D1701/6/13
D1701/6/132
Sederunt
Lord Chancelor; Earl of Lauderdale; Earl of Leven; Earl of Northesk; Earl of Forfar; Lord Montgomrie; Lord Boyle; Lord Thesaurer depute; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Rankeilor; Lord Phesdo; Mr Frances Montgomrie; Lord provost of Edinburgh
1. NRS, PC2/28, 90r.
2. NRS, PC2/28, 90r.
1. NRS, PC2/28, 90r.
2. NRS, PC2/28, 90r.
D1701/6/12
D1701/6/121
Act
Anent the petition given in to the Lords of his Majesties privie Councill By Mary Countes Douager of Callender Shewing That Sir Alexander Livingstoun of Glentirran haveing apponted Dam […] Borthwick his Relict Tutrix to his sone and Daughter She the said Relict Committed her sone to the Custodie and Education of Mr Michaell Livingstoun of Bataskine his Fathers Brother uterine Where his health is preserved and continued and his Education had care of to great advantage she the said Relict retained the Daughter with her self who lived but short while This Tutorie vaceing by the said Lady Her Maryeing […] Lyon of Carnse There is a Gift of Tutorie Dative obtained by the said Lyon of Carss wherin the Earle of Ruglen The heir Substitute to the pupill concurred with all his influence intrest and presence at the Bar The said Carss the tutor desyreing to take the custodie of the said Sir James Livingstoun now of Glentirran the oey and only Issew of Alexander Earle of Callendar The petitioners Dear Lord, from the said Mr Michaell Livingstoun Brother uterin to the said pupill his Father The petitioners cannot without ingratitude to Her Dear Lords Memorie and for preservation of his only issew But represent to the saids Lords That though the Lords of Exchequer gave ane Tutorie Dative to the said Cairss yet at the time it was understood by them that if the custodie of the pupill fall in question He the said Tutor could not have the custodie Because the Child hes been brade and brought up to the great advancement of his health and Advantage of his Education with the said Mr Micahell Livingstoun of Bataskine The chainge of the air and way of his education may make alteration in Both Secundo Wherever the Tutor hes intrest by the pupills death or the Advancer of the Tutor to his officer, naither of those causes The tutor never getts the custodie of the pupill And in this cise the Mother who is the Tutors Lady hes ane Additionall Joynture by the death of the pupill And the Earle of Ruglen who was at the greatest pains In obtaining this Tutorie to Carss is to succeed to the pupill upon his death Therfore Craveing The saids Lords to Discharge the Delivering of the said […] Livingstoun of Glentirran to the said Laird of Carss his Tutor And to ordain him to remain with the said Mr Michaell Livingstoun who may have satisfaction and pleasure by the life of so near a Religion But can have no Advantage but sorrow thor his death Being resolved to make him his heir haveing no Children of his oune As the said petition bears The Lords of His Majesties privie Councill haveing considered this petition given in to them by the said Countes of Callender And Ansuers therto for Mr Patrick Lyon of Carss They have Discharged and heirby Discharges the Deliverie of the above Sir James Livingstoun of Glentirran pupill to the said Laird of Carss To his said Tutor And ordains him to remain with the said Mr Michaell Livingstoun
1. NRS, PC2/28, 89v-90r.
1. NRS, PC2/28, 89v-90r.
D1701/6/11
D1701/6/112
Sederunt
Lord Chancelor; Earl of Lauderdale; Earl of Leven; Viscount Tarbat; Viscount Tiviot; Lord Montgomrie; Lord Boyle; Lord president of session; Lord justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Crocerig; Lord Phesdo; Mr Frances Montgomrie; Lord provost of Edinburgh
1. NRS, PC2/28, 89v.
2. NRS, PC2/28, 89v.
1. NRS, PC2/28, 89v.
2. NRS, PC2/28, 89v.
D1701/6/10
D1701/6/101
Petition
Anent the petition given in and presented to the Lords of His Majesties privie Councill by John Leslie of Auchorsk and Christian Leslie his sister with Concurse of William Lord Forbes Mr Arthur Fobres of Auchintoule Mr Archibald Forbes of Lukliehead David Forbes of Leslie John Forbes of Balfling, Patrick Leslie of Kincraigie Alexander Leslie of Wartholl Alexander Leslie procurator fiscahll of Aberdein and etc their Curators Humbly Shewing That wheras The petitioner and Alexander Abercrombie their Father in Law being Cited at the instance of James and Robert Leslies wrytters in Edinburgh as their nearest of kin by their Father To appear before the saids Lords on the […] day of […] last bypast wpon pretence that the said Alexander Abercrombie detained them within his Family and Educat them in popish principles with designe to send them beyond seas to popish Convents and Monatries and etc And therfore Craveing to have the Custodie and Education of the petitioners and management of their estates yet wpon Application to the saids Lords with the testificats of Mr Obsurne minister of the kirk session at Aberdein and of the minister of Dores Declareing that the petitioners regularly Keeped the Church with their Mother and observed all the ordinances Their Lordships was pleased to Recomend to the said William Lord Forbes one of their Lordships oune number to establish the petitioners in ane protestant Family or that they should be Cisted before their Lordships the first of June then next And My Lord Forbes haveing accordingly before the terme of Whitsonday last Caused the petitioners goe from their Father in Law and their Mothers house Did establish them with Barbara Morison a good pious woman And Alexander Mitchell her Brother in Law one of the Toun Clerks att Aberdein And which is since Approven by their Curators subscryvers of the said petition Who were chosen by the petitioners since the sequestration tho at the age one of them past tuenty and the other neir nyntein yet their affairs did requyre their conduct both for management protection from the oppression of the saids persewars The petitioners being at a great distance from Edinburgh And they wrytters in Edinburgh makeing brayg That they would persew their Fathers Designes Which were before his Death for severall years carried on to the loss of a great pairt of the petitioners small estate As is nottourly knoune in the Countrie where they live And therfore Craveing The saids Lords to excuse the absence of the petitioners and absolve them from the persute intented by the instigation and Malice of the saids James and Robert Leslies As the said petition bears The Lords of His Majesties privie Councill haveing considered this petition given in to them by the said John Leslie of Auchorsk and Christian Leslie his sister with Concurse of William Lord Forbes and others their Curators with a Missive Letter wrytten by the said Lord Forbes to the Lord high Chancelor anent the Interloquitor pronounced in the proces at the instance of […] Leslies against […] Abercrombie wherby his Lordships reports to the Councill that he hes taken the saids John and Christian Leslies being his Lordships relations out of the Custodie of Mr Abercrombie and placed them at Aberdein with Alexander Mitchell one of the toun Clerks there and Barbara Morison his sister in Law To whose custodie he would trust his oune Children Especially seeing they are to act by the advyce of Mr Osburne Minister there The saids Lords have Approven and heirby Approve of what the said Lord Forbes hes acted in the above matter In setleing of the forsaids two Children in manner forsaid
1. NRS, PC2/28, 88r-89r.
1. NRS, PC2/28, 88r-89r.
D1701/6/9
D1701/6/91
Order
Anent the petition given in and presented to the Lords of His Majesties privie Councill by Mr George Broun Minister of the Gospell and author of the Rotula Shewing That wheras the petitioner hath Contryved and Calculated a very usefull table for nunting of Gold readily shewing the value per gram Drop, ounce, pound, and stone wright of Bullion of any degree of Fynnes as also what wright of Gold standard fine is sufficient to Ballance the severall forsaid species of weight of whatsoever fynenes As also yeelding both the true value and weight of any number of peices at the rate the Merchant is to receave them from the master of the mint , And now it being fitt (to prevent errours in transribeing) That the said Table should be cast off in Tallie Duce to the end That such noblemen Gentlemen Merchants and others as may have the Inspection of the Mint or Bussienes with it may have them readible which the petitioner wants mony to effect Therfore Humbly Craveing To the effect aftermentioned as the said petition bears The Lords of HIs Majesties privie Councill haveing considered this petition given in to them by Mr George Broun They Doe heirby Recomend to the Lords Commissioners of His Majesties Theasurie To give to the petitioner such a Competent allouance as their Lordships shall think fitt for the purpose mentioned in the said petition And for the said petitioners encurragement to the effet therin mentioned
1. NRS, PC2/28, 87v-88r.
1. NRS, PC2/28, 87v-88r.
D1701/6/8
D1701/6/81
Act
Anent the petition given in and presented to the Lords of His Majesties privie Councill By the professors of the Divinitie Colledge of Saintandrews Humblie Shewing That where wpon application made by the petitioners to the Commission of parliament for visitation of schoolls and Colledges and a Representation therin contained of the state of the said Divinitie Colledge and how the Rents therof were damnified in the oume of Fyve hundreth merks yearly taken off the said Colledge for ane augmention to the Minister of Tinnigham and that all the rents therof did fall very short of the payment of the professors and the other necessary expenses of the said Colledge The said Commission by their act of the date the fourth day of March Jaj vijc Did Recomend to the saids Lords to allow to the said Divinitie Colledg What pairt of the halfmoneths Cess granted to the universite of Saintandrews by the parliament Jaj vjc Eightie one is yet in the hands of Inglistoun Collector therof And seing that by the said Act of parliament The Distribution of the said half moneths Cess is given to the saids Lords which was the ground of the said Representation And that their Lordships have alrady by their act dated the seventh of November Jaj vjc nynty fyve appoynted to the other tuo Colledges their shares and proportiones therof which was in effect more than would have fallen to them had the petitioners intrest at that time bein considerd And therfore Craveing To the effect aftermentioned As the said petition bears The Lords of His majesties privie Councill haveing considered this petition given in to them by the professors of the Divinitie Colledge of Saint Andrews They doe heirby allow the professors of the said halfmoneths Cess yet resting in Hugh Wallace of Inglistounes hand the Collector And Grants warrant to the saids Masters for uplifting and receaveing therof And if need beis to calland persew Inglistoun therfore
1. NRS, PC2/28, 87r-87v.
1. NRS, PC2/28, 87r-87v.
D1701/6/7
D1701/6/72
Sederunt
Lord Chancelor; Earl of Mar; Earl of Lauderdale; Earl of Leven; Viscount Tiviot; Lord Montgomrie; Lord Boyll; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crocerig; Lord Rankeilor; Lord Phesdo; Mr Frances Montgomrie; Laird of Stevenson; Lord provost of Edinburgh
1. NRS, PC2/28, 87r.
2. NRS, PC2/28, 87r.
1. NRS, PC2/28, 87r.
2. NRS, PC2/28, 87r.
D1701/6/6
D1701/6/61
Decreet
Anent the Lybell of summonds raised and persewed before the Lords of His majesties privie Councill att the instance of Sir Coline Campbell of Aberuchill Knight and Barronet one of the Senators of the Colledge of Justice and John Buchanan of Torrie his Tacksman with Concurse of Sir James Stewart His Majesties Advocat for his Highnes intrest in the matter underwrytten Makeing Mention That where by the Laues of this and all other weell governed Realmes all men aught to keep the publict peace and nowayes to attack and Invade ay man in his person goods or possessions without due order of Law And that to doe in the contrary Especially when the samen is done without any pretence or shaddow of Right and with ane unlaufull Convocation in armes and manifast force and violence Is a Crime and aught to be severely punished Nevertheless It is of verity that the said Sir Coline Campbell of Aberuchill being infeft under the great seall In the milne of Milnelands and Mucturies of Aberlednoch and by vertue therof by himself and his tennents and Tacksmen in the peaceable and uninterrupted possession by all acts and deeds of propertie for more then seven years bypast Mungo Campbell brother german to the deceast John Campbell of Clathick Did cause and procure one Archibald Campbell now in Coshievacan Who had not the least shaddow of right or title Dispone to him the said Milne and Milne lands And therupon take Infeftment on purpose to be a Collour to the violence that the intended and comeing upon ane or other of the dayes of March last accompanied with about ten or tuelve men his accomplices armed with Gunns pistolls suords and other armes invasive to the Ground of the saids Lands, he Caused Force a Court in his oune name And by the said Archibald Campbell his pretended author whom he hade made his Bailie and John Broun nottar to his pretended sasine Clerk and John Mcvoruh in Balmuik Court officer And haveing verbally summoned the said John Buchanan tacksman of the said Milne and Milnelands and his Cottars to Compear at his forsaid pretended Court After calling, the tacksman was Decerned in ane unlaw of ten pounds for absence and to pay the rent of the Milne and Milneelands for Cropt Jaj vijc and all preceidings to the said Mongo Campbell Wherupon the said tacksmans haill goods and gear were areaasted by the said pretended officer by affixing a Crosstick above his door and in his Corne Stacks and other places And Lykewayes he was Chairged to make payment of the soumes Decerned within termes of Law And farder a warneing was given to him to remove from the said milne and Milnelands and as to the Cottars who refused to compear when sent for by the siad pretended officer The said Mungo with James and Archibald Brouns Gairdners in Fordie went for them in rage and Furie and brought them to the said mock Court by force particularly one Duncan Mcinrot a Coupar who had hid himself under his Bedstraw and there were threatned and Forced to take tacks from the said Mungo and to subscryve the same by toutching the Nottars pen and for such of the Cottars as could not be found They were fyned each of them in fyve pund scots As Likeways the said Mungo and Archibald Campbells being Conscious of the illegallitie of their proceedings But resolved to maintain violence by violence They convocat about threttie men under the Commnad of one Duncan Campbell formerly Mcgreigor and ordinarly designed Captain of Lauers’s watch and William Campbell sone to Colin Campbell in Fordie armed with Gunns suords and other Invasive armes ready to oppose any that should appear to Challenge the forsaid Invasion and the said Mungo within a few dayes therafter sent one James Stewart smith in Aberlednock with a Lock and a key and orders as the said James affirmed to take off the Lock which the said John Buchannan Tacksman to the said Lord Aberuchill persewar had wpon the Milne and to put on the new Lock But was hindered at that time by the tacksman Wherupon the said Mungo cam the next day with the same smith and tuelve or threttein armed men and Lauers pyper upon their head and beat off the said Lock from the Milne door and offered to put on a new one till hindered by Patrick Comrie nephew to the said persewar Who pulled of the new Lock after dryveing of the first naile For which he was Furiously assaulted by the said James and Archibald Brounes and by John and Andrew Buchannans alias Graticks in Fordie and their by all the rest of their accomplices who Grasping him by the Midle armes, and souldiers Dragged him by Force to a Chainghouse where the said Mungo and others of his Complices were drinking wherupon the said Patrick Comrie expostulating with the said Mungo In presence of James Campbell of Lauers there for the time for the rude useage he had mett with The said James Broun ansuered in great wrath That if the Lord Aberuchill had bein there himself The would used him worse with a great many more outragious and opprobrious words, to this pupose and so they made the smith proceed to put on the new Lock for Compleating their said Masterfull and violent Invasion The lyke wherof so abusive to Law and right and so openly Forcible and oppressive can hardly be instanced off all which Crimes or ane or other of them The said Mungo and Archibald Campbells The saids James and Archibald Brouns, and John and Andrew Buchannans alias Graticks and James Stewart Smith and the said John Broun Nottar and John Mcvorich officer being Guiltie airt and pairt and the samen duely proven against them They and each of them aught to be decerned in the soume of […] for Damnages and expenses And Lykewayes Decerned to Desist from all molesting of the said Sir Coline Campbell of Aberuchill persewar and his Tacksmen and their Cottars in their forsaid possession In time comeing And to give good and sufficient securitie for that effect And farder they aught to be punished in their persons and goods by sentence of the saids Lords of privie Councill To the example and terror of others to committ the like in time Comeing And Anent the Charge given to the saids Defenders to have Compeared personally before the saids Lords of privie Councill at ane Certain day bygone To have Answered to the forsaid Complaint and to have heared and seen such order and course taken theranent as appertained under the pain of Rebellion and putting of them to the horne Which Certification as in the said principall Lybell being wpon the fyft day of June instant Called in presence of the saids Lords of his Majesties privie Councill And the said Sir Coline Campbell of Aberuchill and John Buchan of Torrie his Tacksman Compearing personally as persewars with the said Sir James Stewart his majesties Advocat And Sir David Dalrymple his Majesties solicitor Advocats for the saids persewars And the haill Defenders Compearing all personally with Mr David Forbes their Advocat The Lybell being Read and Considered The saids Lords Admitted the same to probation and the witnesses as marked in the Roll present haveing Compeared and made Faith The Appoynted a Committie of their oune number to examin the saids witnesses Compearing and making Faith Reserveing all objections which might be made against the said Committie Which Committie haveing therafter mett wpon the sixt day of June instant and haveing taken the Confessions of severall of the saids parties with the oaths and depositions of diverse and sundrie famour witneses The parties accknouledged and made the Confessions and the witneses being solemnly suorne Interrogat and examined wpon the poynts of the Lybell Deponed and Gave their oaths of veritie As in the respective Confessions of the parites and oaths and depositions of the witnesses takin in the said matter at mair length is contained Which Lybell with the Confessions of the pairties and oaths and depositions of the witnesses taken in the said proces being this day Advysed by the saids Lords of His Majesties privie Councill And their Lordships haveing this day at length heard seen and considered the same The Find the poynts and articles of the Lybell against the defenders sufficiently proven And have Fyned and heirby Fynes them respective in the soumes Following viz The said Mungo Campbell brother to Campbell of Clathick in the soume of Tuo hundreth merks and the said Archibald Campbell in Coshievaccan in the Like soume of tuo hundreth merk The said John Broun Nottar in the like soume of tuo hundreth merks And the said John Mcvorich in the soume of ane hundreth punds And ordains the haill defenders above named to be caried by a Macer from the Councill Bar to the tolbooth of Edinburgh and ordains the Magistrats of Edinburgh and keeper of their Tolbooth to receave and detain them prisoners therin ay and whil they make payment to the said persewar of their respective fynes forsaid and ordains the haill defenders above and after named to find sufficient Caution That they shall keep his Majesties peace in all time Comeing With the said Lord Aberuchill And the said John Buchanan his Tacksman And ordains them to lye in prison till they find Caution to keep the peace or be otherwayes liberat by due order of Law And the said saids2 Lords Fynes the said James Stewart smith John and Andrew Buchannans alias Grasicks and James and Archibald Brouns In the soume of ane hundreth punds per peice And Decernes and ordains them to make payment and satisfaction to the said Lord Aberuchill of their respective fynes of ane hundreth punds per peice forsaid And sicklyke Decerns and ordains The saids fyve Defenders last abovenamed to keep the peace with the said Lord Aberuchill and his said Tacksman And the saids Lords Doe heirby give order and warrand to the sherrifes of shyres stewarts of stewartries, provosts and Baillies of Burghs, Messengers at armes and all other Magistrats and Executers of the Law within this Realme To pass search seek take and apprehend The persons of the saids fyve defenders last above named wherever they are or may be apprehended And to put them in sure ward firmance and Captivitie And to keep and detain them ay and whill They shall make payment to the said Lord Aberuchill of the saids Fynes respective above specified And find Caution as is above decerned And fulfill the heall heads and Contents of this present sentence or untill they shall be otherways liberat by ordor and Course of Law
1. NRS, PC2/28, 84r-87r.
2. Sic.
1. NRS, PC2/28, 84r-87r.
2. Sic.
D1701/6/5
D1701/6/51
Procedure
In absence of the Lord High Chancelor and Lord president of privie Councill The Earle of Mar elected preses pro tempore
1. NRS, PC2/28, 84r.
1. NRS, PC2/28, 84r.
D1701/6/4
D1701/6/42
Sederunt
Earl of Mar; Earl of Leven; Lord Montgomrie; Lord Boyle; Lord Advocat; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crocerig; Lord Phesdo; Mr Frances Montgomrie
1. NRS, PC2/28, 84r.
2. NRS, PC2/28, 84r.
1. NRS, PC2/28, 84r.
2. NRS, PC2/28, 84r.