D1692/1/14
D1692/1/141
Procedure: remission
The Lybell the Countes of Weymes against David Mather called and Remitted to a Comittie to examin the witnesses.
1. NRS, PC2/24, 8v.
1. NRS, PC2/24, 8v.
D1692/1/13
D1692/1/131
Procedure
The Lords of their majesties privy Councill Haveing Considered the oath of alledgance taken by William Forbes of Ludquharne before John Earle of Erroll shireff principall of the shirefdom of Aberdein They Find the same is not in the preceise words of that oath as it is instruct in the act of Parliament And Therfore they Remitt the said William Forbes yet to take the said oath in the words of the said act and in the termes of ther majesties act of indemnity And appoints him to report the same to the Clerks of Councill betwixt and the tenth day of February nixt to come.
1. NRS, PC2/24, 8r-8v.
1. NRS, PC2/24, 8r-8v.
D1692/1/12
D1692/1/121
Warrant
The Lords of their majesties privy Councill haveing Considered the oath of alledgance taken by Charles Lord Frazer In presence of John Earle of Erroll shireff principall of the shirefdome of Aberdeen They Find the same to be in the termes of their majesties act of indemnity And therfore gives warrand to the Clerks of Councill to deliver up to the said Charles Lord Frazer the bonds Lying in ther hands subscribed by him and his Cautioners for his peacable behavior and appearance when called for Containeing the penalties of Two Hundred pund sterling and six Thousand merks.
1. NRS, PC2/24, 8r.
1. NRS, PC2/24, 8r.
D1692/1/11
D1692/1/111
Act
Anent a Petition given in to the Lords of ther Majesties privy Councill be the heritors fewars wodsetters Lyfrenters and others within the shyre of Banff Shewing That quher the petitioners haveing formerly represented to the saids Lords the abuses they did meit with from the garisones within the said shyre Bott more especiallie from the Garison of Ballindalloch, The governors ther haveing been in use contrary to all law to Impose exhorbitant quantities of meall malt Coalls, salt plends peitts and others and that some tymes the forsaid parrticulars ware converted to money and when any failled to obey these Illegall orders they ware quartured upon and necessitate to pay considerable sommes upon account of dificiencies The saids Lords upon this complaint by act dated the tenth of February last did appoint the Commissioners of the said shyre to take tryall of what damnadges the petitioner hade allready sustained by the forsaid garison and to report and in the mean tyme prohibited all such Illegall Impositiones and exactiones for the future and which act was accordingly intimat to John Stewart then governor of the forsaid garison, and not withstanding therof he did Impose up on the nixt adjacent paroches to the said Garison ten shilling upon each hundreth pund rent to be payed in monethly besydes pleinds, and that under the paine of quartering and being holden as disaffected to their Majesties government yet nevertheless the Commissioners of the forsaid shyre being unwilling to have any legall debates with any of their Majesties forces ware content to have superceided to make any farder tryall anent what damnadge the petitioners hade formerly sustained upon conditione that nothing should be Imposed or exacted from them Bot according to law for the future and the Commissioners and heritors of the forsaid Eight parishes ware content for the assistance of the forsaid Garrison to stent themselves dureing the tyme that the forsaid garrison should continue for payment of Fourscore loads of Peetts and ane stone of Candle monethly or two2 shilling scots for each hundred pund rent within the forsaid parishes and did agree that these who lived within thrie myles of the forsaid garrison should pay the peits and candle pas corpora and that these who lived at a greater distance should pay in their proportiones monethly conforme to the forsaid stent in money. Yett the forsaid governour haveing no regaird aither to the saids Lords act of the Commissioners of the said shyre, Did notwithstanding therof send for the parties upon all such as ware deficient in obeying his order in paying ten shilling for each hundred punds rent monethly upon which the heritors did send some of their number to him and did intreat that he would recall the forsaid parties which he haveing refused to doe Alexander Gordon of Auchindanch for himself and in name and behalf of the rest of the heritors and others concerned Did by forme of instrument intimat to Serjant Kerr Commander of the parties ordered out by the forsaid governor and who was quartering with ten men under his comand upon the paroches of Kith and Graing for not paying their proportiones of the forsaid Illigall Impositiones Conforme to the governers order, and did protest against him for all Coast skaith and damnadge they might sustaine incaice of his continueing to quarter or in caice he should offer to poynd upon the forsaid accompt and yet notwithstanding of all this the petitioners has been necessitate constantly since to pay Conforme to the forsaid Imposition ten shilling for each hundred pund rent monethly besydes plaids and and3 wher any ware deficient ther ware parties quartured on their house untill they payed, all quhich is instructed by the act of Councill, Act of the Commissioners Ther instrument taken against4 Serjant Ker and the governors orders and Discharges subscryved with his hand all therwith produced which the petitioners humbly Desyres the saids Lords would be pleased to consider By which it is clear how much the petitioners are abused and oppressed by the forsaid Garison contrar to all Law and Justice, Seing the Imposeing of Cess Is ane priviledge only competent to the king and Parliament and cannot be done by any Privat subject And the petitioners without the saids Lords Grant them redress of the forsaid abuses and appoint under highest penalties the present governor of the forsaid garisone to desist from useing such Illegall practisses in tyme comeing will be necessitate to disert and forsaik their intrests and to leave their lands waist to be possessed by the forsaid garison And seing the petitioners have behaved themselves as became dutifull subjects and have punctually payed their proportiones of all publict burdeens and Impositiones Imposed by law may therefore expect that the saids Lords will protect them against such high acts of oppressione as they daylie meett with from the forsaid garison And Therfore Humbly Craveing the saids Lords to take the premisses to their Consideratione and to expressly prohibit under all highest paines the present governor from Imposeing or exacting any such Illegall taxes and to allow the Commissioners of the forsaid shyre to take tryall and probatione and anent what damnadge the petitioners have allready sustained by the forces formerly quartured in the forsaid garisone and to report that therafter the saids Lords may doe therin as they shall find Just as the petitioners being The Lords of ther majesties Privy Councill Haveing Considered this petitione given in to them be the heritors of Banffshyre with the wrytes mentioned therin and proiduced therwith They heirby give power and Commission to the Commissioners of supplie within the shyre of Banff to take tryall and probatione (in the termes of the acts and proclamatione of Councill made anent the accompts resting be their majesties forces to the Countrey) of what damnadge the inhabitants of the shyre have Sustained be the above John Stewart governor of Ballindalloch or the souldiers under his command quherall he was governor of the said Garison and appoints the said Commissioners to make intimatione to the said John Stewart of their first dyets of meetting in this matter, And therafter from tyme to tyme apud acta, And to Requyre and allow him to be present therat, And appoints the saids Commissioners to make report to the Lords of Privy Councill of their procedure in this matter.
1. NRS, PC2/24, 6v-8r.
2. The word ‘hundreth’ scored out here.
3. Sic.
4. The word ‘the’ scored out here.
1. NRS, PC2/24, 6v-8r.
2. Meaning not clear.
D1692/1/10
D1692/1/101
Petition
Petition be Mr John and David Beathuns and others bursers in St Andrewes read and delayed till the Comittie anent the half moneths cess to that Collodge make their report.
1. NRS, PC2/24, 6v.
1. NRS, PC2/24, 6v.
D1692/1/9
D1692/1/92
Sederunt
Marquis of Douglas; Earl of Crawfurd Preces; Earl of Mortoune; Earl of Leven; Viscount Stair; Lord Raith; Lord Ruthven; Master of Burleigh; Lord Halton; Lord Aberuchill; Lord Fountonhall; Laird of Pollock; Laird of Leyes; Sir Thomas Livingston
1. NRS, PC2/24, 6v.
2. NRS, PC2/24, 6v.
1. NRS, PC2/24, 6v.
2. NRS, PC2/24, 6v.
A1692/1/26
A1692/1/261
Procedure: remission
The Councell Remitts all petitiones given in to them for bygone arrears to the Lords of their Majesties Thesaurie to be Considered and determined be ther Lordships viz Memoriall for the late disbanded officers petitione The officers of Blantyrs regiment petition James Muntgomery and other officers of severall regiments petitione Helen Kerr for her deceast husbands bygone invalid pensione resting before his decease petition William Kerr and Andrew Johnstoun for their arrears petition Major Archibald Rollo petition James Gibsone petition The officers of Collonell Cunninghams regiment petition Martha Kirkwood petitione officers of Angus regiment petitione George Gordoune petitione John McKenzie
1. NRS, PC1/47, 571.
1. NRS, PC1/47, 571.
A1692/1/25
A1692/1/251
Act
The Lords of their Majesties privie Councell Considering that by their Act of the date the third day of february Jaj vjc nyntie one years upon a representatione made to them Be Sir Thomas Livingstoune Commander in cheiff of their Majesties forces within this kingdome They did nominat and appoynte William Carrmack wryter in Edinburgh to serve as Clark to the said Sir Thomas In respect ther was noe secretary of warr named by the Kings Majestie And Recommended to the Lords Commissioners of their Majesties Thesaurie to Cause payment be made to the said William of three shilline sterline per diem as Clark to the said Sir Thomas untill his Majestie should returne to England That his royall pleasure might be knouen in this matter And Sir Thomas having this day represented to the saids Lords of Councell That his Majestie hes not as yet nominat any persone to be secretarie of warr And that Sir Thomas hes putt the said William Carrmack from his service as Clark upon the account of his malversatione And that he hes Imployed John Aitkine wryter in Edinburgh to serve as Clark to him who accordingly hes continoued in and exerced the said office of Clark since the sixteenth day of June last Inclusive And therfore humbly Craved That the Lords of Councell would authorize the said John Aitkine in the forsaid office untill his Majesties pleasure be knouen anent the secretary of warr And that their Lordships would recommend the said John to the Lords of Thesaurie for payment of the sallarie alloued to the said William Carrmack since the tyme forsaid that the said William was putt from and the said John Entered to the said office The saids Lords doe heirby authorize and appoynte the said John Aitkine to serve as Clerk to the said Sir Thomas ay and while his Majesties pleasure be knouen in this matter And Recomends to the Lords of Thesaury to Cause payment be made to the said John of three shillines sterline per diem during his service Comencing from the said sixteenth of June
1. NRS, PC1/47, 570.
1. NRS, PC1/47, 570.
A1692/1/24
A1692/1/241
Act
Anent a petitione given In to the Lords of their Majesties privie Councell Be Gilbert Greirsone of Chappell and Robert Maxuell of Steilstoune For themselves and In name and behalf of the remanent Heretors Lyferenters and parochners of the paroch of Dunscore within the shyre of Nithsdale and presbytrie of Drumfreis Sheuing That wher by the river of Cairn divyding and lying Interjected betuixt the said Church and a Great part of the paroch The paroshners are not only Impeded when ther is the least speat of water therin from repairing to the said Church for participating of the ordinances But also severalls not only of the parochners But other straingers travellers Have been lost with[in] the said water Considering it divydes severall Commone Highwayes Directing travellers from Galloway to Edinburgh Glasgow and other places And in respect of the Late Act of parliament appoynting vaccancies to be Imployed for pious uses within the paroches vaccant and their Majesties being patrones of the forsaid Church which lies vaccant now2 for the mertimes Jaj vjc nyntie one And Having made severall applicationes to the presbytrie of Drumfreis for a visitatione and a representatione to their Lordshipps of the caise of the said water Loss sustained therby And the Conveniency and necessity of building a bridge the[r]upon Att lenth the presbytrie hes given a report in the termes above represented of the said water supplicating their Lordshipps for applying soe much of the saids vaccances of the said church of Dunscore as would build the said bridge as the report and request of the presbytrie produced uith the said petitione in itself proports And the supplicants being Content to find sufficient Cautione to make a just applicatione of what shall be bestoued be their Lordships for building of the said Bridge and to be Comptable to them for the overplus And therfore Humblie Craving their Lordshipps to appoynte the forsaid half year of Jaj vjc nynty one now vaccant to be payed in to them upon Cautione to be applyed for the building of the bridge upon the said water of Cairn as the said petitione Bears The saids Lords of their Majesties privie Councell having considered this petitione given in to them be the Heretors of the paroch of Dunscore with the report of the presbytrie mentioned therin and produced therwith They allow to the petitioners the stipend of the kirk of Dunscore for the last halfe of the cropt and year of God Jaj vjc nyntie one and nominats and appoyntes Gilbert Greirsone of Chappell to be factor for uplifting of the said halfe years stipend which is to be imployed by him for building of a bridge upon the water of Cairne And ordaines him to be readily ansuered obeyed and payed of the said stipend by the Heretors Fewers wodsetters and others lyable in payment of the samen And ordaines Letters of horning at the said Factors instance against them for that effect He producing a decreit of Locality And in case ther be none ordaines these lyable to make payment to him of their respective proportiones of the said half years stipend according as they shall found sufficient Cautione acted in the books of privy Councell That he shall Imploy the said halfe years stipend heirby ordaines to be payed to him upon the building of the said bridge upon the said water of Cairn
1. NRS, PC1/47, 569-70.
2. Insertion.
1. NRS, PC1/47, 569-70.
2. Insertion.
A1692/1/23
A1692/1/231
Act
Anent a petitione given in to the Lords of their Majesties privie Councill Be Mr Arthur Miller and Mr Samuell Nimmo minister[s] of the Gospell sheuing That wher the deceased Earle of Lauderdale sometyme before his death which was after whitsunday Jaj vjc nyntie one having granted in favoures of the petitioners a gift of the vaccant stipends of the Kirks of Inneresk and Collingtoune wherof they were formerly Ministers viz to him the said Mr Arthure a gift of the whole year Jaj vjc nyntie one and to him the said Mr Samuell a Gift of the halfe of that year as their respective gifts therof produced with the said petitione will testifie And upon former applicatione made to their Lordships by the said Mr Arthure the patrons gift quoad the one halfe of the said year is ratified and approven And as to which he the said Mr Samuell is in pari casu2 The Earle having survived the terme of Whitsunday as aforsaid And quoad the other halfe of the same by law being at the disposall of the succeeding patrone And the right of patronage of both the saids kirks being legally adjudged frae the late Earle at the Instance of John Lord Yester and his children And who accordingly stand heretabillie Infeft therupon As also that the same right being lykewayes adjudged be Sir John Lauder of Hattoune one of the Senators of the Colledge of Justice They came therby in the patrons place and vice And who towards the making of the Late Earls right effectuall in totum to the said Mr Arthure quoad the whole year Jaj vjc nyntie one And for the said Mr Samuell his more easie obtaining ane gift of the other half of that year of Collingtoune from their Lordships as not being disposed upon by the last patrone in his oune Lyfe The said John Lord Yester as administrator for his childrene and the said Sir John Lauder for himself by a wryte under their hand produced with the said petitione relative to their former3applicatione Doe freely consent in as farr as may concerne the patrones Intrest and their right of patronadge That the Earls gifts may be valide quoad the half year Jaj vjc nyntie one as aforsaid to the said Mr Arthure by ane Act of ther Lordships in fortificatione of what the patrone hes already done as also for ratifying of the said Mr. Samuell his gift quoad the half year already gifted and for his more easie obtaining from their Lordships a right to the other half in manner more fullie contained in the said consent produced As aforsaid And therfore Humblie Craving to the effect underwryten as the said petitione Bears The Saids Lords of their Majesties privy Councill Having Considered the above petitione with ane Assignatione be the deceast Earle of Lauderdale to the said Mr Arthur of the stipend of Inneresk due and payable at Whitsunday and Martimes Jaj vjc nyntie one years And another be the said deceast Earle to the said Mr Samuell of the half years stipend of Collingtoune frae Martimes Jaj vjc nyntie to Whitsunday Jaj vjc nyntie one And the said Consent be the Lord Yester as tutor and administrator to his Children and the Lord Hattoune wherby for their right of patronadge they consent that the petitioners4 obtaine Gifts from the Councell of the above stipends for the year Jaj vjc nyntie one They heirby allow to the said Mr Arthure the stipend of the said kirk of Innerask and to the said Mr Samuell the stipend of the kirk of Collingtoune for the haill Cropt and year of god Jaj vjc nyntie one And ordaines them to be readily answered obeyed and payed of their said respective stipends Be the Heretors Fewers wodsetters Lyferenters fermers titulars tacksemen of teynds possessors and others lyable in payment of Letters of Horning to the direct heiron at the Instance of the said petitioners They allwayes producing decreits of Locality And In case ther be none ordaines the Heretors and others forsaids lyable in payment of the saids stipends To make payment therof to the petitioners for the said year according as they shall be decerned by the Judge ordinary
1. NRS, PC1/47, 568-9
2. Presumably ‘pari passu’.
3. The word ‘proclamation’ scored out here.
4. The word ‘right’ scored out here.
1. NRS, PC1/47, 568-9