Tag Archives: 13 December 1694

Act, 13 December 1694, Edinburgh

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Edinburgh The Threteinth day of December Jaj vjc nyntie Four years

D1694/12/141

Act

Act Mr John Dempster

Anent a Petition given in to the Lords of their Majesties privy Councill be Mr John Dempster minister at Laing Shewing That wher the petitioner has served the cure at the said2 kirk these severall years bygone and in use to receive the stipands and emoluments due and payable to the ministers therof from those lyable in payment of the same without any stop or lett till of late that since the establishing of the government of the Church by presbytrie upon the petitioners not being assumed to the said Church government albeit the petitioner hath on all occasions obeyed the proclamationes emitted by the saids Lords and have Constantly prayed for ther Majesties as ane ample testificat under the hands of all the elders and parishioners within the said paroch that Could writt therewith produced would testifie and alse have qualified himself in Law by swearing and signeing the oath of alledgance and subscryving the assurance to their majesties and yet willing to be assumed to the said Church government the heritors and others Lyable in payment of the saids stipends these thrie or four years bypast refuse to make payment to the petitioners without he gett the saids Lords act and ordinance warranding them for payment therof therby the petitioner and his poor familly are brought to extream necessitie and poverty and will be rendered misserable unles the saids heritors and others forsaids Lyable in payment of the saids stipends to make payment to the petitioner therof prevent the same And Therfore humbly Craveing to the saids Lords to take the petitioners distrest Condition to ther Lordships serious Consideration and for preventing his extream miserie to ordaine the saids heritors and others Lyable in payment of the stipends parsonage and viccarage within the said parish to make payment to the petitioner and readily answer him therof for the years bygone resting owing and in time comeing dureing his service of the cureat the said kirk as the petitione bears The Lords of their majesties privy Councill having Considered this petition given in to them be the above Mr John Dempster with the testificat 3 mentioned therin and produced therwith They allow the petitioners to uplift the stipends of the above kirk of Larg for the time of his service as he has been in use formerly to uplift the same

Edinburgh The Threteinth day of December Jaj vjc nyntie Four years

D1694/12/141

Act

Act Mr John Dempster

Anent a Petition given in to the Lords of their Majesties privy Councill be Mr John Dempster minister at Laing Shewing That wher the petitioner has served the cure at the said2 kirk these severall years bygone and in use to receive the stipands and emoluments due and payable to the ministers therof from those lyable in payment of the same without any stop or lett till of late that since the establishing of the government of the Church by presbytrie upon the petitioners not being assumed to the said Church government albeit the petitioner hath on all occasions obeyed the proclamationes emitted by the saids Lords and have Constantly prayed for ther Majesties as ane ample testificat under the hands of all the elders and parishioners within the said paroch that Could writt therewith produced would testifie and alse have qualified himself in Law by swearing and signeing the oath of alledgance and subscryving the assurance to their majesties and yet willing to be assumed to the said Church government the heritors and others Lyable in payment of the saids stipends these thrie or four years bypast refuse to make payment to the petitioners without he gett the saids Lords act and ordinance warranding them for payment therof therby the petitioner and his poor familly are brought to extream necessitie and poverty and will be rendered misserable unles the saids heritors and others forsaids Lyable in payment of the saids stipends to make payment to the petitioner therof prevent the same And Therfore humbly Craveing to the saids Lords to take the petitioners distrest Condition to ther Lordships serious Consideration and for preventing his extream miserie to ordaine the saids heritors and others Lyable in payment of the stipends parsonage and viccarage within the said parish to make payment to the petitioner and readily answer him therof for the years bygone resting owing and in time comeing dureing his service of the cureat the said kirk as the petitione bears The Lords of their majesties privy Councill having Considered this petition given in to them be the above Mr John Dempster with the testificat 3 mentioned therin and produced therwith They allow the petitioners to uplift the stipends of the above kirk of Larg for the time of his service as he has been in use formerly to uplift the same

1. NRS, PC2/25, 113r-113v.

2. Insertion.

3. The letters ‘produ’ scored out here.

1. NRS, PC2/25, 113r-113v.

2. Insertion.

3. The letters ‘produ’ scored out here.

Act, 13 December 1694, Edinburgh

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Edinburgh The Threteinth day of December Jaj vjc nyntie Four years

D1694/12/131

Act

Act Upon the Toune of Newburghs petition

Anent the petition given in to the Lords of their Majesties privy Councill be present baillies and Councill of the Burgh of Newburgh and heritors within the paroch Shewing That wher upon a petition given in to the saids Lords in september Jaj vjc nyntie two by the petitioners with Consent of the patron, The saids Lords were pleased Conforme to the act of parliament to appoint Mr David Orem factor for uplifting the haill bygone stipends of the parish kirk of Newburgh from the terme of mertimiss Jaj vjc Eightie nyne for building of a manse Repairing of the kirk and dykes therof and building of a schooll house in the said paroch of Newburgh Conforme wherinto the said Mr David Orem entered to the uplifting of the said vaccants stipends and begann to apply the samen Conforme to the saids Lords appointment yet therafter in February last bypast by Collusion betwixt the said factor and George Lundie of Drums ther is a petitione given in Craving that Mr David Orem might be discharged to intromitt furder with the said vaccant stipends or to apply any more of what he hade uplifted to the pious uses forsaids, But to make Compt and payment therof to Anna Lundie daughter to the said George, And Likewayes Craveing the saids Lords would order the stipend of the said parish kirk for the year Jaj vjc nyntie four to be payed to the said George Lundie for the use of his daughter, And seing ther was a right accquyred to the petitioner to the stipend Conform to the act of parliament by the saids Lords delyverance on a petition in september Jaj vjc nyntie two years and any posterior delyverance In prejudice therof surreptitiously obtained upon misrepresentiones In so farr as the delyverance upon the petition in February Jaj vjc nyntie 2 four Is alledged to have been upon Consent of the toune Councill of Newburgh which was never obtained or they ever so much as acquainted with or allowed to be heard in the said petition as ane Declaratione Under their hand therwith produced would testifie Secundo no vaccant Stipends were ever disposed of by the saids Lords to any deprived ministers Unles they would take the oath of alledgance Conforme to ane express act of the saids Lords theranent, which this Mr Grant Anna Lundies husband was so farr from doeing That he stands Declaired Fugitive upon two severall processes before the saids Lords for his Contempt and Disobedience to the government Tertio It would suficiently evince the trick of Collusione of this petition That the same is given in be George Lundie in name of his daughter as if she hade been a relict of a minister wheras her husband Grant is still allyve and persisting in his contempt to the Lawes and Government Quarto the stipend Jaj vjc nyntie four is disposed of and lifted by the saids Lords in February Jaj vjc nyntie four which was before the ground was sowen, and so long befor any part of the stipend Could be due which was done and Contrived of purpose to obstruct and discourage the Calling of a minister , and therby keept the Church vaccant and the paroch destitute of all the ordinances of the Gospell And Therfore Humbly Craveing the saids Lords In Consideration of the premisses and that their petition in September Jaj vjc nyntie two was Founded upon the express consent of the patron and heritor as the samen Lying in the Clerks hands would evince To Recall and discharge the act in favors of the said George Lundie and to Ordaine the said Mr David Orem to Compt to the petitioners and the factor to be appointed by them for what he hath not payed to the said Anna Lundie of the soumes uplifted by him by vertue of the said former act in the petitioners favors and in Lew and plaice of what he has disposed of the said vaccant stipend, That the saids Lords would be Graciously pleased To Grant the vaccant stipend for the Cropts Jaj vjc nyntie thrie and Jaj vjc nyntie four years, And ordain the heritors and others Lyable in payment therof To make payment to the petitioners or the factor to be appointed be the petitioners for uplifting the samen upon his finding suficient Caution To apply and Imploy the Same to the pious uses abovementioned, And upon the releiff and supply off the manifold poor of the petitioners paroch who dayly increase by the want of Charity They would have hade the benefite off if the Church hade been plainted as the petition bears The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above baillies and Councill of the burgh of Newburgh and parish therof with the answers therto for Anna Lundie and her 3 Cheldrein with the writtes produced therwith They heirby refuse the desyre of the petition And adheres to the Last act of Councill In favors of the said Anna Lundie and her Cheldrein.

Edinburgh The Threteinth day of December Jaj vjc nyntie Four years

D1694/12/131

Act

Act Upon the Toune of Newburghs petition

Anent the petition given in to the Lords of their Majesties privy Councill be present baillies and Councill of the Burgh of Newburgh and heritors within the paroch Shewing That wher upon a petition given in to the saids Lords in september Jaj vjc nyntie two by the petitioners with Consent of the patron, The saids Lords were pleased Conforme to the act of parliament to appoint Mr David Orem factor for uplifting the haill bygone stipends of the parish kirk of Newburgh from the terme of mertimiss Jaj vjc Eightie nyne for building of a manse Repairing of the kirk and dykes therof and building of a schooll house in the said paroch of Newburgh Conforme wherinto the said Mr David Orem entered to the uplifting of the said vaccants stipends and begann to apply the samen Conforme to the saids Lords appointment yet therafter in February last bypast by Collusion betwixt the said factor and George Lundie of Drums ther is a petitione given in Craving that Mr David Orem might be discharged to intromitt furder with the said vaccant stipends or to apply any more of what he hade uplifted to the pious uses forsaids, But to make Compt and payment therof to Anna Lundie daughter to the said George, And Likewayes Craveing the saids Lords would order the stipend of the said parish kirk for the year Jaj vjc nyntie four to be payed to the said George Lundie for the use of his daughter, And seing ther was a right accquyred to the petitioner to the stipend Conform to the act of parliament by the saids Lords delyverance on a petition in september Jaj vjc nyntie two years and any posterior delyverance In prejudice therof surreptitiously obtained upon misrepresentiones In so farr as the delyverance upon the petition in February Jaj vjc nyntie 2 four Is alledged to have been upon Consent of the toune Councill of Newburgh which was never obtained or they ever so much as acquainted with or allowed to be heard in the said petition as ane Declaratione Under their hand therwith produced would testifie Secundo no vaccant Stipends were ever disposed of by the saids Lords to any deprived ministers Unles they would take the oath of alledgance Conforme to ane express act of the saids Lords theranent, which this Mr Grant Anna Lundies husband was so farr from doeing That he stands Declaired Fugitive upon two severall processes before the saids Lords for his Contempt and Disobedience to the government Tertio It would suficiently evince the trick of Collusione of this petition That the same is given in be George Lundie in name of his daughter as if she hade been a relict of a minister wheras her husband Grant is still allyve and persisting in his contempt to the Lawes and Government Quarto the stipend Jaj vjc nyntie four is disposed of and lifted by the saids Lords in February Jaj vjc nyntie four which was before the ground was sowen, and so long befor any part of the stipend Could be due which was done and Contrived of purpose to obstruct and discourage the Calling of a minister , and therby keept the Church vaccant and the paroch destitute of all the ordinances of the Gospell And Therfore Humbly Craveing the saids Lords In Consideration of the premisses and that their petition in September Jaj vjc nyntie two was Founded upon the express consent of the patron and heritor as the samen Lying in the Clerks hands would evince To Recall and discharge the act in favors of the said George Lundie and to Ordaine the said Mr David Orem to Compt to the petitioners and the factor to be appointed by them for what he hath not payed to the said Anna Lundie of the soumes uplifted by him by vertue of the said former act in the petitioners favors and in Lew and plaice of what he has disposed of the said vaccant stipend, That the saids Lords would be Graciously pleased To Grant the vaccant stipend for the Cropts Jaj vjc nyntie thrie and Jaj vjc nyntie four years, And ordain the heritors and others Lyable in payment therof To make payment to the petitioners or the factor to be appointed be the petitioners for uplifting the samen upon his finding suficient Caution To apply and Imploy the Same to the pious uses abovementioned, And upon the releiff and supply off the manifold poor of the petitioners paroch who dayly increase by the want of Charity They would have hade the benefite off if the Church hade been plainted as the petition bears The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above baillies and Councill of the burgh of Newburgh and parish therof with the answers therto for Anna Lundie and her 3 Cheldrein with the writtes produced therwith They heirby refuse the desyre of the petition And adheres to the Last act of Councill In favors of the said Anna Lundie and her Cheldrein.

1. NRS, PC2/25, 111v-112v.

2. The word ‘five’ scored out here.

3. The word ‘husband’ scored out here.

1. NRS, PC2/25, 111v-112v.

2. The word ‘five’ scored out here.

3. The word ‘husband’ scored out here.

Act, 13 December 1694, Edinburgh

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Edinburgh The Threteinth day of December Jaj vjc nyntie Four years

D1694/12/121

Act

Act The Relict and Childrein of Sir James Grant

Anent a Petition given in to the Lords of their Majesties privy Councill be Dame Agnes Scot relict of the deceast Sir James Grant of Dalvey for her self and her thrie daughters Shewing That wher the said Sir James Grant departed this life at Bruchtie on his way to Edinburgh and leaving the petitioner and her thrie daughters without any certaine knowledge of her right and intrest in his means and estate and his haill papers bonds rights and securities being in his Cabinat or box made of purpose for holding of wrytes standing in his Lodging in Edinburgh, and the said Sir James haveing only One brother who at present is in Ireland But uncertaine whither dead or alyve, And that it will be of great prejudice to the petitioner and Childreen to be at uncertainty of their oun right and intrest untill that brother of Sir James be inquyred after and returned to this kingdome And Therfore Craveing the saids Lords would allow to the petitioners or any they should appoint for them to have inspectione and make inventar of the forsaid wrytes at the sight of any of the saids Lords number who should be at the trouble or at sight of any of the magistrats of Edinburgh or shirreff deputs of the shyre therof as the saids Lords Should appoint with any of the Clerks of Councill Or their Servants to attend them as the petition bears The Lords of their Majesties privy Councill having Considered this petition given in to them be the above relict and Cheldrein of Sir James Grant They heirby allow the petitioner or any whom they shall appoint for them, To have inspection of the defuncts oun privat writtes and Securities and to make Inventar of the same at the sight of the Lord Justice Clerk To whom the Councill Recomends to be present at the Sighting and Inventaring of the saids wrytes and securities, and appoints the Clerks of privy Councill or their servant to attend the Lord Justice Clerk.

Edinburgh The Threteinth day of December Jaj vjc nyntie Four years

D1694/12/121

Act

Act The Relict and Childrein of Sir James Grant

Anent a Petition given in to the Lords of their Majesties privy Councill be Dame Agnes Scot relict of the deceast Sir James Grant of Dalvey for her self and her thrie daughters Shewing That wher the said Sir James Grant departed this life at Bruchtie on his way to Edinburgh and leaving the petitioner and her thrie daughters without any certaine knowledge of her right and intrest in his means and estate and his haill papers bonds rights and securities being in his Cabinat or box made of purpose for holding of wrytes standing in his Lodging in Edinburgh, and the said Sir James haveing only One brother who at present is in Ireland But uncertaine whither dead or alyve, And that it will be of great prejudice to the petitioner and Childreen to be at uncertainty of their oun right and intrest untill that brother of Sir James be inquyred after and returned to this kingdome And Therfore Craveing the saids Lords would allow to the petitioners or any they should appoint for them to have inspectione and make inventar of the forsaid wrytes at the sight of any of the saids Lords number who should be at the trouble or at sight of any of the magistrats of Edinburgh or shirreff deputs of the shyre therof as the saids Lords Should appoint with any of the Clerks of Councill Or their Servants to attend them as the petition bears The Lords of their Majesties privy Councill having Considered this petition given in to them be the above relict and Cheldrein of Sir James Grant They heirby allow the petitioner or any whom they shall appoint for them, To have inspection of the defuncts oun privat writtes and Securities and to make Inventar of the same at the sight of the Lord Justice Clerk To whom the Councill Recomends to be present at the Sighting and Inventaring of the saids wrytes and securities, and appoints the Clerks of privy Councill or their servant to attend the Lord Justice Clerk.

1. NRS, PC2/25, 111r-111v.

1. NRS, PC2/25, 111r-111v.

Act, 13 December 1694, Edinburgh

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Edinburgh The Threteinth day of December Jaj vjc nyntie Four years

D1694/12/111

Act

Act Maxwell of Tinwale

Anent a Petition given in to the Lords of their Majesties privy Councill be Robert Maxwell of Tinwell Shewing That quher by ane act of privy Councill dated the Eight day of August Jaj vjc Eightie seven years The Then Lords of privy Councill Did nominat and appoint 2 eight3 persones to be interdictators to the petitioner wherof the deceast Sir John Dalzell of Glennal and the deceast Robert Caruthers of Ramerskaills were two and Granted to them the ordinary power of Interdictione and appointed five of them to be a quorum as the said act therwith produced bears In Complyance with which act the petitioner did subscryve ane interdictione in the termes therof and therupon Caused raise and execute letters of publicatione and registration the same as they likwayes therwith produced would testifie And seing that not only the said Sir John Dalzells and Robert Carruthers are dead, But also when they were allyve the petitioner hade great deficulty of time to gett a quorum to meet upon his affairs and therby matters of Considerable moment relateing to the petitioners estate and fortune were altogither Slighted and neglected, and it being absolutely necessar That two honest famous Gentlmen be named in place of the two who are dead and added to these who are yet alyve to be interdictors to the petitioner, and that thrie of the haill number be Declaired to be quourum That therby the petitioners bussines may not be neglected in time comeing And Therfore Humbly Craveing the saids Lords would not only nominat and appoint, William Douglas of Dornock and John Carruthers of Butterwhat to be two of the petitioners interdicators in place of the two deceased, But also, To Declair thrie of the haill number to be a quorum, and who Cannot be in the least Suspect, They being all gentlmen of intire fame and reputatione as the petition bears The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above Robert Maxwell with the act of privy Councill interdictione and letters of publicatione therof mentioned in and produced with the same They heirby Recommend the petitioner to be at free Liberty to interdict himself to such persones and such a quorum of these persones, as they shall think fitt to appoint, and that in the ordinary Course of Law, and upon granting of a new interdictione in maner forsaid and publication therof Declairs the above act of privy Councill interdictione following theron and letters of publication therof To be from thence furth void and null as to all deeds which may follow theron after that time.

Edinburgh The Threteinth day of December Jaj vjc nyntie Four years

D1694/12/111

Act

Act Maxwell of Tinwale

Anent a Petition given in to the Lords of their Majesties privy Councill be Robert Maxwell of Tinwell Shewing That quher by ane act of privy Councill dated the Eight day of August Jaj vjc Eightie seven years The Then Lords of privy Councill Did nominat and appoint 2 eight3 persones to be interdictators to the petitioner wherof the deceast Sir John Dalzell of Glennal and the deceast Robert Caruthers of Ramerskaills were two and Granted to them the ordinary power of Interdictione and appointed five of them to be a quorum as the said act therwith produced bears In Complyance with which act the petitioner did subscryve ane interdictione in the termes therof and therupon Caused raise and execute letters of publicatione and registration the same as they likwayes therwith produced would testifie And seing that not only the said Sir John Dalzells and Robert Carruthers are dead, But also when they were allyve the petitioner hade great deficulty of time to gett a quorum to meet upon his affairs and therby matters of Considerable moment relateing to the petitioners estate and fortune were altogither Slighted and neglected, and it being absolutely necessar That two honest famous Gentlmen be named in place of the two who are dead and added to these who are yet alyve to be interdictors to the petitioner, and that thrie of the haill number be Declaired to be quourum That therby the petitioners bussines may not be neglected in time comeing And Therfore Humbly Craveing the saids Lords would not only nominat and appoint, William Douglas of Dornock and John Carruthers of Butterwhat to be two of the petitioners interdicators in place of the two deceased, But also, To Declair thrie of the haill number to be a quorum, and who Cannot be in the least Suspect, They being all gentlmen of intire fame and reputatione as the petition bears The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above Robert Maxwell with the act of privy Councill interdictione and letters of publicatione therof mentioned in and produced with the same They heirby Recommend the petitioner to be at free Liberty to interdict himself to such persones and such a quorum of these persones, as they shall think fitt to appoint, and that in the ordinary Course of Law, and upon granting of a new interdictione in maner forsaid and publication therof Declairs the above act of privy Councill interdictione following theron and letters of publication therof To be from thence furth void and null as to all deeds which may follow theron after that time.

1. NRS, PC2/25, 110r-110v.

2. The word ‘severall’ scored out here.

3. Insertion.

1. NRS, PC2/25, 110r-110v.

2. The word ‘severall’ scored out here.

3. Insertion.

Act, 13 December 1694, Edinburgh

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Edinburgh The Threteinth day of December Jaj vjc nyntie Four years

D1694/12/101

Act

Act Hamilton of Kinkell

Anent a Petition given in to the Lords of their Majesties privy Councill be Alexander Hamiltone of Kinkell Shewing That wher ther is great want of a Convenient harbour upon the East of Fyfe toward the Occean betwixt Craill and St Androwes and that at Kinkell nature it self hath formed such a Conveniency for it that all acquainted with the place and Concerned in shipping have a long time wished that the said harbour might be ther built and perfyted Lykeas It is knowen that both herring fishers and other fishers have Constantly desyred that ther might be a harbour built ther as most advantagous for the trade of fishing, Which is by severalls acts of Parliament Recomended to the saids Lords to give it all possible incouradgment In pursuance of which act It hath also pleased the toune and magistrats of St Androwes, with the toune and Magistrats of Craill, The nearest nighbours to Kinkell on either hand to give their Certificat and Recomendation with all earnestnes that the forsaid harbour may be built as ther Certificat under the hands of their Magistrats therwith produced bears, And seing that it belongs to the saids Lords in such Casses to approve overtoures of this kynd when offered and to authorize and Ordaine generall Contrabutiones throw all kirks and paroches for the effectuating of the same as the saids Lords has been in use to doe in severall Caisses And Therfore Humbly Craveing the saids Lords would in Consideratione of the premisses and especially of the great utillity that will aryse to all ships, and particularly fishers by the forsaid harbour to allow and authorize a generall Contrabutione to be made throw all the kirks and paroches of the kingdome for raiseing of money by way of benevolence for the building of the said harbour and to appoint for that end such dayes as the saids Lords should judge Conveninent, And to Recomend the matter as it deserves, And for that effect to Ordaine publict proclamatione to be made and read in all the saids Churches before the dayes to be appointed as said is To the end the Leidges may be duely advertised and the petitioner is farder Content to find good and suficient Cautione that what money shall be raised by the forsaid Contrabutione shall be honestly Imployed for the work abovespecified as use is in the like Caises, as the said petition bears The Lords of their Majesties privy Councill having Considered the above petitione given in to them be Alexander Hamilton of Kinkell with the Certificatione and Recomendatione mentioned in and produced with the said petitione They heirby allow a voluntar Collectione to be made at the doors of all the parish Churches and meeting housses within this kingdome of building of ane harbour at Kinkell and that at the places and upon the dayes following Viz the toune of Edinburgh Leith and Suburbs and the thrie Lothians upon the second sabath day of January nixt Jaj vjc nyntie five years And for the shires of Fyfe, Kinross, Clackmanan and all the shire of Pearth be South Tay The first Sabath of February therafter, And for the South and west of Scotland the thrid sabbath of Aprill therafter and for all be north the river of Tay the last sabbath of may therafter and appoints the said Contrabutione or Collectione to be payed and delivered into the said Alexander Hamiltone of Kinkell whom the saids Lords doe heirby nominat and appoint to be factor for uplifting the same In Respect the said Alexander Hamilton before extracting heirof has given bond and found suficient Caution acted in the books of privy Councill That he shall apply the Collectiones forsaids which shall be delyvered in to him upon building of the forsaid harbour at the sight of the magistrats of St Androwes or Craill or either of them for the time being and appoints executione to pass upon the said bond at their instances and the instance of Mr John Buchan advocat agent for the Royall burrowes and Recomends to the ministers at the severall paroch Churches and meetting housses To make intimatione publictly from their pulpits of this act upon the sabbath day Imediatly preceiding the dayes appointed for makeing the saids Collectiones Reserving allwayes to the Earle of Crafurd his Right of admiralitie within the bounds of those Coasts with the duties and Customes wherto his Lordship has right upon that account and all other Immunities and priviledges therto belonging And Ordaines these presents to be printed.

Edinburgh The Threteinth day of December Jaj vjc nyntie Four years

D1694/12/101

Act

Act Hamilton of Kinkell

Anent a Petition given in to the Lords of their Majesties privy Councill be Alexander Hamiltone of Kinkell Shewing That wher ther is great want of a Convenient harbour upon the East of Fyfe toward the Occean betwixt Craill and St Androwes and that at Kinkell nature it self hath formed such a Conveniency for it that all acquainted with the place and Concerned in shipping have a long time wished that the said harbour might be ther built and perfyted Lykeas It is knowen that both herring fishers and other fishers have Constantly desyred that ther might be a harbour built ther as most advantagous for the trade of fishing, Which is by severalls acts of Parliament Recomended to the saids Lords to give it all possible incouradgment In pursuance of which act It hath also pleased the toune and magistrats of St Androwes, with the toune and Magistrats of Craill, The nearest nighbours to Kinkell on either hand to give their Certificat and Recomendation with all earnestnes that the forsaid harbour may be built as ther Certificat under the hands of their Magistrats therwith produced bears, And seing that it belongs to the saids Lords in such Casses to approve overtoures of this kynd when offered and to authorize and Ordaine generall Contrabutiones throw all kirks and paroches for the effectuating of the same as the saids Lords has been in use to doe in severall Caisses And Therfore Humbly Craveing the saids Lords would in Consideratione of the premisses and especially of the great utillity that will aryse to all ships, and particularly fishers by the forsaid harbour to allow and authorize a generall Contrabutione to be made throw all the kirks and paroches of the kingdome for raiseing of money by way of benevolence for the building of the said harbour and to appoint for that end such dayes as the saids Lords should judge Conveninent, And to Recomend the matter as it deserves, And for that effect to Ordaine publict proclamatione to be made and read in all the saids Churches before the dayes to be appointed as said is To the end the Leidges may be duely advertised and the petitioner is farder Content to find good and suficient Cautione that what money shall be raised by the forsaid Contrabutione shall be honestly Imployed for the work abovespecified as use is in the like Caises, as the said petition bears The Lords of their Majesties privy Councill having Considered the above petitione given in to them be Alexander Hamilton of Kinkell with the Certificatione and Recomendatione mentioned in and produced with the said petitione They heirby allow a voluntar Collectione to be made at the doors of all the parish Churches and meeting housses within this kingdome of building of ane harbour at Kinkell and that at the places and upon the dayes following Viz the toune of Edinburgh Leith and Suburbs and the thrie Lothians upon the second sabath day of January nixt Jaj vjc nyntie five years And for the shires of Fyfe, Kinross, Clackmanan and all the shire of Pearth be South Tay The first Sabath of February therafter, And for the South and west of Scotland the thrid sabbath of Aprill therafter and for all be north the river of Tay the last sabbath of may therafter and appoints the said Contrabutione or Collectione to be payed and delivered into the said Alexander Hamiltone of Kinkell whom the saids Lords doe heirby nominat and appoint to be factor for uplifting the same In Respect the said Alexander Hamilton before extracting heirof has given bond and found suficient Caution acted in the books of privy Councill That he shall apply the Collectiones forsaids which shall be delyvered in to him upon building of the forsaid harbour at the sight of the magistrats of St Androwes or Craill or either of them for the time being and appoints executione to pass upon the said bond at their instances and the instance of Mr John Buchan advocat agent for the Royall burrowes and Recomends to the ministers at the severall paroch Churches and meetting housses To make intimatione publictly from their pulpits of this act upon the sabbath day Imediatly preceiding the dayes appointed for makeing the saids Collectiones Reserving allwayes to the Earle of Crafurd his Right of admiralitie within the bounds of those Coasts with the duties and Customes wherto his Lordship has right upon that account and all other Immunities and priviledges therto belonging And Ordaines these presents to be printed.

1. NRS, PC2/25, 108v-110r.

1. NRS, PC2/25, 108v-110r.

Sederunt, 13 December 1694, Edinburgh

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Edinburgh The Threteinth day of December Jaj vjc nyntie Four years1

D1694/12/92

Sederunt

Earl of Melvill p: Seall; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Lothian; Earl of Anandale pr:; Earl of Forfar; Earl of Brodalbines; Viscount Tarbat; Lord Raith; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Hatton; Mr Fr: Montgomry; Laird of Stivenson; Laird of Pollock; Sir John Hall

Edinburgh The Threteinth day of December Jaj vjc nyntie Four years1

D1694/12/92

Sederunt

Earl of Melvill p: Seall; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Lothian; Earl of Anandale pr:; Earl of Forfar; Earl of Brodalbines; Viscount Tarbat; Lord Raith; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Hatton; Mr Fr: Montgomry; Laird of Stivenson; Laird of Pollock; Sir John Hall

1. NRS, PC2/25, 108v.

2. NRS, PC2/25, 108v.

1. NRS, PC2/25, 108v.

2. NRS, PC2/25, 108v.

Act, 13 December 1694, Edinburgh

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At Edinburgh thursday\[660\] 13th December 1694

A1694/12/261

Act

Act William Linlithgow Nottar

Anent the petitione given in to the Lords of their Majesties privie Councill by William Lithgow nottar Publict in Leith Shewing that where at the tyme prefixed by Act of parliament for all persons in publict Trust for takeing of the oathes The petitioner being a sicklie and weak man at the tyme was advysed by his phisitians to goe to the wells and accordinly followed their advyce and continowed ther till the tyme wes over and haveing applyed Himself to the magistrats of Edinburgh haveing come home within few dayes of the tyme Limitte They refused to give him the benefit of the oathes which occasioned the petitioner to supplicat their Lordships for the benefit therof conforme to their Lordships Clemency to others in the Lyke circumstances and therfore humblie Craveing in maner and to the effect aftermentionat as the said petitione at lenth bears The Lords of their majesties privie Councill Haveing considered the foresaid petitione given in to them by the said William Lithgow They hereby allow the petitioner yet to swear the oath of alleadgeance and subscryve the assureance before any of their majesties privy Councill and upon his swearing and signing as said is declairs him to have als full and free accesse to his Imployment as if he had taken the oath and assureance within the period prescryved by the act of parliament

At Edinburgh thursday\[660\] 13th December 1694

A1694/12/261

Act

Act William Linlithgow Nottar

Anent the petitione given in to the Lords of their Majesties privie Councill by William Lithgow nottar Publict in Leith Shewing that where at the tyme prefixed by Act of parliament for all persons in publict Trust for takeing of the oathes The petitioner being a sicklie and weak man at the tyme was advysed by his phisitians to goe to the wells and accordinly followed their advyce and continowed ther till the tyme wes over and haveing applyed Himself to the magistrats of Edinburgh haveing come home within few dayes of the tyme Limitte They refused to give him the benefit of the oathes which occasioned the petitioner to supplicat their Lordships for the benefit therof conforme to their Lordships Clemency to others in the Lyke circumstances and therfore humblie Craveing in maner and to the effect aftermentionat as the said petitione at lenth bears The Lords of their majesties privie Councill Haveing considered the foresaid petitione given in to them by the said William Lithgow They hereby allow the petitioner yet to swear the oath of alleadgeance and subscryve the assureance before any of their majesties privy Councill and upon his swearing and signing as said is declairs him to have als full and free accesse to his Imployment as if he had taken the oath and assureance within the period prescryved by the act of parliament

1. NRS, PC1/50, 74.

1. NRS, PC1/50, 74.

Procedure, 13 December 1694, Edinburgh

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At Edinburgh thursday\[660\] 13th December 1694

A1694/12/251

Procedure

New dyet of meeting appoynted by Comissioners for visitatione of Schools and Colledges.

The Lords of their majesties privy Councill In respect the dyet formerly appoynted by them for the meeting of the commissioners appointed for visitation of schools and Colledges is now elapsed and that the said Commissioners have not mett at the foresaid dyet Therfore they Hereby appoynt the first weddensday of Januarie Jaj vjc nynty and fyve years to be the first dyet for meeting of the said Commissione and appoynts the macers of Councill to make intimatione hereof to the members of the said Commissione

At Edinburgh thursday\[660\] 13th December 1694

A1694/12/251

Procedure

New dyet of meeting appoynted by Comissioners for visitatione of Schools and Colledges.

The Lords of their majesties privy Councill In respect the dyet formerly appoynted by them for the meeting of the commissioners appointed for visitation of schools and Colledges is now elapsed and that the said Commissioners have not mett at the foresaid dyet Therfore they Hereby appoynt the first weddensday of Januarie Jaj vjc nynty and fyve years to be the first dyet for meeting of the said Commissione and appoynts the macers of Councill to make intimatione hereof to the members of the said Commissione

1. NRS, PC1/50, 73-4.

1. NRS, PC1/50, 73-4.

Act, 13 December 1694, Edinburgh

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At Edinburgh thursday\[660\] 13th December 1694

A1694/12/241

Act

Act for poynding the deficients in the Levie

The Lords of their majesties privy Councill Doe Hereby ordaine their majesties sollicitor To transmitt to the shiriffs of the shyres and stuearts of the stueartries within this Kingdome or their Deputs or Clerks such lists of the deficients of the new levie as have come to his hands and when noe lists shall be sent by the Sollicitor ordains the said shirriffs and stuearts and their deputs and Clarks of Supply to make up full and exact lists of the said deficients and to transmitt doubles thereof to their Majesties Sollicitor within fyfteen dayes after this act shall come to their hands and als ordains the respective shiriffs stuearts of stueartries and Baillies of Bailliaries within this Kingdome and their deputs within the said space of fyfteen dayes after this act comes to their Hands To exact and uplift from the persons lyable in putting out any men of the new levy and who Have not put out these men before the first day of November Last The penalty of two Hundred merks wherein evry such persone is lyable conforme to the proclamation and Instruments theranent and the said Lords doe Hereby Authorize and warrand the said shirriffs stuearts Baillies of Bailliaries and their Deputs either to call a partie of their Majesties forces, from any Commander within the shyre stueartrie or Bailliarie And ordains the said Commanders To fournish parties to them for poynding of the persones failziers and deficient as said is before the said first day of November last or otherwayes to make use of their owne officers for that end and Declairs That the persones deficient as said is are to be poynded in maner prescryved by the act of parliament Jaj vjc sexty and nyne anent the militia and the expences of the poynding is to be exacted from them accordinglie and the said Lords doe hereby Ordaine the said shirriffs stuearts and Baillies and their Deputs To pay or cause pay in the penalties to be exacted and uplifted by them To the Collector of supply within the shyre and ordaines the Collector To transmitt the one Half of these penalties to the general receiver of their majesties Croune rents to be applyed towards the geographicall maps of the Kingdome and the other Half to be disposed of by the Commissioners of the shyre for the publict uses within the same (2The said Collector retaining alwayes the tuentyeth pennie for his pains With Certificatione to the said shirriffs stuearts Baillies and their Deputs Clerks and Collectors of Supply respective who shall failzie in dischargeing any part of their duety specified in this act they shall be lyable for the penalties of these deficients whom they should have listed and poynded and whose penalties they should have Collected and transmitted as above appoynted and that letters of Horneing shall be direct for chargeing them for payment thereof simpliciter. And ordaines thir presents to be printed And appoynts their majesties Sollicitor To send printed Coppies of the same to the said shirriffs stuearts Baillies or their Deputs or Clerks with all convenient dilligence

At Edinburgh thursday\[660\] 13th December 1694

A1694/12/241

Act

Act for poynding the deficients in the Levie

The Lords of their majesties privy Councill Doe Hereby ordaine their majesties sollicitor To transmitt to the shiriffs of the shyres and stuearts of the stueartries within this Kingdome or their Deputs or Clerks such lists of the deficients of the new levie as have come to his hands and when noe lists shall be sent by the Sollicitor ordains the said shirriffs and stuearts and their deputs and Clarks of Supply to make up full and exact lists of the said deficients and to transmitt doubles thereof to their Majesties Sollicitor within fyfteen dayes after this act shall come to their hands and als ordains the respective shiriffs stuearts of stueartries and Baillies of Bailliaries within this Kingdome and their deputs within the said space of fyfteen dayes after this act comes to their Hands To exact and uplift from the persons lyable in putting out any men of the new levy and who Have not put out these men before the first day of November Last The penalty of two Hundred merks wherein evry such persone is lyable conforme to the proclamation and Instruments theranent and the said Lords doe Hereby Authorize and warrand the said shirriffs stuearts Baillies of Bailliaries and their Deputs either to call a partie of their Majesties forces, from any Commander within the shyre stueartrie or Bailliarie And ordains the said Commanders To fournish parties to them for poynding of the persones failziers and deficient as said is before the said first day of November last or otherwayes to make use of their owne officers for that end and Declairs That the persones deficient as said is are to be poynded in maner prescryved by the act of parliament Jaj vjc sexty and nyne anent the militia and the expences of the poynding is to be exacted from them accordinglie and the said Lords doe hereby Ordaine the said shirriffs stuearts and Baillies and their Deputs To pay or cause pay in the penalties to be exacted and uplifted by them To the Collector of supply within the shyre and ordaines the Collector To transmitt the one Half of these penalties to the general receiver of their majesties Croune rents to be applyed towards the geographicall maps of the Kingdome and the other Half to be disposed of by the Commissioners of the shyre for the publict uses within the same (2The said Collector retaining alwayes the tuentyeth pennie for his pains With Certificatione to the said shirriffs stuearts Baillies and their Deputs Clerks and Collectors of Supply respective who shall failzie in dischargeing any part of their duety specified in this act they shall be lyable for the penalties of these deficients whom they should have listed and poynded and whose penalties they should have Collected and transmitted as above appoynted and that letters of Horneing shall be direct for chargeing them for payment thereof simpliciter. And ordaines thir presents to be printed And appoynts their majesties Sollicitor To send printed Coppies of the same to the said shirriffs stuearts Baillies or their Deputs or Clerks with all convenient dilligence

1. NRS, PC1/50, 72-3.

2. Closing bracket missing.

1. NRS, PC1/50, 72-3.

2. Closing bracket missing.

Act, 13 December 1694, Edinburgh

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At Edinburgh thursday\[660\] 13th December 1694

A1694/12/231

Act

Act Ensigne Murray

Anent the petitione given in to the Lords of their majesties privy Councill 2 By William Murray Ensigne in Collonell Douglass his Regement Shewing That where in the beginning of June last being unfortunatly overtaken with drink the petitioner fell in a disorder whyle on the guard in offering some wrong to a young gentlewomane one Marione Colquhoune which yet was Happily prevented for which cause the said petitioner was then made prisoner and have since continued prisoner in the tolbooth of Edinburgh to his great trouble and afflictione And seeing that He is most heartily sory for his said miscarriadge as also That the womane and Her freinds have freelie pardoned and discharged the said petitioner under their Hands, and that he is not as yet tuenty years of age and that his said misfortune was so unluckie That even the magistrats of Glasgow in behalf of the place doe now Commiserat his long imprisonment and lastly That He is content to goe off the Countrey and serve in the Regement that was once the Earle of Dumbartaines wherein he had his breading almost from his verie infancie and therfore Humblie Craveing That the said Lords might Commiserat the said petitioners sad Conditione and in respect of his long imprisonment and serious and sincere repentance To ordor the said petitioner to be sett at Liberty in ordor to his goeing to Flanders there to serve as above specially seeing that even though the affaire were tryed and judged in the Criminall Court yet whereat in this Case the partie remitts the offence the Judge doth never proceed beyond ane arbitrary punishment
The Lords of their Majesties privy Councill haveing considered the said petitione given in to them by the said William Murray with the depositions of the said Margaret Colquhoune taken before the Baillie of Glasgow That the petitioner had never any carnall dealling with her and a paper subscryved by her at least by a nottar at her command querby she heartily forgives the said petitioner for any prejudice done to Her They Hereby give ordor and warrand to the Magistratts of Edinburgh and keeper of their Tolbooth to set the said petitioner at liberty furth thereof He first before his liberatione giveing bond and inacting himself in the books of privy Councille That he shall transport Himself furth of their Majesties Dominions into Flanders with the first recruits and that he shall not returne within the same for the space of three years after the date hereof under the penalty of ane thousand merks scots in case he shall transgress in any part of the premisses

At Edinburgh thursday\[660\] 13th December 1694

A1694/12/231

Act

Act Ensigne Murray

Anent the petitione given in to the Lords of their majesties privy Councill 2 By William Murray Ensigne in Collonell Douglass his Regement Shewing That where in the beginning of June last being unfortunatly overtaken with drink the petitioner fell in a disorder whyle on the guard in offering some wrong to a young gentlewomane one Marione Colquhoune which yet was Happily prevented for which cause the said petitioner was then made prisoner and have since continued prisoner in the tolbooth of Edinburgh to his great trouble and afflictione And seeing that He is most heartily sory for his said miscarriadge as also That the womane and Her freinds have freelie pardoned and discharged the said petitioner under their Hands, and that he is not as yet tuenty years of age and that his said misfortune was so unluckie That even the magistrats of Glasgow in behalf of the place doe now Commiserat his long imprisonment and lastly That He is content to goe off the Countrey and serve in the Regement that was once the Earle of Dumbartaines wherein he had his breading almost from his verie infancie and therfore Humblie Craveing That the said Lords might Commiserat the said petitioners sad Conditione and in respect of his long imprisonment and serious and sincere repentance To ordor the said petitioner to be sett at Liberty in ordor to his goeing to Flanders there to serve as above specially seeing that even though the affaire were tryed and judged in the Criminall Court yet whereat in this Case the partie remitts the offence the Judge doth never proceed beyond ane arbitrary punishment
The Lords of their Majesties privy Councill haveing considered the said petitione given in to them by the said William Murray with the depositions of the said Margaret Colquhoune taken before the Baillie of Glasgow That the petitioner had never any carnall dealling with her and a paper subscryved by her at least by a nottar at her command querby she heartily forgives the said petitioner for any prejudice done to Her They Hereby give ordor and warrand to the Magistratts of Edinburgh and keeper of their Tolbooth to set the said petitioner at liberty furth thereof He first before his liberatione giveing bond and inacting himself in the books of privy Councille That he shall transport Himself furth of their Majesties Dominions into Flanders with the first recruits and that he shall not returne within the same for the space of three years after the date hereof under the penalty of ane thousand merks scots in case he shall transgress in any part of the premisses

1. NRS, PC1/50, 71-2.

2. The word ‘Shewing’ scored out here.

1. NRS, PC1/50, 71-2.

2. The word ‘Shewing’ scored out here.