Author Archives: Philip Ward

Decreet, 18 July 1700, Edinburgh

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Att Edinburgh the Eighteinth day of July Jaj viic years

D1700/7/41

Decreet

Decreet Suspensione Drumond of Megins Against Stirling of Keir

Anent the bill of suspension presented and given in to the Lords of his Majesties privy Councill at the instance of James Stirling of Keir Against Adam Drummond of Megins and John Whyt sometime in Lennoch then his tennent now in Rosyth Shewing That wher the said James Stirling of their as master and Land Lord to Patrick Mcinchoiter pretended in Ardwhilry and heritor of the saids Lands and his tutors and Curators for their intrest are Charged be vertue of Letters of horning direct furth against the petitioners at the instance of Adam Drummond of Megins and John Whyt Sometime in Lammash then his tenant now in Rosyth To make payment to them of the Soume of Eight Hundred Seventie two pounds Scots money as the value and pryce of the goods Lybelled With Eight hundred merks of Damnadge and expensses Specified and contained in ane decreet given and pronounced be the Commissioners of Justiciary of the midle district upon the Twenty sixt day of December Last by past Within a Certaine Short space who forr alleaged not obedience to Cause denounce the petitioners rebell and put him to the horn most wrongeously and unjustly Considering It is of verity That the forsaid decreet is intrinsically null In Swa farr as the Same is pronounced against the petitioner as Land Lord to the said Patrick Mcinchoiter in Ardwhillarie, Wheras he is not so much as Lybelled against nor cited Bot the Lybell Conforme to the decreet produced was only against the petitioner and Patrick Donald Mcinleyes his tennent in Ardwhillarie Bot no mentione of McinCloiter, And ther being no probatione of any Crime against the said Patrick and Donald Mcinleyes no Sentance could pass against the said James Stirling petitioner Secundo the forsaid Decreet is most Illegall and unwarrantable In so farr as the decreet bears witnesses to have been adduced and Sworne before any citation was given to the petitioner Tertio the forsaid decreet is in absence and quoad the petitioner In so farr as by the decreet ther is Compearance made for the petitioner proponeing this defence that the petitioner being out of the kingdome could not be cited be vertue of the Commissioners precept and which was Sustained And the Lybell rejected Bot the petitioner being therafter cited upon a Suppliment at the marcat Cross of Edinburgh pear and Shoar of Leith, The probatione and depositiones of the witnesses was advysed without calling or hearing the petitioners procurators and the petitioner Decerned, And Archibald Stirling of Garden the petitioners Curator haveing Compeared and reclaimed against the Sentance he was refused to be heard Wheras if any legall method hade been taken and the petitioner heard to propone his defences he would Have proponed this defence Viz That the said Mcinchoiter was neither tennant nor possessor in the Lands of Ardwhillarie nor hade Larim nor forum for two years and more before the Committing the Crymes Lybelled which the petitioner could have proven by witnesses beyond Exception, and which would have eleided the said pursuit Bot that he was Servant to George Mcphatrick alias George Drummond who was allwayes tennant to the Earle of Pearth, and that the said Gregor being ane Captaine by Commission2 from the late King James and being in open hostility and rebellion against the government with his said master no Landlord can be answerable for depredationes Committed by these who were tennants and who broke out in open hostility And never returned to the ground, Bot this Mcinchoiter was neither tennent nor was ever in possession of any part of the petitioners estate therafter, Yet nevertheless etc And Therfore etc And Therfore Craveing the saids Lords would be pleased to grant Letters for calling the Chargers for productione of the Saids pretended Letters with the executiones therof Togither with the said pretended decreet wherupon the Samen proceeded To have been seen and Considered be the saids Lords and to have heard and Seen the Samen suspended as the said bill of Suspension at more Length bears Which Bill of Suspension being upon the Twentie Seventh day of February and Fourteinth day of March both Last by past read in presence of the saids Lords of his Majesties privy Councill They Granted two Severall Sists of executiones theron into two severall dyets both now bypast And in the mean time allowed the Chargers to See and answer the said bill of suspensione And the said Charger haveing Seen the said bill They returned the same And gave in answers therto Viz John Whit and the Said Adam Drumond of Megins his master obtained Decreet before the Commissioners of Justiciary of the Midle district of the Highlands against Keir and his tutors and Curators as heritors of the Lands of Ardwhollary and upon which lands and under the said Keir Patrick Mcinchoiter the robber and depredator of the said John Whites goodes Lives, for the Soume of Eight hundred seventie two pounds Scots as the value of the goods robbed and for Eight hundred merks for damnadges as the decreet more fully bears This decreet is offered to be Suspendit and to the bill of Suspension given in to the Lords of privy Councill for that effect Its answered Primo That the said bill denyes that Mcinchoiter was tennant to Keir the time of Committing the forsaid depredation etc To Which It is answered that the decreet and probatone therin3 taken is opponed wherby it is manifast that the said Mcinchoiter was tennant to the Laird of Keir the time of the robbery Lybelled and that he gott off the Stollen goods from Duncan Mcilphatrick who was the robber and resett, and made use of the Same, Whereby it is Certaine That Keir being Landlord for the time is undoubtedly Lyable, Nor is it of any moment that McChoiter is not called in the forsaid Decreet Because it is very true he was dead and hade non to represent him, Bot yet Since he was the knowen resetter it is undoubted that according to the Law of the Highlands that if the thift or resett be once proven the Land Lord is Lyable conforme to the acts of parliament Whither the resetter be dead or alyve Secundo It is alledged That the probation was taken and the witnesses examined before Keir was cited To Which it was answered That Keir at least Carden his Curator was Lawfullie cited by the Commissioners precept before any witnesses ware Sworne or examined And And4 it was not only upon a Suggestion afterwards that Keir himself was out of the Countrey That Letters of Suppliment were raised by delyverance of the Lords of Session to Sumond him cum processu and the day of Compearance past before any Sentance given in the Cause nor hath he any thing yet to Say more then what was alleadged by his Curator and procurator Tertio That the decreet is against Keir in absence It is answered That his Curator Compeared by his procurator as said is and whither he was present or absent its certaine; That to this day he can Object nothing against it Quarto That it is alleadged that the goods were away taken in the time of insurrectione in the Highlands in the year Jaj vic Eightie Nyne or Jaj vic Nyntie It is answered, That whither they were taken away the time of the Rable or not per inde est Since the Councill has most Justly found That the takeing away the time of the rebellion is not a just defence Bot on the Contrary Might be a Cloak for the greatest villianies And the only thing that the Complainer can alledge relevantly is that the goods were only caried away the time of the rebellion, Bot Consumed in the enimies Camp, Bot when it is Certainly knowen and proven that the goods were not so Consumed Bot were resett by the Said Mcinchoiter tennent to Keir upon his own ground, Keir was made most Justly Lyable and in effect if the pretext of every insurrection Should be Sustained to cover robers and depredationes in the Highlands their Should be no end of these villains and both Roberies and insurectiones would be therby multiplied In respect wherof the Said bill Ought to be refused as the answers bears And the said bill and answers therto being upon the fourth day of July instant Read in presence of his Majesties high Commissioner and the Lords of his Majesties privy Councill They by their Interloquitor of the said day Refused the Desire of the said bill of Suspension And allowed the former Letters raised at the Chargers Instance against the Suspender to be put to executione notwithstanding therof, And Therafter the said James Stirling of Keir and Archibald Stirline of Carden his Curator Gave in a petition to his Majesties high Commissioner and the Lords of his Majesties privy Councill Shewing That Wher the petitioner being these two years bygone out of the kingdome at his Studies and not yet returned and being cited before the Commissioners of Justiciary of the Midle district be vertue of their precept upon ane alledged depredation Committed by ane Mcinchoiter alledged tennent to the petitioner in Ardwhillarie upon the Lands pertaining to Adam Drummond of Megins, Att calleing of the forsaid ation5 It was proponed by Carden and the procurator, That the petitioner being out of the kingdome he could not be cited by vertue of the Commissioners precept Without a Suppliment, and which was Sustained and the petitioner appointed to be cited be vertue of a Suppliment at the Marcat Cross of Edinburgh pear and Shoar of Leith, Notwithstanding therof before any citation given to the petitioner or the dayes of the Ciation elapsed, Ther is probation adduced and advyssed, And Sentance pronounced without So much as calling parties And the petitioner decerned in the Soume of Eight Hundred Seventie two pounds, with Eight hundred merks of damnage and expensses And the petitioner being charged for payment therof The petitioner did present a bill of Suspension to the saids Lords in January last upon ther reasones that the forsaid Decreet was in absence quoad the petitioner, And that the same was unwarrantable by adduceing probatione without Citatione and advyseing the same without hearing the petitioner, Wheras if the petitioner hade been heard against the decreet, The petitioner would alleadged as now he do, That the probatione adduced does nowayes prove the said Patrick Mcinchoiter to be the petitioners tennent the time of the depredation, Bot the petitioner would have proven, And does now offer to prove by witnesses beyond exception, That he hade not been Tennant to the petitioner for near a year preceeding Bot ane Outlaw, and in hostility against the government under the Command of Gregor Mcgregor who was never the petitioners tenant Sicundo the petitioner was most unjustly charged as Land Lord to Patrick Mcinchoiter In respect the Lybell is only against the petitioner as Land Lord to Donald and Patrick Mcinlayes the petitioners tennants in Ardwhillarie, And there is no probation against them and Mcinchoiter is not so much as Lybelled against Conforme to the decreet produced so that the decreet is Contrary to the very Lybell So That it is hard that the petitioner Should be Decerned for debts Committed by rebells In whom the petitioner hade no intrest Neither before or after the depredation, This bill of suspension in January being ordained to See and answer, and so answers being given in for six moneths bygone, Bot the petitioners procurators allwayes expected to be heard, was Surprized That without any intimation to the petitioners procurators upon answers given in to the saids Lords the fourth instant by Megins after so long delay and the petitioners and his procurators in Security, The bill is refused and the Letters found orderly proceeded, and which is not usuall by the saids Lords And Therfore Humbly Craveing the saids Lords would be pleased To take the for saids reasones of Suspension to their Consideration, and allow the petitioners procurators to be heard upon the forsaids grounds and severall other unanswerable grounds Which Should be verified to the saids Lords And in the mean time to stope the decreet Which Bill or petition being upon the nynth day of July instant Read in presence of his Majesties high Commissioner and the Lords of privy Councill They by ther delyverance theron of the date the Nynth of July instant Stopped the interloquitor mentioned in the said petition of the date the fourth of July instant and discharged the extracting therof, And Declared that they would hear both parties Lawiers in their presence debate upon the reasones of suspension, And accordingly both parties Lawiers being this day called in presence of his Majesties high Commissioner and the saids Lords of privy Councill And Mr David Cuninghame and Mr Thomas Skeen Compearing as advocats for the said James Stirling of Keir and Archibald Stirling of Carden his Curator, and Sir James Stewart his majesties advocat and Mr David Dalrymple Compearing as advocats for the saids Adam Drummond of Megins and John Whyt chargers His Majesties high Commissioner and Lords of his Majesties privy Councill Haveing Considered the said bill of suspension and reasones of the said bill and answers forsaid made therto for the saids Chargers, And grounds of the charge, or decreet charged on with the haill wrytes produced for aither partie, and haveing at full Lengths heard both parties procurators debate as the Councill barr, and Considered the petition given in for the said James Stirling of Keir and Stirling of Carden his Curator His Grace and their Lordships Have Refused and hereby Refuses the said bill and reasones of Suspension, and notwithstanding of the same and of the other petition given in for Stirling of Keir and his said Curator Finds the former Letters at the instance of the said Adam Drummond of Megins and John Whyte late his tennent now in Rosyth chargers Orderly proceeded And Ordaines them to be put to farder executione against the Said James Stirling of Keir and his said Curator after the forme and tenor therof in all points.

Att Edinburgh the Eighteinth day of July Jaj viic years

D1700/7/41

Decreet

Decreet Suspensione Drumond of Megins Against Stirling of Keir

Anent the bill of suspension presented and given in to the Lords of his Majesties privy Councill at the instance of James Stirling of Keir Against Adam Drummond of Megins and John Whyt sometime in Lennoch then his tennent now in Rosyth Shewing That wher the said James Stirling of their as master and Land Lord to Patrick Mcinchoiter pretended in Ardwhilry and heritor of the saids Lands and his tutors and Curators for their intrest are Charged be vertue of Letters of horning direct furth against the petitioners at the instance of Adam Drummond of Megins and John Whyt Sometime in Lammash then his tenant now in Rosyth To make payment to them of the Soume of Eight Hundred Seventie two pounds Scots money as the value and pryce of the goods Lybelled With Eight hundred merks of Damnadge and expensses Specified and contained in ane decreet given and pronounced be the Commissioners of Justiciary of the midle district upon the Twenty sixt day of December Last by past Within a Certaine Short space who forr alleaged not obedience to Cause denounce the petitioners rebell and put him to the horn most wrongeously and unjustly Considering It is of verity That the forsaid decreet is intrinsically null In Swa farr as the Same is pronounced against the petitioner as Land Lord to the said Patrick Mcinchoiter in Ardwhillarie, Wheras he is not so much as Lybelled against nor cited Bot the Lybell Conforme to the decreet produced was only against the petitioner and Patrick Donald Mcinleyes his tennent in Ardwhillarie Bot no mentione of McinCloiter, And ther being no probatione of any Crime against the said Patrick and Donald Mcinleyes no Sentance could pass against the said James Stirling petitioner Secundo the forsaid Decreet is most Illegall and unwarrantable In so farr as the decreet bears witnesses to have been adduced and Sworne before any citation was given to the petitioner Tertio the forsaid decreet is in absence and quoad the petitioner In so farr as by the decreet ther is Compearance made for the petitioner proponeing this defence that the petitioner being out of the kingdome could not be cited be vertue of the Commissioners precept and which was Sustained And the Lybell rejected Bot the petitioner being therafter cited upon a Suppliment at the marcat Cross of Edinburgh pear and Shoar of Leith, The probatione and depositiones of the witnesses was advysed without calling or hearing the petitioners procurators and the petitioner Decerned, And Archibald Stirling of Garden the petitioners Curator haveing Compeared and reclaimed against the Sentance he was refused to be heard Wheras if any legall method hade been taken and the petitioner heard to propone his defences he would Have proponed this defence Viz That the said Mcinchoiter was neither tennant nor possessor in the Lands of Ardwhillarie nor hade Larim nor forum for two years and more before the Committing the Crymes Lybelled which the petitioner could have proven by witnesses beyond Exception, and which would have eleided the said pursuit Bot that he was Servant to George Mcphatrick alias George Drummond who was allwayes tennant to the Earle of Pearth, and that the said Gregor being ane Captaine by Commission2 from the late King James and being in open hostility and rebellion against the government with his said master no Landlord can be answerable for depredationes Committed by these who were tennants and who broke out in open hostility And never returned to the ground, Bot this Mcinchoiter was neither tennent nor was ever in possession of any part of the petitioners estate therafter, Yet nevertheless etc And Therfore etc And Therfore Craveing the saids Lords would be pleased to grant Letters for calling the Chargers for productione of the Saids pretended Letters with the executiones therof Togither with the said pretended decreet wherupon the Samen proceeded To have been seen and Considered be the saids Lords and to have heard and Seen the Samen suspended as the said bill of Suspension at more Length bears Which Bill of Suspension being upon the Twentie Seventh day of February and Fourteinth day of March both Last by past read in presence of the saids Lords of his Majesties privy Councill They Granted two Severall Sists of executiones theron into two severall dyets both now bypast And in the mean time allowed the Chargers to See and answer the said bill of suspensione And the said Charger haveing Seen the said bill They returned the same And gave in answers therto Viz John Whit and the Said Adam Drumond of Megins his master obtained Decreet before the Commissioners of Justiciary of the Midle district of the Highlands against Keir and his tutors and Curators as heritors of the Lands of Ardwhollary and upon which lands and under the said Keir Patrick Mcinchoiter the robber and depredator of the said John Whites goodes Lives, for the Soume of Eight hundred seventie two pounds Scots as the value of the goods robbed and for Eight hundred merks for damnadges as the decreet more fully bears This decreet is offered to be Suspendit and to the bill of Suspension given in to the Lords of privy Councill for that effect Its answered Primo That the said bill denyes that Mcinchoiter was tennant to Keir the time of Committing the forsaid depredation etc To Which It is answered that the decreet and probatone therin3 taken is opponed wherby it is manifast that the said Mcinchoiter was tennant to the Laird of Keir the time of the robbery Lybelled and that he gott off the Stollen goods from Duncan Mcilphatrick who was the robber and resett, and made use of the Same, Whereby it is Certaine That Keir being Landlord for the time is undoubtedly Lyable, Nor is it of any moment that McChoiter is not called in the forsaid Decreet Because it is very true he was dead and hade non to represent him, Bot yet Since he was the knowen resetter it is undoubted that according to the Law of the Highlands that if the thift or resett be once proven the Land Lord is Lyable conforme to the acts of parliament Whither the resetter be dead or alyve Secundo It is alledged That the probation was taken and the witnesses examined before Keir was cited To Which it was answered That Keir at least Carden his Curator was Lawfullie cited by the Commissioners precept before any witnesses ware Sworne or examined And And4 it was not only upon a Suggestion afterwards that Keir himself was out of the Countrey That Letters of Suppliment were raised by delyverance of the Lords of Session to Sumond him cum processu and the day of Compearance past before any Sentance given in the Cause nor hath he any thing yet to Say more then what was alleadged by his Curator and procurator Tertio That the decreet is against Keir in absence It is answered That his Curator Compeared by his procurator as said is and whither he was present or absent its certaine; That to this day he can Object nothing against it Quarto That it is alleadged that the goods were away taken in the time of insurrectione in the Highlands in the year Jaj vic Eightie Nyne or Jaj vic Nyntie It is answered, That whither they were taken away the time of the Rable or not per inde est Since the Councill has most Justly found That the takeing away the time of the rebellion is not a just defence Bot on the Contrary Might be a Cloak for the greatest villianies And the only thing that the Complainer can alledge relevantly is that the goods were only caried away the time of the rebellion, Bot Consumed in the enimies Camp, Bot when it is Certainly knowen and proven that the goods were not so Consumed Bot were resett by the Said Mcinchoiter tennent to Keir upon his own ground, Keir was made most Justly Lyable and in effect if the pretext of every insurrection Should be Sustained to cover robers and depredationes in the Highlands their Should be no end of these villains and both Roberies and insurectiones would be therby multiplied In respect wherof the Said bill Ought to be refused as the answers bears And the said bill and answers therto being upon the fourth day of July instant Read in presence of his Majesties high Commissioner and the Lords of his Majesties privy Councill They by their Interloquitor of the said day Refused the Desire of the said bill of Suspension And allowed the former Letters raised at the Chargers Instance against the Suspender to be put to executione notwithstanding therof, And Therafter the said James Stirling of Keir and Archibald Stirline of Carden his Curator Gave in a petition to his Majesties high Commissioner and the Lords of his Majesties privy Councill Shewing That Wher the petitioner being these two years bygone out of the kingdome at his Studies and not yet returned and being cited before the Commissioners of Justiciary of the Midle district be vertue of their precept upon ane alledged depredation Committed by ane Mcinchoiter alledged tennent to the petitioner in Ardwhillarie upon the Lands pertaining to Adam Drummond of Megins, Att calleing of the forsaid ation5 It was proponed by Carden and the procurator, That the petitioner being out of the kingdome he could not be cited by vertue of the Commissioners precept Without a Suppliment, and which was Sustained and the petitioner appointed to be cited be vertue of a Suppliment at the Marcat Cross of Edinburgh pear and Shoar of Leith, Notwithstanding therof before any citation given to the petitioner or the dayes of the Ciation elapsed, Ther is probation adduced and advyssed, And Sentance pronounced without So much as calling parties And the petitioner decerned in the Soume of Eight Hundred Seventie two pounds, with Eight hundred merks of damnage and expensses And the petitioner being charged for payment therof The petitioner did present a bill of Suspension to the saids Lords in January last upon ther reasones that the forsaid Decreet was in absence quoad the petitioner, And that the same was unwarrantable by adduceing probatione without Citatione and advyseing the same without hearing the petitioner, Wheras if the petitioner hade been heard against the decreet, The petitioner would alleadged as now he do, That the probatione adduced does nowayes prove the said Patrick Mcinchoiter to be the petitioners tennent the time of the depredation, Bot the petitioner would have proven, And does now offer to prove by witnesses beyond exception, That he hade not been Tennant to the petitioner for near a year preceeding Bot ane Outlaw, and in hostility against the government under the Command of Gregor Mcgregor who was never the petitioners tenant Sicundo the petitioner was most unjustly charged as Land Lord to Patrick Mcinchoiter In respect the Lybell is only against the petitioner as Land Lord to Donald and Patrick Mcinlayes the petitioners tennants in Ardwhillarie, And there is no probation against them and Mcinchoiter is not so much as Lybelled against Conforme to the decreet produced so that the decreet is Contrary to the very Lybell So That it is hard that the petitioner Should be Decerned for debts Committed by rebells In whom the petitioner hade no intrest Neither before or after the depredation, This bill of suspension in January being ordained to See and answer, and so answers being given in for six moneths bygone, Bot the petitioners procurators allwayes expected to be heard, was Surprized That without any intimation to the petitioners procurators upon answers given in to the saids Lords the fourth instant by Megins after so long delay and the petitioners and his procurators in Security, The bill is refused and the Letters found orderly proceeded, and which is not usuall by the saids Lords And Therfore Humbly Craveing the saids Lords would be pleased To take the for saids reasones of Suspension to their Consideration, and allow the petitioners procurators to be heard upon the forsaids grounds and severall other unanswerable grounds Which Should be verified to the saids Lords And in the mean time to stope the decreet Which Bill or petition being upon the nynth day of July instant Read in presence of his Majesties high Commissioner and the Lords of privy Councill They by ther delyverance theron of the date the Nynth of July instant Stopped the interloquitor mentioned in the said petition of the date the fourth of July instant and discharged the extracting therof, And Declared that they would hear both parties Lawiers in their presence debate upon the reasones of suspension, And accordingly both parties Lawiers being this day called in presence of his Majesties high Commissioner and the saids Lords of privy Councill And Mr David Cuninghame and Mr Thomas Skeen Compearing as advocats for the said James Stirling of Keir and Archibald Stirling of Carden his Curator, and Sir James Stewart his majesties advocat and Mr David Dalrymple Compearing as advocats for the saids Adam Drummond of Megins and John Whyt chargers His Majesties high Commissioner and Lords of his Majesties privy Councill Haveing Considered the said bill of suspension and reasones of the said bill and answers forsaid made therto for the saids Chargers, And grounds of the charge, or decreet charged on with the haill wrytes produced for aither partie, and haveing at full Lengths heard both parties procurators debate as the Councill barr, and Considered the petition given in for the said James Stirling of Keir and Stirling of Carden his Curator His Grace and their Lordships Have Refused and hereby Refuses the said bill and reasones of Suspension, and notwithstanding of the same and of the other petition given in for Stirling of Keir and his said Curator Finds the former Letters at the instance of the said Adam Drummond of Megins and John Whyte late his tennent now in Rosyth chargers Orderly proceeded And Ordaines them to be put to farder executione against the Said James Stirling of Keir and his said Curator after the forme and tenor therof in all points.

1. NRS, PC2/27, 348r-353r.

2. The phrase ‘was allwayes tennant to the Earle of Pearth’ scored our here.

3. An illegible word scored out here.

4. Sic.

5. Sic.

1. NRS, PC2/27, 348r-353r.

2. The phrase ‘was allwayes tennant to the Earle of Pearth’ scored our here.

3. An illegible word scored out here.

4. Sic.

5. Sic.

Sederunt, 18 July 1700, Edinburgh

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Att Edinburgh the Eighteinth day of July Jaj viic years1

D1700/7/32

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Mortone; Earl of Cassills; Earl of Lothian; Earl of Lowdon; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Carmichell S:; Lord Forbes; Lord Advocat; Lord Thesaurer Deput; Lord Aberuchill; Mr Fra: Montgomry; Lord Provest of Edinburgh

Att Edinburgh the Eighteinth day of July Jaj viic years1

D1700/7/32

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Mortone; Earl of Cassills; Earl of Lothian; Earl of Lowdon; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Carmichell S:; Lord Forbes; Lord Advocat; Lord Thesaurer Deput; Lord Aberuchill; Mr Fra: Montgomry; Lord Provest of Edinburgh

1. NRS, PC2/27, 348v.

2. NRS, PC2/27, 348r.

1. NRS, PC2/27, 348v.

2. NRS, PC2/27, 348r.

Act, 4 July 1700, Edinburgh

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Att Edinburgh The Fourth day of July One thousand seven hundred years

D1700/7/21

Act

Act William Black Clerk of the Regality of Dumfermling

His Majesties high Commissioner and the Lords of his Majesties privy Councill Haveing Considered a Representation made to them be William Black Clerk of the Regality of Dumfermling Shewing That he haveing been cited before his Grace and their Lordships at the instance of Allan Walkinshaw upon ane incident dilligence In the proces depending before the privy Councill at the instance of William Anderson late Dean of Gild of Dumfermling against the said Allan Walkinshaw and that ther is no lybell raised at Allan Walkinshawes instance against the said William Black to which he may make answer And Therfore Craveing that he might be dismissed and allowed to returne and attend his Imployment at home His Grace and their Lordships of privy Councill Have Allowed and hereby Allowes the said William Blaik to returne to his oun home and attend his Imployment their And Have Declared and hereby Declares him free of the forsaid Citation given to him upon the said incident dilligence And discharges him to be any furder troubled or mollested in the Muttuall processes depending before the the Councill betwixt Anderson and Walkinshaw untill ther be a proces raised against the said William Blaik himself and he particularly cited therto.

Att Edinburgh The Fourth day of July One thousand seven hundred years

D1700/7/21

Act

Act William Black Clerk of the Regality of Dumfermling

His Majesties high Commissioner and the Lords of his Majesties privy Councill Haveing Considered a Representation made to them be William Black Clerk of the Regality of Dumfermling Shewing That he haveing been cited before his Grace and their Lordships at the instance of Allan Walkinshaw upon ane incident dilligence In the proces depending before the privy Councill at the instance of William Anderson late Dean of Gild of Dumfermling against the said Allan Walkinshaw and that ther is no lybell raised at Allan Walkinshawes instance against the said William Black to which he may make answer And Therfore Craveing that he might be dismissed and allowed to returne and attend his Imployment at home His Grace and their Lordships of privy Councill Have Allowed and hereby Allowes the said William Blaik to returne to his oun home and attend his Imployment their And Have Declared and hereby Declares him free of the forsaid Citation given to him upon the said incident dilligence And discharges him to be any furder troubled or mollested in the Muttuall processes depending before the the Councill betwixt Anderson and Walkinshaw untill ther be a proces raised against the said William Blaik himself and he particularly cited therto.

1. NRS, PC2/27, 348r-348v.

1. NRS, PC2/27, 348r-348v.

Sederunt, 4 July 1700, Edinburgh

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Att Edinburgh The Fourth day of July One thousand seven hundred years1

D1700/7/12

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Crafurd; Earl of Erroll; Earl of Marr; Earl of Mortone; Earl of Eglington; Earl of Lauderdale; Earl of Lothian; Earl of Finlator; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Strathnaver; Lord Carmichell S:; Lord Forbes; Lord Ruthven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Lord Phesdoe; Mr Francis Montgomry; Laird of Grant; Laird of Stivenson; Lord Provest of Edinburgh

Att Edinburgh The Fourth day of July One thousand seven hundred years1

D1700/7/12

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Crafurd; Earl of Erroll; Earl of Marr; Earl of Mortone; Earl of Eglington; Earl of Lauderdale; Earl of Lothian; Earl of Finlator; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Strathnaver; Lord Carmichell S:; Lord Forbes; Lord Ruthven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Lord Phesdoe; Mr Francis Montgomry; Laird of Grant; Laird of Stivenson; Lord Provest of Edinburgh

1. NRS, PC2/27, 348r.

2. NRS, PC2/27, 347r-348r.

1. NRS, PC2/27, 348r.

2. NRS, PC2/27, 347r-348r.

Act, 27 June 1700, Edinburgh

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Att Edinburgh The Twentie Seventh day of June Jaj viic years

D1700/6/121

Act

Act Claud Hamilton of Barnes etc

Anent a Petition given in to his Majesties high Commissioner and the Lords of his Majesties privy Councill be Cloud Hamilton of Barnes […] Edmonston of Duntreath, John Spreull of Milntoune John Stirling alias Campbell of Law, Walter Buchannan of Gillistoune John Mackrae of Holl, John Hunter Robert Mirosione […] Boigle, William Laing John and William Johnstounes, James Findlay […] Calquhoune daughter to umquhill John Calquhoune of Auchintorlie, James Lainge Brock James Donald Alexander Douglas and […] Hamilton heritors and their tenents of the Lands of Barnes, Killbowies Balquhannoran Milnetoune Auchinleck Breadfeild Edinbarned Cochnayes Dintaglennan, Auchintoshen, Easter and wester Kilpatricks Shewing That albeit quartering of Souldiers for any Civill debt for execution of any Civill right be strictly prohibited and Discharged ay in any acts of parliament as manifast oppression yet Cathcart Ensigne in the Castle of Dumbartone at the desire of John Walkinshaw factor to the Dutches of Lennox Did by ane order under his hand dated the thretein day of this moneth of June Send a partie to quarter upon the petitioners upon pretence of uplifting Some watch maill alledged due by the petitioners to the Duke or Dutches of Lennox And in prosecutione of the forsaid order the forsaid partie have Lyen and Continued to exact free quarters from the petitioners to their heavie oppression and in manifast Contempt both of acts of parliament and Claime of right against such practises particularly against Military executione for Civill rights Which if Tollerat would very soon ruin Small heritors and their tennants And the saids Lords in the Case of Sir William Hope and Gordon, Haveing Found such practises altogither Illegall though the Circumstances in that cause were not so attrocious as here And Therfore Humbly Craveing his Grace and the saids Lords would be pleased Not only to order the said partie to be removed from the petitioners without any expensses, or Rideing money Bot Likewayes Grant warrand to the petitioners for Citeing Ensigne Cathcart Corporall William Robertsone who Comanded the partie and Livetennant John Walkingshaw to answer before the saids Lords for the said Manifast oppression and free quartering Contrary to Law as the said petition bears. His Majesties high Commissioner and the Lords of his Majesties privy Councill haveing Considered the above petition given in to them by the above Claud Hamiltone of Barnes and others They hereby Ordaine the above partie quartered upon the petitioner to be removed from off them and that without any expensses or ryding money And in the mean time allowes the above Ensigned Cathcart Corporall Robertson and Livetenant Walkingshaw to see and answer the above petition as to the remanent points therof.

Att Edinburgh The Twentie Seventh day of June Jaj viic years

D1700/6/121

Act

Act Claud Hamilton of Barnes etc

Anent a Petition given in to his Majesties high Commissioner and the Lords of his Majesties privy Councill be Cloud Hamilton of Barnes […] Edmonston of Duntreath, John Spreull of Milntoune John Stirling alias Campbell of Law, Walter Buchannan of Gillistoune John Mackrae of Holl, John Hunter Robert Mirosione […] Boigle, William Laing John and William Johnstounes, James Findlay […] Calquhoune daughter to umquhill John Calquhoune of Auchintorlie, James Lainge Brock James Donald Alexander Douglas and […] Hamilton heritors and their tenents of the Lands of Barnes, Killbowies Balquhannoran Milnetoune Auchinleck Breadfeild Edinbarned Cochnayes Dintaglennan, Auchintoshen, Easter and wester Kilpatricks Shewing That albeit quartering of Souldiers for any Civill debt for execution of any Civill right be strictly prohibited and Discharged ay in any acts of parliament as manifast oppression yet Cathcart Ensigne in the Castle of Dumbartone at the desire of John Walkinshaw factor to the Dutches of Lennox Did by ane order under his hand dated the thretein day of this moneth of June Send a partie to quarter upon the petitioners upon pretence of uplifting Some watch maill alledged due by the petitioners to the Duke or Dutches of Lennox And in prosecutione of the forsaid order the forsaid partie have Lyen and Continued to exact free quarters from the petitioners to their heavie oppression and in manifast Contempt both of acts of parliament and Claime of right against such practises particularly against Military executione for Civill rights Which if Tollerat would very soon ruin Small heritors and their tennants And the saids Lords in the Case of Sir William Hope and Gordon, Haveing Found such practises altogither Illegall though the Circumstances in that cause were not so attrocious as here And Therfore Humbly Craveing his Grace and the saids Lords would be pleased Not only to order the said partie to be removed from the petitioners without any expensses, or Rideing money Bot Likewayes Grant warrand to the petitioners for Citeing Ensigne Cathcart Corporall William Robertsone who Comanded the partie and Livetennant John Walkingshaw to answer before the saids Lords for the said Manifast oppression and free quartering Contrary to Law as the said petition bears. His Majesties high Commissioner and the Lords of his Majesties privy Councill haveing Considered the above petition given in to them by the above Claud Hamiltone of Barnes and others They hereby Ordaine the above partie quartered upon the petitioner to be removed from off them and that without any expensses or ryding money And in the mean time allowes the above Ensigned Cathcart Corporall Robertson and Livetenant Walkingshaw to see and answer the above petition as to the remanent points therof.

1. NRS, PC2/27, 347r-348r.

1. NRS, PC2/27, 347r-348r.

Act, 27 June 1700, Edinburgh

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Att Edinburgh The Twentie Seventh day of June Jaj viic years

D1700/6/111

Act

Act The Lady Strowan

Anent a Petition given in to His Majesties high Commissioner and the Lords of his Majesties privy Councill Be The Lady, Strowan, and Margaret, Jannet and Allison Robertones her daughters. Shewing That the petitioner the Lady Strowan haveing raised ane process before the saids Lords against Duncan Robertsone ane most ingrate and undutifull Sone to her, For severall autrages acts of Bangstrie and oppression Committed against her and her tennents wherin some witnesses hade been adduced and examined, and by Whose depositiones it was convinceingly clear That the said Duncan hath been guilty of the acts of oppression and violence against his mother in Maner Lybelled, Bot ther being Some farder witnesses to be adduced for concludeing the probation who are not examined No messengers dareing to give to that Countrey to put the petitioners Second dilligence against the witnesses in executione The Said Duncan for preventing therof And as ane addition to his former guilt haveing now Convocat and gathered togither ane Considerable number of Idle Vagabonds and Ruffians who all of them being armed to have oppenly and avowedly Laid waste the petitioners whole Joynture Lands and banished the tennents and their goods theirfrae, And particularly hath Seased upon Mrs Margaret Robertsone his sister who possessed one of these roomes her whole goods and Caried them away with his pertie, and not only so Bot when a partie of his Majesties forces then in Garisone at Carie came at her desire in order to rescue her goods and protect her in the possession, They did fire upon them Eight or nyne severall Shott, and therafter the Commander of the partie haveing inquyred at the said Duncan how it was and on what account that he did head so many armed men, He very ingeneously acknowledged That it was to dispossess the said Lady Strowan his mother and her tennents and which he hath done very effectually And Likewayes hath Laid waist any possession his other Sister Mrs Jannet hade Wherby the petitioners are ruined publict authority Contemned and his Majesties forces Also weell as others exposed to eminent danger, so that it seems necessary That such unwarrantable Convocationes be quailled and dissipate And the Ringleaders Seazed upon and punished without which both the publict peace of the kingdome and intrest of privat parties was insecure And Therfore Humbly Craveing the saids Lords would be pleased to order the Seazing upon and apprehending the said Duncan Robertson and his accomplices wherever they may be found, And Likewayes that the said Mrs Margret Robertsone her goods taken away by the said Duncan and his partie may be seazed upon wher ever the same can be found and redelivered to her, and that the nixt adjacent souldiers to the petitioners Joynture Lands might be Ordained to protect and defend the petitioners tennants in their possessiones, And that seing ther has been so highneous ane injury done to his Majesties forces, and that by the said Duncan Cruell and outrageous acts the publict peace has been disturbed And that the Lady and her other Cheldrein by his Laying the Lands waste and Seazing and Carieing away their goods hade rendered them altogither incapable to persew for redress they being reduced to these Straits and difficultie that they hade not wherupon to Leave It was therfore Likewayes humbly Craved that the saids Lords would be pleased to ordaine the said Duncan and his accomplices to be pursued upon the publict charge As the said petitione bears His Majesties high Commissioner and the Lords of his Majesties privy Councill Haveing Considered the above petition given in to them be the above Lady Strowan, Margaret, Jannet and Alison Robertsones her daughters; With a Letter direct from John Reid to Collonell James Fergusone or in his absence to the Commandant at Pearth relateing to the same affair mentioned in the petition, They hereby Give order and warrant to the said Collonell James Fergusone or the said Commandant and Souldiers under their Command Lying at […] To Seaze upon and apprehend the persone of the above Duncan Robertsone the petitioners sone and to Cause send him to the Tolbooth of Edinburgh under a sufficient guard, And ordaines the Magistrats of Edinburgh and keeper of their Tolbooth receive the said Duncan Robertsone from the party to be sent by the said Collonell Fergusone or Commandant and to keep him prisoner in their Tolbooth till farder order and allowes the said Lady Strowan and her daughters to raise a persuite against her said sone in Comon forme.

Att Edinburgh The Twentie Seventh day of June Jaj viic years

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Act

Act The Lady Strowan

Anent a Petition given in to His Majesties high Commissioner and the Lords of his Majesties privy Councill Be The Lady, Strowan, and Margaret, Jannet and Allison Robertones her daughters. Shewing That the petitioner the Lady Strowan haveing raised ane process before the saids Lords against Duncan Robertsone ane most ingrate and undutifull Sone to her, For severall autrages acts of Bangstrie and oppression Committed against her and her tennents wherin some witnesses hade been adduced and examined, and by Whose depositiones it was convinceingly clear That the said Duncan hath been guilty of the acts of oppression and violence against his mother in Maner Lybelled, Bot ther being Some farder witnesses to be adduced for concludeing the probation who are not examined No messengers dareing to give to that Countrey to put the petitioners Second dilligence against the witnesses in executione The Said Duncan for preventing therof And as ane addition to his former guilt haveing now Convocat and gathered togither ane Considerable number of Idle Vagabonds and Ruffians who all of them being armed to have oppenly and avowedly Laid waste the petitioners whole Joynture Lands and banished the tennents and their goods theirfrae, And particularly hath Seased upon Mrs Margaret Robertsone his sister who possessed one of these roomes her whole goods and Caried them away with his pertie, and not only so Bot when a partie of his Majesties forces then in Garisone at Carie came at her desire in order to rescue her goods and protect her in the possession, They did fire upon them Eight or nyne severall Shott, and therafter the Commander of the partie haveing inquyred at the said Duncan how it was and on what account that he did head so many armed men, He very ingeneously acknowledged That it was to dispossess the said Lady Strowan his mother and her tennents and which he hath done very effectually And Likewayes hath Laid waist any possession his other Sister Mrs Jannet hade Wherby the petitioners are ruined publict authority Contemned and his Majesties forces Also weell as others exposed to eminent danger, so that it seems necessary That such unwarrantable Convocationes be quailled and dissipate And the Ringleaders Seazed upon and punished without which both the publict peace of the kingdome and intrest of privat parties was insecure And Therfore Humbly Craveing the saids Lords would be pleased to order the Seazing upon and apprehending the said Duncan Robertson and his accomplices wherever they may be found, And Likewayes that the said Mrs Margret Robertsone her goods taken away by the said Duncan and his partie may be seazed upon wher ever the same can be found and redelivered to her, and that the nixt adjacent souldiers to the petitioners Joynture Lands might be Ordained to protect and defend the petitioners tennants in their possessiones, And that seing ther has been so highneous ane injury done to his Majesties forces, and that by the said Duncan Cruell and outrageous acts the publict peace has been disturbed And that the Lady and her other Cheldrein by his Laying the Lands waste and Seazing and Carieing away their goods hade rendered them altogither incapable to persew for redress they being reduced to these Straits and difficultie that they hade not wherupon to Leave It was therfore Likewayes humbly Craved that the saids Lords would be pleased to ordaine the said Duncan and his accomplices to be pursued upon the publict charge As the said petitione bears His Majesties high Commissioner and the Lords of his Majesties privy Councill Haveing Considered the above petition given in to them be the above Lady Strowan, Margaret, Jannet and Alison Robertsones her daughters; With a Letter direct from John Reid to Collonell James Fergusone or in his absence to the Commandant at Pearth relateing to the same affair mentioned in the petition, They hereby Give order and warrant to the said Collonell James Fergusone or the said Commandant and Souldiers under their Command Lying at […] To Seaze upon and apprehend the persone of the above Duncan Robertsone the petitioners sone and to Cause send him to the Tolbooth of Edinburgh under a sufficient guard, And ordaines the Magistrats of Edinburgh and keeper of their Tolbooth receive the said Duncan Robertsone from the party to be sent by the said Collonell Fergusone or Commandant and to keep him prisoner in their Tolbooth till farder order and allowes the said Lady Strowan and her daughters to raise a persuite against her said sone in Comon forme.

1. NRS, PC2/27, 345v-347r.

1. NRS, PC2/27, 345v-347r.

Decreet, 27 June 1700, Edinburgh

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Att Edinburgh The Twentie Seventh day of June Jaj viic years

D1700/6/101

Decreet

[Earl and Countess of Sutherland Against James White]

After the point of right was dismissed before the Lords of Session Conforme to the remitt to them of the date the twenty one day of November last by past The Countes of Southerland and the Earle of Southerland gave in a petitione to the Lords of his Majesties privy Councill Which with another petition given in at the same time by James Whyte Commissar Clerk of Lauder Being upon the Threteinth day of June instant Considered be the saids Lords of privy Councill, His Majesties high Commissioner and the Lords of privy Councill by their Interloquitor of the date forsaid upon the said two bills did appoint the Macers of Councill to advertise the Committie appointed in the said two Muttuall processes to meett and recomended to the said Committie to endeavor to setle and agree both parties in the Matter Lybelled And Declared they would hear both parties in the saids processes at any Certaine day now by gone And appointed them to attend the Councill that day for that effect And the Saids two processes being called this day in presence of the Lords of his majesties privy Councill, And the pursuer in the principall Lybell who is defender in the reconventione Compearing by Mr David Dalrymple and Mr William Calderwood his advocats And the defenders in the principall lybell who are persuers in the reconvention2 Compearing by Sir James Stewart his majesties advocats and both parties advocats being fully heard in the matter Lybelled And his majesties high Commissioner and Lords of his Majesties privy Councill Haveing Considered both petitiones or bills with the haill debate made be both parties procurators and wrytes produced for the Lady Southerland They Have Recalled and hereby Recalls the former order of Councill emitted in their process Discharging all parties The marques of Douglas Countes of Southerland or any other persones whatsoever to exercise any Jurisdictione be themselves or their baillies or deputes within the Bailliary of the regallity of Prestoune and Bimokle and Declaires the Same extract void and null as if it hade never been given nor pronunced And have Reponed and hereby Repones the said Countes of Southerland to the exercise of the office of Baillie in the said regallity And that in the termes of the Lords of Councill and Session their decreet wherby they Find that the said Countes of Southerland has right to the Jurisdictione of the Regallity within the bounds of the propertie of the Lands lifrented by her Which decreet of Session is dated the twentie sixth day of January Last by past And have Dicharged3 and hereby Discharges the said James Whyt or any other persone whatsoever to exerce the said office Contrary to, or Interupt the forsaid Countes or her baillies in exerceing of the same in the termes of the4 forsaid decreet of the Lords of Session in time comeing dureing all the dayes years and Space of the said Countes of Southerland her life time.

Att Edinburgh The Twentie Seventh day of June Jaj viic years

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Decreet

[Earl and Countess of Sutherland Against James White]

After the point of right was dismissed before the Lords of Session Conforme to the remitt to them of the date the twenty one day of November last by past The Countes of Southerland and the Earle of Southerland gave in a petitione to the Lords of his Majesties privy Councill Which with another petition given in at the same time by James Whyte Commissar Clerk of Lauder Being upon the Threteinth day of June instant Considered be the saids Lords of privy Councill, His Majesties high Commissioner and the Lords of privy Councill by their Interloquitor of the date forsaid upon the said two bills did appoint the Macers of Councill to advertise the Committie appointed in the said two Muttuall processes to meett and recomended to the said Committie to endeavor to setle and agree both parties in the Matter Lybelled And Declared they would hear both parties in the saids processes at any Certaine day now by gone And appointed them to attend the Councill that day for that effect And the Saids two processes being called this day in presence of the Lords of his majesties privy Councill, And the pursuer in the principall Lybell who is defender in the reconventione Compearing by Mr David Dalrymple and Mr William Calderwood his advocats And the defenders in the principall lybell who are persuers in the reconvention2 Compearing by Sir James Stewart his majesties advocats and both parties advocats being fully heard in the matter Lybelled And his majesties high Commissioner and Lords of his Majesties privy Councill Haveing Considered both petitiones or bills with the haill debate made be both parties procurators and wrytes produced for the Lady Southerland They Have Recalled and hereby Recalls the former order of Councill emitted in their process Discharging all parties The marques of Douglas Countes of Southerland or any other persones whatsoever to exercise any Jurisdictione be themselves or their baillies or deputes within the Bailliary of the regallity of Prestoune and Bimokle and Declaires the Same extract void and null as if it hade never been given nor pronunced And have Reponed and hereby Repones the said Countes of Southerland to the exercise of the office of Baillie in the said regallity And that in the termes of the Lords of Councill and Session their decreet wherby they Find that the said Countes of Southerland has right to the Jurisdictione of the Regallity within the bounds of the propertie of the Lands lifrented by her Which decreet of Session is dated the twentie sixth day of January Last by past And have Dicharged3 and hereby Discharges the said James Whyt or any other persone whatsoever to exerce the said office Contrary to, or Interupt the forsaid Countes or her baillies in exerceing of the same in the termes of the4 forsaid decreet of the Lords of Session in time comeing dureing all the dayes years and Space of the said Countes of Southerland her life time.

1. NRS, PC2/27, 344v-345v.

2. The clause ‘Compearing by Mr David Dalrymple and Mr William Calderwood his advocats And the defenders in the principall lybell who are persuers in the reconvention’ is an insertion.

3. Sic.

4. The words ‘of the’ are an insertion.

1. NRS, PC2/27, 344v-345v.

2. The clause ‘Compearing by Mr David Dalrymple and Mr William Calderwood his advocats And the defenders in the principall lybell who are persuers in the reconvention’ is an insertion.

3. Sic.

4. The words ‘of the’ are an insertion.

Sederunt, 27 June 1700, Edinburgh

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Att Edinburgh The Twentie Seventh day of June Jaj viic years1

D1700/6/92

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Melvill P:C:; Earl of Crafurd; Earl of Erroll; Earl of Marr; Earl of Morton; Earl of Eglingtoune; Earl of Finlator; Earl of Leven; Earl of Forfar; Earl of Kintoir; Lord Strathnaver; Lord Carmichaell S:; Lord Forbes; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Phesdoe; Mr Fra: Montgomry; Lord Provest of Edinburgh

Att Edinburgh The Twentie Seventh day of June Jaj viic years1

D1700/6/92

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Melvill P:C:; Earl of Crafurd; Earl of Erroll; Earl of Marr; Earl of Morton; Earl of Eglingtoune; Earl of Finlator; Earl of Leven; Earl of Forfar; Earl of Kintoir; Lord Strathnaver; Lord Carmichaell S:; Lord Forbes; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Phesdoe; Mr Fra: Montgomry; Lord Provest of Edinburgh

1. NRS, PC2/27, 343v.

2. NRS, PC2/27, 344v.

1. NRS, PC2/27, 343v.

2. NRS, PC2/27, 344v.

Act, 25 June 1700, Edinburgh

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Att Edinburgh The The Twentie fyfth of June Jaj viic years

D1700/6/81

Act

Act Mary Montgomry relict of James Drumond Minister for a Steipend

Anenet the petitione given in to his Majesties high Commissioner and Lords of his majesties privy Councill be Mary Montgomry relict of the deceast James Drummond Minister of the Gospell at Killconquhar Shewing That wher the petiitoners hubsand was Minister of the said paroch and dyed on Michellmass Last betwixt thrie and four of the Cloak in the Morning and before twelve of the Cloak the said day, Wherupon a scrouple arysses Whither the said Michellmass terme be to be reckoned to him for his incumbency or to the petitioner and his Cheldrein for their Ann And Seing that it were a great hardship that the petitioner and her fatherless Cheldrein Should be deprived of the said Ann for the lak of Seven or eight houres, and that he truly Served for the said Michellmass terme Though it pleased god to remove him before twelve of the Cloak that day, And that in favorabilibus dies captus pro Completo habetur, And Lastly that the Saids Lords are in possession of disposeing the said stipend as appeared by the saids Lords former act of the fourth of February Jaj vic Nyntie two years granted to the petitioners said husband the Whitsunday terme the said year, Notwithstanding he was not admitted till June theafter as the said act therwith produced bears And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned as the said petitione bears His Majesties high Commissioner and the Lords of his Majesties privy Councill Haveing Considered the above petition given in to them be the above Mary Montgomry relict of the deceast Mr James Drummond Minister of the Gospell at Killconquhar They Doe hereby Decerne and Declair the Stipend of the above kirk of Killconquhar For the Michellmass terme Last by past to be due for the above Mr James Drummond his above Incumbencie and the nixt terme of Whitsunday now also Last by past to be due to the relict and Cheldrein for their Ann And Decernes and Ordaines the heritors Lifrenters fewars Wodsetters Titullars Tacksmen of Teynds Tennants possessars and others Lyable in payment To make payment to the above Mary Montgomry the petitioner of the said Stipend for the saids two termes of Michellmass Jaj vic nyntie nyne, And Whitsunday One Thousand seven hundred years both last by past And Ordaines Letters of Horning under the Signet of privy2 Councills on fiftein dayes and others needfull to be direct hereon at the petitioners instance against the saids heritors and others Lyable in payment of the said Stipend for the saids two termes of Michellmass Jaj vic nyntie nyne and Whitsunday Jaj vic years Upon productione of a decreet of Locallity And in case there be non Ordaines the said heritors and others forsaids Lyable in payment of the said stipend for the saids too termes To make payment to the said petitioner of their respective proportiones therof, according as they shall be decerned by the Judge ordinary.

Att Edinburgh The The Twentie fyfth of June Jaj viic years

D1700/6/81

Act

Act Mary Montgomry relict of James Drumond Minister for a Steipend

Anenet the petitione given in to his Majesties high Commissioner and Lords of his majesties privy Councill be Mary Montgomry relict of the deceast James Drummond Minister of the Gospell at Killconquhar Shewing That wher the petiitoners hubsand was Minister of the said paroch and dyed on Michellmass Last betwixt thrie and four of the Cloak in the Morning and before twelve of the Cloak the said day, Wherupon a scrouple arysses Whither the said Michellmass terme be to be reckoned to him for his incumbency or to the petitioner and his Cheldrein for their Ann And Seing that it were a great hardship that the petitioner and her fatherless Cheldrein Should be deprived of the said Ann for the lak of Seven or eight houres, and that he truly Served for the said Michellmass terme Though it pleased god to remove him before twelve of the Cloak that day, And that in favorabilibus dies captus pro Completo habetur, And Lastly that the Saids Lords are in possession of disposeing the said stipend as appeared by the saids Lords former act of the fourth of February Jaj vic Nyntie two years granted to the petitioners said husband the Whitsunday terme the said year, Notwithstanding he was not admitted till June theafter as the said act therwith produced bears And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned as the said petitione bears His Majesties high Commissioner and the Lords of his Majesties privy Councill Haveing Considered the above petition given in to them be the above Mary Montgomry relict of the deceast Mr James Drummond Minister of the Gospell at Killconquhar They Doe hereby Decerne and Declair the Stipend of the above kirk of Killconquhar For the Michellmass terme Last by past to be due for the above Mr James Drummond his above Incumbencie and the nixt terme of Whitsunday now also Last by past to be due to the relict and Cheldrein for their Ann And Decernes and Ordaines the heritors Lifrenters fewars Wodsetters Titullars Tacksmen of Teynds Tennants possessars and others Lyable in payment To make payment to the above Mary Montgomry the petitioner of the said Stipend for the saids two termes of Michellmass Jaj vic nyntie nyne, And Whitsunday One Thousand seven hundred years both last by past And Ordaines Letters of Horning under the Signet of privy2 Councills on fiftein dayes and others needfull to be direct hereon at the petitioners instance against the saids heritors and others Lyable in payment of the said Stipend for the saids two termes of Michellmass Jaj vic nyntie nyne and Whitsunday Jaj vic years Upon productione of a decreet of Locallity And in case there be non Ordaines the said heritors and others forsaids Lyable in payment of the said stipend for the saids too termes To make payment to the said petitioner of their respective proportiones therof, according as they shall be decerned by the Judge ordinary.

1. NRS, PC2/27, 343v-344v.

2. Insertion.

1. NRS, PC2/27, 343v-344v.

2. Insertion.

Sederunt, 25 June 1700, Edinburgh

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Att Edinburgh The The1 Twentie fyfth of June Jaj viic years2

D1700/6/72

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Melvill P:C:; Earl of Crafurd; Earl of Erroll; Earl of Marr; Earl of Mortone; Earl of Eglingtone; Earl of Lauderdale; Earl of Lowdone; Earl of Finlator; Earl of Leven; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Strathnaver; Lord Carmichaell; Lord Forbes; Lord Advocat; Lord Thesaurer Deput; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Mr Fra: Montgomry; Lord Provest of Edinburgh

Att Edinburgh The The1 Twentie fyfth of June Jaj viic years2

D1700/6/73

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Melvill P:C:; Earl of Crafurd; Earl of Erroll; Earl of Marr; Earl of Mortone; Earl of Eglingtone; Earl of Lauderdale; Earl of Lowdone; Earl of Finlator; Earl of Leven; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Strathnaver; Lord Carmichaell; Lord Forbes; Lord Advocat; Lord Thesaurer Deput; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Mr Fra: Montgomry; Lord Provest of Edinburgh

1. Sic.

2. NRS, PC2/27, 343v.

3. NRS, PC2/27, 343v.

1. Sic.

2. NRS, PC2/27, 343v.

3. NRS, PC2/27, 343v.