Tag Archives: 11 February 1692

Warrant, 11 February 1692, Edinburgh

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Att Edinburgh the Eleventh day of February Jaj vjc nyntie Two years

D1692/2/181

Warrant

Warrand for delivering up the depositiones and grounds of proces Mr David Greme Against Murray

The Lords of their Majesties privy Councill Doe heirby give Ordor and warrand to their Clerks to Deliver to […] ane of the Clerks of Councill and session and Clerk to the proces presently depending before the saids Lords at the instance of Mr David Greme one of the Clerks to the bills against Sir Robert Murray of Abercairney upon precept, The depositiones taken in the proces formerly Deduced before the saids Lords of Privy Councill at the instance of the said Mr David against the said Sir Robert with the grounds and Warrands of the said proces before the Councill and the forsaid reciept is to bear ane obleisment for reproduceing the said Depositiones grounds and warrands of the proces when ever the said Lords of Councill shall requyre the same or ther proces before the session shall be discust.

Att Edinburgh the Eleventh day of February Jaj vjc nyntie Two years

D1692/2/181

Warrant

Warrand for delivering up the depositiones and grounds of proces Mr David Greme Against Murray

The Lords of their Majesties privy Councill Doe heirby give Ordor and warrand to their Clerks to Deliver to […] ane of the Clerks of Councill and session and Clerk to the proces presently depending before the saids Lords at the instance of Mr David Greme one of the Clerks to the bills against Sir Robert Murray of Abercairney upon precept, The depositiones taken in the proces formerly Deduced before the saids Lords of Privy Councill at the instance of the said Mr David against the said Sir Robert with the grounds and Warrands of the said proces before the Councill and the forsaid reciept is to bear ane obleisment for reproduceing the said Depositiones grounds and warrands of the proces when ever the said Lords of Councill shall requyre the same or ther proces before the session shall be discust.

1. NRS, PC2/24, 25r-25v.

1. NRS, PC2/24, 25r-25v.

Act, 11 February 1692, Edinburgh

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Att Edinburgh the Eleventh day of February Jaj vjc nyntie Two years

D1692/2/171

Act

Act Jean Brown Against The heritors of the parish of Inschmachan

Anent the bill of Suspensione given in and Presented to the Lords of their majesties privy Councill be George Earle of Linlithgow, James Hamiltoun of Bangour, Sir Robert Mylne of Binnie James Ramsay of Blackoroig and James Whyt tennant in Waterstoune Mentioning That quher the petitioners are charged be vertue of letters of horning raised at the instance of Jean Brown relict of the deceast Mr William Hay somtyme minister at Hollywood To make payment to her of the stipend due and payable be the petitioners and ilk ane of them to the minister of the parish kirk of Eglismachin And that for the cropt and year of god Jaj vjc Eightie nyne and Jaj vjc nyntie conforme to ane old decreet of Localitie dated the tuentie Eight day of February Jaj vjc fiftie and conforme to the saids Lords act in his favors dated the tuentie nynth day of December last and sicklyke the petitioners are troubled for the stipend payable be them, By Mr William Smart minister at the Kirk of Eglismachan who pretends Right therto bothe as incumbent and by the saids Lords out with the patrones consent, and lastly they are distressed for the cropt and year of god Jaj vjc Eightie nyne by Mr William Simervell minister at […] Who pretends right therto by ane alledged generall act of Councill in favors of these presbyterian ministers who preached in vaccant Churches and that within a Certaine short space nixt after the charge under the paine of Rebellion and puting of him to the horne most wrongeously and unjustly Considering It is of veritie that they could only be Lyable in once and single payment Which they are willing to make to any who shall be found to have best right therto Bot it is hard for the petitioners to be distressed at the instance of severall persones for one and the same subject secundo The said Earle of Linlithgow is undoubted Patron of the said paroch kirk of Eglismachan, and so by act of Parliament have right to the disposall of the vaccant stipend and no act of Councill Impetrat parte non audita could prejudge him of his legall right, and it should be made appear to the saids Lords at the discussing heirof that the said Earle hade Disposed of the samen for a pious use And Therfore the forsaids letters and charges ought to be suspended and to show that the petitioners are not malicious thy are content that the severall intrests be discussed upon the bill And Therfore Humbly Craveing the saids Lords to call the saids charges before them for productione of their severall rights and intrests To have been seen and Considered be the saids Lords, and to have heard and seen the partie haveing best right preferred be the saids Lords therto, And the parties haveing no right Discharged from any farder midling therwith and in the mean tyme to suspent the forsaids letters etc as the said bill more fully bears The Lords of their majesties Privy Councill haveing Considered this bill of suspensione given in to them be the heritors of Inschmachan with the answer made therto be the above Jean Brown one of the Chargers They Refuse the bill of Suspension And allowes the said Jean Brown to goe one in her Dilligence, And Discharges the other said Jean Brown her Discharge shall be ane suficient exoneratione to the persones Lyable in payment of the above years stipend.

Att Edinburgh the Eleventh day of February Jaj vjc nyntie Two years

D1692/2/171

Act

Act Jean Brown Against The heritors of the parish of Inschmachan

Anent the bill of Suspensione given in and Presented to the Lords of their majesties privy Councill be George Earle of Linlithgow, James Hamiltoun of Bangour, Sir Robert Mylne of Binnie James Ramsay of Blackoroig and James Whyt tennant in Waterstoune Mentioning That quher the petitioners are charged be vertue of letters of horning raised at the instance of Jean Brown relict of the deceast Mr William Hay somtyme minister at Hollywood To make payment to her of the stipend due and payable be the petitioners and ilk ane of them to the minister of the parish kirk of Eglismachin And that for the cropt and year of god Jaj vjc Eightie nyne and Jaj vjc nyntie conforme to ane old decreet of Localitie dated the tuentie Eight day of February Jaj vjc fiftie and conforme to the saids Lords act in his favors dated the tuentie nynth day of December last and sicklyke the petitioners are troubled for the stipend payable be them, By Mr William Smart minister at the Kirk of Eglismachan who pretends Right therto bothe as incumbent and by the saids Lords out with the patrones consent, and lastly they are distressed for the cropt and year of god Jaj vjc Eightie nyne by Mr William Simervell minister at […] Who pretends right therto by ane alledged generall act of Councill in favors of these presbyterian ministers who preached in vaccant Churches and that within a Certaine short space nixt after the charge under the paine of Rebellion and puting of him to the horne most wrongeously and unjustly Considering It is of veritie that they could only be Lyable in once and single payment Which they are willing to make to any who shall be found to have best right therto Bot it is hard for the petitioners to be distressed at the instance of severall persones for one and the same subject secundo The said Earle of Linlithgow is undoubted Patron of the said paroch kirk of Eglismachan, and so by act of Parliament have right to the disposall of the vaccant stipend and no act of Councill Impetrat parte non audita could prejudge him of his legall right, and it should be made appear to the saids Lords at the discussing heirof that the said Earle hade Disposed of the samen for a pious use And Therfore the forsaids letters and charges ought to be suspended and to show that the petitioners are not malicious thy are content that the severall intrests be discussed upon the bill And Therfore Humbly Craveing the saids Lords to call the saids charges before them for productione of their severall rights and intrests To have been seen and Considered be the saids Lords, and to have heard and seen the partie haveing best right preferred be the saids Lords therto, And the parties haveing no right Discharged from any farder midling therwith and in the mean tyme to suspent the forsaids letters etc as the said bill more fully bears The Lords of their majesties Privy Councill haveing Considered this bill of suspensione given in to them be the heritors of Inschmachan with the answer made therto be the above Jean Brown one of the Chargers They Refuse the bill of Suspension And allowes the said Jean Brown to goe one in her Dilligence, And Discharges the other said Jean Brown her Discharge shall be ane suficient exoneratione to the persones Lyable in payment of the above years stipend.

1. NRS, PC2/24, 24v-25r.

1. NRS, PC2/24, 24v-25r.

Act, 11 February 1692, Edinburgh

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Att Edinburgh the Eleventh day of February Jaj vjc nyntie Two years

D1692/2/161

Act

Act Margrat Nairne Lady Kinfains

Anent a Petition given in to the Lords of his Majesties Privy Councill be Margrat Nairne relict of Alexander Carnegie of Kinfauns for her self and John Carnegie sone of the second mariadge and Ogiltrie of Cluny Hay of Megins and the said Margrat Nairne tutors testamentors nominat to the said John Carnegie Shewing That the petitioner John Carnegie being provyded to five Thousand pund sterling by his mothers contract of mariadge therwith produced wher by it might reasonably and Justly be expected that his deceast father would be Cairfull in his oun Life to make some particular applicatione of the obleisment in the Contract by assigneing or Disponeing certaine rights Which might be the fond of payment or securitie to the petitioner Which might be found by him amongst his papers, as also ther being bot one sone and air of the first mariadge, who is not to cary the name of the first mariadge, who is not to cary the name of his father Both Blair of Kinfauns Which name by the first contract And in caice of decease of the said sone the petitioner may reasonably expect that ther may be some deed of the defuncts particularly insureing or setling the estate upon him wherby the Petitioner hath furder intrest not only that his tutors should be present at the Inventaring of the said defuncts writtes That all papers may be searched for conceived in favors of the Petitioner But also that they might see Just Inventars And have a double of all the writtes and evidents of his fathers estate, Wherunto he is Imediat air failzieng the sone of the first mariadge It was also further represented to the saids Lords in behalf of the petitioners both the relict and the sone, That the defunct haveing deceased upon the fourtein day of November Imediatly after the terme ther was a necessitie both to entertaine the familly and all the servants for a Considerable space, and the entertainement of her self and sone and the necessarie servants till the nixt terme of Whitsunday doeth Requyre a Considerable charge Which is greatly augmented by her necessitie to attend at Edinburgh which doeth oblidge her to contract debt As also the expences of the petitioners murning, and servants is in Law a preferrable burdein upon the defuncts moveables, and for which the petitioner the relict is ingaged in ane thousand pounds, scots And seing that the Aliement and intertainement of the petitioners and their servants untill the first terme after the defuncts decease, which is this caice, Is a full half year, as also the murnings taken off be her to the value of One Thousand punds scots are both preferrable burdeins upon the moveables, And yet no person hath as yet undertaken to be Chamberland for uplifting the bygone rents, Which fall under executrie, wherby they might come to be lost, And ane alimentary caice and the provisione of murnings being most proper and ordinary for the saids Lords to Determine which could admitt of no decay And Therfore Humbly Craving the saids Lords To modifie ane aliment for the petitioner the relict, her sone and familly Which its humbly conceaved could be no less then ane years Joyntur of Two Thousand five hundred merks Conforme to her contract theirwith produced, The charge being farr greater at the beginning then afterwards and to grant warrand to the petitioners for uplifting the sommes to be modified for the said aliement as also a thousand punds Scots for the expences of Murnings to the petitioners and their servants and that out of the first and readiest of the bygone rents in the tenants hands which fell under executrie, and to ordaine the saids tennents to make payment of so much of their bygone rents to the petitioner the relict or her Chamberlands as will satisfie the forsaid soume As also that the saids Lords would authorize the petitioner the said John Carnegie or his tutors To search for any writtes conceaved In his favors amongst the fathers papers, And for that effect, To appoint James Carnegie of Phinhaven Tutor dative to the Cheldrein of the first mariage to allow the petitioner John Carnegie and his tutors inspectione of the defuncts writtes and that such as concerne him might be Delivered up to his tutor as also to appoint the said James Carnegie of Phinhaven to make intimatione to the petitioners tutors that they may be present at opening the Charter Christ and Coffers when Inventars of the defuncts estate and papers are made and that the petitioners tutors may be present at the makeing of the saids Inventars and to allow them to have a Just Duplicat of the inventar so to be made haveing so near ane intrest therin both for the securitie of his provisione and successione As the Petitione bears The Lords of his majesties privy Councill haveing Considered this petitione given in to them be the above Lady Kinfauns and her sone and his tutors with the answers made therto be the Laird of Phinhaven for his pupill and him They heirby Modifie the some of Ane Thousand two hundreth and fiftie merks scots to be payed to the said Lady Kinfauns for the aliement of her self sone and familly frae the terme of Mertmiss last to the terme of Whitsunday nixt being the terme Immediatly following the decease of her umquhill husband and that out of the first and readiest of the bygone rents of her husbands lands resting in the hands of the tennents therof. and ordaines the tennants to make payment of the same accordingly and ordaines letters of horning to be direct at the Ladies instance against them for that effect she allwayes Condescending upon the name of the said tennents that the same may be insert in the horning before outgiveing therof The petitioner being allwayes Lyable to hold compt for what intromissiones she has had with her deceast husbands estate since his decease aither in money moveables or otherwayes, And the saids Lords allowes the tutors of the Childrein of both mariadges of the deceast Laird of Kinfauns to be present at the Inventaring of the defuncts Charter Chists and writtes And appoints the respective tutors to make intimatione to each other hinc inde of the tyme of Inventaring the saids wrytes and Chartor Chist And allowes the Laird of Balnamoon to present at the said Inventaring And appoints the tutors forsaids , To make intimation to him of the tyme therof, And Remitts that point of the petition anent the expence of murnings to the Judge ordinary.

Att Edinburgh the Eleventh day of February Jaj vjc nyntie Two years

D1692/2/161

Act

Act Margrat Nairne Lady Kinfains

Anent a Petition given in to the Lords of his Majesties Privy Councill be Margrat Nairne relict of Alexander Carnegie of Kinfauns for her self and John Carnegie sone of the second mariadge and Ogiltrie of Cluny Hay of Megins and the said Margrat Nairne tutors testamentors nominat to the said John Carnegie Shewing That the petitioner John Carnegie being provyded to five Thousand pund sterling by his mothers contract of mariadge therwith produced wher by it might reasonably and Justly be expected that his deceast father would be Cairfull in his oun Life to make some particular applicatione of the obleisment in the Contract by assigneing or Disponeing certaine rights Which might be the fond of payment or securitie to the petitioner Which might be found by him amongst his papers, as also ther being bot one sone and air of the first mariadge, who is not to cary the name of the first mariadge, who is not to cary the name of his father Both Blair of Kinfauns Which name by the first contract And in caice of decease of the said sone the petitioner may reasonably expect that ther may be some deed of the defuncts particularly insureing or setling the estate upon him wherby the Petitioner hath furder intrest not only that his tutors should be present at the Inventaring of the said defuncts writtes That all papers may be searched for conceived in favors of the Petitioner But also that they might see Just Inventars And have a double of all the writtes and evidents of his fathers estate, Wherunto he is Imediat air failzieng the sone of the first mariadge It was also further represented to the saids Lords in behalf of the petitioners both the relict and the sone, That the defunct haveing deceased upon the fourtein day of November Imediatly after the terme ther was a necessitie both to entertaine the familly and all the servants for a Considerable space, and the entertainement of her self and sone and the necessarie servants till the nixt terme of Whitsunday doeth Requyre a Considerable charge Which is greatly augmented by her necessitie to attend at Edinburgh which doeth oblidge her to contract debt As also the expences of the petitioners murning, and servants is in Law a preferrable burdein upon the defuncts moveables, and for which the petitioner the relict is ingaged in ane thousand pounds, scots And seing that the Aliement and intertainement of the petitioners and their servants untill the first terme after the defuncts decease, which is this caice, Is a full half year, as also the murnings taken off be her to the value of One Thousand punds scots are both preferrable burdeins upon the moveables, And yet no person hath as yet undertaken to be Chamberland for uplifting the bygone rents, Which fall under executrie, wherby they might come to be lost, And ane alimentary caice and the provisione of murnings being most proper and ordinary for the saids Lords to Determine which could admitt of no decay And Therfore Humbly Craving the saids Lords To modifie ane aliment for the petitioner the relict, her sone and familly Which its humbly conceaved could be no less then ane years Joyntur of Two Thousand five hundred merks Conforme to her contract theirwith produced, The charge being farr greater at the beginning then afterwards and to grant warrand to the petitioners for uplifting the sommes to be modified for the said aliement as also a thousand punds Scots for the expences of Murnings to the petitioners and their servants and that out of the first and readiest of the bygone rents in the tenants hands which fell under executrie, and to ordaine the saids tennents to make payment of so much of their bygone rents to the petitioner the relict or her Chamberlands as will satisfie the forsaid soume As also that the saids Lords would authorize the petitioner the said John Carnegie or his tutors To search for any writtes conceaved In his favors amongst the fathers papers, And for that effect, To appoint James Carnegie of Phinhaven Tutor dative to the Cheldrein of the first mariage to allow the petitioner John Carnegie and his tutors inspectione of the defuncts writtes and that such as concerne him might be Delivered up to his tutor as also to appoint the said James Carnegie of Phinhaven to make intimatione to the petitioners tutors that they may be present at opening the Charter Christ and Coffers when Inventars of the defuncts estate and papers are made and that the petitioners tutors may be present at the makeing of the saids Inventars and to allow them to have a Just Duplicat of the inventar so to be made haveing so near ane intrest therin both for the securitie of his provisione and successione As the Petitione bears The Lords of his majesties privy Councill haveing Considered this petitione given in to them be the above Lady Kinfauns and her sone and his tutors with the answers made therto be the Laird of Phinhaven for his pupill and him They heirby Modifie the some of Ane Thousand two hundreth and fiftie merks scots to be payed to the said Lady Kinfauns for the aliement of her self sone and familly frae the terme of Mertmiss last to the terme of Whitsunday nixt being the terme Immediatly following the decease of her umquhill husband and that out of the first and readiest of the bygone rents of her husbands lands resting in the hands of the tennents therof. and ordaines the tennants to make payment of the same accordingly and ordaines letters of horning to be direct at the Ladies instance against them for that effect she allwayes Condescending upon the name of the said tennents that the same may be insert in the horning before outgiveing therof The petitioner being allwayes Lyable to hold compt for what intromissiones she has had with her deceast husbands estate since his decease aither in money moveables or otherwayes, And the saids Lords allowes the tutors of the Childrein of both mariadges of the deceast Laird of Kinfauns to be present at the Inventaring of the defuncts Charter Chists and writtes And appoints the respective tutors to make intimatione to each other hinc inde of the tyme of Inventaring the saids wrytes and Chartor Chist And allowes the Laird of Balnamoon to present at the said Inventaring And appoints the tutors forsaids , To make intimation to him of the tyme therof, And Remitts that point of the petition anent the expence of murnings to the Judge ordinary.

1. NRS, PC2/24, 23r-24v.

1. NRS, PC2/24, 23r-24v.

Sederunt, 11 February 1692, Edinburgh

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Att Edinburgh the Eleventh day of February Jaj vjc nyntie Two years1

D1692/2/152

Sederunt

Lord Chancelor; Marquis of Douglas; Earl of Crafurd; Earl of Mortune; Viscount Stairs; Lord Raith; Lord Ruthven; Lord Polwarth; Master of Burleigh; Lord Aberuchell; Lord Fountonhall; Laird of Grant; Laird of Leyes; Laird of Brodie; Sir Thomas Livingston; Provost of Edinburgh

Att Edinburgh the Eleventh day of February Jaj vjc nyntie Two years1

D1692/2/152

Sederunt

Lord Chancelor; Marquis of Douglas; Earl of Crafurd; Earl of Mortune; Viscount Stairs; Lord Raith; Lord Ruthven; Lord Polwarth; Master of Burleigh; Lord Aberuchell; Lord Fountonhall; Laird of Grant; Laird of Leyes; Laird of Brodie; Sir Thomas Livingston; Provost of Edinburgh

1. NRS, PC2/24, 22v.

2. NRS, PC2/24, 22v.

1. NRS, PC2/24, 22v.

2. NRS, PC2/24, 22v.

Act, 11 February 1692, Edinburgh

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Att Edinburgh The Eleaventh day of February Jaj vjc and Nyntie tuo years

A1692/2/641

Act

Act Heretors of Crocemichell for stipend

Anent the petitione Given in to the Lords of the their Majestyes privie Counsell be Alexander viscount of Kenmure and the rest of the heretors of the paroch of Crocemichaell and of the presbitrie of Kirckudbright where the said vacant paroch Lyes Shewing That whereas the saids pariochiners have been at expensses in seeking and Calling a minister And that the Church is so Ruined That there is no access to preach In it without great hazard to the people And must be for the greatest pairt built of new And that the manse of the said paroch is also ruinous throw the Negligence of the Late Incumbent The Reparatione whereof Cannot now be recovered from him As also there are many pious and necessarie things to be done in the said paroch which the present Mean Conditione of the paroch Cannot get defrayed And therefor Craveing that there Lordships would be pleased to Grant ane order to the said vicount of Kenmure and other heretors of the said paroch with the Consent of the said presbitry to uplift the vacant stipend of the said paroch for the Cropt Jaj vjc and Nyntie2 years To be Imployed at the sight of the said presbitry for the uses forsaids As the said petitione bears The saids Lords of there Majestyes privie Consell haveing Considered this petition Given in to them be the viscount of Kenmure and the rest of the heretors of the paroch of Crossmichael They allow the last half years stipend of the said Kirk of Crossmichaell for the year Jaj vjc and Nyntie To be Imployed for repairing of the said kirk and ruinous manse thereof at the sight of the presbitry And nominates and appoints Samuell Broun younger of Mollans to be factor for uplifting of the said half years stipend And ordaines him to be readiely ansuered obeyed and payed thereof by the heretors fewers Lyfrenters titulars tacksmen of teynds tennents possessors and others Lyable in payment of the samen And ordaines Letters of horning to be direct at his Instance againest them for that effect upon production of ane decreet of Locality And in case there be none ordaines these Lyable To make payment of there respective proportiones according as the samen shall be decerned be the judge ordinarie In respect the said factor hes found sufficient Cautione acted in the books of privie Counsell That he shall Imploy the said last half years stipend of the cropt Jaj vjc and Nyntie upon reparation of the said kirk and manse of Crocemichaell in the sight of the presbitrie of Kirkcudbright

At Edinburgh 11 February 1692

A1692/2/641

Act

Act heritors of Crossmichael for stipend

Concerning the petition given in to the lords of the their majesties’ privy council by Alexander [Gordon] viscount of Kenmure and the rest of the heritors of the parish of Crossmichael and of the presbytery of Kirkcudbright where the said vacant parish lies, showing that whereas the said parishioners have been at expenses in seeking and calling a minister and that the church is so ruined that there is no access to preach in it without great hazard to the people and must be for the greatest part built of new, and that the manse of the said parish is also ruinous through the negligence of the late incumbent, the repair whereof cannot now be recovered from him, as also there are many pious and necessary things to be done in the said parish which the present mean condition of the parish cannot get defrayed, and therefor craving that their lordships would be pleased to grant an order to the said viscount of Kenmure and other heritors of the said parish with the consent of the said presbytery to uplift the vacant stipend of the said parish for the crop 1690 to be employed at the sight of the said presbytery for the uses foresaid as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the viscount of Kenmure and the rest of the heritors of the parish of Crossmichael, they allow the last half year’s stipend of the said kirk of Crossmichael for the year 1690 to be employed for repairing of the said kirk and ruinous manse thereof at the sight of the presbytery, and nominate and appoint Samuel Broun, younger of Mollans to be factor for uplifting of the said half year’s stipend, and ordain him to be readily answered, obeyed, and paid thereof by the heritors, feuers, liferenters, titulars, tacksmen of teinds, tenants, possessors, and others liable in payment of the same. And ordain letters of horning to be directed at his instance against them for that effect upon production of a decreet of locality. And in case there be none, ordain those liable to make payment of their respective proportions according as the same shall be discerned by the judge ordinary, in respect the said factor has found sufficient caution acted in the books of privy council that he shall employ the said last half year’s stipend of the crop 1690 upon repair of the said kirk and manse of Crossmichael in the sight of the presbytery of Kirkcudbright.

1. PC1/48, 44-5.

2. The word ‘one’ scored out here.

1. PC1/48, 44-5.

2. The word ‘one’ scored out here.

Act, 11 February 1692, Edinburgh

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Att Edinburgh The Eleaventh day of February Jaj vjc and Nyntie tuo years

A1692/2/631

Act

Act Mr John Murdoch for stipend

Anent the petition Given in to the Lords of there Masjesties privie Counsell be Mr John Murdoch Minister of the Gospell at Corssmichaell within the presbitrie of Kirkcudbright Shewing That the petitioner being unanimously called by the heretors and Elders of the said paroch with consent of the presbitrie to be there Minister And accordingly the petitioner by appointment of the presbitry haveing Laboured there in the work of his ministerie since the tuenty tuo day of March last Jaj vjc and Nyntie one years As ane testificat under the hand of the Moderator and Clerk of the said presbitry daited the seventh day of Januarij last produced with the said petition hes testifyed And that it being Just and reasonable the stipend payable to the Ministers serving the Cure there should be Made payable to the petitioner for the said cropt and year Jaj vjc and Nyntie one. And therefor Craveing to the effect underwritten As the said petitione bears The saids Lords of there Majestyes privie Counsell haveing Considered this petition Given in to them be the above Mr John Murdoch minister at Crocemichaell and testificat mentioned therein and produced therewith They Find the petitioner hes right to the stipend of the said kirk for the haill cropt and year Jaj vjc and Nyntie one And ordaines him to be readiely answered obeyed and payed thereof and yearly and termely in tyme comeing dureing his Incumbencie at the said kirk be the heretors fewers Lyfrenters titulars tacksmen of teynds tennents possessors and others Lyable in payment of the said stipend And ordaines Letters of horning to be direct at his Instance Againest them for that effect the termes of payment being first come and by past and that upon production of a decreet of Locality And In case there be none ordaines these Lyable to make payment of there respective proportiones according as the samen shall be decerned be the Judge ordinarie

At Edinburgh 11 February 1692

A1692/2/631

Act

Act Mr John Murdoch for stipend

Concerning the petition given in to the lords of their majesties’ privy council by Mr John Murdoch, minister of the gospel at Crossmichael within the presbytery of Kirkcudbright, showing that the petitioner being unanimously called by the heritors and elders of the said parish with consent of the presbytery to be their minister, and accordingly the petitioner by appointment of the presbytery having laboured there in the work of his ministry since the twenty-second day of March last 1691 as a testificat under the hand of the moderator and clerk of the said presbytery dated the seventh day of January last, produced with the said petition, has testified, and that it being just and reasonable the stipend payable to the ministers serving the cure there should be made payable to the petitioner for the said crop and year 1691, and therefore craving to the effect underwritten as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above Mr John Murdoch, minister at Crossmichael, and testificat mentioned therein and produced therewith, they find the petitioner has right to the stipend of the said kirk for the whole crop and year 1691, and ordain him to be readily answered, obeyed, and paid thereof and yearly and termly in time coming during his incumbency at the said kirk by the heritors, feuers, liferenters, titulars, tacksmen of teinds, tenants, possessors, and others liable in payment of the said stipend, and ordain letters of horning to be directed at his instance against them for that effect, the terms of payment being first come and bypast, and that upon production of a decreet of locality. And in case there be none, ordain those liable to make payment of their respective proportions according as the same shall be discerned by the judge ordinary.

1. PC1/48, 44.

1. PC1/48, 44.

Act, 11 February 1692, Edinburgh

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A1692/2/621

Act

Act Collectors of the Hearth money

Anent the petitione Given in to the Lords of there majestyes privie Counsell be James Melvill of Cassengray Shewing That the petitioner being by Commission from his Majestie of the date the […] day of […] Jaj vjc and Nyntie years appointed Collector for the hearth money due to his Majestie within the kingdome of Scotland be vertue of the second act of the third sesion of this Current parliament And haveing in prosecution of the said Commission used his outmost diligence for bringing in the said hearth money for his Majestyes service By appointing Subcollectors throw the Kingdome for the samen And now the most pairt of these being Come in alreadie to Give accompt of there diligence and collectiones But the petitioner is not clear what methods to take in Compting with them And what diligence to take off there hands In respect that most of them are not Clear to depone that they Surveyed But they accepted Lists from the heretors and Inhabitants Conforme to acts of Counsell And the ordering of methods for Ingathering of the said hearthmoney being by the parliament Remitted to the saids Lords of privie Counsell And therefore Craveing That there Lordships would be pleased To determine what methods shall be taken in Compting with the subcollectors and what diligences shall be taken off there hand To the end that the samen may be speediely gone about That his Majesties service may not be retarded and that the petitioner be exonered As the said petitione bears The saids Lords of there Majestyes privie Counsell haveing considered this petition Given in to them be the above James Melvill of Cassengray Together with the report of a Comittee of there oune Number To whom the Consideratione thereof wes Remitted They hereby ordaine the subcollectors of the above hearthmoney To make particular survey of all the hearths within the severall bounds and places contained in there Commissiones Except such places as are unaccessable allennarly And ordaines the saids subcollectors to delyver to the petitioner true and exact Lysts of the hearths so surveyed be them within there respective bounds And that upon oath

At Edinburgh 11 February 1692

A1692/2/621

Act

Act collectors of the hearth money

Concerning the petition given in to the lords of their majesties’ privy council by James Melville of Cassengray, showing that the petitioner being by commission from his majesty of the date the […] day of […] 1690 appointed collector for the hearth money due to his majesty within the kingdom of Scotland be virtue of the second act of the third session of this current parliament, and having in prosecution of the said commission used his outmost diligence for bringing in the said hearth money for his majesty’s service by appointing sub-collectors through the kingdom for the same, and now the most part of these being come in already to give account of their diligence and collections but the petitioner is not clear what methods to take in accounting with them and what diligence to take off their hands in respect that most of them are not clear to depone that they surveyed but they accepted lists from the heritors and inhabitants conform to acts of council and the ordering of methods for ingathering of the said hearth money being by the parliament remitted to the said lords of privy council and therefore craving that their lordships would be pleased to determine what methods shall be taken in accounting with the sub-collectors and what diligences shall be taken off their hand to the end that the same may be speedily gone about that his majesty’s service may not be retarded and that the petitioner be exonerated as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above James Melville of Cassengray, together with the report of a committee of their own number to whom the consideration thereof was remitted, they hereby ordain the sub-collectors of the above hearth money to make particular surveys of all the hearths within the several bounds and places contained in there commissions except such places as are inaccessible only. And ordain the said sub-collectors to deliver to the petitioner true and exact lists of the hearths so surveyed by them within their respective bounds, and that upon oath.

1. PC1/48, 43

1. PC1/48, 43

Act, 11 February 1692, Edinburgh

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Att Edinburgh The Eleaventh day of February Jaj vjc and Nyntie tuo years

A1692/2/611

Act

Act Heretors of Comrie for stipend

Anent the petitione Given in to the Lords of there Majestyes privie Counsell be Sir Coline Campbell of Aberuchill one of the senators of the Colledge of Justice And of the saids Lords of privie Counsell there number for himself and in name of some others of the heretors and pariochiners of Comrie Shewing That the said paroch being vacant befor Michaelmes Jaj vjc and Eightie Nyne by the deprivation of Mr John Philip late Incumbent there for his Contempt and dissobedience to there Majestyes government And no minister as yet being placed there, off which church there majestyes are patrones And the first half of the stipend Jaj vjc and Eightie Nyne being up lifted by the said Mr John Philip And the year Jaj vjc and Nyntie being desposed of alreadie towards the necessarie reparationes of the Church and Manse by there Lordships So that the half of the year Jaj vjc and Eightie Nyne with the wholl year Jaj vjc and Nyntie one are resting And it being Notourly knowen That there are many Impetuous rivers in the said paroch such as Earne, Kinhill and Lednock upon which the pariochiners are necessitat to keep up at a Considerable charge timber bridges otherwayes they Could not repair to the Church Nor could there be travelling in the countrey And these bridges are ruinous uith Speatts whereby many of the Inhabitants Lyves are indangered And that place of the Countrie being the head of Strathearne haveing been this Long tyme sadly harassed and depauperate by the Late Rebells and Robbers whereby the bridges are also ruined and the Inhabitants unabled to erect or repair the samen And sieing that the stipends of vacant Churches are by Law appointed to be Imployed on by pious uses Among which bridges particularly are exprestby the fyfth act parliament first King Charles the Second And the Eighteint act, parliament Jaj vjc Eighty fyve years And albeit the saids Lords of privie Counsell are Conforme thereto in use to grant vacant stipends for the saids pious uses And there being none can be Instanced more charitable or necessarie And that the said stipend is but about Eight Hundreth merks yearly which will not goe farr towards the said work And therefore Craveing to the effect underwreitten as the said petitione bears The saids Lords of there Majestyes privie Counsell haveing Considered this petitione Given in to them be the above Lord Aberuchill and other heretors of the above paroch of Comrie They hereby allow to the petitioners the stipend of the above kirk of Comrie for the last half of the cropt and year of God Jaj vjc and Eightie Nyne and haill cropt and year of God Jaj vjc and Nyntie one To be Imployed for erecting or repairing of the bridges within the said paroch of Comrie particularly and Generally abovementioned And nominats and appoints James Campbell of Kerenoch to be factor for up Lifting of the saids stipends And ordaines him to be read ansuered obeyed and payed thereof be the heretors fewers wodsetters Lyfrenters fermorers titulars tacksmen of teynds tennents possessors and others Lyable in payment of the said stipend for the said space And ordaines Letters of horning to be direct hereon at the instance of the said factor he produceing a decreet of Locality And in case there be none ordaines the heretors and others forsaids Lyable in payment of the said stipend To make payment thereof to the said factor for the forsaid last half the year Jaj vjc and Eighty Nyne haill year Jaj vjc and Nyntie one according as they shall be decerned be the Judge ordinary In respect the said factor hes found sufficient Cautione acted in the books of privie Counsell That he shall Imploy the forsaid year and ane halfs stipend for Erecting or repairing of the above bridges particularly and generallie abovementioned

At Edinburgh 11 February 1692

A1692/2/611

Act

Act for the heritors of Comrie for stipend

Concerning the petition given in to the lords of their majesties’ privy council by Sir Colin Campbell of Aberuchill, one of the senators of the college of justice and of the said lords of privy council their number, for himself and in name of some others of the heritors and parishioners of Comrie, showing that the said parish being vacant before Michaelmas 1689 by the deprivation of Mr John Philip, late incumbent there, for his contempt and disobedience to their majesties’ government, and no minister as yet being placed there, of which church their majesties are patrons, and the first half of the stipend 1689 being uplifted by the said Mr John Philip and the year 1690 being disposed of already towards the necessary repair of the church and manse by their lordships, so that the half of the year 1689 with the whole year 1691 are resting. And it being notoriously known that there are many impetuous rivers in the said parish such as Earn, Kinhill, and Lednock upon which the parishioners are necessitated to keep up at a considerable charge timber bridges, otherwise they could not repair to the church nor could there be travelling in the country, and these bridges are ruinous with spates whereby many of the inhabitants’ lives are endangered. And that place of the country being the head of Strathearn having been this long time sadly harassed and depauperated by the late rebels and robbers whereby the bridges are also ruined and the inhabitants unable to erect or repair the same. And seeing that the stipends of vacant churches are by law appointed to be employed on by pious uses, among which bridges particularly are expressed by the fifth act parliament first King Charles II and the eighteenth act, parliament 1685 years and albeit the said lords of privy council are conform thereto in use to grant vacant stipends for the said pious uses, and there being none can be instanced more charitable or necessary, and that the said stipend is but about eight hundred merks yearly, which will not go far towards the said work, and therefore craving to the effect underwritten as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above Lord Aberuchill and other heritors of the above parish of Comrie, they hereby allow to the petitioners the stipend of the above kirk of Comrie for the last half of the crop and year of God 1689 and whole crop and year of God 1691 to be employed for erecting or repairing of the bridges within the said parish of Comrie particularly and generally abovementioned. And nominate and appoint James Campbell of Kerrioch to be factor for uplifting of the said stipends, and ordain him to be read, answered, obeyed, and paid thereof by the heritors, feuers, wadsetters, liferenters, fermerers, titulars, tacksmen of teinds, tenants, possessors, and others liable in payment of the said stipend for the said space. And ordain letters of horning to be directed hereon at the instance of the said factor, he producing a decreet of locality. And in case there be none, ordain the heritors and others foresaid liable in payment of the said stipend to make payment thereof to the said factor for the foresaid last half the year 1689 [and] whole year 1691 according as they shall be discerned be the judge ordinary, in respect the said factor has found sufficient caution acted in the books of privy council that he shall employ the foresaid year and a half’s stipend for erecting or repairing of the above bridges particularly and generally abovementioned.

1. PC1/48, 41-3.

1. PC1/48, 41-3.

Warrant, 11 February 1692, Edinburgh

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A1692/2/601

Warrant

Renewed Warrand for prosecuting serjeant Mcqueen

The Lords of there Majestyes privie Counsell Appoints Tuesday next being the sixteinth day of Februarij Instant to be the day of Compearance in the Lybell formerly appointed to be raised befor there Lordships at the instance of there Majestyes sollicitor and his assistants Against Serjeant […] Mcqueen for Cheatting of severall prisoners and forceing them to prisone as souldiers for there Majesties service in Flanders without there consent or any engadgement given or money receaved be them as souldiers forsaid And appoints the said sollicitor and his assistants furth with to raise and prosecute the said Lybell accordingly In respect the said Serjeant duells within the toun of Edinburgh and priviledges thereof

At Edinburgh 11 February 1692

A1692/2/601

Warrant

Renewed warrant for prosecuting Sergeant McQueen

The lords of their majesties’ privy council appoint Tuesday next being the sixteenth day of February instant to be the day of compearance in the libel formerly appointed to be raised before their lordships at the instance of their majesties’ solicitor and his assistants against Sergeant […] McQueen for cheating of several prisoners and forcing them to prison as soldiers for their majesties’ service in Flanders without their consent or any engagement given or money received by them as soldiers foresaid, and appoints the said solicitor and his assistants forthwith to raise and prosecute the said libel accordingly in respect the said serjeant dwells within the town of Edinburgh and privileges thereof.

1. PC1/48, 41.

1. PC1/48, 41.

Act, 11 February 1692, Edinburgh

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A1692/2/591

Act

Act Liberation Richard Gunne to Captain Hay

Anent the petitione Given in to the Lords of there majesties privie Counsell be Richard Gunne prisoner within the tolbooth of Edinburgh Shewing That where the petitioner haveing been apprehended in Glasgow with the deceist John Murray And being accused befor the Lords of Justiciarie as being Guiltie of the Cryme of Coyneing false money And probation being adduced against the petitioner The same did nowayes prove that he hade any accession to or wes Guiltie of the forsaid cryme And now In regaird that the petitioner hath now Lyen in the the said tolbooth for a Considerable space bygone is now unable to abyde his Condition and his poor wyfes and childrens being so miserable does reallie deserve the Charity of all good Christians for keeping the petitioners wyfe and Children from a starveing conditione And the petitioner being Informed that he is Gifted to some of the officers to goe abroad and serve which will render the Condition of His wyfe and Children without all exceptione so despicable as it will depryve her of the mean of her subsistence and Lyvelyhood in tyme comeing being a poor woman not able to act any thing for her oune self And therefore Craveing that the Lords would be pleased to Consider the poor case of the petitioners which merits Compassion Considering badd Circumstances he is in by his and his wyfes being in a most miserable Condition And to ordain the petitioner to be sett at Libertie upon whatever Conditiones there Lordships pleases And to discharge any officers from medleing with the petitioner who prostrats himself to the Clemencie of there Lordships as the said petitione bears The saids Lords of there Majesties privie Counsell haveing Considered this petitione Given in to them be the above Richard Guine They hereby Give order and warrand to the Magistrats of Edinburgh and keeper of there tolbooth to delyver the petitioner to Captain Hay one of the Captains of the Lord Angus his regiment of foot to be by him transported to Flanders as a souldier in the said regiment for there Majesties service there And that In respect the Lords Commissioners of Justicarie have Informed the Lords of Counsell that the punishment which can be Inflicted againest the petitioner for the above Cryme so farr as the same is proven against him will extend no further then to ane sentence of Banishment And appoints the said sentence of Banishment to be pronounced be the saids Lords Commissioners of Justiciarie againest the petitioner before he be delyvered to the said Captain Hay

At Edinburgh 11 February 1692

A1692/2/591

Act

Act liberation [of] Richard Gunn to Captain Hay

Concerning the petition given in to the lords of their majesties’ privy council by Richard Gunn, prisoner within the tolbooth of Edinburgh, showing that where the petitioner having been apprehended in Glasgow with the deceased John Murray and being accused before the lords of justiciary as being guilty of the crime of coining false money and probation being adduced against the petitioner, the same did nowise prove that he had any accession to or was guilty of the foresaid crime, and now in regard that the petitioner has now lying in the said tolbooth for a considerable space bygone [and] is now unable to abide his condition and his poor wife’s and children’s being so miserable does really deserve the charity of all good Christians for keeping the petitioner’s wife and children from a starving condition. And the petitioner being informed that he is gifted to some of the officers to go abroad and serve which will render the condition of his wife and children without all exception so despicable as it will deprive her of the means of her subsistence and livelihood in time coming, being a poor woman not able to act anything for her own self, and therefore craving that the lords would be pleased to consider the poor case of the petitioner which merits compassion considering [the] bad circumstances he is in by his and his wife’s being in a most miserable condition, and to ordain the petitioner to be set at liberty upon whatever conditions their lordships please and to discharge any officers from meddling with the petitioner who prostrates himself to the clemency of their lordships as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above Richard Gunn they hereby give order and warrant to the magistrates of Edinburgh and keeper of their tolbooth to deliver the petitioner to Captain Hay, one of the captains of [James Douglas] the Lord Angus his regiment of foot, to be by him transported to Flanders as a soldier in the said regiment for their majesties’ service there, and that in respect the lord commissioners of justiciary have informed the lords of council that the punishment which can be inflicted against the petitioner for the above crimes so far as the same is proven against him will extend no further then to a sentence of banishment, and appoints the said sentence of banishment to be pronounced by the said lord commissioners of justiciary against the petitioner before he be delivered to the said Captain Hay.

1. PC1/48, 40-1.

1. PC1/48, 40-1.