Tag Archives: 11 February 1697

Decreet, 11 February 1697, Edinburgh

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Att Edinburgh the Eleventh Day of Febrwary Jaj vic nyntie seven yeirs

D1697/2/141

Decreet

Decreit Lady Glenbucket

Anent the lybell or Letters of Complaint raised befor the Lords of his majesties privie Counsell at the instance of Jean Douglas Lady Glenbucket with concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater wnderwritten Makeing mention That wher the Said Complainer being by her contract of mariadge by her deceast husband provided to have her liferent of Ane Thowsand merks yeirlie of frie rent owt of the best of her husbands Lands nearest adjacent to the house of Glenbucket and in corroboratione therof granted ane dispositione but prejudice of any clause that might contribute for the Complainers well and wtilitie of the Soume of ane thousand merks of yeirlie frie rent out of the particular Lands and mylne mentioned in the dispositione and granted ane precept of seasine for that effect dated the fiftein of October Jaj vic Seventie five yeirs wherupon accordinglie the Complainer was infeft the Complainer did efter her husbands decease in the yeir Jaj vic nyntie thrie enter into the possessione of the maynes and house of Glenbucket and uplifted Some of the rents of the Complainers Liferent Lands owt of which fond She did aliment her eight childrein till May Last Att which tyme Adam Gordon the complainers eldest sone being instigat by severall persones did on the […] Day of May Last or ane or other of the dayes of the said moneth when the said complainer was comeing South to take advice anent her affairs and being advanced a great part of her Journey the said Adam Gordon most wnaturallie wnchristeanlie and barbarouselie Shakeing of all fear of God and the filiall dwetie he owes his parents folloued efter the Complainer with armed force designeing to bring her back and She declyneing he avowed to Dragg her back at horses taills And in prosecutione therof he with Severall others that were with him Laid violent hands on the Complainer and threw her Severall tymes to the grownd to the great effusione of her blood and Dragged her captive back again the way or forth which is thrie mylls Distant from her house And when he was come to the house of Glenbucket he caused keep the complainer closs prisoner therin for the Space of threttie dayes without allowing her the necessarie meanes of Subsistance and attendance and truelie She could hardlie2 eat any thing althowgh it had bein offered as it was not for fear of being poisoned and if it had not bein by the charitie of neighboures who in Some pairt Supplied her necessitie She had undoubtedlie Starved and while She was thus prisoner he the said Adam Gordon Secured all the Doors of the house and house hold furniture and violentlie Dispossessed her of all and neither Left her nor her childrein any mean of Subsisting yea not so much as her weareing cloathes bot was glad to escape with her life And also Seazed upon and abstracted her whole wrytes and evidents And Likewayes did violentlie at his own hand enter to the possessione and to the uplifting of the maills and Dweties of her Said Liferent Lands By all which it is evident that the said Adam Gordoune is gwiltie of a most heynows and unnaturall cryme And therfor he ought not onlie to be Decerned by our Saids Lords of privie Counsell Summarlie to repossess the said Complainer in the foirsaids houses household furniture and whole writes and all other goods and growing cropt upon the Maynes of Glenbucket But also owght to be Decerned in Ane Thousand merks yeirlie of frie rent to be payed to the Said Complainer out of the first and readiest of the maills and Dueties of her deceast husbands Lands And that as ane propper and competent aliment to the said Complainer And furder to be pwnished in his persone and goods to the terror of others And anent the charge given to the said defender to have compeared personallie befor the saids Lords of privie Counsell at ane certaine day now by past to have ansuwered to the grounds of the above complaint And to have heard and Sein Such order and Course taken theranent as the Saids Lords Should think fitt under the paine of rebellione etc As in the principall lybell or Letters of Complaint and executiones therof at more lenth is contained which lybell or Letters of complaint being upon the third of September Last bypast called in presence of the saids Lords of privie Counsell And the persewer Compeareing personallie with Mr George Alexander her advocat And the defender also compeareing personallie with Mr William Calderwood his advocat Both pairties Lawiers being fullie heard And the Saids Lords haveing considered the lybell togither with the petitione given in by the defender they admitted the lybell to the persewers probatione And the wittnesses present haveing made faith The Lords appointed a Comittie for examineing these wittnesses and discussing the objectiones which might be made against them And allowed furder Dilligence against Such of the wittnesses as have bein cited and have not compeared And allowed the Comittie to examine the wittnesses upon Such pertinent interrogators as the defender Should give in And ther haveing bein Severall wittnesses adduced befor this Comitie The Said Jean Douglas Lady Glenbucket gave in a petitione to his majesties Commissioner and the Saids Lords of privie Counsell And the Laird of Glenbucket her son gave in ane other by way of ansuer therto And both petitiones being upon the threttie day of the Said moneth of September Last bypast read in presence of his majesties Comissioner and the Saids Lords His Grace and ther Lordships by ther interloqwitor of that dayes date appointed a Comitie for heareing of both pairties and to endeavoure to Setle and agrie them and in caise of difficultie to report to the Counsell Therefter The Saids Lords of his majesties privie Counsell by ther interloquitor of the threttein day of October Jaj vic nyntie Six yeirs upon a petitione given in to them by the said Lady […] Glenbucket they appointed ane other Comittie to meet with the perseuer and her son and to endeavor to setle and Agrie them in the lybell foirsaid depending at her instance against the defender befor the privie Counsell And in caice they Should not agrie then allowed a furder dilligence by Caption at the Ladyes instance against the wittnesses alreadie cited by her and not examined and alloued the Comitie formerlie appointed to examine these wittnesses And Decerned and ordained the defender to make payment to the persewer of Ane Hundereth punds Scotts And the saids Lords of privie Counsell By ther interloquitor of the date the third of December Jaj vic nyntie Six yeirs upon a bill given in to them be the said Lady Glenbucket added Ane hundered punds Scotts to the hundered punds in the foirsaid interloquitor of the threttein of October Last makeing both togither the Soume of Two Hundereth punds Scotts And decerns and ordains the Said Adam Gordon of Glenbucket Defender to make payment to the said Jean Douglas Ladie Glenbucket his mother persewer of the said soume of Two Hundereth punds for her present aliement and Subsistance and ordaines Letters of horneing to be direct on fiftein dayes at the Ladyes instance against her son and others needfull wnder the Signet of Counsell and Remits to the Lords of Sessione to Discuss the point of right in contraversie betuixt the petitioner and Mr Robert Burnet of Glenbortrie and Mr Robert Irvine parsone of Towie anent the dispositione made by the said Jean Douglas Ladie Glenbucket petitioner to them of her Liferent and betuixt the said Adam Gordon of Glenbucket defender in whose persone the right of the said dispositione Stands now transferred and in the mean tyme Superceeds to give Sentance upon the point of ryot untill the point anent the dispositione remitted to the Lords of Sessione be discust and determined And the saids Lords of his majesties privie Counsell haveing this day considered ane other petitione Given in to them by the said Jean Dowglas Lady Glenbwcket they heirby recomend to the Lords of Counsell and Sessione to discuss the point of right mentioned in the Counsells above interloquitor of the date the third of December Jaj vic nyntie Six and that Sumarlie without abideing the course of the roll and prorogats the dilligence at the petitioners instance for proveing the points of the lybell at her instance against her Son untill the fiftein day of Jwne next to come and allowes the wittnesses cited in that mater to be receaved by the Comitie alreadie appointed to examine them Anent the petitione given in to the Lords of his majesties privie Counsell be Alexander Heriot Shewing That wheras ther Lordships Servant and petitioner Alexander Heriot being ane teacher of book keepeing and hath applyed himself to find out and give easie directiones in the method of compt and reckning And for that end hath prepared severall tables with ane discriptione book for the applicatione therof which hath putt the petitioner to great paines and trouble which he hopes will be of great advantage to the publict the Same being now presentlie in the printing press for publishing therof And feareing that others efter its publicatione will cause reprint the said book and tables aither at home or abroad and so vend and sell the same in this kingdome wherby the petitioner would be frustrat both of his great paines and of the money bestowed by him And therfore humblie craveing to the effect eftermentioned As the said petitione bears The saids Lords of his majesties privie Counsell haveing considered the above petitione They heirby discharge any persones whatsoever to reprint or import into this kingdome the foirsaid book intituled Ane Descriptione book with tables of exchange and aboverent for dayes moneths and yeirs for the space of nyntin yeirs efter the date heirof under the paine of confiscatione of the same to the petitioner who is author therof And for publicatione of the presents allowes the Same to be printed

Att Edinburgh the Eleventh Day of Febrwary Jaj vic nyntie seven yeirs

D1697/2/141

Decreet

Decreit Lady Glenbucket

Anent the lybell or Letters of Complaint raised befor the Lords of his majesties privie Counsell at the instance of Jean Douglas Lady Glenbucket with concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater wnderwritten Makeing mention That wher the Said Complainer being by her contract of mariadge by her deceast husband provided to have her liferent of Ane Thowsand merks yeirlie of frie rent owt of the best of her husbands Lands nearest adjacent to the house of Glenbucket and in corroboratione therof granted ane dispositione but prejudice of any clause that might contribute for the Complainers well and wtilitie of the Soume of ane thousand merks of yeirlie frie rent out of the particular Lands and mylne mentioned in the dispositione and granted ane precept of seasine for that effect dated the fiftein of October Jaj vic Seventie five yeirs wherupon accordinglie the Complainer was infeft the Complainer did efter her husbands decease in the yeir Jaj vic nyntie thrie enter into the possessione of the maynes and house of Glenbucket and uplifted Some of the rents of the Complainers Liferent Lands owt of which fond She did aliment her eight childrein till May Last Att which tyme Adam Gordon the complainers eldest sone being instigat by severall persones did on the […] Day of May Last or ane or other of the dayes of the said moneth when the said complainer was comeing South to take advice anent her affairs and being advanced a great part of her Journey the said Adam Gordon most wnaturallie wnchristeanlie and barbarouselie Shakeing of all fear of God and the filiall dwetie he owes his parents folloued efter the Complainer with armed force designeing to bring her back and She declyneing he avowed to Dragg her back at horses taills And in prosecutione therof he with Severall others that were with him Laid violent hands on the Complainer and threw her Severall tymes to the grownd to the great effusione of her blood and Dragged her captive back again the way or forth which is thrie mylls Distant from her house And when he was come to the house of Glenbucket he caused keep the complainer closs prisoner therin for the Space of threttie dayes without allowing her the necessarie meanes of Subsistance and attendance and truelie She could hardlie2 eat any thing althowgh it had bein offered as it was not for fear of being poisoned and if it had not bein by the charitie of neighboures who in Some pairt Supplied her necessitie She had undoubtedlie Starved and while She was thus prisoner he the said Adam Gordon Secured all the Doors of the house and house hold furniture and violentlie Dispossessed her of all and neither Left her nor her childrein any mean of Subsisting yea not so much as her weareing cloathes bot was glad to escape with her life And also Seazed upon and abstracted her whole wrytes and evidents And Likewayes did violentlie at his own hand enter to the possessione and to the uplifting of the maills and Dweties of her Said Liferent Lands By all which it is evident that the said Adam Gordoune is gwiltie of a most heynows and unnaturall cryme And therfor he ought not onlie to be Decerned by our Saids Lords of privie Counsell Summarlie to repossess the said Complainer in the foirsaids houses household furniture and whole writes and all other goods and growing cropt upon the Maynes of Glenbucket But also owght to be Decerned in Ane Thousand merks yeirlie of frie rent to be payed to the Said Complainer out of the first and readiest of the maills and Dueties of her deceast husbands Lands And that as ane propper and competent aliment to the said Complainer And furder to be pwnished in his persone and goods to the terror of others And anent the charge given to the said defender to have compeared personallie befor the saids Lords of privie Counsell at ane certaine day now by past to have ansuwered to the grounds of the above complaint And to have heard and Sein Such order and Course taken theranent as the Saids Lords Should think fitt under the paine of rebellione etc As in the principall lybell or Letters of Complaint and executiones therof at more lenth is contained which lybell or Letters of complaint being upon the third of September Last bypast called in presence of the saids Lords of privie Counsell And the persewer Compeareing personallie with Mr George Alexander her advocat And the defender also compeareing personallie with Mr William Calderwood his advocat Both pairties Lawiers being fullie heard And the Saids Lords haveing considered the lybell togither with the petitione given in by the defender they admitted the lybell to the persewers probatione And the wittnesses present haveing made faith The Lords appointed a Comittie for examineing these wittnesses and discussing the objectiones which might be made against them And allowed furder Dilligence against Such of the wittnesses as have bein cited and have not compeared And allowed the Comittie to examine the wittnesses upon Such pertinent interrogators as the defender Should give in And ther haveing bein Severall wittnesses adduced befor this Comitie The Said Jean Douglas Lady Glenbucket gave in a petitione to his majesties Commissioner and the Saids Lords of privie Counsell And the Laird of Glenbucket her son gave in ane other by way of ansuer therto And both petitiones being upon the threttie day of the Said moneth of September Last bypast read in presence of his majesties Comissioner and the Saids Lords His Grace and ther Lordships by ther interloqwitor of that dayes date appointed a Comitie for heareing of both pairties and to endeavoure to Setle and agrie them and in caise of difficultie to report to the Counsell Therefter The Saids Lords of his majesties privie Counsell by ther interloquitor of the threttein day of October Jaj vic nyntie Six yeirs upon a petitione given in to them by the said Lady […] Glenbucket they appointed ane other Comittie to meet with the perseuer and her son and to endeavor to setle and Agrie them in the lybell foirsaid depending at her instance against the defender befor the privie Counsell And in caice they Should not agrie then allowed a furder dilligence by Caption at the Ladyes instance against the wittnesses alreadie cited by her and not examined and alloued the Comitie formerlie appointed to examine these wittnesses And Decerned and ordained the defender to make payment to the persewer of Ane Hundereth punds Scotts And the saids Lords of privie Counsell By ther interloquitor of the date the third of December Jaj vic nyntie Six yeirs upon a bill given in to them be the said Lady Glenbucket added Ane hundered punds Scotts to the hundered punds in the foirsaid interloquitor of the threttein of October Last makeing both togither the Soume of Two Hundereth punds Scotts And decerns and ordains the Said Adam Gordon of Glenbucket Defender to make payment to the said Jean Douglas Ladie Glenbucket his mother persewer of the said soume of Two Hundereth punds for her present aliement and Subsistance and ordaines Letters of horneing to be direct on fiftein dayes at the Ladyes instance against her son and others needfull wnder the Signet of Counsell and Remits to the Lords of Sessione to Discuss the point of right in contraversie betuixt the petitioner and Mr Robert Burnet of Glenbortrie and Mr Robert Irvine parsone of Towie anent the dispositione made by the said Jean Douglas Ladie Glenbucket petitioner to them of her Liferent and betuixt the said Adam Gordon of Glenbucket defender in whose persone the right of the said dispositione Stands now transferred and in the mean tyme Superceeds to give Sentance upon the point of ryot untill the point anent the dispositione remitted to the Lords of Sessione be discust and determined And the saids Lords of his majesties privie Counsell haveing this day considered ane other petitione Given in to them by the said Jean Dowglas Lady Glenbwcket they heirby recomend to the Lords of Counsell and Sessione to discuss the point of right mentioned in the Counsells above interloquitor of the date the third of December Jaj vic nyntie Six and that Sumarlie without abideing the course of the roll and prorogats the dilligence at the petitioners instance for proveing the points of the lybell at her instance against her Son untill the fiftein day of Jwne next to come and allowes the wittnesses cited in that mater to be receaved by the Comitie alreadie appointed to examine them Anent the petitione given in to the Lords of his majesties privie Counsell be Alexander Heriot Shewing That wheras ther Lordships Servant and petitioner Alexander Heriot being ane teacher of book keepeing and hath applyed himself to find out and give easie directiones in the method of compt and reckning And for that end hath prepared severall tables with ane discriptione book for the applicatione therof which hath putt the petitioner to great paines and trouble which he hopes will be of great advantage to the publict the Same being now presentlie in the printing press for publishing therof And feareing that others efter its publicatione will cause reprint the said book and tables aither at home or abroad and so vend and sell the same in this kingdome wherby the petitioner would be frustrat both of his great paines and of the money bestowed by him And therfore humblie craveing to the effect eftermentioned As the said petitione bears The saids Lords of his majesties privie Counsell haveing considered the above petitione They heirby discharge any persones whatsoever to reprint or import into this kingdome the foirsaid book intituled Ane Descriptione book with tables of exchange and aboverent for dayes moneths and yeirs for the space of nyntin yeirs efter the date heirof under the paine of confiscatione of the same to the petitioner who is author therof And for publicatione of the presents allowes the Same to be printed

1. NRS, PC2/26, 334r-337r.

2. The word ‘do’ scored out here.

1. NRS, PC2/26, 334r-337r.

2. The word ‘do’ scored out here.

Act, 11 February 1697, Edinburgh

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Att Edinburgh the Eleventh Day of Febrwary Jaj vic nyntie seven yeirs

D1697/2/131

Act

Act Recalling Henry Insgars act against Gairsey

Anent the petitione given in to the Lords of his majesties privie Counsell be Henry Inshgar in Orkney Shewing That wher the petitioner haveing ane Long and Litigiows actione Depending be for ther Lordships at his instance against William Dowglas of Egilshaw principall pairtie called and William Craigie of Gairsey then Stewart deput of Orkney complexlie which hes exhausted all the meanes the petitioner had and therby rendered him and his poor familie miserable and which actione being called befor ther Lordships ther was ane act past in favoures of the petitioners of Date the tenth of november Last by past against William Craigie of Gairsey for productione of the report of ane Comissione direct to him as Stewart foirsaid with the process and depositiones of the wittnesses and that att and against the first Counsell day of Februarie next to come Jaj vic nyntie seven yeirs And now seing the petitioner is depaupered by the said actione and not able to mentaine himself the dependance of the said actione haveing non to own him But askes Law for the Lords Sake and as the Justnes of his cause requyres And therfor humblie craveing in maner therin mentioned As the said petitione bears The Saids Lords of his majesties privie Counsell haveing considered the above petitione with the petition be way of ansuer made therto be Sir William Craigie of Gairsey they heirby refwse the desyre of the said Henry Insgar his petitione and recalls the act of Counsell formerlie pronunced at the petitioners instance against the said Sir William Craigie of Gairsey of the date the tenth of November Jaj vic nyntie Six ordaineing him to produce the report of the Commissione mentioned in the said act in respect it is not instructed that any Such Comissione was ever granted

Att Edinburgh the Eleventh Day of Febrwary Jaj vic nyntie seven yeirs

D1697/2/131

Act

Act Recalling Henry Insgars act against Gairsey

Anent the petitione given in to the Lords of his majesties privie Counsell be Henry Inshgar in Orkney Shewing That wher the petitioner haveing ane Long and Litigiows actione Depending be for ther Lordships at his instance against William Dowglas of Egilshaw principall pairtie called and William Craigie of Gairsey then Stewart deput of Orkney complexlie which hes exhausted all the meanes the petitioner had and therby rendered him and his poor familie miserable and which actione being called befor ther Lordships ther was ane act past in favoures of the petitioners of Date the tenth of november Last by past against William Craigie of Gairsey for productione of the report of ane Comissione direct to him as Stewart foirsaid with the process and depositiones of the wittnesses and that att and against the first Counsell day of Februarie next to come Jaj vic nyntie seven yeirs And now seing the petitioner is depaupered by the said actione and not able to mentaine himself the dependance of the said actione haveing non to own him But askes Law for the Lords Sake and as the Justnes of his cause requyres And therfor humblie craveing in maner therin mentioned As the said petitione bears The Saids Lords of his majesties privie Counsell haveing considered the above petitione with the petition be way of ansuer made therto be Sir William Craigie of Gairsey they heirby refwse the desyre of the said Henry Insgar his petitione and recalls the act of Counsell formerlie pronunced at the petitioners instance against the said Sir William Craigie of Gairsey of the date the tenth of November Jaj vic nyntie Six ordaineing him to produce the report of the Commissione mentioned in the said act in respect it is not instructed that any Such Comissione was ever granted

1. NRS, PC2/26, 333v-334r.

1. NRS, PC2/26, 333v-334r.

Procedure: judicial proceedings, 11 February 1697, Edinburgh

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Att Edinburgh the Eleventh Day of Febrwary Jaj vic nyntie seven yeirs

D1697/2/121

Procedure: judicial proceedings

Remit Carstarphine against Brwce

Anent the lybell or Letters of Complaint raised and perswed befor the Lords of his majesties privie Counsell at the instance of John Corstorphine yownger of Nydie with concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater wnderwrittin Mentioning That Forasmuch as the preserveing and mentaineing of Coallwork is of publict interest and concerne in which the Lords of our privie Counsell are in wse to interpose Summarlie for mentaineing of all contracts and partiones tending to the carying on of Such publict works And true that by contract of the date the Second day of August Jaj vic nyntie five betuixt William Brwce of Pitterthie and the complainer It was agried that they Should Sett doun one water sink and pay the expenss eqwallie wherby they are bound that als Long as aither of ther coallhewghs Should Last and the said wall sink Should serve for aither of ther benefites that the water men Should be payed eqwallie betuixt them and that if any of them Should Sett Downe ane other Sink Deeper the pairtie who desyres the Same Should Doe it upon his propper charges And if it Should happen the said other coallsink to dry and benefite aither pairtie Both became obleidged to pay watermen equallie ther being onlie two for each pairtie As also in caice the coall belonging to the said William Brwce Should faill he obleidged him to Suffer the Said Complainer to make wse of the Sinks And accordinglie ther being one Sink Sett Downe at mutwall expensses which was Sufficient for workeing the complainers coall and Pitterthie apprehending it advantageous for his coall to sett downe a sink deeper the said Complainer according to the foirsaid contract was willing to pay two watermen and finding the water increasce and that the Setting Downe of the other Sink to his great prejudice He Did notwithstanding offer to furnish four men for Drawing water out of the Last Sink which Pitterthie refwised to accept of requyreing Six And the Said Complainer nether being obleidged or willing to affoord Soe great a number The Defender or others in his name and by his warrand did threatten the said Complainers watermen for working in the first Sink declaireing that they would violentlie remove them or throw them in the Sink And the said defender hath withdrawen his proportione of the watermen tho he be expresslie bownd to fwrnish the eqwall half soe long as the said first Sink is wsefull to aither And Still withdrawing his men Since the midle of November Jaj vic and nyntie Six wherby the Said Complainer is greatlie Damnified in als far as he is obleidged to Draw the water whollie upon his own charge and the water is so increasced that thrie of five roumes in the said Complainers coallhewghs are drouned which Dammadge will amownt to the Soume of […] for bygones besyde the daylie Damnadge of expensses for intertaineing of eight watermen And therfore the said William Brwce of Pitterthie owght and Should be decerned by the Lords of our privie Counsell ther Decreit not only to make payment to the said Complainer of the said Soume of […] of Damnadge for bygones And […] of Daylie Damnadge Since Syne and in tyme comeing But also to furnish one rqwall half of the water men that Shall be necessarie for Drawing of water owt of the said Sink So Long as the Same Shall be necessarie for the Said Complainers work or Sixpence per Diem and als much per noctem for each water man falling to the defenders Share which Shall not be truely furnished And owght and Should be otherwayes pwnished in his persone and goods to the example and terror of others to Doe the lyke in tyme comeing And anent the charge given to the said Defender to have compeared personallie befor the Saids Lords of privie Counsell at ane certaine day now bygone to have ansuered to the grounds of the above complaint And to have heard and Sein Such order and course taken theranent as the said Lords Should think fitt under the paine of rebellion etc As in the principall lybell or Letters of complaint and executiones therof at more Lenth is contained Which lybell being this day called in presence of the saids Lords of privie Counsell And the said John Corstorphin persuer Compeareing by mr Mungo Carnegie Advocat his procurator and the said William Brwce of Pitterthie Compareing personallie The saids Lords haveing considered the said lybell and heard both pairties They heirby of Consent of Both pairties have remitted and hereby remits the foirsaid lybell to be insisted in and persewed befor the Jwdge ordinarie via ordinaria and to be discust and determined by them

Att Edinburgh the Eleventh Day of Febrwary Jaj vic nyntie seven yeirs

D1697/2/121

Procedure: judicial proceedings

Remit Carstarphine against Brwce

Anent the lybell or Letters of Complaint raised and perswed befor the Lords of his majesties privie Counsell at the instance of John Corstorphine yownger of Nydie with concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater wnderwrittin Mentioning That Forasmuch as the preserveing and mentaineing of Coallwork is of publict interest and concerne in which the Lords of our privie Counsell are in wse to interpose Summarlie for mentaineing of all contracts and partiones tending to the carying on of Such publict works And true that by contract of the date the Second day of August Jaj vic nyntie five betuixt William Brwce of Pitterthie and the complainer It was agried that they Should Sett doun one water sink and pay the expenss eqwallie wherby they are bound that als Long as aither of ther coallhewghs Should Last and the said wall sink Should serve for aither of ther benefites that the water men Should be payed eqwallie betuixt them and that if any of them Should Sett Downe ane other Sink Deeper the pairtie who desyres the Same Should Doe it upon his propper charges And if it Should happen the said other coallsink to dry and benefite aither pairtie Both became obleidged to pay watermen equallie ther being onlie two for each pairtie As also in caice the coall belonging to the said William Brwce Should faill he obleidged him to Suffer the Said Complainer to make wse of the Sinks And accordinglie ther being one Sink Sett Downe at mutwall expensses which was Sufficient for workeing the complainers coall and Pitterthie apprehending it advantageous for his coall to sett downe a sink deeper the said Complainer according to the foirsaid contract was willing to pay two watermen and finding the water increasce and that the Setting Downe of the other Sink to his great prejudice He Did notwithstanding offer to furnish four men for Drawing water out of the Last Sink which Pitterthie refwised to accept of requyreing Six And the Said Complainer nether being obleidged or willing to affoord Soe great a number The Defender or others in his name and by his warrand did threatten the said Complainers watermen for working in the first Sink declaireing that they would violentlie remove them or throw them in the Sink And the said defender hath withdrawen his proportione of the watermen tho he be expresslie bownd to fwrnish the eqwall half soe long as the said first Sink is wsefull to aither And Still withdrawing his men Since the midle of November Jaj vic and nyntie Six wherby the Said Complainer is greatlie Damnified in als far as he is obleidged to Draw the water whollie upon his own charge and the water is so increasced that thrie of five roumes in the said Complainers coallhewghs are drouned which Dammadge will amownt to the Soume of […] for bygones besyde the daylie Damnadge of expensses for intertaineing of eight watermen And therfore the said William Brwce of Pitterthie owght and Should be decerned by the Lords of our privie Counsell ther Decreit not only to make payment to the said Complainer of the said Soume of […] of Damnadge for bygones And […] of Daylie Damnadge Since Syne and in tyme comeing But also to furnish one rqwall half of the water men that Shall be necessarie for Drawing of water owt of the said Sink So Long as the Same Shall be necessarie for the Said Complainers work or Sixpence per Diem and als much per noctem for each water man falling to the defenders Share which Shall not be truely furnished And owght and Should be otherwayes pwnished in his persone and goods to the example and terror of others to Doe the lyke in tyme comeing And anent the charge given to the said Defender to have compeared personallie befor the Saids Lords of privie Counsell at ane certaine day now bygone to have ansuered to the grounds of the above complaint And to have heard and Sein Such order and course taken theranent as the said Lords Should think fitt under the paine of rebellion etc As in the principall lybell or Letters of complaint and executiones therof at more Lenth is contained Which lybell being this day called in presence of the saids Lords of privie Counsell And the said John Corstorphin persuer Compeareing by mr Mungo Carnegie Advocat his procurator and the said William Brwce of Pitterthie Compareing personallie The saids Lords haveing considered the said lybell and heard both pairties They heirby of Consent of Both pairties have remitted and hereby remits the foirsaid lybell to be insisted in and persewed befor the Jwdge ordinarie via ordinaria and to be discust and determined by them

1. NRS, PC2/26, 332r-333v.

1. NRS, PC2/26, 332r-333v.

Sederunt, 11 February 1697, Edinburgh

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Att Edinburgh the Eleventh Day of Febrwary Jaj vic nyntie seven yeirs1

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Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forffar; Lord Yester; Lord John Hamiltown; Viscount Tiviot; Lord Montgomery; Lord Raith; Lord Belhaven; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Justiceclerk; Lord Hallcraig; Laird of Pollock; Laird of Ballhousie

Att Edinburgh the Eleventh Day of Febrwary Jaj vic nyntie seven yeirs1

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Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forffar; Lord Yester; Lord John Hamiltown; Viscount Tiviot; Lord Montgomery; Lord Raith; Lord Belhaven; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Justiceclerk; Lord Hallcraig; Laird of Pollock; Laird of Ballhousie

1. NRS, PC2/26, 332r.

2. NRS, PC2/26, 332r.

1. NRS, PC2/26, 332r.

2. NRS, PC2/26, 332r.

Order, 11 February 1697, Edinburgh

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Att Edinburgh the Eleventh day of February Jaj vic nyntie seven years

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Order

Recommendation to The Earle of Lauderdale to shutt up the meeting house at Muntainhall

The Lords of his Majesties privy Councill Having Considered the Interloquitor of the date the seventh day of May Last bypast wherby they ordaine and appoint the place att Muntainhall wher vagrant and uncertain persons Come and presume to preach and exercise other parts of the Ministeriall function to be Shutt up And Have appointed the shirreff principall or his deputs and other Magistrats of the place to shutt up the same as they will be ansuerable And being Informed that the forsaid Interloqutor is not as yet obeyed They Hereby Recommend to John Earle of Lauderdale Lord of the regality of Musleburgh uithin which the said place Lyes to take care that the said Interloquitor be obeyed and the forsaid place at Muntainhall which lyes uithin the said regality be Shutt up as above appointed.

Att Edinburgh the Eleventh day of February Jaj vic nyntie seven years

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Order

Recommendation to The Earle of Lauderdale to shutt up the meeting house at Muntainhall

The Lords of his Majesties privy Councill Having Considered the Interloquitor of the date the seventh day of May Last bypast wherby they ordaine and appoint the place att Muntainhall wher vagrant and uncertain persons Come and presume to preach and exercise other parts of the Ministeriall function to be Shutt up And Have appointed the shirreff principall or his deputs and other Magistrats of the place to shutt up the same as they will be ansuerable And being Informed that the forsaid Interloqutor is not as yet obeyed They Hereby Recommend to John Earle of Lauderdale Lord of the regality of Musleburgh uithin which the said place Lyes to take care that the said Interloquitor be obeyed and the forsaid place at Muntainhall which lyes uithin the said regality be Shutt up as above appointed.

1. NRS, PC1/51, 112.

1. NRS, PC1/51, 112.

Order, 11 February 1697, Edinburgh

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Att Edinburgh the Eleventh day of February Jaj vic nyntie seven years

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Order

Recommendation to The Thesaury Anent 7 men in debate betwixt Roxburgh and Drumfreis

The Lords of his Majesties privy Councill Considering that there are seven men deficient betuixt the shires of Roxburgh and Selkirk and the shire of Drumfreis in the Levy for this present year Jaj vic nyntie seven They heirby superceed the Giving any sentence in this matter But Remitts the same Intirely to the Consideration and determination of the next ensuing parliament And In the mean tyme that his Majesties service in the present Levy may not be prejudged by the Differences betuixt the saids shires The Saids Lords Recommends to the Lords Commissioners of his Majesties Thesaury to advance by way of Loan to the officer to whom Colonell George Hamilton shall appoint the said seven men or Fourtie shillings sterling for each man upon the officers bond or sufficient security That he shall refound the Men or money So soon as he shall receave the same from aither of the forsaids shires who shall be found Lyable by the parliament in the outreik of these Men.

Att Edinburgh the Eleventh day of February Jaj vic nyntie seven years

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Order

Recommendation to The Thesaury Anent 7 men in debate betwixt Roxburgh and Drumfreis

The Lords of his Majesties privy Councill Considering that there are seven men deficient betuixt the shires of Roxburgh and Selkirk and the shire of Drumfreis in the Levy for this present year Jaj vic nyntie seven They heirby superceed the Giving any sentence in this matter But Remitts the same Intirely to the Consideration and determination of the next ensuing parliament And In the mean tyme that his Majesties service in the present Levy may not be prejudged by the Differences betuixt the saids shires The Saids Lords Recommends to the Lords Commissioners of his Majesties Thesaury to advance by way of Loan to the officer to whom Colonell George Hamilton shall appoint the said seven men or Fourtie shillings sterling for each man upon the officers bond or sufficient security That he shall refound the Men or money So soon as he shall receave the same from aither of the forsaids shires who shall be found Lyable by the parliament in the outreik of these Men.

1. NRS, PC1/51, 112.

1. NRS, PC1/51, 112.

Act, 11 February 1697, Edinburgh

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Att Edinburgh the Eleventh day of February Jaj vic nyntie seven years

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Act

Liberation Menzies and Smith

The Lords of his Majesties privy Councill Having Considered the verball report of Sir James Steuart his Majesties Advocat That he Cannot find probation against John Menzies prisoner in the tolbooth of Edinburgh for false Coyne And having Considered a Consent by the said John to goe serve as a Souldier in Flanders And Having Lykewayes Considered the said Lord Advocats report Anent William Smith sent from Forfar for Killing of a Chyld accidentallie That his Lordship Cannot find sufficient probation against him And having Considered the said William his Consent if he be found Innocent to Goe to Flanders to serve ther as a Souldier subscribed by the Lord Advocat and Sir Patrick Home sollicitor In respect the said William has declared he Cannot wryte The Saids Lords of his Majesties privy Councill Doe heirby Give order and warrand to the magistrats of Edinburgh and Keeper of their tolbooth To delyver the said John Menzies and William Smith to Colonell […] Steuart to be Carryed by him abroad as souldiers for his Majesties service in Flanders The saids tuo persons first Enacting themselves in the books of privie Councill That they shall never returne to his Majesties dominions uithout his Majesties or the Councills warrand for that effect The said Lord Advocat first before extracting herof producing to the Clerks of Counsell a testificat under the hands of the Magistrats of Forfar Anent the manner of the Slaughter Committed by the said William Smith uith a note under the Lord Advocats hand Bearing that the testificat does sufficiently Instruct the killing of the said Chyld to be meerly accidentall or Casuall.

Att Edinburgh the Eleventh day of February Jaj vic nyntie seven years

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Act

Liberation Menzies and Smith

The Lords of his Majesties privy Councill Having Considered the verball report of Sir James Steuart his Majesties Advocat That he Cannot find probation against John Menzies prisoner in the tolbooth of Edinburgh for false Coyne And having Considered a Consent by the said John to goe serve as a Souldier in Flanders And Having Lykewayes Considered the said Lord Advocats report Anent William Smith sent from Forfar for Killing of a Chyld accidentallie That his Lordship Cannot find sufficient probation against him And having Considered the said William his Consent if he be found Innocent to Goe to Flanders to serve ther as a Souldier subscribed by the Lord Advocat and Sir Patrick Home sollicitor In respect the said William has declared he Cannot wryte The Saids Lords of his Majesties privy Councill Doe heirby Give order and warrand to the magistrats of Edinburgh and Keeper of their tolbooth To delyver the said John Menzies and William Smith to Colonell […] Steuart to be Carryed by him abroad as souldiers for his Majesties service in Flanders The saids tuo persons first Enacting themselves in the books of privie Councill That they shall never returne to his Majesties dominions uithout his Majesties or the Councills warrand for that effect The said Lord Advocat first before extracting herof producing to the Clerks of Counsell a testificat under the hands of the Magistrats of Forfar Anent the manner of the Slaughter Committed by the said William Smith uith a note under the Lord Advocats hand Bearing that the testificat does sufficiently Instruct the killing of the said Chyld to be meerly accidentall or Casuall.

1. NRS, PC1/51, 111-12.

1. NRS, PC1/51, 111-12.

Act, 11 February 1697, Edinburgh

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Att Edinburgh the Eleventh day of February Jaj vic nyntie seven years

A1697/2/211

Act

Act The Laird of Kininmunth

The Lords of his Majesties privy Councill Having Considered a petition given in to them by Patrick Kininmunth of that ilk with a testificat mentioned therin and produced theruith And another petition given in to them by the Magistrats of Kirkcaldy They doe heirby Give order and warrand to the saids Magistrats of Kirkcaldy to Cause transport the said Patrick Kininmunth from their tolbooth to the tolbooth of Edinburgh under a sufficient guard And delyver him to the Magistrats of Edinburgh and Keeper of their tolbooth And ordaines them to receave and detaine him prisoner in their tolbooth untill the Councills further orders.

Att Edinburgh the Eleventh day of February Jaj vic nyntie seven years

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Act

Act The Laird of Kininmunth

The Lords of his Majesties privy Councill Having Considered a petition given in to them by Patrick Kininmunth of that ilk with a testificat mentioned therin and produced theruith And another petition given in to them by the Magistrats of Kirkcaldy They doe heirby Give order and warrand to the saids Magistrats of Kirkcaldy to Cause transport the said Patrick Kininmunth from their tolbooth to the tolbooth of Edinburgh under a sufficient guard And delyver him to the Magistrats of Edinburgh and Keeper of their tolbooth And ordaines them to receave and detaine him prisoner in their tolbooth untill the Councills further orders.

1. NRS, PC1/51, 111.

1. NRS, PC1/51, 111.

Act, 11 February 1697, Edinburgh

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Att Edinburgh the Eleventh day of February Jaj vic nyntie seven years

A1697/2/201

Act

Liberation Byres of Coatts

Anent the petition given in to the Lords of his Majesties privie Councill By John Byers of Coatts Sheuing That the petitioner by a former order of their Lordships was appointed to depart the Kingdome betuixt and the first day of Jannuary now bypast And having In obedience therunto Found Caution for that effect The petitioner was using his outmost Endeavours to putt his affairs in such order as he might be able to Give a punctuall obedience to their Lordships sentence when he was seised and Committed prisoner to the tolbooth wherby a stopp hath been putt to the ordering of his bussines and the day appointed by their Lordships former sentence Is Elapsed And therfore humbly Craving to the effect underwryten as the said petition bears The saids Lords of his Majesties privy Councill having Considered this petition given in to them by the said John Byres of Coatts They heirby Give order and warrand to the Magistrats of Edinburgh and Keeper of their tolbooth To sett the petitioner at Libertie furth therof In respect the petitioner before extracting heirof hath Given bond and found sufficient Caution acted in the books of privy Councill That he shall depart furth of his Majesties dominions with the first fleet of shipps that shall saile from Leith after the first day of March nixt to Come And that he shall not returne to his Majesties dominions uithout his Majesties or the Councills warrand for that effect And in the mean tyme that he shall Live peacably under and with all submission to the present Government of his Majestie King William And that he shall not Act Consult nor Contryve any thing in prejudice therof nor shall not Converss or Correspond with any rebells And that he shall appear before the saids Lords of his Majesties privy Councill whensoever he shall be Called for or required to that effect If Called for before the depatture out of his Majesties dominions under the penaltie of Three hundreth pounds Sterling In caise he shall transgress in any part of the premisses And the saids Lords appointes the petitioners former bond to be Given up to him.

Att Edinburgh the Eleventh day of February Jaj vic nyntie seven years

A1697/2/201

Act

Liberation Byres of Coatts

Anent the petition given in to the Lords of his Majesties privie Councill By John Byers of Coatts Sheuing That the petitioner by a former order of their Lordships was appointed to depart the Kingdome betuixt and the first day of Jannuary now bypast And having In obedience therunto Found Caution for that effect The petitioner was using his outmost Endeavours to putt his affairs in such order as he might be able to Give a punctuall obedience to their Lordships sentence when he was seised and Committed prisoner to the tolbooth wherby a stopp hath been putt to the ordering of his bussines and the day appointed by their Lordships former sentence Is Elapsed And therfore humbly Craving to the effect underwryten as the said petition bears The saids Lords of his Majesties privy Councill having Considered this petition given in to them by the said John Byres of Coatts They heirby Give order and warrand to the Magistrats of Edinburgh and Keeper of their tolbooth To sett the petitioner at Libertie furth therof In respect the petitioner before extracting heirof hath Given bond and found sufficient Caution acted in the books of privy Councill That he shall depart furth of his Majesties dominions with the first fleet of shipps that shall saile from Leith after the first day of March nixt to Come And that he shall not returne to his Majesties dominions uithout his Majesties or the Councills warrand for that effect And in the mean tyme that he shall Live peacably under and with all submission to the present Government of his Majestie King William And that he shall not Act Consult nor Contryve any thing in prejudice therof nor shall not Converss or Correspond with any rebells And that he shall appear before the saids Lords of his Majesties privy Councill whensoever he shall be Called for or required to that effect If Called for before the depatture out of his Majesties dominions under the penaltie of Three hundreth pounds Sterling In caise he shall transgress in any part of the premisses And the saids Lords appointes the petitioners former bond to be Given up to him.

1. NRS, PC1/51, 110-11.

1. NRS, PC1/51, 110-11.

Act, 11 February 1697, Edinburgh

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Att Edinburgh the Eleventh day of February Jaj vic nyntie seven years

A1697/2/191

Act

Liberation Mr John Eduards

The Lords of his Majesties privie Councill having Considered a petition given in to them by Mr John Eduards presently prisoner uithin the tolbooth of Edinburgh They heirby Give order and warrand to the Magistrats of Edinburgh and Keeper of their tolbooth To sett the petitioner at Liberty furth therof free of any payment of house dues And Recommends the Keeper of the said tolbooth to the Lords Commissioners of his Majesties Thesaury for payment of the said petitioners house dues In respect the petitioner before extracting heirof hath given bond and found sufficient Caution acted in the books of privy Councill That he shall Live peacably under and with all Submission to the present Government of his Majestie King William And that he shall not Act Consult nor Contryve any thing in prejudice therof nor shall not Converss or Correspond with any rebells And that he shall appear before the saids Lords of his Majesties privy Councill whensoever he shall be Called for or required to that effect under the penaltie of Four hundreth merks Scotts money In caise he shall transgress in any part of the premisses.

Att Edinburgh the Eleventh day of February Jaj vic nyntie seven years

A1697/2/191

Act

Liberation Mr John Eduards

The Lords of his Majesties privie Councill having Considered a petition given in to them by Mr John Eduards presently prisoner uithin the tolbooth of Edinburgh They heirby Give order and warrand to the Magistrats of Edinburgh and Keeper of their tolbooth To sett the petitioner at Liberty furth therof free of any payment of house dues And Recommends the Keeper of the said tolbooth to the Lords Commissioners of his Majesties Thesaury for payment of the said petitioners house dues In respect the petitioner before extracting heirof hath given bond and found sufficient Caution acted in the books of privy Councill That he shall Live peacably under and with all Submission to the present Government of his Majestie King William And that he shall not Act Consult nor Contryve any thing in prejudice therof nor shall not Converss or Correspond with any rebells And that he shall appear before the saids Lords of his Majesties privy Councill whensoever he shall be Called for or required to that effect under the penaltie of Four hundreth merks Scotts money In caise he shall transgress in any part of the premisses.

1. NRS, PC1/51, 110.

1. NRS, PC1/51, 110.