Tag Archives: 14 March 1695

Act, 14 March 1695, Edinburgh

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Edinburgh The 14th March 1695

D1695/3/251

Act

Act The Heritors of Badenoch and Kincardine

Anent the petition given in to the Lords of his Majestie privy Councill be William Mcintosh of Bordlum as Baillie to his Grace the Duke of Gordon and in name and behalf of the remanent heritors within the Lordships of Badenoch and Kincairdin Shewing That the said Lordship of Badenoch haveing been Overburdened by the Commissioners of supply who ordained more men to be furnished and sent out of the said Countrey then ther Just proportion for the Last Levie of Two Thousand nyne hundreth seventie one foot Granted be the last sessione of this Current parliament, And the saids heritors haveing given in ane petition to the saids Lords Complaineing of the injury done them, Ther Lordships was then pleased to Grant ane act in ther favors ordaineing the Commissioners to meet againe and rectifie what was done amiss which never haveing been done notwithstanding that the heritors made due intimatione of their Lordships said act to the Commissioners as also to Mr David Polsone shireff depute of Inverness ther Conveener, and haveing taken instruments on ther not meeting and protected to be free of the penalties contained in the saids acts of Councill anent makeing up the defficient men of the said Levie yet to shew ther obedience to the Government and ther Lordships proclamationes as They have not only furnished all the men put upon them albeit far more then ther Just proportione, But have also Consigned in the hand of the said shireff depute two hundred merks for Each man that was not delyvered preceisely against the day appointed for that end, being assured that ther Lordships would ordaine the said money to be delyvered back seing all the men are delyvered as a Certificat under Coll Robert Mckayes hand therwith produced would testifie, and it was not the heritors fault that the men were not delyvered precisely against the time appoynted But the fault of the Commissioners who did not meett in obedience to ther Lordships order for redressing the wrong done by them And Therfore Humbly Craveing the saids Lords would be pleased to Grant order and warrand to the said shiref depute to delyver back the said money Consigned in his hands since the men are all now furnished out of the said Lordship of Badenoch and Kincardine which not being above six Thousand punds of rent is burdeined with near two thousand merks yearly for necessaries which they furnish to the Garisone of Ruthven of Badenoch as shall be Clearly instructed which is a greater burden then any other place of the kingdome Lyeth under and therfore It wes hoped that their Lordships would likewayes take that to ther Consideratione and not to suffer the poor Countrey to be put to so much trouble and expences as the petition bears, The Lords of his Majesties privy Councill having Considered this petition given in to them be the above heritors of Badenoch and Kincardine with the wrytes mentioned therin and produced therwith They hereby ordaine Mr David Polsone shirreff depute of Inverness To delyver back to the petitioners the money Consigned in his hand upon the accompt mentioned in the petitione The shirreff depute allwayes retaineing in his hounds as much of the said money as will satisfie him of the expences he has been at in the matter mentioned in the petitione.

Edinburgh The 14th March 1695

D1695/3/251

Act

Act The Heritors of Badenoch and Kincardine

Anent the petition given in to the Lords of his Majestie privy Councill be William Mcintosh of Bordlum as Baillie to his Grace the Duke of Gordon and in name and behalf of the remanent heritors within the Lordships of Badenoch and Kincairdin Shewing That the said Lordship of Badenoch haveing been Overburdened by the Commissioners of supply who ordained more men to be furnished and sent out of the said Countrey then ther Just proportion for the Last Levie of Two Thousand nyne hundreth seventie one foot Granted be the last sessione of this Current parliament, And the saids heritors haveing given in ane petition to the saids Lords Complaineing of the injury done them, Ther Lordships was then pleased to Grant ane act in ther favors ordaineing the Commissioners to meet againe and rectifie what was done amiss which never haveing been done notwithstanding that the heritors made due intimatione of their Lordships said act to the Commissioners as also to Mr David Polsone shireff depute of Inverness ther Conveener, and haveing taken instruments on ther not meeting and protected to be free of the penalties contained in the saids acts of Councill anent makeing up the defficient men of the said Levie yet to shew ther obedience to the Government and ther Lordships proclamationes as They have not only furnished all the men put upon them albeit far more then ther Just proportione, But have also Consigned in the hand of the said shireff depute two hundred merks for Each man that was not delyvered preceisely against the day appointed for that end, being assured that ther Lordships would ordaine the said money to be delyvered back seing all the men are delyvered as a Certificat under Coll Robert Mckayes hand therwith produced would testifie, and it was not the heritors fault that the men were not delyvered precisely against the time appoynted But the fault of the Commissioners who did not meett in obedience to ther Lordships order for redressing the wrong done by them And Therfore Humbly Craveing the saids Lords would be pleased to Grant order and warrand to the said shiref depute to delyver back the said money Consigned in his hands since the men are all now furnished out of the said Lordship of Badenoch and Kincardine which not being above six Thousand punds of rent is burdeined with near two thousand merks yearly for necessaries which they furnish to the Garisone of Ruthven of Badenoch as shall be Clearly instructed which is a greater burden then any other place of the kingdome Lyeth under and therfore It wes hoped that their Lordships would likewayes take that to ther Consideratione and not to suffer the poor Countrey to be put to so much trouble and expences as the petition bears, The Lords of his Majesties privy Councill having Considered this petition given in to them be the above heritors of Badenoch and Kincardine with the wrytes mentioned therin and produced therwith They hereby ordaine Mr David Polsone shirreff depute of Inverness To delyver back to the petitioners the money Consigned in his hand upon the accompt mentioned in the petitione The shirreff depute allwayes retaineing in his hounds as much of the said money as will satisfie him of the expences he has been at in the matter mentioned in the petitione.

1. NRS, PC2/25, 213r-214r.

1. NRS, PC2/25, 213r-214r.

Order, 14 March 1695, Edinburgh

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Edinburgh The 14th March 1695

D1695/3/241

Order

Anent James Williamsone

Anent the Petition given in to the Lords of his Majesties privy Councill be James Williamson servant to James Moncreiff late Collector of his Majesties Customes at the port of Aberdein Shewing That wher the said James Williamsone haveing been a servant for Severall years to the said James Moncreiff was Sumarly Imprisoned by ane order from the Lord Advocat at the instance of the Tacksmen of the Customes upon pretence he hade Imbazled severall writtes and soumes of money belonging to his masters, and for which his master was Comptable to the saids tacksmen And the Cryme alledged against him being a Calumnious alledgance upon the false representatione of which to the magistrats of Aberdein he was Imprisoned unwarrantably before the Lords Advocats Warrand was procured, and the send Warrand being obtained by the Calumnious and false insinuationes of his enemies without any accussatione against him and he being most unwilling to subject himself to the determinatione of Law Contrare to which he has been so long detained in prisone for no Crime proven against him And Therfore humbly Craveing the saids Lords would be pleased to ordaine him to be set at Liberty as the petition bears, The Lords of his majesties privy Councill Haveing Considered this petition given in to them be the above James Williamsone and answers therto for his majesties advocat and the Tacksmen of the Majesties Customes, Togither with ane missive letter produced with the saids answers They hereby Give orders and warrand to the magistrates of Aberdein and keeper of their Tolbooth to sett the petitioner at Liberty furth therof he first before extracting heirof Giveing bond and finding suficient Cautione acted in the books of privy Councill That he shall enter himself prisoner in the Tolbooth of Edinburgh betwixt and the […] day of […] Ther to Continue till he make Just Compt and reckoning and payment to the saids tacksmen of what shall be Laid to Charge either for his oun or James Moncreiff his master their intromissiones or Imbazlements of his Majesties Customes whensoever he shall be Called to that effect before any Judge Competent, and if he shall faill to find the said Cautione Recomends to Sir James Stewart his majesties advocat To give order and Warrand to the magistrats of Aberdein to delyver the petitioner to the shireff or his deputs to be by them delyvered to nixt shirreff and so from shirreff to shirreff untill he be transported to the Tolbooth of Edinburgh and appoints the magistrats of Edinburgh and keeper of their Tolbooth to receive and detaine him prisoner therin till farder order.

Edinburgh The 14th March 1695

D1695/3/241

Order

Anent James Williamsone

Anent the Petition given in to the Lords of his Majesties privy Councill be James Williamson servant to James Moncreiff late Collector of his Majesties Customes at the port of Aberdein Shewing That wher the said James Williamsone haveing been a servant for Severall years to the said James Moncreiff was Sumarly Imprisoned by ane order from the Lord Advocat at the instance of the Tacksmen of the Customes upon pretence he hade Imbazled severall writtes and soumes of money belonging to his masters, and for which his master was Comptable to the saids tacksmen And the Cryme alledged against him being a Calumnious alledgance upon the false representatione of which to the magistrats of Aberdein he was Imprisoned unwarrantably before the Lords Advocats Warrand was procured, and the send Warrand being obtained by the Calumnious and false insinuationes of his enemies without any accussatione against him and he being most unwilling to subject himself to the determinatione of Law Contrare to which he has been so long detained in prisone for no Crime proven against him And Therfore humbly Craveing the saids Lords would be pleased to ordaine him to be set at Liberty as the petition bears, The Lords of his majesties privy Councill Haveing Considered this petition given in to them be the above James Williamsone and answers therto for his majesties advocat and the Tacksmen of the Majesties Customes, Togither with ane missive letter produced with the saids answers They hereby Give orders and warrand to the magistrates of Aberdein and keeper of their Tolbooth to sett the petitioner at Liberty furth therof he first before extracting heirof Giveing bond and finding suficient Cautione acted in the books of privy Councill That he shall enter himself prisoner in the Tolbooth of Edinburgh betwixt and the […] day of […] Ther to Continue till he make Just Compt and reckoning and payment to the saids tacksmen of what shall be Laid to Charge either for his oun or James Moncreiff his master their intromissiones or Imbazlements of his Majesties Customes whensoever he shall be Called to that effect before any Judge Competent, and if he shall faill to find the said Cautione Recomends to Sir James Stewart his majesties advocat To give order and Warrand to the magistrats of Aberdein to delyver the petitioner to the shireff or his deputs to be by them delyvered to nixt shirreff and so from shirreff to shirreff untill he be transported to the Tolbooth of Edinburgh and appoints the magistrats of Edinburgh and keeper of their Tolbooth to receive and detaine him prisoner therin till farder order.

1. NRS, PC2/25, 212v-213r.

1. NRS, PC2/25, 212v-213r.

Act, 14 March 1695, Edinburgh

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Edinburgh The 14th March 1695

D1695/3/231

Act

Act George Wilsone

Anent the petitione given in to the Lords of his Majesties privy Councill be George Wilsone late Baillie and indwaller in Culross Shewing That wher by Contract of mariage past betwixt the petitioner and Marion Hendersone daughter to Mr William Hendersone now the petitioner spouse of the date the twentie sixt of January Jaj vjc nyntie four, The petitioner have therby oblidged to infeft and secure his said spouse in ane annualrents effeiring to the principall Soume of Eight Thousand merks to be uplifted furth of the lands and aikers therincontained, and particularly furth of alement of Land Dowcat years and pertinents pertaineing to the petitioner Lying in the burgh of Culross And Seing ther is no magistrats at present in the said burgh by whom the petitioners said spouse can be infeft in the forsaid annualrent and who can receive the resignatione, And Therfore Humbly Craveing the saids Lords would authorize the baillie of the regality of Culross in place of the magistrats to receive the resignation and Grant infeftment therupon In favors of his said spouse as the petition bears The Lords of his Majesties privy Councill having Considered this petition given in to them be the above George Wilsone They heirby Authorize […] present baillie of the regality of Culross in place of the magistrats of the said burgh In Respect ther are no magistrats therin for the time To receive the resignatione and infeftment abovementioned and Declares the resignatione and infeftment so made and given to be alse valid and effectuall to all intents and purposes as the same hade been done by any Magistrats of the said burgh of Culross.

Edinburgh The 14th March 1695

D1695/3/231

Act

Act George Wilsone

Anent the petitione given in to the Lords of his Majesties privy Councill be George Wilsone late Baillie and indwaller in Culross Shewing That wher by Contract of mariage past betwixt the petitioner and Marion Hendersone daughter to Mr William Hendersone now the petitioner spouse of the date the twentie sixt of January Jaj vjc nyntie four, The petitioner have therby oblidged to infeft and secure his said spouse in ane annualrents effeiring to the principall Soume of Eight Thousand merks to be uplifted furth of the lands and aikers therincontained, and particularly furth of alement of Land Dowcat years and pertinents pertaineing to the petitioner Lying in the burgh of Culross And Seing ther is no magistrats at present in the said burgh by whom the petitioners said spouse can be infeft in the forsaid annualrent and who can receive the resignatione, And Therfore Humbly Craveing the saids Lords would authorize the baillie of the regality of Culross in place of the magistrats to receive the resignation and Grant infeftment therupon In favors of his said spouse as the petition bears The Lords of his Majesties privy Councill having Considered this petition given in to them be the above George Wilsone They heirby Authorize […] present baillie of the regality of Culross in place of the magistrats of the said burgh In Respect ther are no magistrats therin for the time To receive the resignatione and infeftment abovementioned and Declares the resignatione and infeftment so made and given to be alse valid and effectuall to all intents and purposes as the same hade been done by any Magistrats of the said burgh of Culross.

1. NRS, PC2/25, 212r.

1. NRS, PC2/25, 212r.

Order, 14 March 1695, Edinburgh

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Edinburgh The 14th March 1695

D1695/3/221

Order

Recomendation Alexander Maitland to the thesaurie

Anent a Petition given in the Lords of His Majesties privy Councill be Alexander Maitland Warden of the Mint Shewing That wher the petitioner hade Gift from King Charles the second to be Warden of the mint dureing all the dayes of his lifetime which office with that of Counterwarder He did exerce for the space of Twentie Eight years with all fidelity and honestie Notwithstanding of the strictest inquyries against him, Till of late Mr William Spence did obtaine a gift therof under his majesties Royall hand against which gift the petitioner haveing Complained to the saids Lords as being Surepticiously obtained upon ane Miss-informatione that the office was vaccant, Ther Lordships were pleased to propose methods for a setlement and the petitioner having both a defference to his Majesties Gift, and likewayes to any proposalls that was made be the saids Lords The petitioners was satisfied to have accepted of the Sallarie that was due to him2 preceeding the said time being two hundred punds Sterling and upon payment therof of the petitioner was Content to grant a Dimission of this office which the saids Lords thought very reasonable should be pleased to the petitioner, notwithstanding quherof and that the petitioners right to the said office in the kingdome, And that his Majestie hath been graciously pleased to Grant protection to all persones for defending them in ther Just rights and possessiones, yet the petitioner was put from his office and the forsaid soume of two hundred punds sterling which was to be payed to the petitioner although promised be the Earle of Crafurd then president of the Councill presence of the Earle of Melvill then his majesties Commissioner and the rest of his majesties Councill And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned The Lords of his Majesties privy Councill Haveing Considered this petition given in to the them be the above Alexander Maitland late Warden of the Mint They heirby Recommended To the Lords Commissioners of his Majesties Thesaury, To Cause make payment to the petitioner of the above soume of Two hundred punds sterling In Respect the petitioner has Consigned in the hands of the Clerks of privy Councill ane suficient demission of the said office of Warden In favors of Mr William Spence present Warden of the Mint.

Edinburgh The 14th March 1695

D1695/3/221

Order

Recomendation Alexander Maitland to the thesaurie

Anent a Petition given in the Lords of His Majesties privy Councill be Alexander Maitland Warden of the Mint Shewing That wher the petitioner hade Gift from King Charles the second to be Warden of the mint dureing all the dayes of his lifetime which office with that of Counterwarder He did exerce for the space of Twentie Eight years with all fidelity and honestie Notwithstanding of the strictest inquyries against him, Till of late Mr William Spence did obtaine a gift therof under his majesties Royall hand against which gift the petitioner haveing Complained to the saids Lords as being Surepticiously obtained upon ane Miss-informatione that the office was vaccant, Ther Lordships were pleased to propose methods for a setlement and the petitioner having both a defference to his Majesties Gift, and likewayes to any proposalls that was made be the saids Lords The petitioners was satisfied to have accepted of the Sallarie that was due to him2 preceeding the said time being two hundred punds Sterling and upon payment therof of the petitioner was Content to grant a Dimission of this office which the saids Lords thought very reasonable should be pleased to the petitioner, notwithstanding quherof and that the petitioners right to the said office in the kingdome, And that his Majestie hath been graciously pleased to Grant protection to all persones for defending them in ther Just rights and possessiones, yet the petitioner was put from his office and the forsaid soume of two hundred punds sterling which was to be payed to the petitioner although promised be the Earle of Crafurd then president of the Councill presence of the Earle of Melvill then his majesties Commissioner and the rest of his majesties Councill And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned The Lords of his Majesties privy Councill Haveing Considered this petition given in to the them be the above Alexander Maitland late Warden of the Mint They heirby Recommended To the Lords Commissioners of his Majesties Thesaury, To Cause make payment to the petitioner of the above soume of Two hundred punds sterling In Respect the petitioner has Consigned in the hands of the Clerks of privy Councill ane suficient demission of the said office of Warden In favors of Mr William Spence present Warden of the Mint.

1. NRS, PC2/25, 211r-212r.

2. Insertion.

1. NRS, PC2/25, 211r-212r.

2. Insertion.

Act, 14 March 1695, Edinburgh

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Edinburgh The 14th March 1695

D1695/3/211

Act

Act James and Margrat Pringles

Anent the petition given in to the Lords of his Majesties privy Councill be James and Margret Pringles Childrein to the deceast David Pringle Chirurgeon in Edinburgh Shewing That quher Marion Maxwell relict of the said David Pringle the petitioners mother and sole tutorix haveing left the petitioners within the age of pupilarity and ther Lordships out of Compassione to them Immediatly after ther mothers decease were pleased to recomend to Mr James Andersone to take inspectione of the petitioners and order the payment of ther aliement and educatione from ther mothers Imprisonment to the terme subsequent to her decease which was Whitsunday last Which accordingly was done and they haveing continued ever since with the persones with whom the petitioners ware then2 boarded And Who haveing been at the Charges of ther abulziements and Educatione at at3 Schoolls and of Droge and other Necessaries When any of them were sick And David Pringle petitioners brother who was tutor to them in Law being now dead and ther being no other tutors to them and the persones with whom the petitioners are was not able to want what was due to them and being in hazard of Lossing ther breeding and educatione albeit the petitioners have means of ther oune for defraying the Charges therof seing ther are annualrents due to the petitioners of seaverall soumes wherunto they are provyded which will be more then suficient to defray the forsaid Charges ther portiones amounting near to twelue thousand merks Conforme to ane Condescendance therwith given in And Therfore Humbly Craveing the saids Lords would be pleased in Consideration of ther Sad Circumstances as being destitute orphans Neither haveing nor like to have a tutor nor Overseer, That may uplift for them what is their oun That they may be subsisted by it To Impower the said Mr James Andersone or any others whom the saids Lords pleased to name to uplift alse much of the annualrents fallen and that may fall due of ther provisiones as shall be thought necessary for ther mantinance and Education and to ordaine the debitors therwith given in in list To mak payment to the forsaid persones for their behoove of the said annualrents for the end forsaid and that letters may be Direct Sumarly at the instance of the persone to be named by the saids Lords for that effect Specially Seing what they Crave is regulat by ther fathers dispositione, and needs only their Lordships authority for the better assisting of their Destitute and afflicted case as the said petition bears, The Lords of his Majesties privy Councill haveing Considered this petitione given in to them be the above James and Margrat Pringles They hereby Ordaine […] Maxwell of Kirkhouse and […] Maxwell his Lady To Delyver the other two Childrein of the above Deceast David Pringle viz William and Jean Pringles to Mr James Andersone writter to his Majesties signet and to delyver them here in Edinburgh to be educate and intertained by him as becomes ther quality and authorizes the said Mr James Anderson to uplift the annualrents of the Cheldreins provisiones as the same are or shall fall due from time to time for ther mantinance and educatione and that he be Comptable for the Superplus And Ordaines the debitors in the Childreins bond of provisione to make payment to the said Mr James Andersone of the saids annualrents as they are or shall become due And Ordaines letters of horning to be direct hereon at the instance of the said Mr James and of Sir James Stewart his majesties Advocat for his majesties intrest against the Laird of Kirkhouse and his Lady for delyvering up the Childrein as also at the instance of the said Mr James against the debitors in the saids bonds for payment of the saids annualrents as the same shall became due upon productione of the saids bonds of provisione the horning to be on fiftein dayes and others to pass heirupon in forme as effeirs In Respect the said Mr James Andersone has given bond that he shall be Comptable and make payment to the said Childrein of the superplus of the annualrents, Which shall be uplifted be him more then defrayes the expences of ther mantinance and educatione.

Edinburgh The 14th March 1695

D1695/3/211

Act

Act James and Margrat Pringles

Anent the petition given in to the Lords of his Majesties privy Councill be James and Margret Pringles Childrein to the deceast David Pringle Chirurgeon in Edinburgh Shewing That quher Marion Maxwell relict of the said David Pringle the petitioners mother and sole tutorix haveing left the petitioners within the age of pupilarity and ther Lordships out of Compassione to them Immediatly after ther mothers decease were pleased to recomend to Mr James Andersone to take inspectione of the petitioners and order the payment of ther aliement and educatione from ther mothers Imprisonment to the terme subsequent to her decease which was Whitsunday last Which accordingly was done and they haveing continued ever since with the persones with whom the petitioners ware then2 boarded And Who haveing been at the Charges of ther abulziements and Educatione at at3 Schoolls and of Droge and other Necessaries When any of them were sick And David Pringle petitioners brother who was tutor to them in Law being now dead and ther being no other tutors to them and the persones with whom the petitioners are was not able to want what was due to them and being in hazard of Lossing ther breeding and educatione albeit the petitioners have means of ther oune for defraying the Charges therof seing ther are annualrents due to the petitioners of seaverall soumes wherunto they are provyded which will be more then suficient to defray the forsaid Charges ther portiones amounting near to twelue thousand merks Conforme to ane Condescendance therwith given in And Therfore Humbly Craveing the saids Lords would be pleased in Consideration of ther Sad Circumstances as being destitute orphans Neither haveing nor like to have a tutor nor Overseer, That may uplift for them what is their oun That they may be subsisted by it To Impower the said Mr James Andersone or any others whom the saids Lords pleased to name to uplift alse much of the annualrents fallen and that may fall due of ther provisiones as shall be thought necessary for ther mantinance and Education and to ordaine the debitors therwith given in in list To mak payment to the forsaid persones for their behoove of the said annualrents for the end forsaid and that letters may be Direct Sumarly at the instance of the persone to be named by the saids Lords for that effect Specially Seing what they Crave is regulat by ther fathers dispositione, and needs only their Lordships authority for the better assisting of their Destitute and afflicted case as the said petition bears, The Lords of his Majesties privy Councill haveing Considered this petitione given in to them be the above James and Margrat Pringles They hereby Ordaine […] Maxwell of Kirkhouse and […] Maxwell his Lady To Delyver the other two Childrein of the above Deceast David Pringle viz William and Jean Pringles to Mr James Andersone writter to his Majesties signet and to delyver them here in Edinburgh to be educate and intertained by him as becomes ther quality and authorizes the said Mr James Anderson to uplift the annualrents of the Cheldreins provisiones as the same are or shall fall due from time to time for ther mantinance and educatione and that he be Comptable for the Superplus And Ordaines the debitors in the Childreins bond of provisione to make payment to the said Mr James Andersone of the saids annualrents as they are or shall become due And Ordaines letters of horning to be direct hereon at the instance of the said Mr James and of Sir James Stewart his majesties Advocat for his majesties intrest against the Laird of Kirkhouse and his Lady for delyvering up the Childrein as also at the instance of the said Mr James against the debitors in the saids bonds for payment of the saids annualrents as the same shall became due upon productione of the saids bonds of provisione the horning to be on fiftein dayes and others to pass heirupon in forme as effeirs In Respect the said Mr James Andersone has given bond that he shall be Comptable and make payment to the said Childrein of the superplus of the annualrents, Which shall be uplifted be him more then defrayes the expences of ther mantinance and educatione.

1. NRS, PC2/25, 210r-211r.

2. Illegible word scored out here.

3. Sic.

1. NRS, PC2/25, 210r-211r.

2. Illegible word scored out here.

3. Sic.

Warrant, 14 March 1695, Edinburgh

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Edinburgh The 14th March 1695

D1695/3/201

Warrant

Warrand To Group Drumsuries Bond

The Lords of his Majesties privy Councill That David Crafurd of Drumsuie To whom ther was a former Comissione granted against the Impositione of Irish victuall or Catle The space quherof is now elapsed at the giving of which Commissione The said David Crafurd Did Grant bond and find Cautione under ane Certaine penalty for observing the termes of the said Commission, and that ther Lordships have Granted a new Commissione to him Wherby he is appoynted to give new bond and find new Cautione They heirby Give order and Warrand to their Clerks upon receiveing the new bond to give up the old In Respect ther is no Complaint given in against the said David.

Edinburgh The 14th March 1695

D1695/3/201

Warrant

Warrand To Group Drumsuries Bond

The Lords of his Majesties privy Councill That David Crafurd of Drumsuie To whom ther was a former Comissione granted against the Impositione of Irish victuall or Catle The space quherof is now elapsed at the giving of which Commissione The said David Crafurd Did Grant bond and find Cautione under ane Certaine penalty for observing the termes of the said Commission, and that ther Lordships have Granted a new Commissione to him Wherby he is appoynted to give new bond and find new Cautione They heirby Give order and Warrand to their Clerks upon receiveing the new bond to give up the old In Respect ther is no Complaint given in against the said David.

1. NRS, PC2/25, 210r.

1. NRS, PC2/25, 210r.

Act, 14 March 1695, Edinburgh

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Edinburgh The 14th March 1695

D1695/3/191

Act

Act Jean Jancie

The Lords of his Majesties privy Councill Doe heirby Discharge the keeper of the Cannogate Tolbooth to exact any house or other dues from John Jancie prisoner in the said Tolbooth And Recomends to the Lords Commissioners of his Majesties thesaury To Cause make payment to James Hamiltone keeper of the said Tolbooth of the soumes that shall be found Justly resting to him by the saids Lords of thesaurie for the said house or other dues.

Edinburgh The 14th March 1695

D1695/3/191

Act

Act Jean Jancie

The Lords of his Majesties privy Councill Doe heirby Discharge the keeper of the Cannogate Tolbooth to exact any house or other dues from John Jancie prisoner in the said Tolbooth And Recomends to the Lords Commissioners of his Majesties thesaury To Cause make payment to James Hamiltone keeper of the said Tolbooth of the soumes that shall be found Justly resting to him by the saids Lords of thesaurie for the said house or other dues.

1. NRS, PC2/25, 209v.

1. NRS, PC2/25, 209v.

Warrant, 14 March 1695, Edinburgh

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Edinburgh The 14th March 1695

D1695/3/181

Warrant

Warrand Glenkindie for a Lybell befor the parliament

Anent the petition given in to the Lords of his Majesties privy Councill be Alexander Strachan of Glenkindie Shewing That quher in the year Jaj vjc Seventie Six the petitioner was pursued at the instance of the then Kings Advocat for the alledged Slaughter of Alexander Sour and put under the exorbitant baill of Twentie thousand punds scots for the petitioners Compeirance and presenting such of his men tennents and servants as should be cited as parties and witnesses Which tho the petitioner did all possible to performe, yet some persones being insert in the Citationes whose names were never intimat to the petitioner for their Not being presented the petitioner and his Cautioners were unlawed in the forsaid soume of Twenty Thousand pund scots and this unlaw was therafter gifted to Sir Adam Blair now a fugative in France who haveing done dilligence for the sae the petitioner and his estate doe still Lye under the hazard Therfore the petitioner has of late applyed both to the Lords of session and Lords of Justiciary for remeid of Law, But the Lords of the sessione Declyneing themselves as in a matter purely Criminall, And the Lords of Justiciary Finding no president in their records for reduceing ther Oun acts of adjournall all that the Lords of Justiciary did was to refuse the petitioners bill But prejudice to the petitioners applying to the parliament or otherwayes as accords of the Law And seing that such is the petitioners case that ther is no remeedy left him but by the parliament and that for obtaining the same in the said soveraigne Court necessary It is that the petitioner have the saids Lords Warrand to cite all persones concerned to make ther appearance ther And Therfore humbly Craveing the saids Lords would be pleased in Consideratione of the premises to Grant to petitioner the saids Lords Warrand to Sumond the said Sir Adam Blair with the officers of state and all others haveing intrest in the forsaid matter To Compeir before his majestie and the estates of parliament at a Certaine day with Continuatione of dayes as use is, and alsoe to sumond witneses as the petition bears, The Lords of his Majesties privy Councill haveing heard this petition given in to them be the above Alexander Strachan They doe heirby Grant warrand to the petitioner and maccers or messengers at armes To Sumond the above Sir Adam Blair with the officers of state and all others having intrest in the above matter To Compeir before his majestie and the estates of parliament To Compeir before his majestie and the estates of parliament in the nixt ensueing session of parliament at Edinburgh or wher it shall hapen to meet The […] day of […] nixt to come with Continuatione of dayes as use is, And also to Sumond witnesses to the effect forsaid.

Edinburgh The 14th March 1695

D1695/3/181

Warrant

Warrand Glenkindie for a Lybell befor the parliament

Anent the petition given in to the Lords of his Majesties privy Councill be Alexander Strachan of Glenkindie Shewing That quher in the year Jaj vjc Seventie Six the petitioner was pursued at the instance of the then Kings Advocat for the alledged Slaughter of Alexander Sour and put under the exorbitant baill of Twentie thousand punds scots for the petitioners Compeirance and presenting such of his men tennents and servants as should be cited as parties and witnesses Which tho the petitioner did all possible to performe, yet some persones being insert in the Citationes whose names were never intimat to the petitioner for their Not being presented the petitioner and his Cautioners were unlawed in the forsaid soume of Twenty Thousand pund scots and this unlaw was therafter gifted to Sir Adam Blair now a fugative in France who haveing done dilligence for the sae the petitioner and his estate doe still Lye under the hazard Therfore the petitioner has of late applyed both to the Lords of session and Lords of Justiciary for remeid of Law, But the Lords of the sessione Declyneing themselves as in a matter purely Criminall, And the Lords of Justiciary Finding no president in their records for reduceing ther Oun acts of adjournall all that the Lords of Justiciary did was to refuse the petitioners bill But prejudice to the petitioners applying to the parliament or otherwayes as accords of the Law And seing that such is the petitioners case that ther is no remeedy left him but by the parliament and that for obtaining the same in the said soveraigne Court necessary It is that the petitioner have the saids Lords Warrand to cite all persones concerned to make ther appearance ther And Therfore humbly Craveing the saids Lords would be pleased in Consideratione of the premises to Grant to petitioner the saids Lords Warrand to Sumond the said Sir Adam Blair with the officers of state and all others haveing intrest in the forsaid matter To Compeir before his majestie and the estates of parliament at a Certaine day with Continuatione of dayes as use is, and alsoe to sumond witneses as the petition bears, The Lords of his Majesties privy Councill haveing heard this petition given in to them be the above Alexander Strachan They doe heirby Grant warrand to the petitioner and maccers or messengers at armes To Sumond the above Sir Adam Blair with the officers of state and all others having intrest in the above matter To Compeir before his majestie and the estates of parliament To Compeir before his majestie and the estates of parliament in the nixt ensueing session of parliament at Edinburgh or wher it shall hapen to meet The […] day of […] nixt to come with Continuatione of dayes as use is, And also to Sumond witnesses to the effect forsaid.

1. NRS, PC2/25, 209r-209v.

1. NRS, PC2/25, 209r-209v.

Act, 14 March 1695, Edinburgh

Posted on by

Edinburgh The 14th March 1695

D1695/3/171

Act

Act Sir Alexander Purves Childrein

Anent the petitione Given in to the Lords of his Majesties privy Councill be Robert, Margrat Anna and Margory Purveses Lawfull Childrein to Sir Alexander Purves procreat betwixt him and the deceast Dame Hellen Home his spouse Shewing That quher by Contract of mariage betwixt ther said father and mother they were provyded by the deceast Sir William Purves the petitioners Grandfather to lands in lyfrent then valued at two Thousand thrie hundred merks yearly and that the said deceast Sir William Purvess in Consideratione of his Sones Leauity and prodigality Did provyde the rest of his estate to William Purves eldest sone of the said mariadge and as a farder evidence of ther said fathers weaknes he did interdict himself to Dame Marjory Fleeyming his mother John Home of Nynholls their mothers brother and Mr David Home of Crossrig one of the senators of the Collodge of Justice her uncle and Because the said Sir Alexander did Continue as he still does to mispend and waste that small estate provyded by his father of designe to be ane aliement to him his wife and the petitioner ther Childrein and did Contract debts and became a prey to every one that would take advantage of him Therfore the said deceast Dame Hellen Home ther mother and the said deceast Dame Marjory Fleeming and Mr David Home of Crossrig Did apply themselves to the saids Lords Humbly Craveing the saids Lords to allocat and sett apart such a portione of the saids rents for the aliement of their said mother and the petitioners as might secure then from their said father his exorbitant spending and for that effect to allow to their said deceast mother with the Concourse of the persones to whom their father is interdicted to appoint Chamberlands from time to time for uplifting of the said yearly rent of two Thousand thrie Hundred merks and out of the first and readiest therof to pay ther said mother and the petitioners their yearly aliement and the tennents of the said Lyfrent Lands Discharged to pay the rent to any other then ther said master for her and the petitioners use, or the Chamberland to be appointed in maner forsaid and that the terme of Candlmiss in the year Jaj vjc nyntie might be appointed for the first terme at Which the said aliement should be payed quherupon the saids Lords did authorize ther said deceast mother with Concourse and Consent of the persones to whom ther said father is interdicted to nominat and appoint a Chamberland for uplifting the maills and duties of the said Lyfrent Lands and ordained the Chamberland to be nominat to make payment to ther said deceast mother of the soume of Two Thousand merks yearly for aliementing of the familly out of which she is to provyde Cloathes and Linens for the said Sir Alexander there father and to satisfie and pay the said Chamberland his sallery as the saids Lords act dated the Eleventh day of Aprill Jaj vjc nyntie years therwith produced would testifie, And Seing the said Dame Hellen Home the petitioners another is now deceast And that the said Sir Alexander does still persist in his Riotus misspending of whatever comes in his hands and that now the rent of the saids Lands is so farr fallen that at present they doe not pay above Eightein hundred merks yearly and of the said Sir Alexander did intromitt therwith the petitioners would be redacted to the outmost extreamity of want And Therfore Humbly Craveing the saids Lords to take the premises to ther serious Consideratione and to allow the petitioners a Competent aliement out of the said Lyfrent Lands as the saids Lords Should please modifie or to authorize Mr David Home of Crossrig one of the senators of the Collodge of Justice, Sir John Home of Blackader George Home of Kimerghame Mr Alexander Home Commissar of Lauder Margaret Home Lady Nynewalls or the plurality of them surviveing and accepting to nominat and appoint a factor for uplifting of the rents of the saids Lyfrent Lands for payment of the funerall Charges of the said deceast Dame Hellen Home and to apply and bestow so much of the remeidy of the saids rents as they shall think needfull for the mantinance and aliement of the said Sir Alexander and the petitioners his Childrein in meat drink Cloathing and other necessars and if any thing yet remaine of the saids rents to be applyed or restricted as they shall think fitt for the good profitt and utillity of the familly as the said petition bears, Which being read in presence of the saids Lords upon the seventh day of march instant They Recomended to a Comittie of their oun Number to Consider the petition and former act and to Call both parties before them and to report their opinion in this matter to the Councill The Which Comittie haveing mett gave in their report, Bearing that they hade Called both the father and the Childrein and that non Compeired for the father and that Mr Alexander Home Comissar of Lauder Compeired for the Cheldrein and that the Comittie hade Considered the petition and former act of Councill mentioned therin Which Petitione and report with the former act of Councill Being This day Considered be the saids Lords They Modifie the haill rents of the haill Lands in the said Sir Alexander Purves his Contract of Mariadge provyded to him and his Lady in Lyfrent then valued to Two Thousand and thrie hundred merks and which are now much fallen for the petitioners his Childrein their aliement and the saids Sir Alexander and Authorizes Mr David Home of Crossrig one of the senators of the Collodge or Justice Sir John Home of Blackader George Home of Blackader George Home of Kimerghame Mr Alexander Home Comissar of Lauder Margaret Home Lady Nynewalls or the plurality of them To nominat a factor for uplifting the rents of the saids haill Lands as far as the samen is not uplifted be the former factor and appoints the funerall Charges of the Childreins mother to be payed out of the saids rents, and likewayes such allowance from time to time as the persones abovenominat in the petition shall think fitt to give in the said Sir Alexander for his privat spending or packet and if any thing remaine of the rent of the saids lands besides what shall be bestowed in maner forsaid The saids Lords appoints the same to be applyed and Reserved as the persones forsaid shall think fitt for the use and profitt of the familly and authorizes the persones forsaids to Call the former Chamberland to ane accompt of his intromissiones and aither uplift the same and appoint a new factor or to Continue the Old as the saids persones shall think fitt, And ordaines Letters of horning on six dayes under the signett of Councill upon production of the factory and others needfull to be direct heiron in forme as effeirs, The tennents names and particular rents payable to each of them being allwayes insert in the letters.

Edinburgh The 14th March 1695

D1695/3/171

Act

Act Sir Alexander Purves Childrein

Anent the petitione Given in to the Lords of his Majesties privy Councill be Robert, Margrat Anna and Margory Purveses Lawfull Childrein to Sir Alexander Purves procreat betwixt him and the deceast Dame Hellen Home his spouse Shewing That quher by Contract of mariage betwixt ther said father and mother they were provyded by the deceast Sir William Purves the petitioners Grandfather to lands in lyfrent then valued at two Thousand thrie hundred merks yearly and that the said deceast Sir William Purvess in Consideratione of his Sones Leauity and prodigality Did provyde the rest of his estate to William Purves eldest sone of the said mariadge and as a farder evidence of ther said fathers weaknes he did interdict himself to Dame Marjory Fleeyming his mother John Home of Nynholls their mothers brother and Mr David Home of Crossrig one of the senators of the Collodge of Justice her uncle and Because the said Sir Alexander did Continue as he still does to mispend and waste that small estate provyded by his father of designe to be ane aliement to him his wife and the petitioner ther Childrein and did Contract debts and became a prey to every one that would take advantage of him Therfore the said deceast Dame Hellen Home ther mother and the said deceast Dame Marjory Fleeming and Mr David Home of Crossrig Did apply themselves to the saids Lords Humbly Craveing the saids Lords to allocat and sett apart such a portione of the saids rents for the aliement of their said mother and the petitioners as might secure then from their said father his exorbitant spending and for that effect to allow to their said deceast mother with the Concourse of the persones to whom their father is interdicted to appoint Chamberlands from time to time for uplifting of the said yearly rent of two Thousand thrie Hundred merks and out of the first and readiest therof to pay ther said mother and the petitioners their yearly aliement and the tennents of the said Lyfrent Lands Discharged to pay the rent to any other then ther said master for her and the petitioners use, or the Chamberland to be appointed in maner forsaid and that the terme of Candlmiss in the year Jaj vjc nyntie might be appointed for the first terme at Which the said aliement should be payed quherupon the saids Lords did authorize ther said deceast mother with Concourse and Consent of the persones to whom ther said father is interdicted to nominat and appoint a Chamberland for uplifting the maills and duties of the said Lyfrent Lands and ordained the Chamberland to be nominat to make payment to ther said deceast mother of the soume of Two Thousand merks yearly for aliementing of the familly out of which she is to provyde Cloathes and Linens for the said Sir Alexander there father and to satisfie and pay the said Chamberland his sallery as the saids Lords act dated the Eleventh day of Aprill Jaj vjc nyntie years therwith produced would testifie, And Seing the said Dame Hellen Home the petitioners another is now deceast And that the said Sir Alexander does still persist in his Riotus misspending of whatever comes in his hands and that now the rent of the saids Lands is so farr fallen that at present they doe not pay above Eightein hundred merks yearly and of the said Sir Alexander did intromitt therwith the petitioners would be redacted to the outmost extreamity of want And Therfore Humbly Craveing the saids Lords to take the premises to ther serious Consideratione and to allow the petitioners a Competent aliement out of the said Lyfrent Lands as the saids Lords Should please modifie or to authorize Mr David Home of Crossrig one of the senators of the Collodge of Justice, Sir John Home of Blackader George Home of Kimerghame Mr Alexander Home Commissar of Lauder Margaret Home Lady Nynewalls or the plurality of them surviveing and accepting to nominat and appoint a factor for uplifting of the rents of the saids Lyfrent Lands for payment of the funerall Charges of the said deceast Dame Hellen Home and to apply and bestow so much of the remeidy of the saids rents as they shall think needfull for the mantinance and aliement of the said Sir Alexander and the petitioners his Childrein in meat drink Cloathing and other necessars and if any thing yet remaine of the saids rents to be applyed or restricted as they shall think fitt for the good profitt and utillity of the familly as the said petition bears, Which being read in presence of the saids Lords upon the seventh day of march instant They Recomended to a Comittie of their oun Number to Consider the petition and former act and to Call both parties before them and to report their opinion in this matter to the Councill The Which Comittie haveing mett gave in their report, Bearing that they hade Called both the father and the Childrein and that non Compeired for the father and that Mr Alexander Home Comissar of Lauder Compeired for the Cheldrein and that the Comittie hade Considered the petition and former act of Councill mentioned therin Which Petitione and report with the former act of Councill Being This day Considered be the saids Lords They Modifie the haill rents of the haill Lands in the said Sir Alexander Purves his Contract of Mariadge provyded to him and his Lady in Lyfrent then valued to Two Thousand and thrie hundred merks and which are now much fallen for the petitioners his Childrein their aliement and the saids Sir Alexander and Authorizes Mr David Home of Crossrig one of the senators of the Collodge or Justice Sir John Home of Blackader George Home of Blackader George Home of Kimerghame Mr Alexander Home Comissar of Lauder Margaret Home Lady Nynewalls or the plurality of them To nominat a factor for uplifting the rents of the saids haill Lands as far as the samen is not uplifted be the former factor and appoints the funerall Charges of the Childreins mother to be payed out of the saids rents, and likewayes such allowance from time to time as the persones abovenominat in the petition shall think fitt to give in the said Sir Alexander for his privat spending or packet and if any thing remaine of the rent of the saids lands besides what shall be bestowed in maner forsaid The saids Lords appoints the same to be applyed and Reserved as the persones forsaid shall think fitt for the use and profitt of the familly and authorizes the persones forsaids to Call the former Chamberland to ane accompt of his intromissiones and aither uplift the same and appoint a new factor or to Continue the Old as the saids persones shall think fitt, And ordaines Letters of horning on six dayes under the signett of Councill upon production of the factory and others needfull to be direct heiron in forme as effeirs, The tennents names and particular rents payable to each of them being allwayes insert in the letters.

1. NRS, PC2/25, 207r-209r.

1. NRS, PC2/25, 207r-209r.

Act, 14 March 1695, Edinburgh

Posted on by

Edinburgh The 14th March 1695

D1695/3/161

Act

Act The Lady Newgrange

Anent the petitione given in to the Lords of his majesties privy Councill be Dame Anna Rait Spouse to Sir Francis Ogilvie of Newgrange Shewing That quher ther eldest sone haveing maried Hetherwicks daughter for effectuating the said mariadge the petitioner did run his familly in great debt and ther son did otherwise spend profusely and his father hade not the Confidence to Contradict him In respect the petitioners hade the expectatione That Hetherwick would setle his fortune upon him and his Cheldrein, And the petitioners husband having ingadged himself as Cautioner for his sone in all his debts, How sone Hetherwick did Declare that he was resolved to Disheirish his daughter, The said Creditors did use dilligence against the petitioners husband, and he was throwen in prisone, and yet even then her husbands estate not being exhausted they were allowed some small part of the estate for their subsistance till at last the Creditors haveing Ledd adpridicationes for the penalties the petitioners then to be in hard Circumstances But yet they did not offer to Complaine so long as the estate was possessed by their Just Creditors But now James Carnegie of Westerbraikie his Childrein doe possess twentie two Chalder of victuall which the petitioners husband did hold of him and that upon the account of his Lyfrent escheat which he did declair upon ane old retired horning at the Earle of Panmures instance against the petitioners husband for two thousand merks The which soume was long since payed to the Earle as their Lordships might perceive by the retired horning and Discharge therwith produced and now the petitioner, her husband, and Cheldrein being redacted to a sterving Conditione She is necessitate to make this applicatione to their Lordships wherin the petitioner must farder represent That the rest of his estate Which he holds of the king To Witt Newgrange and Lounam is sequestrat and a factor one Mr John Morgan constitute by the Lords of sessione So that no mean of releiff or subsistance can be therby obtained, And Farder that the petitioner brought with her ane oppulent Tocher of Twelue Thousand merks all really payed, And that by Contract of mariage she was provyded to Eightein Chalders of victuall in Junture and Lyfrent, And seing that the Conditione of her husbands Childrein and familly doe deserve the saids Lords Comisseratione upon alse pressing motives as can be in such a case and that the aliement Craved is not so much against the Creditors as against the rigour of a severe superior And Therfore Humbly Craveing the saids Lords In Consideration of the premises To modifie for the petitioner and her familly ane aliement of Ten Chalders of victuall or ane Thousand merks yearly to be payed to the petitioner out of the Lands of Easterbreakie by the representatives of their said superior who seized the same upon pretense of a lyfrent Escheat and over and above the said ten Chalders, of victuall will have still twelue Chalders of victuall which his said representatives possess for nothing as the said petitione bears The Which petitione being upon the Nynteinth of February last by past read in presence of the saids Lords of his majesties privy Councill They allowed the Creditors of Newgrange to see and answer the same, And the saids Creditors having faillied to give in answers The saids Lords upon the twentie sixth day of the said moneth off February Having Considered the said petition They modified and heirby Modifies the Soume of ane Thousand merks scots for aliement to the petitioner and her familly for the Cropt and year of God Jaj vjc nyntie four years and ten Chalders of victuall furth of the lands of Easterbreakie for the Cropt and year o God Jaj vjc nyntie five and yearly therafter and appoints the representatives of James Carnegie of Westerbreakie superior of the petitioners husband Lands, To make payment to the petitioner of the said Soume of ane thousand merks for the Cropt Jaj vjc nyntie four at the terme of Whitsunday nixt to come And Ordaines the Shireff principall of the shyre of Angus or his deputs to put the petitioner in the possessione of the saids lands of Easterbreakie at least as much of the Lands, which belonged to her husband as will Compleatly satisfie her of the said ten Chalders of victuall free and Clear from all publict burdeins ministers stipends and other incumberances whatsomever and that at the said terme of Whitsunday, And Ordaines the tenants and possessors of the Saids Lands of Easterbreakie or other Lands which the petitioner shall be entered to the possessione of to make payment to her of the said ten Chalders of victuall for the Cropt and year Jaj vjc nyntie five betwixt the terme of mertmiss and the feast of Christenmiss Jaj vjc nyntie five, and of the like aliement of Ten Chalders of victuall yearly betwixt the said terme of mertimiss and Christenmiss each year dureing the lifetime of the petitioner, And the said […] Ogilvie of Newgraige her husband And ordaines letters of horning to be direct heiron both against the representatives of the said Superior and against the tennants of the saids lands of Easterbreakie all to be particularly named in the horning and others needfull to be direct heiron in forme as effeirs and the horning to be on fiftein dayes. And ther being a petitione given in be the younger Cheldrein of the said James Carnegie of Braikie and the Laird of Phinhaven ther tutor by way of answer to the Ladies petitione Shewing That quher the Lady Newgrange haveing presented a sumar petition to the saids Lords Representing that she was in a desolat Conditione And that Breakies Childrein Did possess twentie two Chalders of victuall belonging to Newgrange be vertue of the right of his escheat And Therfore Craving that ten Chalders of victuall might be assigned to the2 her3 for ane aliement This petitione being appointed to be seen and answered by the Creditors of Newgrange and no answers being offered ther Lordships takeing all for granted that was represented have appointed one Thousand merks to be presently payed by the petitioners and ten Chalders of victuall yearly dureing new granges life It is now humbly Represented to the saids Lords primo that ther residence being at a distance they never hade the least intimatione or nottice of the Ladies applicatione till ther Lordships hade determined it, And the petitioners Doe humbly Conceave that no determinatione can in justice pass against any party without Citatione especially against parties whose residance is far distant and against pupills and orphans Their Lordships have some times dispensed with the formallity of Lybells especially against such as receid on the place, But the Least that Could be allowed hade bein ane authentick Copie of the Complaint delivered be the persuars to the partie concerned, Secundo It was unjustly and falsely represented that the subject intromitted with by the petitioners did amount to twentie two Chalders to the petitioners For evinceing to ther Lordships the Calumney of this alledgence all the favors the petitioners desyre is that the said twelue Chalders of victuall may first and preferrably belong to the petitioners and then ther petitioners shall not gruge that the Compleaners take what farder can be found But the plaine truth is ther are some reall debts preferrable to the Escheat which with the publict burdeins being deduced, Ther will not remaine Eight Chalders of victuall in the petitioners possessione wherby ther Lordships might perceive the ingenuity of the Complainer and how litle is to be taken upon her trust Secundo4 the petitioners farder begg Libertie to alledge that ther is no Latitude for modifieing of any aliement in this case, Because the petitioners possessione is be vertue of a decreet of the Lords, preferring ther deceast father to the Lands which they possess and quherof the rents are Liquidate in that Decreet Therfore the petitioners portione being be vertue of a legall right sustained and Declared by the ordinary Judge, Ther Lordships Cannot Justly burdein or restrict the petitioners right or possessione, For albeit the necessity of speedy Dispatch of procesces of aliement be such as can admitt of no delay, And Therfore ther Lordshipes have in some caises sustained such actiones, yet such aliements have only been sustained as are founded upon Law or some Claime in the persone of the Complainer as aliements of airs against Lyfrenters, Ward vassells against superiors and sometimes unprovyded Cheldrein against the representatives of their parents, But it was never heard that a debitor whose estate was exhausted by Legall dilligences, or burdeined with lyfrent escheats that he or his wife or familly hade right to Crave ane aliement of a Creditor or superior bruiking by the vassells escheat It hath been often reckoned a groundless simulatione to annull a gift that the rebell or his wife or any of his familly did continue to possess, But it wes never thought that any Judicator had latitud to burdein ane Escheat with ane aliement in favors of the rebell or his familly, and What ever may be alledged that the escheat is a penall and no favorable Casuality yet primo It is a Casuality which the Law hath favorable possessione in the petitioners For their father haveing Declared that escheat, They have no other fond of subsistance or provisione then the said possessione wherof if they were deprived they had a nothing at all Tertio what ever, the Creditors of Newgrange can alledge he cannot Justly Complaine Beacus without any regaird to the Escheat his Estat is much more then exhausted by reall and true debts and its falsely represented that these debts were Cautionries for Newgrange his sone, For the dilligences are all done upon his oun proper debts, and it were not agreeable to law, That the Casuality of Escheat should be taken from the superior and misrepresentatives and applyed to the rebell to the exclusione of his Creditors, The only hardship of the escheat, Is that the Creditors are excluded by it In which the petitioners improvyded and otherwayes destitute Cheldrein are very favorable, But neither law nor equitie can permitt that the escheat shall be keept up to the exclusione of the Creditors for sustaineing the rebell and his familly, To the prejudice also of the superiors legall right and Casuality, And Therfore Humbly Craveing the saids Lords to Consider the premises and especially that the wholl value of the escheat exceids not Eight Chalders of victuall yearly after Deductione of preferrable debts and burdeins and that this small Casuality is the only mean of the petitioners subsistance and aliement and that ther is neither Law nor example for burdening a superiors Casuality of Escheat Declared with any aliement in favors of the rebells his wife and familly And Therfore to Recall the former interloquitor, and if any deficulty remaine, That their Lordships would tear them upon the premises as the petitione bears The saids Lords haveing upon the seventh day of march instant heard the said petitione read in ther presence They Declared they would hear the petitioners and ther Lawiers, and likewayes the Lady NewGrange5 and her Lawiers in the forsaid matter And appointed then to be ready for that effect And the saids Lords haveing this day Called for the parties and their Lawiers Compeired Mr Mongo Carnegie advocat as procurator for the Lady Newgrange And sicklike Compeired Mr Hew Dalrymple and Mr William Aikman advocats as procurators for the said Childrein of James Carnegie of Braikie and ther tutor The advocats for both parties being fully heard, and the Councill haveing Considered the debate They Adhere to the for[mer] [inte]rloquitor pronunced in the said Lady NewGraing6 7 favors unles the rent of the said estate of Easterbreakie be within the soumes or Chalders of victuall Decerned for in the soume and if the rent be within the soumes of money or quantities of victuall Decerned for them the saids Lords Doe heirby Modifie the rent of the said haill estate for aliement to the persewer and her familly, and ordaines her to be put in possessione of the same and to be payed of the rents of the said haill estate in maner as is appoynted for the soumes of money and victuall Contained in the former interloquitor, And Ordaines executione to pass heiron as in the said former interloquitor.

Edinburgh The 14th March 1695

D1695/3/161

Act

Act The Lady Newgrange

Anent the petitione given in to the Lords of his majesties privy Councill be Dame Anna Rait Spouse to Sir Francis Ogilvie of Newgrange Shewing That quher ther eldest sone haveing maried Hetherwicks daughter for effectuating the said mariadge the petitioner did run his familly in great debt and ther son did otherwise spend profusely and his father hade not the Confidence to Contradict him In respect the petitioners hade the expectatione That Hetherwick would setle his fortune upon him and his Cheldrein, And the petitioners husband having ingadged himself as Cautioner for his sone in all his debts, How sone Hetherwick did Declare that he was resolved to Disheirish his daughter, The said Creditors did use dilligence against the petitioners husband, and he was throwen in prisone, and yet even then her husbands estate not being exhausted they were allowed some small part of the estate for their subsistance till at last the Creditors haveing Ledd adpridicationes for the penalties the petitioners then to be in hard Circumstances But yet they did not offer to Complaine so long as the estate was possessed by their Just Creditors But now James Carnegie of Westerbraikie his Childrein doe possess twentie two Chalder of victuall which the petitioners husband did hold of him and that upon the account of his Lyfrent escheat which he did declair upon ane old retired horning at the Earle of Panmures instance against the petitioners husband for two thousand merks The which soume was long since payed to the Earle as their Lordships might perceive by the retired horning and Discharge therwith produced and now the petitioner, her husband, and Cheldrein being redacted to a sterving Conditione She is necessitate to make this applicatione to their Lordships wherin the petitioner must farder represent That the rest of his estate Which he holds of the king To Witt Newgrange and Lounam is sequestrat and a factor one Mr John Morgan constitute by the Lords of sessione So that no mean of releiff or subsistance can be therby obtained, And Farder that the petitioner brought with her ane oppulent Tocher of Twelue Thousand merks all really payed, And that by Contract of mariage she was provyded to Eightein Chalders of victuall in Junture and Lyfrent, And seing that the Conditione of her husbands Childrein and familly doe deserve the saids Lords Comisseratione upon alse pressing motives as can be in such a case and that the aliement Craved is not so much against the Creditors as against the rigour of a severe superior And Therfore Humbly Craveing the saids Lords In Consideration of the premises To modifie for the petitioner and her familly ane aliement of Ten Chalders of victuall or ane Thousand merks yearly to be payed to the petitioner out of the Lands of Easterbreakie by the representatives of their said superior who seized the same upon pretense of a lyfrent Escheat and over and above the said ten Chalders, of victuall will have still twelue Chalders of victuall which his said representatives possess for nothing as the said petitione bears The Which petitione being upon the Nynteinth of February last by past read in presence of the saids Lords of his majesties privy Councill They allowed the Creditors of Newgrange to see and answer the same, And the saids Creditors having faillied to give in answers The saids Lords upon the twentie sixth day of the said moneth off February Having Considered the said petition They modified and heirby Modifies the Soume of ane Thousand merks scots for aliement to the petitioner and her familly for the Cropt and year of God Jaj vjc nyntie four years and ten Chalders of victuall furth of the lands of Easterbreakie for the Cropt and year o God Jaj vjc nyntie five and yearly therafter and appoints the representatives of James Carnegie of Westerbreakie superior of the petitioners husband Lands, To make payment to the petitioner of the said Soume of ane thousand merks for the Cropt Jaj vjc nyntie four at the terme of Whitsunday nixt to come And Ordaines the Shireff principall of the shyre of Angus or his deputs to put the petitioner in the possessione of the saids lands of Easterbreakie at least as much of the Lands, which belonged to her husband as will Compleatly satisfie her of the said ten Chalders of victuall free and Clear from all publict burdeins ministers stipends and other incumberances whatsomever and that at the said terme of Whitsunday, And Ordaines the tenants and possessors of the Saids Lands of Easterbreakie or other Lands which the petitioner shall be entered to the possessione of to make payment to her of the said ten Chalders of victuall for the Cropt and year Jaj vjc nyntie five betwixt the terme of mertmiss and the feast of Christenmiss Jaj vjc nyntie five, and of the like aliement of Ten Chalders of victuall yearly betwixt the said terme of mertimiss and Christenmiss each year dureing the lifetime of the petitioner, And the said […] Ogilvie of Newgraige her husband And ordaines letters of horning to be direct heiron both against the representatives of the said Superior and against the tennants of the saids lands of Easterbreakie all to be particularly named in the horning and others needfull to be direct heiron in forme as effeirs and the horning to be on fiftein dayes. And ther being a petitione given in be the younger Cheldrein of the said James Carnegie of Braikie and the Laird of Phinhaven ther tutor by way of answer to the Ladies petitione Shewing That quher the Lady Newgrange haveing presented a sumar petition to the saids Lords Representing that she was in a desolat Conditione And that Breakies Childrein Did possess twentie two Chalders of victuall belonging to Newgrange be vertue of the right of his escheat And Therfore Craving that ten Chalders of victuall might be assigned to the2 her3 for ane aliement This petitione being appointed to be seen and answered by the Creditors of Newgrange and no answers being offered ther Lordships takeing all for granted that was represented have appointed one Thousand merks to be presently payed by the petitioners and ten Chalders of victuall yearly dureing new granges life It is now humbly Represented to the saids Lords primo that ther residence being at a distance they never hade the least intimatione or nottice of the Ladies applicatione till ther Lordships hade determined it, And the petitioners Doe humbly Conceave that no determinatione can in justice pass against any party without Citatione especially against parties whose residance is far distant and against pupills and orphans Their Lordships have some times dispensed with the formallity of Lybells especially against such as receid on the place, But the Least that Could be allowed hade bein ane authentick Copie of the Complaint delivered be the persuars to the partie concerned, Secundo It was unjustly and falsely represented that the subject intromitted with by the petitioners did amount to twentie two Chalders to the petitioners For evinceing to ther Lordships the Calumney of this alledgence all the favors the petitioners desyre is that the said twelue Chalders of victuall may first and preferrably belong to the petitioners and then ther petitioners shall not gruge that the Compleaners take what farder can be found But the plaine truth is ther are some reall debts preferrable to the Escheat which with the publict burdeins being deduced, Ther will not remaine Eight Chalders of victuall in the petitioners possessione wherby ther Lordships might perceive the ingenuity of the Complainer and how litle is to be taken upon her trust Secundo4 the petitioners farder begg Libertie to alledge that ther is no Latitude for modifieing of any aliement in this case, Because the petitioners possessione is be vertue of a decreet of the Lords, preferring ther deceast father to the Lands which they possess and quherof the rents are Liquidate in that Decreet Therfore the petitioners portione being be vertue of a legall right sustained and Declared by the ordinary Judge, Ther Lordships Cannot Justly burdein or restrict the petitioners right or possessione, For albeit the necessity of speedy Dispatch of procesces of aliement be such as can admitt of no delay, And Therfore ther Lordshipes have in some caises sustained such actiones, yet such aliements have only been sustained as are founded upon Law or some Claime in the persone of the Complainer as aliements of airs against Lyfrenters, Ward vassells against superiors and sometimes unprovyded Cheldrein against the representatives of their parents, But it was never heard that a debitor whose estate was exhausted by Legall dilligences, or burdeined with lyfrent escheats that he or his wife or familly hade right to Crave ane aliement of a Creditor or superior bruiking by the vassells escheat It hath been often reckoned a groundless simulatione to annull a gift that the rebell or his wife or any of his familly did continue to possess, But it wes never thought that any Judicator had latitud to burdein ane Escheat with ane aliement in favors of the rebell or his familly, and What ever may be alledged that the escheat is a penall and no favorable Casuality yet primo It is a Casuality which the Law hath favorable possessione in the petitioners For their father haveing Declared that escheat, They have no other fond of subsistance or provisione then the said possessione wherof if they were deprived they had a nothing at all Tertio what ever, the Creditors of Newgrange can alledge he cannot Justly Complaine Beacus without any regaird to the Escheat his Estat is much more then exhausted by reall and true debts and its falsely represented that these debts were Cautionries for Newgrange his sone, For the dilligences are all done upon his oun proper debts, and it were not agreeable to law, That the Casuality of Escheat should be taken from the superior and misrepresentatives and applyed to the rebell to the exclusione of his Creditors, The only hardship of the escheat, Is that the Creditors are excluded by it In which the petitioners improvyded and otherwayes destitute Cheldrein are very favorable, But neither law nor equitie can permitt that the escheat shall be keept up to the exclusione of the Creditors for sustaineing the rebell and his familly, To the prejudice also of the superiors legall right and Casuality, And Therfore Humbly Craveing the saids Lords to Consider the premises and especially that the wholl value of the escheat exceids not Eight Chalders of victuall yearly after Deductione of preferrable debts and burdeins and that this small Casuality is the only mean of the petitioners subsistance and aliement and that ther is neither Law nor example for burdening a superiors Casuality of Escheat Declared with any aliement in favors of the rebells his wife and familly And Therfore to Recall the former interloquitor, and if any deficulty remaine, That their Lordships would tear them upon the premises as the petitione bears The saids Lords haveing upon the seventh day of march instant heard the said petitione read in ther presence They Declared they would hear the petitioners and ther Lawiers, and likewayes the Lady NewGrange5 and her Lawiers in the forsaid matter And appointed then to be ready for that effect And the saids Lords haveing this day Called for the parties and their Lawiers Compeired Mr Mongo Carnegie advocat as procurator for the Lady Newgrange And sicklike Compeired Mr Hew Dalrymple and Mr William Aikman advocats as procurators for the said Childrein of James Carnegie of Braikie and ther tutor The advocats for both parties being fully heard, and the Councill haveing Considered the debate They Adhere to the for[mer] [inte]rloquitor pronunced in the said Lady NewGraing6 7 favors unles the rent of the said estate of Easterbreakie be within the soumes or Chalders of victuall Decerned for in the soume and if the rent be within the soumes of money or quantities of victuall Decerned for them the saids Lords Doe heirby Modifie the rent of the said haill estate for aliement to the persewer and her familly, and ordaines her to be put in possessione of the same and to be payed of the rents of the said haill estate in maner as is appoynted for the soumes of money and victuall Contained in the former interloquitor, And Ordaines executione to pass heiron as in the said former interloquitor.

1. NRS, PC2/25, 203v-207r.

2. The word ‘petitioners’ scored out here.

3. Insertion.

4. Sic.

5. The letters ‘New’ are an insertion.

6. The letters ‘New’ are an insertion.

7. Illegible word, resulting from damage to page.

1. NRS, PC2/25, 203v-207r.

2. The word ‘petitioners’ scored out here.

3. Insertion.

4. Sic.

5. The letters ‘New’ are an insertion.

6. The letters ‘New’ are an insertion.

7. Illegible word, resulting from damage to page.