Tag Archives: 13 March 1694 (pm)

Act, 13 March 1694 (pm), Edinburgh

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Eodem die [13 March 1694], Post Meridiem

D1694/3/311

Act

Act Anent the vaccand Stipend of Leckropt

Anent a Petition given in to the Lords of their majesties privy Councill be Sir Collin Campbell of Aberurcull one of the Senators of the Collodge of Justice William Row of Innerallan and John Moir of Craigarnall heritors of the parish of Leckropt and Mr John Logan present minister of the said parish Shewing That the said Church and stipend therof being vaccant for the year Jaj vjc nyntie, nyntie one, nyntie two, and Jaj vjc nyntie thrie, By deprivation of master William Weymes late incumbent therat Conforme to the saids Lords act of the date the twentie sixth day of Jully Jaj vjc Eightie nyne years therwith produced, and the said Church Church yeard dyke and maynes being totally ruinouse, and also the said parish being remote and at a Considerable distance from any schooll wherby throw the meanes and poverty of the Tenandrie within the Samen their Cheldrein are altogither destitute of any way of attaineing to learn even the principales of religion So that the vaccant stipend cannot be applyed to a more piouse use then to a mortificatione for a Schooll master within the said paroch for educatione of youth, In prosecutione quherof the deceast Henry Lord Cardross hade so farr Complyed as to grant Comission to James Campbell of Kermoch for uplifting the vaccand stipend then existing of the said parish to be applyed at his Lordships sight in the first place for payment to the said Mr William Weymes late incumbent of the soume of five hundred merks in law and satisfactione of what he hade payed to his predecessor and which lay as ane burdein on the succeeding ministers for old reparationes made upon the said manss, and some new additionall repairationes made by Mr Wemyes himself, And for repairing the said Church and manss in the Second place, and the remander his Lordship designed to mortifie to ane Schooll master within the said parish (his Lordship and his Successors parsons haveing the presentatione allwise) By vertue of which Comission the said James Campbell obtained decreet against the heritors Lyfrentars and others Lyable in payment of the Stipends of the said parish and therupon and be vertue of letters raised theron obtained payment from the said heritors before the said Lord Cardross his decease and morover albeit the said Mr John Logan was not legally admitted till sometime after Michellmiss last, Wherby in law he cannot expect any of that years stipend, yet seing he served the cure at the said Church as a probationer for the most part of the year Jaj vjc nyntie thrie as would appear by his act of admission and Recomendatione of the presbytrie of Dumblaine and Stirling therwith produced, Wherby he hath good reasone to expect the last half of the stipend Jaj vjc nyntie thrie for aliementing him till the legall terme of his haveing right to the said stipend , And quhich is scarcely refused to any in his Circumstances, But seing the Lord Cardross the patron is now dead, Wherby the said James Campbells factory and Commission expyres and hath become ineffectuall, And that the present Lord Cardross (tho both he and his mother approves of and will on no wayes oppose the designe) hath not as yet thought fitt to found his title in law by serveing air to his father, Wherby the forsaid good designes and most pious applicationes are not only highly prejudged but even the fabrick of the Church and manss like to fall to the pott And Therfore humbly Craveing the saids Lords to authorize and allow the said James Campbell to uplift and Collect what is unuplifted by him of the said four years stipend and for that effect to put the letters allready raised in his name upon the forsaid decreet obtained at his instance by vertue of the deceast patrones Commission to all furder 2 executione and if need bees to raise be vertue of the saids Lords Warrand new letters upon the said Decreet and the samen being so Collected and uplifted to apply the samen being so Collected and uplifted to apply the samen (For quhich effect he is content to find Suficient Cautione) in maner above aftermentioned viz to pay to the abovenamed Mr William Weymes the forsaid soume of five hundred merks Conforme to the tenor of the former precept drawen by the said patron and to pay the last half of the said stipend Jaj vjc nyntie thrie to the said Mr John Logan the pursuer minister, and in the thrid place to repair the said Church Church yeard dykes and manse and the superplus (3after deductione of the Charges and expences in Collecting therof and some small gratificatione to the said James Campbell for his oun pains to be applyed to the forsaid mortificatione for ane schooll master, and for that effect to be Imployed as ane stock for him upon suficient security and the annualrent therof to be payed yearly to the Schooll master for the time being, with this quality allwayes that the present Lord Cardross and his successors patrones of the said Church have the presentatione of the said schooll master from time to time, all which the said James Campbell is Content to doe at the sight of any the saids Lords shall appoint and to find suficient Cautione acted in the saids Lords their books for that effect as the said petitione bears The Lords of their majesties privy Councill haveing Considered the above petition given in to them be Sir Collin Campbell of Aberuchill one of the senators of the Collodge of Justice, William Row of Innerallan and John Moir of Craigarnall heritors of the parish of Leikropt and Mr John Logan present minister of the said parish with the act of deprivation of Mr William Weymes and act of admission of the said Mr John wish the factory and Decreets obtained at the instance of James Campbell and horning raised theron all mentioned in and produced with the said petitione They heirby allow and authorize the said James Campbell to uplift and Collect what is unuplifted by him of the stipend of the said kirk for the years Jaj vjc nyntie and Jaj vjc nyntie one, Jaj vjc nyntie two and Jaj vjc nyntie thrie And Ordaines the said James Campbell to be readily answered obeyed and payed therof, Be the heritors fewars Lyfrentars wodsetters titulars tacksmen possessors and others Lyable in payment therof and for that effect to put the saids letters allready raised in his name upon the said decreet obtained at his instance to farder execution, And if need bees Ordaines new letters under the signet of Councill to be raised upon the said Decreet upon production of a decreet of Locallity, And in case ther be no Decreet of Locallity Ordaines these Lyable in payment to make payment of their respective proportiones according as the same shall be determined by the Judge ordinary and the said stipend being so Collected and uplifted ordaines the said James Campbell to apply the samen in maner aftermentioned viz to pay to the said Mr William Weymes the soume of five hundred merks and to pay to the said Mr John Logan the stipend of the said kirk for the last half of the Cropt Jaj vjc nyntie thrie years and in the thrid place to repair the Church yeard dykes and manse of the said parish and appoints the Supperplus to be applyed and Imployed as a stock to the schooll master of a schooll to be keeped in the said parish, And that upon suficient security and the annualrent therof to be payed yearly to the schooll master for the time being with this quality allwaise that the present Lord Cardross and his successors patrones of the said Church shall have the presentatione of the said schooll master from time to time In Respect the said James Campbell has given bond and and4 found suficient Cautione acted in the books of of5 privy Councill that he shall apply and Imploy the said stipend for the ends and uses forsaids.

Eodem die [13 March 1694], Post Meridiem

D1694/3/311

Act

Act Anent the vaccand Stipend of Leckropt

Anent a Petition given in to the Lords of their majesties privy Councill be Sir Collin Campbell of Aberurcull one of the Senators of the Collodge of Justice William Row of Innerallan and John Moir of Craigarnall heritors of the parish of Leckropt and Mr John Logan present minister of the said parish Shewing That the said Church and stipend therof being vaccant for the year Jaj vjc nyntie, nyntie one, nyntie two, and Jaj vjc nyntie thrie, By deprivation of master William Weymes late incumbent therat Conforme to the saids Lords act of the date the twentie sixth day of Jully Jaj vjc Eightie nyne years therwith produced, and the said Church Church yeard dyke and maynes being totally ruinouse, and also the said parish being remote and at a Considerable distance from any schooll wherby throw the meanes and poverty of the Tenandrie within the Samen their Cheldrein are altogither destitute of any way of attaineing to learn even the principales of religion So that the vaccant stipend cannot be applyed to a more piouse use then to a mortificatione for a Schooll master within the said paroch for educatione of youth, In prosecutione quherof the deceast Henry Lord Cardross hade so farr Complyed as to grant Comission to James Campbell of Kermoch for uplifting the vaccand stipend then existing of the said parish to be applyed at his Lordships sight in the first place for payment to the said Mr William Weymes late incumbent of the soume of five hundred merks in law and satisfactione of what he hade payed to his predecessor and which lay as ane burdein on the succeeding ministers for old reparationes made upon the said manss, and some new additionall repairationes made by Mr Wemyes himself, And for repairing the said Church and manss in the Second place, and the remander his Lordship designed to mortifie to ane Schooll master within the said parish (his Lordship and his Successors parsons haveing the presentatione allwise) By vertue of which Comission the said James Campbell obtained decreet against the heritors Lyfrentars and others Lyable in payment of the Stipends of the said parish and therupon and be vertue of letters raised theron obtained payment from the said heritors before the said Lord Cardross his decease and morover albeit the said Mr John Logan was not legally admitted till sometime after Michellmiss last, Wherby in law he cannot expect any of that years stipend, yet seing he served the cure at the said Church as a probationer for the most part of the year Jaj vjc nyntie thrie as would appear by his act of admission and Recomendatione of the presbytrie of Dumblaine and Stirling therwith produced, Wherby he hath good reasone to expect the last half of the stipend Jaj vjc nyntie thrie for aliementing him till the legall terme of his haveing right to the said stipend , And quhich is scarcely refused to any in his Circumstances, But seing the Lord Cardross the patron is now dead, Wherby the said James Campbells factory and Commission expyres and hath become ineffectuall, And that the present Lord Cardross (tho both he and his mother approves of and will on no wayes oppose the designe) hath not as yet thought fitt to found his title in law by serveing air to his father, Wherby the forsaid good designes and most pious applicationes are not only highly prejudged but even the fabrick of the Church and manss like to fall to the pott And Therfore humbly Craveing the saids Lords to authorize and allow the said James Campbell to uplift and Collect what is unuplifted by him of the said four years stipend and for that effect to put the letters allready raised in his name upon the forsaid decreet obtained at his instance by vertue of the deceast patrones Commission to all furder 2 executione and if need bees to raise be vertue of the saids Lords Warrand new letters upon the said Decreet and the samen being so Collected and uplifted to apply the samen being so Collected and uplifted to apply the samen (For quhich effect he is content to find Suficient Cautione) in maner above aftermentioned viz to pay to the abovenamed Mr William Weymes the forsaid soume of five hundred merks Conforme to the tenor of the former precept drawen by the said patron and to pay the last half of the said stipend Jaj vjc nyntie thrie to the said Mr John Logan the pursuer minister, and in the thrid place to repair the said Church Church yeard dykes and manse and the superplus (3after deductione of the Charges and expences in Collecting therof and some small gratificatione to the said James Campbell for his oun pains to be applyed to the forsaid mortificatione for ane schooll master, and for that effect to be Imployed as ane stock for him upon suficient security and the annualrent therof to be payed yearly to the Schooll master for the time being, with this quality allwayes that the present Lord Cardross and his successors patrones of the said Church have the presentatione of the said schooll master from time to time, all which the said James Campbell is Content to doe at the sight of any the saids Lords shall appoint and to find suficient Cautione acted in the saids Lords their books for that effect as the said petitione bears The Lords of their majesties privy Councill haveing Considered the above petition given in to them be Sir Collin Campbell of Aberuchill one of the senators of the Collodge of Justice, William Row of Innerallan and John Moir of Craigarnall heritors of the parish of Leikropt and Mr John Logan present minister of the said parish with the act of deprivation of Mr William Weymes and act of admission of the said Mr John wish the factory and Decreets obtained at the instance of James Campbell and horning raised theron all mentioned in and produced with the said petitione They heirby allow and authorize the said James Campbell to uplift and Collect what is unuplifted by him of the stipend of the said kirk for the years Jaj vjc nyntie and Jaj vjc nyntie one, Jaj vjc nyntie two and Jaj vjc nyntie thrie And Ordaines the said James Campbell to be readily answered obeyed and payed therof, Be the heritors fewars Lyfrentars wodsetters titulars tacksmen possessors and others Lyable in payment therof and for that effect to put the saids letters allready raised in his name upon the said decreet obtained at his instance to farder execution, And if need bees Ordaines new letters under the signet of Councill to be raised upon the said Decreet upon production of a decreet of Locallity, And in case ther be no Decreet of Locallity Ordaines these Lyable in payment to make payment of their respective proportiones according as the same shall be determined by the Judge ordinary and the said stipend being so Collected and uplifted ordaines the said James Campbell to apply the samen in maner aftermentioned viz to pay to the said Mr William Weymes the soume of five hundred merks and to pay to the said Mr John Logan the stipend of the said kirk for the last half of the Cropt Jaj vjc nyntie thrie years and in the thrid place to repair the Church yeard dykes and manse of the said parish and appoints the Supperplus to be applyed and Imployed as a stock to the schooll master of a schooll to be keeped in the said parish, And that upon suficient security and the annualrent therof to be payed yearly to the schooll master for the time being with this quality allwaise that the present Lord Cardross and his successors patrones of the said Church shall have the presentatione of the said schooll master from time to time In Respect the said James Campbell has given bond and and4 found suficient Cautione acted in the books of of5 privy Councill that he shall apply and Imploy the said stipend for the ends and uses forsaids.

1. NRS, PC2/24, 379r-381r.

2. The word ‘expence’ scored out here.

3. Closing bracket missing.

4. Sic.

5. Sic.

1. NRS, PC2/24, 379r-381r.

2. The word ‘expence’ scored out here.

3. Closing bracket missing.

4. Sic.

5. Sic.

Act, 13 March 1694 (pm), Edinburgh

Posted on by

Eodem die [13 March 1694], Post Meridiem

D1694/3/301

Act

Act Lundie of Drums for his daughter and Cheldrein

Anent a Petition given in to the Lords of their Majesties privy Councill be George Lundie of Drums in name and behalfod Anna Lundie his daughter and spouse to Mr William Grant late minister at Newburgh and her Cheldrein Shewing that quher by their majesties late2 act of parliament, The patrons of each parish within this kingdome have power and libertie allowed them to dispose upon the vaccand stipends within their respective parishes to such pious uses within the Samen as should be thought fit to be disposed on be them, And the patron of the said parish kirk of Newburgh haveing given in a petition to the saids Lords in September Jaj vjc nyntie two, he did therupon obtaine ane act from the saids Lords allowing the haill bygone stipends of the said parish since the terme of Mertimess Jaj vjc Eightie nyne to be uplifted be him for the pious uses therin mentioned, And the saids Lords Did therby nominat Mr David Orm in Newburgh to be factor for uplifting the samen And Seing that ther is a great part of the said stipend uplifted by the said factor and applyed be him to the pious uses to which it was destinat and appointed, And that the said patron being now suficiently informed of the great want and necessitie that the said Anna Lundie and her Cheldrein are redacted unto, He with Content of the heritors baillies and toune Councill of the said burgh and parish, Did freely give for their Mantinance the vaccand stipend of the said parish for this parish year and preceedings since the vaccancie, Which are yet indisposed of, And doth therby intreat the saids Lords to interpone their Lordships authoritie to the forsaid gift and pass ane act in favors of the said Anna Lundie and her Cheldrein or their factor, Ordaineing the heritors and Others Lyable in payment of the said stipend To make thankfull payment therof to them, And Doeth intreat the saids Lords to retire the said Mr David Orm factor his bond of Cautionrie, And Discharge him of his intromissiones and from any furder medling therwith, And to be Comptable to the said Anna Lundie and her factor for what of his intromissiones are yet in his hands, And to which the said Mr David Consents as the said voluntar and free gift therwith produced would instruct And Therfore humbly Supplicating to the effect aftermentioned The Lords of their majesties privy Councill haveing Considered this petition given in to them be the above George Lundie of Drums in name and behalf of his daughter and her Childrein with the gift and Consent of the patron mentioned therin and produced therwith subscryved by the Lord Linodoirs as patron of the above kirk of Newburgh and Mr David Orme and the heritors baillies and toune Councill of the burgh and parish of Newburgh They heirby allow to the above Anna Lundie and her Cheldrein the vaccand stipend of the said kirk of Newburgh for this present cropt and year of god Jaj vjc nyntie four, and also the remanent not uplifted of the former years by the said Mr David Orme since the vaccancie, and Decernes and Ordaines the heritors fewars titulars tacksmen of Teynds tenants possessors and others Lyable in payment of the same to make payment to the said George Lundie of Drums in name and for the use and behove of his said daughter and her Cheldrein of the said years stipend and of the remanent not uplifted of the former years by the said Mr David Orme since the vaccancie and ordaines letters of horning under the signet of Councill to be direct at the instance of the said George Lundie against them for that effect Upon production of a decreet of Localitie, and in case ther be no Decreet of Locallitie, Ordaines these Lyable to make payment of their respective proportiones according as the Samen shall be determined be the Judge Ordinary, And the saids Lords doe heirby Ordaine the said Mr David Orme his bond of Cautionrie to be given up and retired and Discharges him from any furder medleing or intromitting with the said stipend, And Ordaines the said Mr David to make Just compt reckoning and payment to the said George Lundie for the use and behoove forsaid of the intromissiones had by him with the said stipend yet in his hands And Ordaines letters of horning to be direct against the said Mr David for that effect.

Eodem die [13 March 1694], Post Meridiem

D1694/3/301

Act

Act Lundie of Drums for his daughter and Cheldrein

Anent a Petition given in to the Lords of their Majesties privy Councill be George Lundie of Drums in name and behalfod Anna Lundie his daughter and spouse to Mr William Grant late minister at Newburgh and her Cheldrein Shewing that quher by their majesties late2 act of parliament, The patrons of each parish within this kingdome have power and libertie allowed them to dispose upon the vaccand stipends within their respective parishes to such pious uses within the Samen as should be thought fit to be disposed on be them, And the patron of the said parish kirk of Newburgh haveing given in a petition to the saids Lords in September Jaj vjc nyntie two, he did therupon obtaine ane act from the saids Lords allowing the haill bygone stipends of the said parish since the terme of Mertimess Jaj vjc Eightie nyne to be uplifted be him for the pious uses therin mentioned, And the saids Lords Did therby nominat Mr David Orm in Newburgh to be factor for uplifting the samen And Seing that ther is a great part of the said stipend uplifted by the said factor and applyed be him to the pious uses to which it was destinat and appointed, And that the said patron being now suficiently informed of the great want and necessitie that the said Anna Lundie and her Cheldrein are redacted unto, He with Content of the heritors baillies and toune Councill of the said burgh and parish, Did freely give for their Mantinance the vaccand stipend of the said parish for this parish year and preceedings since the vaccancie, Which are yet indisposed of, And doth therby intreat the saids Lords to interpone their Lordships authoritie to the forsaid gift and pass ane act in favors of the said Anna Lundie and her Cheldrein or their factor, Ordaineing the heritors and Others Lyable in payment of the said stipend To make thankfull payment therof to them, And Doeth intreat the saids Lords to retire the said Mr David Orm factor his bond of Cautionrie, And Discharge him of his intromissiones and from any furder medling therwith, And to be Comptable to the said Anna Lundie and her factor for what of his intromissiones are yet in his hands, And to which the said Mr David Consents as the said voluntar and free gift therwith produced would instruct And Therfore humbly Supplicating to the effect aftermentioned The Lords of their majesties privy Councill haveing Considered this petition given in to them be the above George Lundie of Drums in name and behalf of his daughter and her Childrein with the gift and Consent of the patron mentioned therin and produced therwith subscryved by the Lord Linodoirs as patron of the above kirk of Newburgh and Mr David Orme and the heritors baillies and toune Councill of the burgh and parish of Newburgh They heirby allow to the above Anna Lundie and her Cheldrein the vaccand stipend of the said kirk of Newburgh for this present cropt and year of god Jaj vjc nyntie four, and also the remanent not uplifted of the former years by the said Mr David Orme since the vaccancie, and Decernes and Ordaines the heritors fewars titulars tacksmen of Teynds tenants possessors and others Lyable in payment of the same to make payment to the said George Lundie of Drums in name and for the use and behove of his said daughter and her Cheldrein of the said years stipend and of the remanent not uplifted of the former years by the said Mr David Orme since the vaccancie and ordaines letters of horning under the signet of Councill to be direct at the instance of the said George Lundie against them for that effect Upon production of a decreet of Localitie, and in case ther be no Decreet of Locallitie, Ordaines these Lyable to make payment of their respective proportiones according as the Samen shall be determined be the Judge Ordinary, And the saids Lords doe heirby Ordaine the said Mr David Orme his bond of Cautionrie to be given up and retired and Discharges him from any furder medleing or intromitting with the said stipend, And Ordaines the said Mr David to make Just compt reckoning and payment to the said George Lundie for the use and behoove forsaid of the intromissiones had by him with the said stipend yet in his hands And Ordaines letters of horning to be direct against the said Mr David for that effect.

1. NRS, PC2/24, 377v-378v.

2. Insertion.

1. NRS, PC2/24, 377v-378v.

2. Insertion.

Warrant, 13 March 1694 (pm), Edinburgh

Posted on by

Eodem die [13 March 1694], Post Meridiem

D1694/3/291

Warrant

Warrand for delivering Archibald Hodge to the magistrats of Edinburgh

The Lords of their majesties privy Councill Doe heir Ordaine Archibald Hodge presently prisoner in the Tolbooth of Edinburgh for thift and in respect of his oun Consent To be delivered to the magistrates of Edinburgh To be sent to serve in their Majesties Warrs in Flanders and not to returne without the saids Lords leave, For which these particulars shall be a suficient warrand to all persones concerned.

Eodem die [13 March 1694], Post Meridiem

D1694/3/291

Warrant

Warrand for delivering Archibald Hodge to the magistrats of Edinburgh

The Lords of their majesties privy Councill Doe heir Ordaine Archibald Hodge presently prisoner in the Tolbooth of Edinburgh for thift and in respect of his oun Consent To be delivered to the magistrates of Edinburgh To be sent to serve in their Majesties Warrs in Flanders and not to returne without the saids Lords leave, For which these particulars shall be a suficient warrand to all persones concerned.

1. NRS, PC2/24, 377v.

1. NRS, PC2/24, 377v.

Act, 13 March 1694 (pm), Edinburgh

Posted on by

Eodem die [13 March 1694], Post Meridiem

D1694/3/281

Act

Act Sir Francis Kinloch

Anent a Petition given in to the Lords of their Majesties privy Councill be Sir Francis Kinloch of Gillmartoune Shewing that quher the petitioner being Creditor upon the estate of Boningtoune for upwards of Threttie thousand pund and haveing exposed the Lands to sale in the ordinary forme, Alexander Chaipland writter to the signet being preferred from whom the petitioner decyves right which is the last remeed for recovering payment of his Just debt And which at the same time will subject him for the superplus of the pryce to other Creditors And yet nevertheless the petitioner has Just reasone to be affraid that his possession will be disturbed as it has been formerly by Charles Scot of Bonytoune the comon debitor when he endeavored to possess the estate be vertue of his reall rights Lykeas the petitioner has raised letters of Laborrowes against the said Charles Scot the late heritor and hitherto hath found no Cautione, And in the mean time he doeth violently and masterfully Robb and oppress the tenants of the said Lands and insolently minace and threaten the purchaser in manifast contempt of Justice and the Lawes of the kingdome, And does Continue to Shelter himself within the presincts of the Abbay, albeit he be not only under Captione for many Civill debts, But likwayes Declared fugative upon aproces before the Justice for deforcement And seing it is of very ill example that his majesties pallaces should be a protection for any in such Circumstances, and that ther is absolute necessitie the saids Charles Scot be put to the Outmost rigour And Therfore humbly Craveing the saids Lords would be pleased to ordaine the baillie of the Abbay not to receive the said Charles Scot within the presincts And to declair that his persone shall be alse open to the executione of the petitioners Caption within the Abbay or any other priviledged place of the kingdome as also that the saids Lords would grant warrand and order to the Commanders of the forces to asist the petitioner upon production of the saids Lords warrand when requyred for the vindicatione of the honor and Justice of the natione which sufers extreamly by this contempt of the Lawes within four myles of the Capitall city of the kingdome as the petition bears The Lords of their majesties privy Councill haveing Considered this petition given in to the be the above Sir Francis Kinloch with themselves Under a nottars hand Intimating to Scot of Bonnytoun to give in answers to this petitione Which he hes not done, They heirby Recomined to Sir Thomas Liveingstoune Comander in Cheif of their Majesties forces to be asistant to the petitioner which military force in puting his letters of Captione to executione against Charles Scot of Boytoune at any place without the presinct of the abbay of Hollyruidhouse.

Eodem die [13 March 1694], Post Meridiem

D1694/3/281

Act

Act Sir Francis Kinloch

Anent a Petition given in to the Lords of their Majesties privy Councill be Sir Francis Kinloch of Gillmartoune Shewing that quher the petitioner being Creditor upon the estate of Boningtoune for upwards of Threttie thousand pund and haveing exposed the Lands to sale in the ordinary forme, Alexander Chaipland writter to the signet being preferred from whom the petitioner decyves right which is the last remeed for recovering payment of his Just debt And which at the same time will subject him for the superplus of the pryce to other Creditors And yet nevertheless the petitioner has Just reasone to be affraid that his possession will be disturbed as it has been formerly by Charles Scot of Bonytoune the comon debitor when he endeavored to possess the estate be vertue of his reall rights Lykeas the petitioner has raised letters of Laborrowes against the said Charles Scot the late heritor and hitherto hath found no Cautione, And in the mean time he doeth violently and masterfully Robb and oppress the tenants of the said Lands and insolently minace and threaten the purchaser in manifast contempt of Justice and the Lawes of the kingdome, And does Continue to Shelter himself within the presincts of the Abbay, albeit he be not only under Captione for many Civill debts, But likwayes Declared fugative upon aproces before the Justice for deforcement And seing it is of very ill example that his majesties pallaces should be a protection for any in such Circumstances, and that ther is absolute necessitie the saids Charles Scot be put to the Outmost rigour And Therfore humbly Craveing the saids Lords would be pleased to ordaine the baillie of the Abbay not to receive the said Charles Scot within the presincts And to declair that his persone shall be alse open to the executione of the petitioners Caption within the Abbay or any other priviledged place of the kingdome as also that the saids Lords would grant warrand and order to the Commanders of the forces to asist the petitioner upon production of the saids Lords warrand when requyred for the vindicatione of the honor and Justice of the natione which sufers extreamly by this contempt of the Lawes within four myles of the Capitall city of the kingdome as the petition bears The Lords of their majesties privy Councill haveing Considered this petition given in to the be the above Sir Francis Kinloch with themselves Under a nottars hand Intimating to Scot of Bonnytoun to give in answers to this petitione Which he hes not done, They heirby Recomined to Sir Thomas Liveingstoune Comander in Cheif of their Majesties forces to be asistant to the petitioner which military force in puting his letters of Captione to executione against Charles Scot of Boytoune at any place without the presinct of the abbay of Hollyruidhouse.

1. NRS, PC2/24, 377r-377v.

1. NRS, PC2/24, 377r-377v.

Act, 13 March 1694 (pm), Edinburgh

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Eodem die [13 March 1694], Post Meridiem

D1694/3/271

Act

Act Richard Pulline

Anent a Petition given in to the Lords of their Majesties privy Councill be Richard Pulline prisoner in the Tolbooth of the Cannogate Shewing That quher the petitioner being Imprisoned upon a pretended clame by the Earle of Dunigald in Ireland against the petitioner for prosecuting quherof the saids Lords did Grant a Commissione to Coll Forbes And as to this Complaint the petitioner did humbly represent to the saids Lords by a petition upon the fiftein of February last And that the petitioner being ane stranger not only Ignorant of the lawes and customes of the natione, But altogither unknowen here, And that it could not be expected that the petitioner could find Cautione for the soume pretended to be due be the petitioner to the said Earle But that the petitioner doeth understand that it doeth not consist with the Lawes of this nation to seaze upon or secure any mans persone upon the accompt of ane Civill claime, But that the clame must be constitute by Decreet and the Decreet execute upon a Competent number of dayes and in case no obedience were given Law allowes personall Imprisonment As this is the Law of the Subjects of this natione, So the petitioner being ane Stranger might Justly decline to answer before any Judicatory in it upon the accompt of any debt or misdemanor unles the same hade been Comitted dureing the petitioners abode within this natione Or against their Majesties government and the petitioner doeth contend that he could far less be put and detained in prison nor oblidged to answer to any Judicatory in the nation upon the accompt of any privat debt not contracted in it, or for the Cause of any alledged missdemanor in another nation being of a privat concerne and if the petitioner a Stranger hade been at all Conveenable he ought to have hade the priviledge of subjects, And seing no subjects could be sumarly seazed upon and Imprisoned he did humbly expect the saids Lords would grant his liberation specially Considering that ther was no evidence or instruction either of misdemanor or debt offered against the petitioner, Upon which aplicatione the saids Lords were pleased to order the Earle of Duningald or any haveing Commissione from him to insist against the petitioner for any thing his Lordship hade to lay to the petitioners charge and that before any Judge competent within this kingdom and that betwixt and the fifteinth instant, And Granted warrand to sett the petitioner at libertie upon his finding Cautione acted in the saids Lords books that he should atttend the dyets of proces to be intented and executione of the sentance to be pronunced against the petitioner untill the forsaid day In obedience to which sentance and in regaird he being a Stranger and could not find Caution for So great a Soume the petitioner hade Lyen in prison now for the Space of a moneth since the saids Lords interloquitor and thrie weeks before the same Wherby the petitioners health is greatly prejudged and his affairs slighted to his great Disadvantadge and all occasioned by the instigation of some malitious servants that have gott into the Earle of Duningalds Service Neither is ther so much as a sumonds or proces raised against the petitioner to this very hour notwithstanding of the saids Lords perempter appointement and his readiness to answer the same 2 And Thefore humbly Suplicating the saids Lords to the effect aftermentioned The Lords of their majesties privy Councill haveing Considered this petition given in to them be the above Richard Pauline, They heirby Give order and warrand to the baillies of the Cannogate and keeper of their Tolbooth, To sett the petitioner at Libertie furth therof at any time after the fifteinth of March instant unless the Earle of Dunegald or some other haveing Commission from him doe insist against him before any Judge Competent within this kingdome betwixt and the said day.

Eodem die [13 March 1694], Post Meridiem

D1694/3/271

Act

Act Richard Pulline

Anent a Petition given in to the Lords of their Majesties privy Councill be Richard Pulline prisoner in the Tolbooth of the Cannogate Shewing That quher the petitioner being Imprisoned upon a pretended clame by the Earle of Dunigald in Ireland against the petitioner for prosecuting quherof the saids Lords did Grant a Commissione to Coll Forbes And as to this Complaint the petitioner did humbly represent to the saids Lords by a petition upon the fiftein of February last And that the petitioner being ane stranger not only Ignorant of the lawes and customes of the natione, But altogither unknowen here, And that it could not be expected that the petitioner could find Cautione for the soume pretended to be due be the petitioner to the said Earle But that the petitioner doeth understand that it doeth not consist with the Lawes of this nation to seaze upon or secure any mans persone upon the accompt of ane Civill claime, But that the clame must be constitute by Decreet and the Decreet execute upon a Competent number of dayes and in case no obedience were given Law allowes personall Imprisonment As this is the Law of the Subjects of this natione, So the petitioner being ane Stranger might Justly decline to answer before any Judicatory in it upon the accompt of any debt or misdemanor unles the same hade been Comitted dureing the petitioners abode within this natione Or against their Majesties government and the petitioner doeth contend that he could far less be put and detained in prison nor oblidged to answer to any Judicatory in the nation upon the accompt of any privat debt not contracted in it, or for the Cause of any alledged missdemanor in another nation being of a privat concerne and if the petitioner a Stranger hade been at all Conveenable he ought to have hade the priviledge of subjects, And seing no subjects could be sumarly seazed upon and Imprisoned he did humbly expect the saids Lords would grant his liberation specially Considering that ther was no evidence or instruction either of misdemanor or debt offered against the petitioner, Upon which aplicatione the saids Lords were pleased to order the Earle of Duningald or any haveing Commissione from him to insist against the petitioner for any thing his Lordship hade to lay to the petitioners charge and that before any Judge competent within this kingdom and that betwixt and the fifteinth instant, And Granted warrand to sett the petitioner at libertie upon his finding Cautione acted in the saids Lords books that he should atttend the dyets of proces to be intented and executione of the sentance to be pronunced against the petitioner untill the forsaid day In obedience to which sentance and in regaird he being a Stranger and could not find Caution for So great a Soume the petitioner hade Lyen in prison now for the Space of a moneth since the saids Lords interloquitor and thrie weeks before the same Wherby the petitioners health is greatly prejudged and his affairs slighted to his great Disadvantadge and all occasioned by the instigation of some malitious servants that have gott into the Earle of Duningalds Service Neither is ther so much as a sumonds or proces raised against the petitioner to this very hour notwithstanding of the saids Lords perempter appointement and his readiness to answer the same 2 And Thefore humbly Suplicating the saids Lords to the effect aftermentioned The Lords of their majesties privy Councill haveing Considered this petition given in to them be the above Richard Pauline, They heirby Give order and warrand to the baillies of the Cannogate and keeper of their Tolbooth, To sett the petitioner at Libertie furth therof at any time after the fifteinth of March instant unless the Earle of Dunegald or some other haveing Commission from him doe insist against him before any Judge Competent within this kingdome betwixt and the said day.

1. NRS, PC2/24, 376r-376v.

2. The words ‘as the petition bears’ scored out here.

1. NRS, PC2/24, 376r-376v.

2. The words ‘as the petition bears’ scored out here.

Act, 13 March 1694 (pm), Edinburgh

Posted on by

Eodem die [13 March 1694], Post Meridiem

D1694/3/261

Act

Act Bosswell of Ballmutto

Anent a Petition given in to the Lords of their Majesties privy Councill be David Bosswell of Ballmoutto Shewing That quher the petitioner being by the saids Lords Sentance ordained to remaine in prison ay and quhill he Should find Cautione acted in the books of privy Councill for the petitioners peaceable behavior and good deportment for the future, And that the petitioner should not remove from his oun house beyond the bounds appointed by the saids Lords Sentance The petitioner did with all dutie and submissione accquiess to the forsaid sentance but his misfortune has been so great that his freinds are unwilling to interiss themselves in his liberatione quherby his familly is in hazard to be ruined and himself to die in prison unles the saids Lords dispenced with the Strictness of the obligatione in finding Cautione which the petitioner was hope full would give no offence to the Earle of Leven who is the person principally injured be the petitioners rashnes And Therfore humbly Craveing the saids Lords to dispense with his finding Cautione and to accept of his oun bond in the termes of the interloquitor as the petitione bears The Lords of ther Majesties privy Councill Haveing Considerd this petition given in to them be the above David Bosswall of Ballmutto and the Earle of Leven who was present at the board haveing Declared his willingnes and Consent that the desyre therof might be granted They heirby allow the Clerks of privy Councill To receive the petitioners oun bond without Caution for fullfilling such points of the Sentance of Councill pronunced in the process at the Lord Advocats instance against him upon the seventh day of September last as he is by the said Sentance Decerned to find Caution for And heirby Dispences with that part of the said interloquitor Ordaineing the petitioner to find Cautione.

Eodem die [13 March 1694], Post Meridiem

D1694/3/261

Act

Act Bosswell of Ballmutto

Anent a Petition given in to the Lords of their Majesties privy Councill be David Bosswell of Ballmoutto Shewing That quher the petitioner being by the saids Lords Sentance ordained to remaine in prison ay and quhill he Should find Cautione acted in the books of privy Councill for the petitioners peaceable behavior and good deportment for the future, And that the petitioner should not remove from his oun house beyond the bounds appointed by the saids Lords Sentance The petitioner did with all dutie and submissione accquiess to the forsaid sentance but his misfortune has been so great that his freinds are unwilling to interiss themselves in his liberatione quherby his familly is in hazard to be ruined and himself to die in prison unles the saids Lords dispenced with the Strictness of the obligatione in finding Cautione which the petitioner was hope full would give no offence to the Earle of Leven who is the person principally injured be the petitioners rashnes And Therfore humbly Craveing the saids Lords to dispense with his finding Cautione and to accept of his oun bond in the termes of the interloquitor as the petitione bears The Lords of ther Majesties privy Councill Haveing Considerd this petition given in to them be the above David Bosswall of Ballmutto and the Earle of Leven who was present at the board haveing Declared his willingnes and Consent that the desyre therof might be granted They heirby allow the Clerks of privy Councill To receive the petitioners oun bond without Caution for fullfilling such points of the Sentance of Councill pronunced in the process at the Lord Advocats instance against him upon the seventh day of September last as he is by the said Sentance Decerned to find Caution for And heirby Dispences with that part of the said interloquitor Ordaineing the petitioner to find Cautione.

1. NRS, PC2/24, 375v.

1. NRS, PC2/24, 375v.

Act, 13 March 1694 (pm), Edinburgh

Posted on by

Eodem die [13 March 1694], Post Meridiem

D1694/3/251

Act

Act The lady Monktoune

Anent the petition given in to the Lords of ther Majesties privy Councill be Hellen Ramsay relict of the deceast Mr Alexander Hay of Mounktoune advocat Shewing That the petitioner being infeft upon her Contract of mariadge in ane annuitie of Eightein Hundred merks besyde ane dwelling house and severall other Casualities To be uplifted at two termes in the year furth of the lands and estate of Monktoune, she has intented actione of poynding the ground before the shiref of Edinburgh for payment of her said annuitie since the terme of Whitsunday Jaj vjc nyntie two being the terme Imediatly preceeding the death of her husband, And albeit the petitioner has suficiently instructed the death of her husband by documents sustained by the said shireffs, as the minuts of process heirwith produced to the saids Lords doeth testifie, yet some of the tenants of the said estate being indured by one or other of the Creditors therof, Have officiously upon frivlous grounds stollen out advocation of the said cause as the samen also produced bears, and was of principall that by such straits and deficulties as they designed the petitioner should be therby brought to, To oblidge the petitioner to renunce her said Joynture for ane in adequat matter, notwithstanding the said annuitie was given in Contemplatione of ane Competent Tocher weell secured upon the estate of Abbotshall And seing the advocatione (the session being now clossed) cannot be discussed and that the petitioner and her Child haveing no other mean of subsistance neither has had so much as ane farthing of the rent of the said Estate to mantaine her thir four years by gone So that she cannot expect to be answered of any part of the said annutie to supply her and her Chyld untill the discussing the advocatione without the saids Lords according to ther accustomed equity and Charitie take course therin And Therfore Humbly Craveing the saids Lords to Consider the premisses with the petitioners conditione not Unknowen to some of the saids Lords number And In Respect therof to modifie ane aliement to her respecting bygones since the death and in time comeing untill discussing of the advocation as the saids Lords should find equall and to Ordained Archibald Ker factor appointed by the Lords of Session for the said estate who has four or five years rent therof in his hands to make payment of such ane aliement as the saids Lords should be pleased to modifie as the said petition bears The Saids Lords haveing heard the forsaid petitione with the answers made therto be the Creditors of Mountoune Read in their presence upon the Eight day of march instant and both parties being called for and the Lady Compeiring be Sir James Ogilvie her advocat And Archibald Ker factor for the Creditors Compeiring personally with Mr Hew Dalrymple ther advocat They Recommended to a Committie of their oun number to call for hear and endeavor to setle the parties and incase of deficultie to report to the Councill And the saids Lords haveing this day Considered the forsaid petition given in to them be the above Hellen Ramsay and answers made therto for Archibald Ker factor for the estate of Monktoune and the Creditors of the said estate with a verball report made by a Committie appointed in that matter They heirby Modifie the soume of ane thousand merks ane aliement to the petitioner untill discussing of the above advocatione And Decernes and Ordaines Archibald Kerr factor forsaid to make payment to her of the same at the terme of Whitsunday nixt to come, And Ordaines letters of horning on fiftein dayes and other executions needfull to pass heiron in form as effeirs

Eodem die [13 March 1694], Post Meridiem

D1694/3/251

Act

Act The lady Monktoune

Anent the petition given in to the Lords of ther Majesties privy Councill be Hellen Ramsay relict of the deceast Mr Alexander Hay of Mounktoune advocat Shewing That the petitioner being infeft upon her Contract of mariadge in ane annuitie of Eightein Hundred merks besyde ane dwelling house and severall other Casualities To be uplifted at two termes in the year furth of the lands and estate of Monktoune, she has intented actione of poynding the ground before the shiref of Edinburgh for payment of her said annuitie since the terme of Whitsunday Jaj vjc nyntie two being the terme Imediatly preceeding the death of her husband, And albeit the petitioner has suficiently instructed the death of her husband by documents sustained by the said shireffs, as the minuts of process heirwith produced to the saids Lords doeth testifie, yet some of the tenants of the said estate being indured by one or other of the Creditors therof, Have officiously upon frivlous grounds stollen out advocation of the said cause as the samen also produced bears, and was of principall that by such straits and deficulties as they designed the petitioner should be therby brought to, To oblidge the petitioner to renunce her said Joynture for ane in adequat matter, notwithstanding the said annuitie was given in Contemplatione of ane Competent Tocher weell secured upon the estate of Abbotshall And seing the advocatione (the session being now clossed) cannot be discussed and that the petitioner and her Child haveing no other mean of subsistance neither has had so much as ane farthing of the rent of the said Estate to mantaine her thir four years by gone So that she cannot expect to be answered of any part of the said annutie to supply her and her Chyld untill the discussing the advocatione without the saids Lords according to ther accustomed equity and Charitie take course therin And Therfore Humbly Craveing the saids Lords to Consider the premisses with the petitioners conditione not Unknowen to some of the saids Lords number And In Respect therof to modifie ane aliement to her respecting bygones since the death and in time comeing untill discussing of the advocation as the saids Lords should find equall and to Ordained Archibald Ker factor appointed by the Lords of Session for the said estate who has four or five years rent therof in his hands to make payment of such ane aliement as the saids Lords should be pleased to modifie as the said petition bears The Saids Lords haveing heard the forsaid petitione with the answers made therto be the Creditors of Mountoune Read in their presence upon the Eight day of march instant and both parties being called for and the Lady Compeiring be Sir James Ogilvie her advocat And Archibald Ker factor for the Creditors Compeiring personally with Mr Hew Dalrymple ther advocat They Recommended to a Committie of their oun number to call for hear and endeavor to setle the parties and incase of deficultie to report to the Councill And the saids Lords haveing this day Considered the forsaid petition given in to them be the above Hellen Ramsay and answers made therto for Archibald Ker factor for the estate of Monktoune and the Creditors of the said estate with a verball report made by a Committie appointed in that matter They heirby Modifie the soume of ane thousand merks ane aliement to the petitioner untill discussing of the above advocatione And Decernes and Ordaines Archibald Kerr factor forsaid to make payment to her of the same at the terme of Whitsunday nixt to come, And Ordaines letters of horning on fiftein dayes and other executions needfull to pass heiron in form as effeirs

1. NRS, PC2/24, 374v-375r.

1. NRS, PC2/24, 374v-375r.

Order, 13 March 1694 (pm), Edinburgh

Posted on by

Eodem die [13 March 1694], Post Meridiem

D1694/3/241

Order

[Issobell Tyrie, Lady Glasscloon]

Anent a Petition given in to the Lords of ther Majesties privy Councill be Issobell Tyrie Ladie Glasscloon and her nyne fatherless Cheldrein Shewin That quher it was weell knowen that the petitioner being only daughter and heiress to Sir Thomas Tyrie her father was maried to James Blair brother to the deceased Mr George Blair of Lethentie And that the said Mr George haveing purchased ane right to a debt due by the petitioners deceast father did charge the petitioner to enter air and haveing theron adjudged from the petitioner and her husband her fathers estate and getting the ryss therof setled in his persone, did therafter dispone the some to the said James Blair her said husband and her in Conjunct fie and Lyfrent and their airs Conforme to their infeftment under the great severall But the said Mr George conceaveing afterwards ane unnaturall Coveteous designe against his oun brother and the petitioner though he hade being our trustie Did purchase right to ane appryssing pertaineing to Grange Dick and though the samen wes either satisfied by intromission within the legall or should have accressed in the persone of the said Mr George to the petitioners husband and her as assigneyes yet he made over the Samen to his sone and Eupham Blair his relict who not only violently ejected her poor husband but brock up their house and took away their Chartor Chist wher all ther evidents were and haveing persecute him untill his death, have ever since persecuted the petitioner a poor desolate widow and her fatherless Childrein, And notwithstanding that she hade now for these severall years been wrestling to recover her Joynture, yet she being poor and they rich and in possession she hade never been able to recover the Same but her oppression being nottour The Saids Lords first and then the Lords of Session have been from time to time in use to appoint her ane aliement Lykeas the last aliement given the petitioner be the Lords of sessione haveing expyred at Whitsunday Jaj vjc nyntie thrie the petitioner for want of the then sumer session Did apply to the saids Lords in September last for obtaineing ane new aliement, But becaus of the aproaching session, The saids Lords was pleased to Remitt to the Lords of Session to whom the petitioner Lykewayes Applyed in the begining of november last But their Lordships ordaineing the principall cause to be discussed the petitioner was content therof, when the said Lady Lethendy and her sone brought in against the petitioner (as knowing they had robbed her of her wrytes) ane reductione and Improbatione and yet haveing satisfied the production the petitioner could and brought the cause to ane debate and was most willing and earnest the same should be discused but her contrare parties the pursuers Lying over and she haveing no money to follow out her right The Reporting of her cause wes delayed untill the last week of the session, when all on a Sudden the Lords made a rule that no moe reports should be taken in, Wherupon tho the petitioner hade given in her informationes yet the petitioner was delayed and haveing at the Same time offered ane bill to their Lordships that she at least might have ane aliement such was the throng of the last day of the session and the Vehement Clamour and Importunity of her powerfull adversaries That both her cause and aliement was delayed And Seing this her sadd Distress and that her contrare partie in Conscience of her Just right did only mainly frustrat the petitioner in the end of a session By his offers to submitt even to the petitioners advocats and representing the petitioner as ane person Obstinat and unreasonable and that it was knowen to all that had heard the cause that the petitioner has been and am Most Sadly opprest and must upon ane equall and fair hearing undoubtedly prevaill And Therfore Humbly Craveing the saids Lords according to their accustomed equity and the petitioners knowen and most grevious necessitie being ane poor widow and nyne fatherless Childrein To appoint the petitioners ane aliement such as the saids Lords have been in use and shall think fitt to modifie That at least the petitioners may be subsisted till the sumer session and not cutt of for want now in time of vaccance When its certaine that if once the sumer session were come she must undoubted prevaill as the said petition bears The Lords of their Majesties privy Councill haveing Considered this petitione given into them be the above Issobell Tyrie Lady Glascloon with a Counter petition given in to them be the Lady Lethendy They heirby Modifie the soum of Four hundreth merks scots of Aliement to the said Lady Glascloon for her self and her Cheldrein, And Decernes and Ordaines Eupham Blair Lady Lethendy and […] Blair her sone Conjunctllie and severallie to make payment to the said Lady Glascloon petitioner of the said soume of Four hundred merks at the terme of Whitsunday nixt to come, And ordaines letter of horning on six dayes and others needfull to pass heiron in forme as effeirs.

Eodem die [13 March 1694], Post Meridiem

D1694/3/241

Order

[Issobell Tyrie, Lady Glasscloon]

Anent a Petition given in to the Lords of ther Majesties privy Councill be Issobell Tyrie Ladie Glasscloon and her nyne fatherless Cheldrein Shewin That quher it was weell knowen that the petitioner being only daughter and heiress to Sir Thomas Tyrie her father was maried to James Blair brother to the deceased Mr George Blair of Lethentie And that the said Mr George haveing purchased ane right to a debt due by the petitioners deceast father did charge the petitioner to enter air and haveing theron adjudged from the petitioner and her husband her fathers estate and getting the ryss therof setled in his persone, did therafter dispone the some to the said James Blair her said husband and her in Conjunct fie and Lyfrent and their airs Conforme to their infeftment under the great severall But the said Mr George conceaveing afterwards ane unnaturall Coveteous designe against his oun brother and the petitioner though he hade being our trustie Did purchase right to ane appryssing pertaineing to Grange Dick and though the samen wes either satisfied by intromission within the legall or should have accressed in the persone of the said Mr George to the petitioners husband and her as assigneyes yet he made over the Samen to his sone and Eupham Blair his relict who not only violently ejected her poor husband but brock up their house and took away their Chartor Chist wher all ther evidents were and haveing persecute him untill his death, have ever since persecuted the petitioner a poor desolate widow and her fatherless Childrein, And notwithstanding that she hade now for these severall years been wrestling to recover her Joynture, yet she being poor and they rich and in possession she hade never been able to recover the Same but her oppression being nottour The Saids Lords first and then the Lords of Session have been from time to time in use to appoint her ane aliement Lykeas the last aliement given the petitioner be the Lords of sessione haveing expyred at Whitsunday Jaj vjc nyntie thrie the petitioner for want of the then sumer session Did apply to the saids Lords in September last for obtaineing ane new aliement, But becaus of the aproaching session, The saids Lords was pleased to Remitt to the Lords of Session to whom the petitioner Lykewayes Applyed in the begining of november last But their Lordships ordaineing the principall cause to be discussed the petitioner was content therof, when the said Lady Lethendy and her sone brought in against the petitioner (as knowing they had robbed her of her wrytes) ane reductione and Improbatione and yet haveing satisfied the production the petitioner could and brought the cause to ane debate and was most willing and earnest the same should be discused but her contrare parties the pursuers Lying over and she haveing no money to follow out her right The Reporting of her cause wes delayed untill the last week of the session, when all on a Sudden the Lords made a rule that no moe reports should be taken in, Wherupon tho the petitioner hade given in her informationes yet the petitioner was delayed and haveing at the Same time offered ane bill to their Lordships that she at least might have ane aliement such was the throng of the last day of the session and the Vehement Clamour and Importunity of her powerfull adversaries That both her cause and aliement was delayed And Seing this her sadd Distress and that her contrare partie in Conscience of her Just right did only mainly frustrat the petitioner in the end of a session By his offers to submitt even to the petitioners advocats and representing the petitioner as ane person Obstinat and unreasonable and that it was knowen to all that had heard the cause that the petitioner has been and am Most Sadly opprest and must upon ane equall and fair hearing undoubtedly prevaill And Therfore Humbly Craveing the saids Lords according to their accustomed equity and the petitioners knowen and most grevious necessitie being ane poor widow and nyne fatherless Childrein To appoint the petitioners ane aliement such as the saids Lords have been in use and shall think fitt to modifie That at least the petitioners may be subsisted till the sumer session and not cutt of for want now in time of vaccance When its certaine that if once the sumer session were come she must undoubted prevaill as the said petition bears The Lords of their Majesties privy Councill haveing Considered this petitione given into them be the above Issobell Tyrie Lady Glascloon with a Counter petition given in to them be the Lady Lethendy They heirby Modifie the soum of Four hundreth merks scots of Aliement to the said Lady Glascloon for her self and her Cheldrein, And Decernes and Ordaines Eupham Blair Lady Lethendy and […] Blair her sone Conjunctllie and severallie to make payment to the said Lady Glascloon petitioner of the said soume of Four hundred merks at the terme of Whitsunday nixt to come, And ordaines letter of horning on six dayes and others needfull to pass heiron in forme as effeirs.

1. NRS, PC2/24, 373r-374r.

1. NRS, PC2/24, 373r-374r.

Decreet, 13 March 1694 (pm), Edinburgh

Posted on by

Eodem die [13 March 1694], Post Meridiem

D1694/3/231

Decreet

Decreet Earl of Callander and his Tutor Against The Countess therof

Anent the Supplication given in to the Lords of their majesties privy Councill be James Earle of Calander and George Earle of Linlithgow his tutor and Curator sine quo non and his other tutors Shewin That quher2 the rents of the lands and estate of ane air is absorbed by lyfrents of relicts and annualrents of Sums of money due forth of the estate, so as the air hes no aliement furth therof, The saids Lords conforme to the lawes and constant practique of this kingdome are allwayes in use to modifie ane aliement to the air to be payed by the lyfrentars out of their Lyfrent lands effeirand to the air his estate and their respective Lyfrents. Bot so it is that the greatest part of the Lands and estate of Callander is lyfrented by Mary Countes of Callander relict of umquhill Alexander Earle of Callander the petitioners grand uncle and by Anna Countes of Callander his mother and albeit the petitioners said mother did lately out of the love and favor she bears to the petitioner and for standing of the familly freely quyt and Discharge one Thousand merks yearly of her Joynture which was in haill five thousand merks of annuitie and for the remaineing four did accept of Lands in leiw therof, And that for the more easie paying of the annualrents of the debts due upon the estate, yet notwithstanding therof that part of the said estate which is unlyfrented is farr short of paying the Current annualrents of the debts and burdeins upon the estate, and will intake the sum of […] yearly as the abreviat of the rentall of the wholl estate lyfrented and unlyfrented and of the debts and burdeins therin ready to be produced, And to be instructed by the Speciall rentall of the estate and particular list of debts bears, So that according to the present condition of the petitioners estate and debts, not only will annualrents in a great measure Lye unpayed and so Swell up to a Soume to the absolute exhausting of the propertie and utter ruine of the familly But the petitioner will be altogither destitute of a suitable aliement for the petitioners sustinance and educatione And Therfor humbly Craveing the saids Lords would be pleased to modifie to the petitioner (who aine our served and retoured in the Said estate to the said late Earle of Callander the petitioners father) ane aliement yearly out of the Lands Lyfrented by the said Mary Countes of Callender the petitioners grand uncles relict And to ordaine her and James Liveinstoune of West Quarter now her husband for his intrest To make payment to the petitioner of the aliment to be modified by the saids Lords effeir and to the estate and her proportion of her Lyfrent as the said petition at more leanth bears The Lords of their majesties privy Councill haveing Considered the above petition with the answers made therto for Mary Countes of Callander and her husband And both parties being called and the Earle of Linlithgow being personally present did remove from the board to the barr and Sir James Ogilvie and Mr George Alexander Compeiring as advocats for the Earle of Callander, and […] Liveingstoune of Westquarter Compeiring Compeiring3 personally for himself and the said Mary Countes of Callander his Lady with Sir James Stewart their majesties advocat and Mr Hew Dalrymple advocat And the saids Lords haveing at leanth heard both parties advocats They by their interloquitor of the twentie two day of February last Recomended to a Comittie of their oun number to Comon with and endeavor to aggree To take tryall by probation or otherwayes both as to the condition of the state of Callander and the Earles oun condition and alse as to the said Mary Countes of callander her Joynture and to report ther Opinion to the Councill and the Comittie haveing this day made their report to them And the Councill Haveing Considered the above petitione and answers Togither with the other petitiones given in hinc inde in this process, And haveing heard both parties procurators formerly as said is, And haveing Considered the instructions or writtes produced for aither partie The Saids Lords of their Majesties privy Councill Finds That notwithstanding Anna Countes of Callander the Earles mother for enabling him to pay his annualrents has restricted her Joyntur of five Thousand merks of yearly annuitie to four Thousand merks of land rent, That yet the Earles estate is exhausted with the two Lyfrents and annualrents of debts And Therfore Have Ordained and heirby Ordaines the said Mary Countes of Callander and James Liveingstoune of Westquarter her husband for his intrest To make payment to the said Earle of Callander or his tutors or factors in his name yearly at two termes in the year whitsunday and mertmiss be equall proportiones dureing all the years of the Countes Lyfetime the Soume of ane Thousand punds Scots money as ane aliementary provisione Commenceing from the terme of mertimes last by past begining the first termes payment of the said aliementary provision at the feast and terme of Whitsunday nixt as for the terme preceeding and so furth yearly and termely in time comeing dureing the space forsaid the termes of payment being allwayes first come and bygone And appoints the Earle of Linlithgow tutor to the said Earle of Callender to subscryve the list of the principall soumes affecting the estate of callander produced for the Earle in the hands of the Clerks of Councill To the effect the said Countes may disprove the verity of the said list and may have defalcation of the said aliement proportionally and effeiring to the annualrents of such of the principall soumes in the said list as shall be disproven by her And Ordaines letters of horning on fiftein dayes and others needfull to be direct heiron in forme as effeirs.

Eodem die [13 March 1694], Post Meridiem

D1694/3/231

Decreet

Decreet Earl of Callander and his Tutor Against The Countess therof

Anent the Supplication given in to the Lords of their majesties privy Councill be James Earle of Calander and George Earle of Linlithgow his tutor and Curator sine quo non and his other tutors Shewin That quher2 the rents of the lands and estate of ane air is absorbed by lyfrents of relicts and annualrents of Sums of money due forth of the estate, so as the air hes no aliement furth therof, The saids Lords conforme to the lawes and constant practique of this kingdome are allwayes in use to modifie ane aliement to the air to be payed by the lyfrentars out of their Lyfrent lands effeirand to the air his estate and their respective Lyfrents. Bot so it is that the greatest part of the Lands and estate of Callander is lyfrented by Mary Countes of Callander relict of umquhill Alexander Earle of Callander the petitioners grand uncle and by Anna Countes of Callander his mother and albeit the petitioners said mother did lately out of the love and favor she bears to the petitioner and for standing of the familly freely quyt and Discharge one Thousand merks yearly of her Joynture which was in haill five thousand merks of annuitie and for the remaineing four did accept of Lands in leiw therof, And that for the more easie paying of the annualrents of the debts due upon the estate, yet notwithstanding therof that part of the said estate which is unlyfrented is farr short of paying the Current annualrents of the debts and burdeins upon the estate, and will intake the sum of […] yearly as the abreviat of the rentall of the wholl estate lyfrented and unlyfrented and of the debts and burdeins therin ready to be produced, And to be instructed by the Speciall rentall of the estate and particular list of debts bears, So that according to the present condition of the petitioners estate and debts, not only will annualrents in a great measure Lye unpayed and so Swell up to a Soume to the absolute exhausting of the propertie and utter ruine of the familly But the petitioner will be altogither destitute of a suitable aliement for the petitioners sustinance and educatione And Therfor humbly Craveing the saids Lords would be pleased to modifie to the petitioner (who aine our served and retoured in the Said estate to the said late Earle of Callander the petitioners father) ane aliement yearly out of the Lands Lyfrented by the said Mary Countes of Callender the petitioners grand uncles relict And to ordaine her and James Liveinstoune of West Quarter now her husband for his intrest To make payment to the petitioner of the aliment to be modified by the saids Lords effeir and to the estate and her proportion of her Lyfrent as the said petition at more leanth bears The Lords of their majesties privy Councill haveing Considered the above petition with the answers made therto for Mary Countes of Callander and her husband And both parties being called and the Earle of Linlithgow being personally present did remove from the board to the barr and Sir James Ogilvie and Mr George Alexander Compeiring as advocats for the Earle of Callander, and […] Liveingstoune of Westquarter Compeiring Compeiring3 personally for himself and the said Mary Countes of Callander his Lady with Sir James Stewart their majesties advocat and Mr Hew Dalrymple advocat And the saids Lords haveing at leanth heard both parties advocats They by their interloquitor of the twentie two day of February last Recomended to a Comittie of their oun number to Comon with and endeavor to aggree To take tryall by probation or otherwayes both as to the condition of the state of Callander and the Earles oun condition and alse as to the said Mary Countes of callander her Joynture and to report ther Opinion to the Councill and the Comittie haveing this day made their report to them And the Councill Haveing Considered the above petitione and answers Togither with the other petitiones given in hinc inde in this process, And haveing heard both parties procurators formerly as said is, And haveing Considered the instructions or writtes produced for aither partie The Saids Lords of their Majesties privy Councill Finds That notwithstanding Anna Countes of Callander the Earles mother for enabling him to pay his annualrents has restricted her Joyntur of five Thousand merks of yearly annuitie to four Thousand merks of land rent, That yet the Earles estate is exhausted with the two Lyfrents and annualrents of debts And Therfore Have Ordained and heirby Ordaines the said Mary Countes of Callander and James Liveingstoune of Westquarter her husband for his intrest To make payment to the said Earle of Callander or his tutors or factors in his name yearly at two termes in the year whitsunday and mertmiss be equall proportiones dureing all the years of the Countes Lyfetime the Soume of ane Thousand punds Scots money as ane aliementary provisione Commenceing from the terme of mertimes last by past begining the first termes payment of the said aliementary provision at the feast and terme of Whitsunday nixt as for the terme preceeding and so furth yearly and termely in time comeing dureing the space forsaid the termes of payment being allwayes first come and bygone And appoints the Earle of Linlithgow tutor to the said Earle of Callender to subscryve the list of the principall soumes affecting the estate of callander produced for the Earle in the hands of the Clerks of Councill To the effect the said Countes may disprove the verity of the said list and may have defalcation of the said aliement proportionally and effeiring to the annualrents of such of the principall soumes in the said list as shall be disproven by her And Ordaines letters of horning on fiftein dayes and others needfull to be direct heiron in forme as effeirs.

1. NRS, PC2/24, 371v-373r.

2. Insertion.

3. Sic.

1. NRS, PC2/24, 371v-373r.

2. Insertion.

3. Sic.

Order, 13 March 1694 (pm), Edinburgh

Posted on by

Eodem die [13 March 1694], Post Meridiem

D1694/3/221

Order

Committie and Stop Dun and others Commissioners for the shyre of Angus.

Anent a Petition given in to the Lords of their Majesties privy Councill be David Erskine of Dun John Fullertoune of Kinaber, James Scot of Logie and James Mylne of Ballweill Commissioners to the parliament for the shire of Forfar with the other heritors of the said shyre that adhere to them Shewing that quher upon a remitt of Parliament their Lordships Ordained a revaluatione to be made of the said shyre And that such of the heritors as hade qualified themselves should be valuators In obedience Wherunto the Saids heritors did meet and were about to proceed when some of the heritors who hade ther oun particular Designes did apply to the saids Lords that all the heritors within the said shyre tho not qualified before, yet qualifying themselves therafter should be received into the number of valuators The Strict reasone and drift quherof did very quickly appear for when the valuators hade appointed that all the heritors should bring in their rentalls against the meeting Ordained in October, when the day of meeting came and the valuators expected that the said rentalls should be procured, Ther appeared Eight persones pretending to be heritors But all of them at best petty fewars, And some of them not haveing above ane accre or two of Land with the burdein of a Considerable few dutie of no less then a boll per acre, and some of them who could not either read or writt, which appeared from ther Causeing the Clerk Signe the assurance for them Which persones qualifieing themselves took place as heritors and valuators, But to shew that this was but a packt Contrivance So Soon as they were admitted in stead of proceeding to receive in the rentalls, They adjourned their nixt meeting untill the second Tusday of march to the manifast frustration of the parliament and the saids Lords appointment of the said revaluatione, And Seing that the forsaid practise is not only a visible abuse and such as was at the time protested against by the said Laird of Dun But also manifastly contrare to the meaning and intention of both parliament and Councill who in no doubt never proposed that any should be valuators but substantious heritors and such as hade at least so much rent as might Capacitate them to be Commisioners of parliament and that also the forsaid delay is ane open Declaration and Scorne that in effect they designe rather to frustrat then to perfect the revaluatione ordained And Therfore humbly Craveing the saids Lords for remeedie of such a gross and visible abuse To Declare and Ordaine in the first place that non Meet or act as valuators within the said shyre Except they have at least four hundred punds of valued rent of Estate within the shyre Discharging all others to meet or act for heirafter, And in the nixt place to ordaine the valuators thus allowed to meet peremptorly upon the forsaid second Tuesday of March, and being so mett to proceid closly and vigerously for perfecting of the said revaluatione appointing their dyets for therafter at most with a fourth nights intervall and sooner as they shall see cause But no longer on any pretext and so to attend the said work untill it be accomplished and furder Because the saids valuators doe now find a sencible prejudice in not recording of rentalls brought in in former valuationes Therfore it is furder humbly Craved that the saids Lords would appoint the rentalls now to be brought in to be Recorded by the Clerks in the books of the shyre ad futuram rej memoriam and the haill premisses with such Certificatione as the saids Lords pleased to appoint, and to declare all this to be without prejudice of the saids Lords act forsaid revaluation of the date the twentie day of June last as to all other things therincontained as the said petition bears The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above David Erskine John Fullertoune, James Scot and James Mylne Commissioners to the parliament for the shyre of Forfar with the other heritors of the said Shyre adhereing to them with the answers made therto by the Earles of Strathmore and Airly, The Lairds of Pewnie, Blanamoon, Phinhaven, and the other heritors of the shyre of Angus They heirby Recommend to the Earles of Linlithgow and Anandale and the Lord Beilhaven or any two of them to meett with and hear both parties and endeavor to setle and agree them, And in the mean time stops all procedure of the Commission for valuation of the said shyre of Angus untill the first Councill day in Aprile nixt And Recommends to the Comittie to make ther report to the Councill the said day incase they shall not answer the parties before that time.

Eodem die [13 March 1694], Post Meridiem

D1694/3/221

Order

Committie and Stop Dun and others Commissioners for the shyre of Angus.

Anent a Petition given in to the Lords of their Majesties privy Councill be David Erskine of Dun John Fullertoune of Kinaber, James Scot of Logie and James Mylne of Ballweill Commissioners to the parliament for the shire of Forfar with the other heritors of the said shyre that adhere to them Shewing that quher upon a remitt of Parliament their Lordships Ordained a revaluatione to be made of the said shyre And that such of the heritors as hade qualified themselves should be valuators In obedience Wherunto the Saids heritors did meet and were about to proceed when some of the heritors who hade ther oun particular Designes did apply to the saids Lords that all the heritors within the said shyre tho not qualified before, yet qualifying themselves therafter should be received into the number of valuators The Strict reasone and drift quherof did very quickly appear for when the valuators hade appointed that all the heritors should bring in their rentalls against the meeting Ordained in October, when the day of meeting came and the valuators expected that the said rentalls should be procured, Ther appeared Eight persones pretending to be heritors But all of them at best petty fewars, And some of them not haveing above ane accre or two of Land with the burdein of a Considerable few dutie of no less then a boll per acre, and some of them who could not either read or writt, which appeared from ther Causeing the Clerk Signe the assurance for them Which persones qualifieing themselves took place as heritors and valuators, But to shew that this was but a packt Contrivance So Soon as they were admitted in stead of proceeding to receive in the rentalls, They adjourned their nixt meeting untill the second Tusday of march to the manifast frustration of the parliament and the saids Lords appointment of the said revaluatione, And Seing that the forsaid practise is not only a visible abuse and such as was at the time protested against by the said Laird of Dun But also manifastly contrare to the meaning and intention of both parliament and Councill who in no doubt never proposed that any should be valuators but substantious heritors and such as hade at least so much rent as might Capacitate them to be Commisioners of parliament and that also the forsaid delay is ane open Declaration and Scorne that in effect they designe rather to frustrat then to perfect the revaluatione ordained And Therfore humbly Craveing the saids Lords for remeedie of such a gross and visible abuse To Declare and Ordaine in the first place that non Meet or act as valuators within the said shyre Except they have at least four hundred punds of valued rent of Estate within the shyre Discharging all others to meet or act for heirafter, And in the nixt place to ordaine the valuators thus allowed to meet peremptorly upon the forsaid second Tuesday of March, and being so mett to proceid closly and vigerously for perfecting of the said revaluatione appointing their dyets for therafter at most with a fourth nights intervall and sooner as they shall see cause But no longer on any pretext and so to attend the said work untill it be accomplished and furder Because the saids valuators doe now find a sencible prejudice in not recording of rentalls brought in in former valuationes Therfore it is furder humbly Craved that the saids Lords would appoint the rentalls now to be brought in to be Recorded by the Clerks in the books of the shyre ad futuram rej memoriam and the haill premisses with such Certificatione as the saids Lords pleased to appoint, and to declare all this to be without prejudice of the saids Lords act forsaid revaluation of the date the twentie day of June last as to all other things therincontained as the said petition bears The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above David Erskine John Fullertoune, James Scot and James Mylne Commissioners to the parliament for the shyre of Forfar with the other heritors of the said Shyre adhereing to them with the answers made therto by the Earles of Strathmore and Airly, The Lairds of Pewnie, Blanamoon, Phinhaven, and the other heritors of the shyre of Angus They heirby Recommend to the Earles of Linlithgow and Anandale and the Lord Beilhaven or any two of them to meett with and hear both parties and endeavor to setle and agree them, And in the mean time stops all procedure of the Commission for valuation of the said shyre of Angus untill the first Councill day in Aprile nixt And Recommends to the Comittie to make ther report to the Councill the said day incase they shall not answer the parties before that time.

1. NRS, PC2/24, 370r-371v.

1. NRS, PC2/24, 370r-371v.