Author Archives: Philip Ward

Act, 14 November 1699, Edinburgh

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D1699/11/61

Act

Act for Liberating of Mr Robert Whyt

Anent the petition given in to the Lords of his majesties privy Councill be Mr Robert White of Bannochie Shewing That wher the petitioner was Imprisoned in the Tolbooth of Edinburgh by a warrand from the saids Lords for some Rash and undecent expressions cited by the petitioner in a paper read before the saids Lords The petitioner does with all profound Submission acquiesce in the punishment inflicted, and most humbly acknowledge the saids Lords Lenitie therin and the petitioner does Sinceirly profess the petitioners deep sense of the guilt, In that the petitioner hade done any thing which might in the Least have provocked the saids Lords to displeasure For which the petitioner begs the saids Lords pardon, And doe most Sinceirly Declair the petitioners uttur abhorence and detestation at any thing that might give offence to any of the saids Lords and particularly my Lord Rankeillor, And the petitioner Shall bend his Outtmost endeavours to testifie his Sinceir repentance by his future practice And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned as the petitione bears The Lords of his Majesties privy Councill haveing Considered this petition given in to them be the above Mr Robert Whyte They hereby Give order and warrant to the Magistrats of Edinburgh and keepers of their Tolbooth upon Sight hereof to sett the said petition at Liberty furth therof which this shall be to all concerned ane Sufficient warrant.

Att Edinburgh the fourtein day of November Jaj vic nyntie nyne

D1699/11/61

Act

Act for Liberating of Mr Robert Whyt

Anent the petition given in to the Lords of his majesties privy Councill be Mr Robert White of Bannochie Shewing That wher the petitioner was Imprisoned in the Tolbooth of Edinburgh by a warrand from the saids Lords for some Rash and undecent expressions cited by the petitioner in a paper read before the saids Lords The petitioner does with all profound Submission acquiesce in the punishment inflicted, and most humbly acknowledge the saids Lords Lenitie therin and the petitioner does Sinceirly profess the petitioners deep sense of the guilt, In that the petitioner hade done any thing which might in the Least have provocked the saids Lords to displeasure For which the petitioner begs the saids Lords pardon, And doe most Sinceirly Declair the petitioners uttur abhorence and detestation at any thing that might give offence to any of the saids Lords and particularly my Lord Rankeillor, And the petitioner Shall bend his Outtmost endeavours to testifie his Sinceir repentance by his future practice And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned as the petitione bears The Lords of his Majesties privy Councill haveing Considered this petition given in to them be the above Mr Robert Whyte They hereby Give order and warrant to the Magistrats of Edinburgh and keepers of their Tolbooth upon Sight hereof to sett the said petition at Liberty furth therof which this shall be to all concerned ane Sufficient warrant.

1. NRS, PC2/27, 253r-253v.

1. NRS, PC2/27, 253r-253v.

Sederunt, 14 November 1699, Edinburgh

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Att Edinburgh the fourtein day of November Jaj vic nyntie nyne1

D1699/11/52

Sederunt

Lord Chancelor; Earl of Melvill: P:C:; Earl of Crafurd; Earl of Lothian; Earl of Lowdone; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Forbes; Lord Ruthven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Lord Rankellor; Mr Fra: Montgomry; Lord Provest of Edinburgh

Att Edinburgh the fourtein day of November Jaj vic nyntie nyne1

D1699/11/52

Sederunt

Lord Chancelor; Earl of Melvill: P:C:; Earl of Crafurd; Earl of Lothian; Earl of Lowdone; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Forbes; Lord Ruthven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Lord Rankellor; Mr Fra: Montgomry; Lord Provest of Edinburgh

1. NRS, PC2/27, 253r.

2. NRS, PC2/27, 253r.

1. NRS, PC2/27, 253r.

2. NRS, PC2/27, 253r.

Warrant, 9 November 1699, Edinburgh

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Att Edinburgh the Nynth day of November Jaj vic Nyntie Nyne years

D1699/11/41

Warrant

Warrant To James Sinclar anent his horsies etc

The Lords of his Majesties privy Councill Doe hereby Ordaine the goods arreisted upon the decreet of the Commissioners of the northern district in the hands of John Southerland merchant in Elgine Viz thrie horsses and all other goods belonging to James 2 Sinclar brother to the Laird of Dumbeath in the said John Southerland his hands to be delyvered up to the said James Sinclar The sd James Sinclar allwayes before extracting hereof finding Sufficient Caution acted in the books of privy Councill, That he shall make furthcomeing the saids horsses and goods for payment of the Soumes forsaids and others for which they are arrested by the saids Commissioners their decreet in case it shall be found by the Lords of his Majesties privy Councill that he ought so to doe.

Att Edinburgh the Nynth day of November Jaj vic Nyntie Nyne years

D1699/11/41

Warrant

Warrant To James Sinclar anent his horsies etc

The Lords of his Majesties privy Councill Doe hereby Ordaine the goods arreisted upon the decreet of the Commissioners of the northern district in the hands of John Southerland merchant in Elgine Viz thrie horsses and all other goods belonging to James 2 Sinclar brother to the Laird of Dumbeath in the said John Southerland his hands to be delyvered up to the said James Sinclar The sd James Sinclar allwayes before extracting hereof finding Sufficient Caution acted in the books of privy Councill, That he shall make furthcomeing the saids horsses and goods for payment of the Soumes forsaids and others for which they are arrested by the saids Commissioners their decreet in case it shall be found by the Lords of his Majesties privy Councill that he ought so to doe.

1. NRS, PC2/27, 252v-253r.

2. An illegible word scored out here.

1. NRS, PC2/27, 252v-253r.

2. An illegible word scored out here.

Act, 9 November 1699, Edinburgh

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Att Edinburgh the Nynth day of November Jaj vic Nyntie Nyne years

D1699/11/31

Act

Act George Mossman Stationer Anent the Printing of the works of Mr George Buchanan

The Lords of his Majesties privy Councill Doe hereby Grant full priviledge power and warrand to George Mossman Stationer in Edinburgh his heirs or assigneyes To print vend and sell all the werks of the Learned Mr George Buchanan in ane volume in folio or by parts in Lesser volumes, and discharges all others to print Import vend or sell the whole or any part of the said Mr George Buchanan his works in any volume or Character for the space of Nyntein years from and after the day and date hereof Excepting what are allready printed and Imported preseiding the date of thir presents with Certification to the Contraveeners, The Copies shall be seazed upon and Confiscat to the use of the said George Mossman and his forsaids, attour that the persones forsaids shall be Lyable to them in the payment of Fyve hundred merks scots of fine toties quoties besides the forsaid Confiscation, and by and attour the samen.

Att Edinburgh the Nynth day of November Jaj vic Nyntie Nyne years

D1699/11/31

Act

Act George Mossman Stationer Anent the Printing of the works of Mr George Buchanan

The Lords of his Majesties privy Councill Doe hereby Grant full priviledge power and warrand to George Mossman Stationer in Edinburgh his heirs or assigneyes To print vend and sell all the werks of the Learned Mr George Buchanan in ane volume in folio or by parts in Lesser volumes, and discharges all others to print Import vend or sell the whole or any part of the said Mr George Buchanan his works in any volume or Character for the space of Nyntein years from and after the day and date hereof Excepting what are allready printed and Imported preseiding the date of thir presents with Certification to the Contraveeners, The Copies shall be seazed upon and Confiscat to the use of the said George Mossman and his forsaids, attour that the persones forsaids shall be Lyable to them in the payment of Fyve hundred merks scots of fine toties quoties besides the forsaid Confiscation, and by and attour the samen.

1. NRS, PC2/27, 250r-252v.

1. NRS, PC2/27, 250r-252v.

Decreet, 9 November 1699, Edinburgh

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Att Edinburgh the Nynth day of November Jaj vic Nyntie Nyne years

D1699/11/21

Decreet

Denunciation Clepan and others against Halyburton and others

Anent the lybell or Letters of Complaint raised before the Lords of his Majesties privy Councill be Mr George Clepan minister at the kirk of Newtylle Mr James Marr minister at Murrayes in Angus and Mr James Robertson Minister at Glenmuick in Aberdeen Shyre with Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwrittin Making Mention That wher by the Lawes and acts of parliament all men ought to keep the publict peace and all wrong and violence is strictly prohibit and particularly Ministers of the Gospell whose functions and persones are seized, are under the more speciall protectione of the saids Lawes and all injuries and violence Committed against them are thereby more heavily aggravated Nevertheless It is of verity that the said Mr George Clepeine haveing been Lawfullie and orderly ordained ministers at the said kirk of Newtyle is not only to this day denyed the possession of his Manse, and the said Manse and the possessione therof violently detained from him by Mr Alexander Mckenzie once incumbent at the said kirk bot deprived from being Ministers their by Sentence of the Lords of his Majesties privy Councill for his disaffectione to his Majesties governments And that albeit by the said Sentence he was ordained to remove from the Same Bot also the said Mr George Clepan purswer was refused any house or shelter within the said paroch and that principally by the procurement of Dame […] Halyburtonne now Spouse to Mr Rory McKenzie of Prestonhall and Mr George Halyburtone late Bishop of Aberdein who unwarantably preaches at the Halltoine of Newtyle within the said paroch and furder when the said Mr George Clepan had lately reapt the corne of his Gleib and hade caused stack the same in the yeard belonging to the Manse, yet upon the Nynteinth or ane or other of the dayes of September last the persones following Viz Issobell Smith Margrat Beg and Jean Syme all servants to the said Dame […] Halyburtone with Margaret Ratray spouse to John Chrystie Shooll master in Newtyle Christian Luke his servant, Margaret Martine spouse to James Fener Church officer ther Euphan Kyle spouse to David Smith brewer ther Jean Allardyce spouse to Alexander Moncurr taylot ther Issobell Foord Spouse to George Kinnaird Couper ther and Cicill Kinnaird his sister, Did come most maliciously to the said yeard and throw down the said Coirnes, and threw them over the manse dykes, casting them furth in a destroying maner wherby they were Laid in broad bond and defacto the nixt night were greatly spoilled by a heavy rain that then fell all which was done by the causeing sending hunding out or ratihabition of the said Dame […] Halyburton who maliciously Saw the Same done without offering to restraine so much as her oun servants Which malice of the said Dame […] Halyburtone is so much the more malicious that it is a farder Cryme added by her to the Ryot of which she is accessory against the said Mr James Marr upon the fyftein day of May Jaj vic nyntie Eight years And for which She Stands also accused with the said Mr Rorie Mckenzie her husband for his intrest before the Lords of his majesties privy Councill In so farr as the said Mr James Marr haveing been sent by the presbytrie to preach in the said kirk of Newtyle then vaccant he found the Church doors Shutt and a multitude of men and women gaurding the same with the haill Church yeard dykes round about, so that when the said Mr James offered to enter he was by them violently opposed especially by Duncan Mckenzie Alexander Mccleod James Brown and Patrick Gordon on all servants to the said Prestonhall and the other persones mentioned in the said lybell against whom also for her Contumacie and not Compearing Certificatione was granted, and which ryot was of the Causeing hounding out or Ratihabitione of the said Dame […] Halyburtone and her spouse for her intrest who were at the time in the kirk hearing one Mr William Ratray a deprived Minister for his dissatisfactione to the Government Likeas the said Dame […] Halyburtone did at that time send order to all the tennents about the said kirk not2 to suffer the Minister Sent by the presbytrie to enter the kirk nor to give him, so much as a drink of watter which was accordingly done, and furder when Mr James Robertsone was again sent by the presbytrie to preach the nixt Sabbath at the said kirk of Newtyle, The said Mr James did againe find the kirk and kirk yeard Shutt barracaded and guarded albeit mostly by the persones abovenamed and by the instigatione abovementioned, Wherby the said Mr James was was3 repulsed as the said lybell formerly insisted in upon the twenty Eight of June Jaj vic nyntie Eight years, and then continued as to Prestonhall his Lady and Servant more fully bears Likeas to foment and increase the nottour dissatisfaction of the said place and paroch the said Mr George Halyburtone late Bishop of Aberdeen, albeit not qualified according to Law presumes to preach at the said Haltoune of Newtyle and hath Likewayes taken upon him to ordaine Ministers such as Mr George Anderson some time Chaplaine to the Earle of Forfarr about a year agoe all Contrary to the express acts of parliament By all which its evident That the forsaid Dame […] Halyburton, Mr George Halyburtone, Mr Alexander Mckenzie and the haill other persones abovenamed are guilty airt and part of the Crymes and disorders above Lybelled or ane or other of them, which being duely proven The said Dame […] Halyburtone and her said husband for his intrest as also the forsaid other persones above mentioned ought to be punished by sentance of the Lords of his Majesties privy Councill in their persones and goods to the example and terror of others to committ the like in time comeing; And Anent the Charge given to the haill fornamed persones defenders To have Compeared personally before the saids Lords at ane Certaine day now bygone To answer to the points of the forsaid Complaint and to hear and See such order and Course taken theranent as they shall find Just As in the forsaid Lybell or Letters and executiones therof at more Length is contained, Which Lybell being this day called in presence of the saids Lords of his majesties privy Councill and the said Mr George Clepane one of the pursuers Compearing personally And the rest of the pursuers being oft times called and not Compearing, And Sir James Stewart his Majesties advocat Compearing as advocat for the haill pursuers, And the haill defenders named in the lybell except the Lady Prestonhall and Alexander Mccleod servitor to Mr Rorie Mckenzie of Prestonhall being all Lawfullie cited oft times called and not Compearing, Mr Alexander Mccleod advocat produced a declaratione subscrybed by Mr David Fortheringhame doctor of medicine at Dundie wherby he declares upon his soul and Conscience that the said Dame Margrat Halyburtone Lady Prestonhall by reasone of her indispositione of body cannot travell to Edinburgh without danger of her life The saids Lords of his majesties privy Councill Haveing Considered the above Lybell with the declaratione of the Lady Prestonhalls indispositione They hereby Sustaine the forsaid declaratione as a sufficient excuse for the Ladies absence And In respect that the haill defenders contained in the lybell are all absent except the said Alexander Mccleod, Therfore the saids Lords Grants Certificatione against the haill defenders Contained in the lybell for their absence and not Compearance (Except the Lady Prestonhall and Alexander Mccleod) and ordaines Letters of Denunciatione to be direct to macers or messengers at armes to pass to the marcat Cross of […] and other places needfull, and ther in his Majesties name and authoritie duely Lawfullie and orderly denounce the haill abovenamed defenders Contained in the above Lybell (Except the said Lady Prestonhall and Alexander Mccleod) and to ordaine all their moveable goods and geir to be Escheat and inbrought to his Majesties use for their contempt and disobedience And the saids Lords Gives order and warrand to the Sherriff principall of the Shire of Forfarr within which the paroch of Newtyle Lyes or his deputes to take care to see the above Mr George Clepane Minister at Newtyle entered and keept in the peaceable possessione of the Manse of Newtyle with the Gleib and kirk of the said paroch.

Att Edinburgh the Nynth day of November Jaj vic Nyntie Nyne years

D1699/11/21

Decreet

Denunciation Clepan and others against Halyburton and others

Anent the lybell or Letters of Complaint raised before the Lords of his Majesties privy Councill be Mr George Clepan minister at the kirk of Newtylle Mr James Marr minister at Murrayes in Angus and Mr James Robertson Minister at Glenmuick in Aberdeen Shyre with Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwrittin Making Mention That wher by the Lawes and acts of parliament all men ought to keep the publict peace and all wrong and violence is strictly prohibit and particularly Ministers of the Gospell whose functions and persones are seized, are under the more speciall protectione of the saids Lawes and all injuries and violence Committed against them are thereby more heavily aggravated Nevertheless It is of verity that the said Mr George Clepeine haveing been Lawfullie and orderly ordained ministers at the said kirk of Newtyle is not only to this day denyed the possession of his Manse, and the said Manse and the possessione therof violently detained from him by Mr Alexander Mckenzie once incumbent at the said kirk bot deprived from being Ministers their by Sentence of the Lords of his Majesties privy Councill for his disaffectione to his Majesties governments And that albeit by the said Sentence he was ordained to remove from the Same Bot also the said Mr George Clepan purswer was refused any house or shelter within the said paroch and that principally by the procurement of Dame […] Halyburtonne now Spouse to Mr Rory McKenzie of Prestonhall and Mr George Halyburtone late Bishop of Aberdein who unwarantably preaches at the Halltoine of Newtyle within the said paroch and furder when the said Mr George Clepan had lately reapt the corne of his Gleib and hade caused stack the same in the yeard belonging to the Manse, yet upon the Nynteinth or ane or other of the dayes of September last the persones following Viz Issobell Smith Margrat Beg and Jean Syme all servants to the said Dame […] Halyburtone with Margaret Ratray spouse to John Chrystie Shooll master in Newtyle Christian Luke his servant, Margaret Martine spouse to James Fener Church officer ther Euphan Kyle spouse to David Smith brewer ther Jean Allardyce spouse to Alexander Moncurr taylot ther Issobell Foord Spouse to George Kinnaird Couper ther and Cicill Kinnaird his sister, Did come most maliciously to the said yeard and throw down the said Coirnes, and threw them over the manse dykes, casting them furth in a destroying maner wherby they were Laid in broad bond and defacto the nixt night were greatly spoilled by a heavy rain that then fell all which was done by the causeing sending hunding out or ratihabition of the said Dame […] Halyburton who maliciously Saw the Same done without offering to restraine so much as her oun servants Which malice of the said Dame […] Halyburtone is so much the more malicious that it is a farder Cryme added by her to the Ryot of which she is accessory against the said Mr James Marr upon the fyftein day of May Jaj vic nyntie Eight years And for which She Stands also accused with the said Mr Rorie Mckenzie her husband for his intrest before the Lords of his majesties privy Councill In so farr as the said Mr James Marr haveing been sent by the presbytrie to preach in the said kirk of Newtyle then vaccant he found the Church doors Shutt and a multitude of men and women gaurding the same with the haill Church yeard dykes round about, so that when the said Mr James offered to enter he was by them violently opposed especially by Duncan Mckenzie Alexander Mccleod James Brown and Patrick Gordon on all servants to the said Prestonhall and the other persones mentioned in the said lybell against whom also for her Contumacie and not Compearing Certificatione was granted, and which ryot was of the Causeing hounding out or Ratihabitione of the said Dame […] Halyburtone and her spouse for her intrest who were at the time in the kirk hearing one Mr William Ratray a deprived Minister for his dissatisfactione to the Government Likeas the said Dame […] Halyburtone did at that time send order to all the tennents about the said kirk not2 to suffer the Minister Sent by the presbytrie to enter the kirk nor to give him, so much as a drink of watter which was accordingly done, and furder when Mr James Robertsone was again sent by the presbytrie to preach the nixt Sabbath at the said kirk of Newtyle, The said Mr James did againe find the kirk and kirk yeard Shutt barracaded and guarded albeit mostly by the persones abovenamed and by the instigatione abovementioned, Wherby the said Mr James was was3 repulsed as the said lybell formerly insisted in upon the twenty Eight of June Jaj vic nyntie Eight years, and then continued as to Prestonhall his Lady and Servant more fully bears Likeas to foment and increase the nottour dissatisfaction of the said place and paroch the said Mr George Halyburtone late Bishop of Aberdeen, albeit not qualified according to Law presumes to preach at the said Haltoune of Newtyle and hath Likewayes taken upon him to ordaine Ministers such as Mr George Anderson some time Chaplaine to the Earle of Forfarr about a year agoe all Contrary to the express acts of parliament By all which its evident That the forsaid Dame […] Halyburton, Mr George Halyburtone, Mr Alexander Mckenzie and the haill other persones abovenamed are guilty airt and part of the Crymes and disorders above Lybelled or ane or other of them, which being duely proven The said Dame […] Halyburtone and her said husband for his intrest as also the forsaid other persones above mentioned ought to be punished by sentance of the Lords of his Majesties privy Councill in their persones and goods to the example and terror of others to committ the like in time comeing; And Anent the Charge given to the haill fornamed persones defenders To have Compeared personally before the saids Lords at ane Certaine day now bygone To answer to the points of the forsaid Complaint and to hear and See such order and Course taken theranent as they shall find Just As in the forsaid Lybell or Letters and executiones therof at more Length is contained, Which Lybell being this day called in presence of the saids Lords of his majesties privy Councill and the said Mr George Clepane one of the pursuers Compearing personally And the rest of the pursuers being oft times called and not Compearing, And Sir James Stewart his Majesties advocat Compearing as advocat for the haill pursuers, And the haill defenders named in the lybell except the Lady Prestonhall and Alexander Mccleod servitor to Mr Rorie Mckenzie of Prestonhall being all Lawfullie cited oft times called and not Compearing, Mr Alexander Mccleod advocat produced a declaratione subscrybed by Mr David Fortheringhame doctor of medicine at Dundie wherby he declares upon his soul and Conscience that the said Dame Margrat Halyburtone Lady Prestonhall by reasone of her indispositione of body cannot travell to Edinburgh without danger of her life The saids Lords of his majesties privy Councill Haveing Considered the above Lybell with the declaratione of the Lady Prestonhalls indispositione They hereby Sustaine the forsaid declaratione as a sufficient excuse for the Ladies absence And In respect that the haill defenders contained in the lybell are all absent except the said Alexander Mccleod, Therfore the saids Lords Grants Certificatione against the haill defenders Contained in the lybell for their absence and not Compearance (Except the Lady Prestonhall and Alexander Mccleod) and ordaines Letters of Denunciatione to be direct to macers or messengers at armes to pass to the marcat Cross of […] and other places needfull, and ther in his Majesties name and authoritie duely Lawfullie and orderly denounce the haill abovenamed defenders Contained in the above Lybell (Except the said Lady Prestonhall and Alexander Mccleod) and to ordaine all their moveable goods and geir to be Escheat and inbrought to his Majesties use for their contempt and disobedience And the saids Lords Gives order and warrand to the Sherriff principall of the Shire of Forfarr within which the paroch of Newtyle Lyes or his deputes to take care to see the above Mr George Clepane Minister at Newtyle entered and keept in the peaceable possessione of the Manse of Newtyle with the Gleib and kirk of the said paroch.

1. NRS, PC2/27, 250r-252v.

2. Insertion.

3. Sic.

1. NRS, PC2/27, 250r-252v.

2. Insertion.

3. Sic.

Sederunt, 9 November 1699, Edinburgh

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Att Edinburgh the Nynth day of November Jaj vic Nyntie Nyne years1

D1699/11/12

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Earl of Buchan; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Forbes; Lord Ruthven; Lord Boyle; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberurchill; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Lord Rankeillor; Lord Phesdoe; Mr Fra: Montgomry; Lord Provest of Edinburgh

Att Edinburgh the Nynth day of November Jaj vic Nyntie Nyne years1

D1699/11/12

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Earl of Buchan; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Forbes; Lord Ruthven; Lord Boyle; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberurchill; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Lord Rankeillor; Lord Phesdoe; Mr Fra: Montgomry; Lord Provest of Edinburgh

1. NRS, PC2/27, 249v.

2. NRS, PC2/27, 249v.

1. NRS, PC2/27, 249v.

2. NRS, PC2/27, 249v.

Act, 15 September 1699, Edinburgh

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Att Edinburgh the Fiftein day of September Jaj vic Nyntie Nyne years

D1699/9/81

Act

Act […] Cant relict of Mr James Whyt Minister for a Stipend

Anent the petition given in to the Lords of his Majesties privy Councill be […] Cant relict of Mr […] Whyte late minister at Strichen Shewing That wher the petitioners said husband served the cure of the said Church untill his death which happned the Eight day of May last wherby all that fell to the petitioner his relict as the Ann wes the Whitsundayes terme For which he hade in effect served, so that albeit the letter of the Law it be the Ann as the nixt terme after his decease yet it followed so Immediately that it does not really answer the favor of the said Ann by Law intended for ministers relicts and Childrein, and since the petitioner is left a destitute widow with Childrein and that the Kirk is still vaccant And that the petitioner has the Consent of the patron therwith produced for the nixt Micheallmiss or Martinmass terme of the said Stipend which hade the petitioners husband Lived bot eight dayes Longer hade fallen to the petitioner of right as her Arm And Therfore humbly Suplicating the saids Lords to the effect aftermentioned as the petitione bears The Lords of his Majesties privy Councill Haveing Considered this petitione given in to them be the above […] Cant relict of Mr Whyte late minister at Streichen with the patrons Consent mentioned therin and produced therwith, They hereby Declare the vaccant Stipend of the said kirk of Strichen from Whitsunday Last to Mertinmass nixt both in this instant year Jaj vic nyntie nyne To performe and belong to the said petitioner And Decernes and Ordaines the said petitioner to be readily answered obeyed and payed of the said half years Stipend of the Said kirk of Strichen by the heritors fewars wodsetters lifrentars titulars taxsmen of Teynds tennents possessors and others lyable in payment of the Same And Ordaines Letters of horning on fiftein dayes under the Signet of Councill to bee direct at the petitioners instance against the heritors fewars wodsetters and others Lyable in payment of the said stipend To make payment therof to the petitoner upon productione of a decreet of a Locality And in case ther be non Ordaines the heritors and forsaids to make payment of their respective proportiones of the said half years Stipend According as they shall be decerned by the Judge ordinary Reserving allwayes furth of this termes stipend the twenty merks due to the Minister preaching at the said Kirk of Strichen dureing the forsaid terme.

Att Edinburgh the Fiftein day of September Jaj vic Nyntie Nyne years

D1699/9/81

Act

Act […] Cant relict of Mr James Whyt Minister for a Stipend

Anent the petition given in to the Lords of his Majesties privy Councill be […] Cant relict of Mr […] Whyte late minister at Strichen Shewing That wher the petitioners said husband served the cure of the said Church untill his death which happned the Eight day of May last wherby all that fell to the petitioner his relict as the Ann wes the Whitsundayes terme For which he hade in effect served, so that albeit the letter of the Law it be the Ann as the nixt terme after his decease yet it followed so Immediately that it does not really answer the favor of the said Ann by Law intended for ministers relicts and Childrein, and since the petitioner is left a destitute widow with Childrein and that the Kirk is still vaccant And that the petitioner has the Consent of the patron therwith produced for the nixt Micheallmiss or Martinmass terme of the said Stipend which hade the petitioners husband Lived bot eight dayes Longer hade fallen to the petitioner of right as her Arm And Therfore humbly Suplicating the saids Lords to the effect aftermentioned as the petitione bears The Lords of his Majesties privy Councill Haveing Considered this petitione given in to them be the above […] Cant relict of Mr Whyte late minister at Streichen with the patrons Consent mentioned therin and produced therwith, They hereby Declare the vaccant Stipend of the said kirk of Strichen from Whitsunday Last to Mertinmass nixt both in this instant year Jaj vic nyntie nyne To performe and belong to the said petitioner And Decernes and Ordaines the said petitioner to be readily answered obeyed and payed of the said half years Stipend of the Said kirk of Strichen by the heritors fewars wodsetters lifrentars titulars taxsmen of Teynds tennents possessors and others lyable in payment of the Same And Ordaines Letters of horning on fiftein dayes under the Signet of Councill to bee direct at the petitioners instance against the heritors fewars wodsetters and others Lyable in payment of the said stipend To make payment therof to the petitoner upon productione of a decreet of a Locality And in case ther be non Ordaines the heritors and forsaids to make payment of their respective proportiones of the said half years Stipend According as they shall be decerned by the Judge ordinary Reserving allwayes furth of this termes stipend the twenty merks due to the Minister preaching at the said Kirk of Strichen dureing the forsaid terme.

1. NRS, PC2/27, 249r-249v.

1. NRS, PC2/27, 249r-249v.

Act, 15 September 1699, Edinburgh

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Att Edinburgh the Fiftein day of September Jaj vic Nyntie Nyne years

D1699/9/71

Act

Act John Vallange Stationer for Printing some Decisions of the Lords of Session

Anent the petition given in to the Lords of his Majesties privy Councill be John Vallange bookseller in Edinburgh Shewing That the petitioner had caused fitt and prepair for the press according to the most authentick and Originall Copies the books following To witt The decisiones of the Lords of Councill and Session from the year Jaj vic sixtie one to the year Jaj vic sixtie six Collected by Sir John Gilmore of Craigmillar deceased president of the Colledge of Justice, as also the densiones of the saids Lords from the year Jaj vic Eightie one to the year Jaj vic Eightie six Collected by Sir David Falconar of Newtoune Sometime president of Session, and Likewayes hopes minor practiques Corrected and amended in sundrie parts according to the acts of parliament and decisiones past since the first publishing of that Treatise with usefull notes and observationes dispersed throw the whole work, And in like maner ane abridgment in English of the treaties concerning fewes wryten in Latine by the Learned Lawier Mr Thomas Craig of Riccartoune Corrected and with Notes etc For incouradging and promotting the Impression of which books, and because the petitioner will be at great charges therin And Therfore Humbly Suplicating the saids Lords to the effect aftermentioned as the said petition bears The Lords of his Majesties privy Councill haveing Considered this petition given in to them be the above John Vallange They doe hereby Grant full power and sole priviledge to the said John Vallange petitioner his heirs and assigneyes dureing the space of Nyntein years yet to run to print and sell the books abovenamed in this petitione in such volume and in so many tombs as shall be convenient and prohibits and Discharges all printers booksellers Merchants or others whatsoever dureing the space forsaid to Imprint from abroad or print sell or retaill within this kingdome any other Impression of all or any one of the books abovenamed then what shall be printed by the said John Vallange or his forsaids with Certificatione that not only these Impressiones and Copies shall be seased upon by any Magistrat without process of Law and that they shall be Confiscat to the petitioner and his forsaid ther use and behoove Bot also that the Importers printers and sellers of these Copies not printed by the said petitioner shall each of them be lyable in the Soume of ane hundred merks scots money wherof the one half shall belong to the informer and the other half shall be applyed to the use of the said2 petitioner himself and his afarsaids Or to the poor of the parish wher the saids Impressiones or books shall be seized at the petitioners option.

Att Edinburgh the Fiftein day of September Jaj vic Nyntie Nyne years

D1699/9/71

Act

Act John Vallange Stationer for Printing some Decisions of the Lords of Session

Anent the petition given in to the Lords of his Majesties privy Councill be John Vallange bookseller in Edinburgh Shewing That the petitioner had caused fitt and prepair for the press according to the most authentick and Originall Copies the books following To witt The decisiones of the Lords of Councill and Session from the year Jaj vic sixtie one to the year Jaj vic sixtie six Collected by Sir John Gilmore of Craigmillar deceased president of the Colledge of Justice, as also the densiones of the saids Lords from the year Jaj vic Eightie one to the year Jaj vic Eightie six Collected by Sir David Falconar of Newtoune Sometime president of Session, and Likewayes hopes minor practiques Corrected and amended in sundrie parts according to the acts of parliament and decisiones past since the first publishing of that Treatise with usefull notes and observationes dispersed throw the whole work, And in like maner ane abridgment in English of the treaties concerning fewes wryten in Latine by the Learned Lawier Mr Thomas Craig of Riccartoune Corrected and with Notes etc For incouradging and promotting the Impression of which books, and because the petitioner will be at great charges therin And Therfore Humbly Suplicating the saids Lords to the effect aftermentioned as the said petition bears The Lords of his Majesties privy Councill haveing Considered this petition given in to them be the above John Vallange They doe hereby Grant full power and sole priviledge to the said John Vallange petitioner his heirs and assigneyes dureing the space of Nyntein years yet to run to print and sell the books abovenamed in this petitione in such volume and in so many tombs as shall be convenient and prohibits and Discharges all printers booksellers Merchants or others whatsoever dureing the space forsaid to Imprint from abroad or print sell or retaill within this kingdome any other Impression of all or any one of the books abovenamed then what shall be printed by the said John Vallange or his forsaids with Certificatione that not only these Impressiones and Copies shall be seased upon by any Magistrat without process of Law and that they shall be Confiscat to the petitioner and his forsaid ther use and behoove Bot also that the Importers printers and sellers of these Copies not printed by the said petitioner shall each of them be lyable in the Soume of ane hundred merks scots money wherof the one half shall belong to the informer and the other half shall be applyed to the use of the said2 petitioner himself and his afarsaids Or to the poor of the parish wher the saids Impressiones or books shall be seized at the petitioners option.

1. NRS, PC2/27, 248r-249r.

2. Insertion.

1. NRS, PC2/27, 248r-249r.

2. Insertion.

Sederunt, 15 September 1699, Edinburgh

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Att Edinburgh the Fiftein day of September Jaj vic Nyntie Nyne years1

D1699/9/62

Sederunt

Lord Chancelor; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Lauderdale; Earl of Lowdone; Earl of Annandale; Viscount Seafeild S:; Lord Carmicheall S:; Lord Forbes; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Philiphaugh; Lord Crossrig; Mr Fra; Montgomry; Laird of Blackbarony

Att Edinburgh the Fiftein day of September Jaj vic Nyntie Nyne years1

D1699/9/62

Sederunt

Lord Chancelor; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Lauderdale; Earl of Lowdone; Earl of Annandale; Viscount Seafeild S:; Lord Carmicheall S:; Lord Forbes; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Philiphaugh; Lord Crossrig; Mr Fra; Montgomry; Laird of Blackbarony

1. NRS, PC2/27, 248r.

2. NRS, PC2/27, 248r.

1. NRS, PC2/27, 248r.

2. NRS, PC2/27, 248r.

Act, 14 September 1699, Edinburgh

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Att Edinburgh the Fourteinth day of September Jaj vic Nynty Nyne

D1699/9/51

Act

Act Captain Thomas Hay Merchant

Anent the petition given in to the Lords of his Majesties privy Councill be Thomas Hay Captain in Collonell Buchans regiment Shewing That the petitioner haveing spent a good part of his fortune in his Majesties service at home and abroad, after the disbanding of the Regiment the petitioner did goe for London in order to gett some of the petitioners arreirs due to the petitioner ther; and haveing received a part therof, The petitioner bought their some peices of Cloath therwith which were Shipped for Scotland prior to the proclamation prohibiting the Import of Foraigne Cloaths, as an obedience hereof the petitioner doe produce the merchants notes from whom they were bought on the sixth and nynth dayes of May Jaj vic nyntie nyne As also ane order from Patrick Baptie Skipper to John Spence his mate fore receiveing them on board on the twenty of May Jaj vic nyntie Nyne with Patrick Bapties Letters to the petitioners wife telling her that it was his mates fault when he was himself a shoar that the watter men were sent back with the goods dated at Leith the Threttie of May Jaj vic nyntie nyne Therupon the petitioner Loaded them aboard in James Lawes ship and the petitioner produced the bills of Loadning dated the threteen of June Jaj vic nyntie nyne wheras the proclamatione did not Superveen till the twentie thrid of the said moneth, as this was invincible Ignorance of the petitioner, So that the petitioner was informed that the saids Lords hade found that the Other Cloaths in that Shipp were not Seizure, and therfore have ordained them to bee delyvered to the owners for exportation upon Caution to be found by them for that effect The petitioner was absent at the time of this application and the goods were seazed by the Tacksmen and their Collector at Leith And Therfore humbly Supplicating the said Lords to the effect aftermentioned as the petition bears The saids Lords of his Majesties privy Councill Haveing Considered the above petition They Declare the goods mentioned in the petition to be Lyable to no Seizure, And discharges the Tacksmen Collectors and other officers in the Customehouse under them to seaze upon the same and allowes the petitioner to whom they belong to export or transmitt these goods to any port harbour or place furth of this kingdome In Respect the petitioner before extracting hereof hath Compeared before George Home of Kello present Lord provest of Edinburgh and one of his majesties privy Councill and made Inventar and given his Oath that the goods Imported by him are as followes Viz Fyve pieces of Cloath Containeing ane hundred and two yeards and thrie quarters Cloath, And ane piece of Drugget Containeing threttie Eight yeards In all ane hundred Fourtie yeards and thrie quarters and hath given bond and found Cautione acted in maner forsaid that he shall export the saids goods betwixt and the first day of January one thousand and seven hundred years under the paine of the value of the saids goods belonging to the petitioner And discharges any part of the saids goods to be taken out of the Toune of Leith And Ordaines them to lye in the custome house ther till they be transported furth of the kingdome as said is.

Att Edinburgh the Fourteinth day of September Jaj vic Nynty Nyne

D1699/9/51

Act

Act Captain Thomas Hay Merchant

Anent the petition given in to the Lords of his Majesties privy Councill be Thomas Hay Captain in Collonell Buchans regiment Shewing That the petitioner haveing spent a good part of his fortune in his Majesties service at home and abroad, after the disbanding of the Regiment the petitioner did goe for London in order to gett some of the petitioners arreirs due to the petitioner ther; and haveing received a part therof, The petitioner bought their some peices of Cloath therwith which were Shipped for Scotland prior to the proclamation prohibiting the Import of Foraigne Cloaths, as an obedience hereof the petitioner doe produce the merchants notes from whom they were bought on the sixth and nynth dayes of May Jaj vic nyntie nyne As also ane order from Patrick Baptie Skipper to John Spence his mate fore receiveing them on board on the twenty of May Jaj vic nyntie Nyne with Patrick Bapties Letters to the petitioners wife telling her that it was his mates fault when he was himself a shoar that the watter men were sent back with the goods dated at Leith the Threttie of May Jaj vic nyntie nyne Therupon the petitioner Loaded them aboard in James Lawes ship and the petitioner produced the bills of Loadning dated the threteen of June Jaj vic nyntie nyne wheras the proclamatione did not Superveen till the twentie thrid of the said moneth, as this was invincible Ignorance of the petitioner, So that the petitioner was informed that the saids Lords hade found that the Other Cloaths in that Shipp were not Seizure, and therfore have ordained them to bee delyvered to the owners for exportation upon Caution to be found by them for that effect The petitioner was absent at the time of this application and the goods were seazed by the Tacksmen and their Collector at Leith And Therfore humbly Supplicating the said Lords to the effect aftermentioned as the petition bears The saids Lords of his Majesties privy Councill Haveing Considered the above petition They Declare the goods mentioned in the petition to be Lyable to no Seizure, And discharges the Tacksmen Collectors and other officers in the Customehouse under them to seaze upon the same and allowes the petitioner to whom they belong to export or transmitt these goods to any port harbour or place furth of this kingdome In Respect the petitioner before extracting hereof hath Compeared before George Home of Kello present Lord provest of Edinburgh and one of his majesties privy Councill and made Inventar and given his Oath that the goods Imported by him are as followes Viz Fyve pieces of Cloath Containeing ane hundred and two yeards and thrie quarters Cloath, And ane piece of Drugget Containeing threttie Eight yeards In all ane hundred Fourtie yeards and thrie quarters and hath given bond and found Cautione acted in maner forsaid that he shall export the saids goods betwixt and the first day of January one thousand and seven hundred years under the paine of the value of the saids goods belonging to the petitioner And discharges any part of the saids goods to be taken out of the Toune of Leith And Ordaines them to lye in the custome house ther till they be transported furth of the kingdome as said is.

1. NRS, PC2/27, 247r-248r.

1. NRS, PC2/27, 247r-248r.