Church, and Judicatories therof obeyed, or otherwayes made effectuall, Yet that Mr Alexander Thomsone being by the Synod of Aberdeen in Anno Jaj viic three years deposed from the ministry, and exerciseing any pairt of that function, The Complainer was legally admitted Minister and therby had right to the Kirk, Manse, and Glieb, and that notwithstanding of the said Lawes and sentence of the Synod of Aberdeen, the said master Alexander Thomson retains possession of the Manse and Glieb, and will not yeild the possession therof to the Complainer, And therfore Concluding a Decreit of removeing against him, It was answered That Master Alexander Thomson was legally Ordained Minister of Petercoulter and was the first of that presbytry that qualified himselfe according to Law, and denyes that he was ever legally Deposed from the Ministry or exercise therof And as to the act of parliament lybelled on, that relates to the Sentences of the Church Judicatures that the civill Authority might be interposed for rendring them effectuall, there is no sentence of any Church Judicature againest Mr Thomson, which he hes Contemned, or requyres the civill authority to be interposed for rendring it effectuall, and as to the Conclusion of removeing from the Manse and Gleib, which is the only conclusion of the Lybell, he humbly presumes that actions of removing are only competent to the ordinar Judicatures and no proper Subject of their Lordships trouble, and he did not believe that the Church Judicatures have given any Sentence of removeing againest him, wherby their Lordships authority might be demanded to make the Same effectuall, Removeings being yet less proper to their province then their Lordships, Last of all, the Complainer Master John Kennedy, nor those who gave him the Call, are not qualified conforme to act of parliament, So his pretending to the Church is plain violence and contempt of the Law, In respect wherof Master Thomson ought to be assoilzied, and Mr Kennedy Decerned in his expences, The above Lybell at the instance of Mr John Kennedy Minister of the Gospell at Peter Coulter, againest Master Alexander Thomsone Sometyme Minister there, being called and the pursuar Compearing at the Barr with Sir James Stewart her Majesties Advocat, and the Defender Compearing also personally at the barr, with Sir David Cunninghame and Mr William Black his Advocats, and the Lybell with answers therto being read, and both pairties and their Lawiers heard at the Barr, and removed, The saids Lords having Considered the Samen, have Decerned and Ordained, and heirby Decern and Ordaine the Defender to flitt and remove himselfe, wyfe, Bairns, Mentennents and Servants, Cattle goods, and gear, furth and frae the Manse and Glieb of Peter Coulter, and to leave the samen voyd and redd and delyver up the keyes of the said manse to the persuer that he may enter therto peaceably, and bruike and enjoy the Samen during his Incumbancy there, And appoynts letters of horning under the Signet of Councill to be direct heirupon upon fyftein dayes as effeirs.

1. NRS, PC2/28, 364r-365r.

1. NRS, PC2/28, 364r-365r.

Sederunt, 8 February 1705, Edinburgh

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Edinburgh 8th February 17051

D1705/2/32

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Rothes P:S:; Earl of Crafurd; Earl of Buchan; Earl of Haddingtoun; Earl of Loudoun; Earl of Leven; Earl of Ruglen; Earl of Hyndfoord; Earl of Roseberry; Lord Yester; Lord Belhaven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Arnistoun; Lord Anstruther; Mr Fra: Montgomery; Laird of Blackadder; Laird of Ormistoun younger; Lord Provost of Edinburgh

Edinburgh 8th February 17051

D1705/2/32

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Rothes P:S:; Earl of Crafurd; Earl of Buchan; Earl of Haddingtoun; Earl of Loudoun; Earl of Leven; Earl of Ruglen; Earl of Hyndfoord; Earl of Roseberry; Lord Yester; Lord Belhaven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Arnistoun; Lord Anstruther; Mr Fra: Montgomery; Laird of Blackadder; Laird of Ormistoun younger; Lord Provost of Edinburgh

1. NRS, PC2/28, 363v.

2. NRS, PC2/28, 363v.

1. NRS, PC2/28, 363v.

2. NRS, PC2/28, 363v.

Act, 1 February 1705, Edinburgh

Posted on by

Edinburgh 1st February 1705

D1705/2/21

Act

Act in favours of the Countess of Southesque for ane aliment to the Earle

Anent the petition given in and presented to the Lords of her Majesties privie Councill By Mary Countess of Southesk, Shewing. That where their Lordships had been most justly pleased to continue with her the Custody of the Earle of Southesk her son, untill he be past pupillarity and attaine to the age of fourteen years compleat, wherby her jealousies and fears of his being suddenly Surpryzed and taken from her are removed, And seeing the Tutors of the said Earle by their act dated the sixth day of October Jaj vic nynty nyne years, did modifie and Ordain the Soume of Fyve thousand merks Scots yearly to be payed her for his aliment and intertainment, and that quarterly per advance, with some other Casualities mentioned in the said act, which hitherto hes been observed and payed, till about halfe a year agoe, since which tyme Mr James Martine Manadger of and Intrometter with the rents of the said Earles estate hes thought fitt to make no payments although it might have been reasonablie expected that the Earles own aliment and Intertainment should have been duly regaurded and the Soume modified for that end condignly payed, and being affraid that not only she might be made uneasie in getting payment of bygones, but also in tyme comeing, Therfore She was necessitat to make this application to their Lordships that they would be pleased to interpose their authority, And Ordaine the said Mr James Martine not only to make payment of bygones, but also to continue the Same in tyme coming as formerly appoynted by the Tutors, seeing she has no legall Compulsitor wherby to obliedge him therto, And therfor Craving to the effect aftermentioned as the said petiton bears, The Lords of her Majesties privie Councill having Considered the above petition given in to them by Mary Countess of Southesk, and the samen being read in their presence, The Saids Lords Doe heirby appoynt and Ordaine the soume of Two Thousand fyve Hundereth merks of aliment resting at and proceiding this present terme of Candlemess to be instantly payed up by the said Mr James Martine or any other Manager or Intrometter with the rents of the said Earles estate, whose names the pteitioner Shall give in Signed under her hand, and Continues the former modification of the saids Tutors conforme to the said act, during the tyme of the said Earle his aboad with the petitioner and have appoynted and Ordained and heirby Appoynts and Ordaines the said Mr James Martine or any other Intrometter with the said Estate whose names the petitioner Shall give in Signed under her hand as said is, To make payment to the petitioner of the forsaid soume of Fyve thousand merks of yearlie aliment for the said Earle, and that quarterly per advance during his abode as said is, Beginning the first quarters payment at the Terme of Whitsonday nixt to Come for the quarter immediatly following the said Terme and so furth quarterly therafter per advance Dureing the Earles aboad as said is, And Ordaines letters of horning under the Signet of Councill upon six dayes and others if need beis to be direct heiron in forme as effeirs.

Edinburgh 1st February 1705

D1705/2/21

Act

Act in favours of the Countess of Southesque for ane aliment to the Earle

Anent the petition given in and presented to the Lords of her Majesties privie Councill By Mary Countess of Southesk, Shewing. That where their Lordships had been most justly pleased to continue with her the Custody of the Earle of Southesk her son, untill he be past pupillarity and attaine to the age of fourteen years compleat, wherby her jealousies and fears of his being suddenly Surpryzed and taken from her are removed, And seeing the Tutors of the said Earle by their act dated the sixth day of October Jaj vic nynty nyne years, did modifie and Ordain the Soume of Fyve thousand merks Scots yearly to be payed her for his aliment and intertainment, and that quarterly per advance, with some other Casualities mentioned in the said act, which hitherto hes been observed and payed, till about halfe a year agoe, since which tyme Mr James Martine Manadger of and Intrometter with the rents of the said Earles estate hes thought fitt to make no payments although it might have been reasonablie expected that the Earles own aliment and Intertainment should have been duly regaurded and the Soume modified for that end condignly payed, and being affraid that not only she might be made uneasie in getting payment of bygones, but also in tyme comeing, Therfore She was necessitat to make this application to their Lordships that they would be pleased to interpose their authority, And Ordaine the said Mr James Martine not only to make payment of bygones, but also to continue the Same in tyme coming as formerly appoynted by the Tutors, seeing she has no legall Compulsitor wherby to obliedge him therto, And therfor Craving to the effect aftermentioned as the said petiton bears, The Lords of her Majesties privie Councill having Considered the above petition given in to them by Mary Countess of Southesk, and the samen being read in their presence, The Saids Lords Doe heirby appoynt and Ordaine the soume of Two Thousand fyve Hundereth merks of aliment resting at and proceiding this present terme of Candlemess to be instantly payed up by the said Mr James Martine or any other Manager or Intrometter with the rents of the said Earles estate, whose names the pteitioner Shall give in Signed under her hand, and Continues the former modification of the saids Tutors conforme to the said act, during the tyme of the said Earle his aboad with the petitioner and have appoynted and Ordained and heirby Appoynts and Ordaines the said Mr James Martine or any other Intrometter with the said Estate whose names the petitioner Shall give in Signed under her hand as said is, To make payment to the petitioner of the forsaid soume of Fyve thousand merks of yearlie aliment for the said Earle, and that quarterly per advance during his abode as said is, Beginning the first quarters payment at the Terme of Whitsonday nixt to Come for the quarter immediatly following the said Terme and so furth quarterly therafter per advance Dureing the Earles aboad as said is, And Ordaines letters of horning under the Signet of Councill upon six dayes and others if need beis to be direct heiron in forme as effeirs.

1. NRS, PC2/28, 363r-363v.

1. NRS, PC2/28, 363r-363v.

Sederunt, 1 February 1705, Edinburgh

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Edinburgh 1st February 17051 2

D1705/2/13

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Crafurd; Earl of Southerland; Earl of Buchan; Earl of Haddingtoun; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Dunmore; Earl of Ruglen; Lord Belhaven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Anstruther; Livetenent General Ramsay; Mr Fra: Montgomery; Laird of Blackadder; Laird of Ormistoun younger; Lord Provost of Edinburgh

Edinburgh 1st February 17051 2

D1705/2/13

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Crafurd; Earl of Southerland; Earl of Buchan; Earl of Haddingtoun; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Dunmore; Earl of Ruglen; Lord Belhaven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Anstruther; Livetenent General Ramsay; Mr Fra: Montgomery; Laird of Blackadder; Laird of Ormistoun younger; Lord Provost of Edinburgh

1. NRS, PC2/28, 362v.

2. This heading is given twice, but nothing is written under the first appearance.

3. NRS, PC2/28, 363r.

1. NRS, PC2/28, 362v.

2. This heading is given twice, but nothing is written under the first appearance.

3. NRS, PC2/28, 363r.