Tag Archives: 14 September 1692

Judicial Proceeding, 14 September 1692, Edinburgh

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Edinburgh the Fourtein day of September Jaj vjc nyntie two years

D1692/9/71

Judicial Proceeding

Dalrymple qra The magistrats of Kirkintilloch

Anent the Lybell raised and pursued before the Lords of their Majesties privy Councill be David Dalrymple in Kirkintulloch with Concourse of Sir William Lockhart their majesties Solicitor for their majesties intrest in the matter underwritten Makeand mention That quher by the Lawes of god and all weell governed nationes and by the particullar Lawes acts of Parliament and practique of this kingdome the contempt of the ordinances of the soveraign Courts of Justice and Especiallie of the Lords of session quher the Samen are duely and lawfully intimat and marked by the Clerk of Court quher they are produced and Especially by the […] act […] are actiones of manifast contempt to their majesties lawes and authoritie and crymes of a high nature and very severly punishable, Nevertheless It is of veritie that the said David Dalrymple pursuar haveing a right to a certaine tenement in Kirkintilloch bounded in maner mentioned in the Dispositione with twentie four foot Southward from the back of the house, The said pursuar did begine to build about two or thrie moneths agoe Southward from the back of the house, And albeit the foundationes did not extend to twentie four foot, The said pursuar was interupted nunciatione novi operis being pursued by the baillies and Comunitie of Kirkintilloch before the baillie of Cummernauld to detest and destroy what was allready Built The said pursuar raised ane advocation before the Lords of session which is signet the twentie sixth day of Jully Notwithstanding of which and in manifast Contempt of the saids Lords their ordinance James Findlay and John Goding present bailles in Kirkintilloch John Smith Couper ther And Marion Stirling his Spouse John Kinniburgh younger 2 John Paull William Henry of Barrastoune, Marion Henry his Spouse Androw Galloway wright John Stiven wright John Miller portioner in Kirkintilloch William Scot younger ther James Henry portioner ther John Kinniburgh elder and Jean Brown his Spouse James 3 Morisone present bankeir Malcolme Fleeyming of Boghead Malcome Adam, James Bisset toune officer, John Young officer to the barronie baillie Robert Dollar4 Elder, George Stirling, William Scot elder John Goding younger and James Smith younger all inhabitants in Kirkintilloch, or one or other of them by themselves or by order of the saids baillies Did upon the second day of August instant or one or other of the dayes of the said moneth destroy Pull doune and Carie away the matterialls of the forsaid house belonging to the said pursuar which was allready built to a Considerable hight And that notwithstanding that upon the twentie Eight day of Jully last by past ther was a formall due intimation of ane advocation of the said matter by the Lords of Sessione By produceing the Same in the Court of Cumernauld and marked with the Clerks hand produced and sustained as the principall advocatione and intimatione therof produced to the saids Lords of privy Councill has testified Wherby the said pursuar Is greatly Lessed to the value at least of Fiftie punds Sterling, And Therfore the haill fornamed persones are guilty of ane high and manifest ryet and ought and Should be Decerned not only to make payment 5 to6 the said pursuar of the Soume quherin he is damnified Bot Lykewayes to be Otherwayes punished in their persones and goods to the terror of others to commit the Like in tyme comeing. And Anent the charge given to the saids defenders To have Compeired before the saids Lords of our privy Councill at ane certaine day now bygone To have answered to the ground of the abovewritten Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should think fitt As the said Lybell and executiones therof more fully bears. The saids Lybell with the letters of Reconventione at the instance of the saids baillies against the said David his wyfe sone and others being both upon the thretein of September instant called in presence of the Lords of Privy Councill, And the said David Dalrymple Compeiring as pursuar of the principall Lybell and as one of the defenders in the reconventione personally And the rest of the Defenders of the said reconventione Compeiring also personally Except Elspeth Donaldson and James Henry)7 with Mr Hew Dalrymple their advocat And the said James Findlay and John Goodin pursuars of the forsaid reconventione and two of the defenders in the principall Lybell, And the haill other defenders in that Lybell, Compeiring also personally (except Marion Henry, Marion Stirling, James Bisset and John Brown) with James Stewart their advocat Both the saids Lybells with the answers made therto hinc inde being read and both parties advocats fully heard the saids Lords of privy Councill have Excussed and excusses the absence of the above women defenders in aither of the forsaids processes, And Grants Certification against the said James Bisset one of the principall Lybell and Lykwayes against James Hendry ane of the defenders of the said Reconventione And Ordaines letters of Denunciatione to be direct against them Comanding maccers of privy Councill and messengers at armes to pass to the marcat cross of […] And their in their majesties name and authoritie duely Lawfullie and orderly denunce them their Majesties rebells And putt them to their highnes horne, And ordaines all their moveable goods and geir to be escheat and inbrought to their majesties use for their contempt and disobedience And the witnesses in both processes haveing Compeired and made faith at the bar (except Androw Gray of Duntyblea and Robert Plaine in Kirkintulloch) The saids Lords allowes letters of farder dilligence by Caption to be direct at the instance of the said David Dalrymple against the said Androw Gray and Robert Plaine two of the witnesses of the said principall Lybell cited and not Compeiring, And appoints the witneses Compeiring and makeing faith upon aither to be examined and Recomends to the Lords Fountonhall Enstruther, and Mr Francis Montgomrie of Giffen to examine the saids witnesses and Declares any two of them to be a quorum and Reserves all objectiones against the witnesses to be proponed and discust before the Comittie And the saids Lords haveing this day Considered both Lybells with the answers hinc inde made therto with the depositions of the witnesses adduced be aither partie and writtes produced Togither with a petition given in be aither partie, They Find it suficiently proven that the said David Dalrymple pursuar in the principall Lybell did Continue to build after the advocatione was obtained and produced, And Lykewayes Finds It suficiently proven that the building as cast doune alse weell that part therof, Which was built before the advocatione was obtained and produced; as that Which was built 8 after9 the obtaineing and produceing therof, And the saids Lords superceids to give sentance against aither of the parties as to the point of Ryot Lybelled hinc inde Untill the point of right be first Discussed and determined be the Judge ordinary And in the mean tyme Decernes and Ordaines Androw Galloway wright John Stiven wright and William Scot Younger all indwallers in Kirkintulloch defenders whom the saids Lords Finds to have guiltie of Casting doune the said building building To make payment of the expences of the witneses cited and Compeiring in aither of the saids Lybells at the rate of sixtein shilling scots per diem or each horssman And Eight Shilling Scots per diem for each foottman And that for the space of five dayes.

Edinburgh the Fourtein day of September Jaj vjc nyntie two years

D1692/9/71

Judicial Proceeding

Dalrymple qra The magistrats of Kirkintilloch

Anent the Lybell raised and pursued before the Lords of their Majesties privy Councill be David Dalrymple in Kirkintulloch with Concourse of Sir William Lockhart their majesties Solicitor for their majesties intrest in the matter underwritten Makeand mention That quher by the Lawes of god and all weell governed nationes and by the particullar Lawes acts of Parliament and practique of this kingdome the contempt of the ordinances of the soveraign Courts of Justice and Especiallie of the Lords of session quher the Samen are duely and lawfully intimat and marked by the Clerk of Court quher they are produced and Especially by the […] act […] are actiones of manifast contempt to their majesties lawes and authoritie and crymes of a high nature and very severly punishable, Nevertheless It is of veritie that the said David Dalrymple pursuar haveing a right to a certaine tenement in Kirkintilloch bounded in maner mentioned in the Dispositione with twentie four foot Southward from the back of the house, The said pursuar did begine to build about two or thrie moneths agoe Southward from the back of the house, And albeit the foundationes did not extend to twentie four foot, The said pursuar was interupted nunciatione novi operis being pursued by the baillies and Comunitie of Kirkintilloch before the baillie of Cummernauld to detest and destroy what was allready Built The said pursuar raised ane advocation before the Lords of session which is signet the twentie sixth day of Jully Notwithstanding of which and in manifast Contempt of the saids Lords their ordinance James Findlay and John Goding present bailles in Kirkintilloch John Smith Couper ther And Marion Stirling his Spouse John Kinniburgh younger 2 John Paull William Henry of Barrastoune, Marion Henry his Spouse Androw Galloway wright John Stiven wright John Miller portioner in Kirkintilloch William Scot younger ther James Henry portioner ther John Kinniburgh elder and Jean Brown his Spouse James 3 Morisone present bankeir Malcolme Fleeyming of Boghead Malcome Adam, James Bisset toune officer, John Young officer to the barronie baillie Robert Dollar4 Elder, George Stirling, William Scot elder John Goding younger and James Smith younger all inhabitants in Kirkintilloch, or one or other of them by themselves or by order of the saids baillies Did upon the second day of August instant or one or other of the dayes of the said moneth destroy Pull doune and Carie away the matterialls of the forsaid house belonging to the said pursuar which was allready built to a Considerable hight And that notwithstanding that upon the twentie Eight day of Jully last by past ther was a formall due intimation of ane advocation of the said matter by the Lords of Sessione By produceing the Same in the Court of Cumernauld and marked with the Clerks hand produced and sustained as the principall advocatione and intimatione therof produced to the saids Lords of privy Councill has testified Wherby the said pursuar Is greatly Lessed to the value at least of Fiftie punds Sterling, And Therfore the haill fornamed persones are guilty of ane high and manifest ryet and ought and Should be Decerned not only to make payment 5 to6 the said pursuar of the Soume quherin he is damnified Bot Lykewayes to be Otherwayes punished in their persones and goods to the terror of others to commit the Like in tyme comeing. And Anent the charge given to the saids defenders To have Compeired before the saids Lords of our privy Councill at ane certaine day now bygone To have answered to the ground of the abovewritten Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should think fitt As the said Lybell and executiones therof more fully bears. The saids Lybell with the letters of Reconventione at the instance of the saids baillies against the said David his wyfe sone and others being both upon the thretein of September instant called in presence of the Lords of Privy Councill, And the said David Dalrymple Compeiring as pursuar of the principall Lybell and as one of the defenders in the reconventione personally And the rest of the Defenders of the said reconventione Compeiring also personally Except Elspeth Donaldson and James Henry)7 with Mr Hew Dalrymple their advocat And the said James Findlay and John Goodin pursuars of the forsaid reconventione and two of the defenders in the principall Lybell, And the haill other defenders in that Lybell, Compeiring also personally (except Marion Henry, Marion Stirling, James Bisset and John Brown) with James Stewart their advocat Both the saids Lybells with the answers made therto hinc inde being read and both parties advocats fully heard the saids Lords of privy Councill have Excussed and excusses the absence of the above women defenders in aither of the forsaids processes, And Grants Certification against the said James Bisset one of the principall Lybell and Lykwayes against James Hendry ane of the defenders of the said Reconventione And Ordaines letters of Denunciatione to be direct against them Comanding maccers of privy Councill and messengers at armes to pass to the marcat cross of […] And their in their majesties name and authoritie duely Lawfullie and orderly denunce them their Majesties rebells And putt them to their highnes horne, And ordaines all their moveable goods and geir to be escheat and inbrought to their majesties use for their contempt and disobedience And the witnesses in both processes haveing Compeired and made faith at the bar (except Androw Gray of Duntyblea and Robert Plaine in Kirkintulloch) The saids Lords allowes letters of farder dilligence by Caption to be direct at the instance of the said David Dalrymple against the said Androw Gray and Robert Plaine two of the witnesses of the said principall Lybell cited and not Compeiring, And appoints the witneses Compeiring and makeing faith upon aither to be examined and Recomends to the Lords Fountonhall Enstruther, and Mr Francis Montgomrie of Giffen to examine the saids witnesses and Declares any two of them to be a quorum and Reserves all objectiones against the witnesses to be proponed and discust before the Comittie And the saids Lords haveing this day Considered both Lybells with the answers hinc inde made therto with the depositions of the witnesses adduced be aither partie and writtes produced Togither with a petition given in be aither partie, They Find it suficiently proven that the said David Dalrymple pursuar in the principall Lybell did Continue to build after the advocatione was obtained and produced, And Lykewayes Finds It suficiently proven that the building as cast doune alse weell that part therof, Which was built before the advocatione was obtained and produced; as that Which was built 8 after9 the obtaineing and produceing therof, And the saids Lords superceids to give sentance against aither of the parties as to the point of Ryot Lybelled hinc inde Untill the point of right be first Discussed and determined be the Judge ordinary And in the mean tyme Decernes and Ordaines Androw Galloway wright John Stiven wright and William Scot Younger all indwallers in Kirkintulloch defenders whom the saids Lords Finds to have guiltie of Casting doune the said building building To make payment of the expences of the witneses cited and Compeiring in aither of the saids Lybells at the rate of sixtein shilling scots per diem or each horssman And Eight Shilling Scots per diem for each foottman And that for the space of five dayes.

1. NRS, PC2/24, 117r-119r.

2. The words ‘**present baillies of Kirkintulloch John Smith Coupar’ scored out here.**

3. The words ‘Smith younger’ scored out here.

4. Insertion.

5. The word ‘of’ scored out here.

6. Insertion.

7. Opening bracket missing.

8. The word ‘before’ scored out here.

9. Insertion.

1. NRS, PC2/24, 117r-119r.

2. The words ‘**present baillies of Kirkintulloch John Smith Coupar’ scored out here.**

3. The words ‘Smith younger’ scored out here.

4. Insertion.

5. The word ‘of’ scored out here.

6. Insertion.

7. Opening bracket missing.

8. The word ‘before’ scored out here.

9. Insertion.

Order, 14 September 1692, Edinburgh

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Edinburgh the Fourtein day of September Jaj vjc nyntie two years

D1692/9/61

Order

Recommendation To the Sollicitor anent the Magistrats of St Androwes

The Lord high Chancelor haveing accquainted the Councills That the magistrats of St Androwes ware in use dureing episcopacie to be nominat by the Archbishop of St Androwes and the tyme of electione for this year now drawing nigh His Lordship offered the Councills Consideratione how the magistrats of St Androwes shall be elected The Councill Recomends to the Solicitor to informe himself how the Magistrats of St Androwes have been chosen since the revolution and to acquaint the Councill the morrow.

Edinburgh the Fourtein day of September Jaj vjc nyntie two years

D1692/9/61

Order

Recommendation To the Sollicitor anent the Magistrats of St Androwes

The Lord high Chancelor haveing accquainted the Councills That the magistrats of St Androwes ware in use dureing episcopacie to be nominat by the Archbishop of St Androwes and the tyme of electione for this year now drawing nigh His Lordship offered the Councills Consideratione how the magistrats of St Androwes shall be elected The Councill Recomends to the Solicitor to informe himself how the Magistrats of St Androwes have been chosen since the revolution and to acquaint the Councill the morrow.

1. NRS, PC2/24, 117r.

1. NRS, PC2/24, 117r.

Letter: royal, 14 September 1692, Edinburgh

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Edinburgh the Fourtein day of September Jaj vjc nyntie two years

D1692/9/51

Letter: royal

Letters of Denunciation Gilchrist Against Gilchrist

William and Mary be the grace of god King and Queen of Great brittane France and Ireland defenders of the faith to our Lovits […] maccers of our privy Councill messengers at armes our Shirreffs in that part Conjunctllie and severally speciallie Constitute Greetting Forasmuchas Anent our other letters raised at the instance of our Lovits Jannet Gillchrist Spouse to William Gillchrist writter in Edinburgh for her self and in name and behalf of James Margrat and Mary Gilchrists Childrein Lawfullie procreat betwixt them Makand Mention That quher albeit be the law of god and nature, By the law and constitude of this realme and of all other weell governed nationes and societies whatsomever as mariadge was appointed for the muttuall Comfort of man and wife, And that as the wife is oblidged to obey her husband In things lawfull So the husband Is oblidged not only to reseid and Co-habit with his wife, Bot Lykewayes to provyde and intertaine her, their Children and familly to his qualitie and means They being Declared by the Scriptur worse then ane infidele who provydeth not for their wyfe and familly, Yet True It is that the said William Gilchrist her husband to whom she hade been lawfullie married now these nyne years and to whom she hade borne six Childrein thrie of which are yet allyve, Has so farr contemned the divine Institution of marriadge and the duties that Lyes upon him as ane husband by his sacred matramoniall oath and by the law of god nature and this realme That without any Just reasone of offence or provocatione he hath withdrawen himself from his said lawfull wyfe and from his oun familly and Childreen this long tyme bypast, And albeit James Gilchrist her father Did heritably dispone to him his airs and successors houses and lands within the toune of Edinburgh to the value of Eight Thousand merks and upwards of property in name of Tocher good, So that the said Tocher with his oun fortune within the said burgh and suburbs therof Is worth ane Thousand two hundreth Twentie six punds six shilling Eight penies scots money of yearly payable rent, As would appear by ane true rentall therwith produced, And since the tyme of his withdrawing of himself from his said wyfe and familly he has bestowed litle or nothing Upon her or them for their mantinance And now he haveing become of late So obstinat that he allowes his said lawfull wyfe and the said thrie orphants the eldest of which being but about four years of age nothing at all to live upon, And unles they hade been Supplied by the Charity of her freinds they hade undoubtedly aither sterved or begged before this tyme, And being redacted to the highest of misery and point of Starving getting notice quher her husband was She went to him in a peacable and Calme maner and represented to him the sadd conditione they ware in Thinking to perswade him to returne to his oun familly And to provyde for them Conforme to his bound dutie at which he raise up in ane passione and run away as will appear by ane instrument under the hand of Mr Robert Swintoune nottar publict dated the fiftein day of Jully last Since which tyme the said Jannet Gilchrist never Saw him, Save one evening that he came runing into the house wher she did reseid and did most Cruelly barbarously and unhumanly beatt her with ane staff The blew Marks of which is evident upon severall places of her bodie, and protested and vowed he would be her death, Swae that now all hope of reclameing him by law and kyndnes being past, The said Jannet Gilchrist and their thrie poor Orphants in human probabillity can expect nothing but the highest of Misserie penurie and want Unles the Lords of our Privy Councill take their Deplorable conditione to their Consideratione and after tryall taken up the value of his yearly rent Which he has these Severall years bygone mispended with the basest of Company allow them such ane proportion quherof as the saids Lords shall think fitt to Imployed for their maintinance And Anent the charg given to the said defender to have Compeired this day before the Lords of our privy Councill To have answered to the ground of the above Complaint And to have heard and seen such ane proportional part of his rent modified for the intertainement of the saids pursuars and Nurse and servants as our saids Lords should think fitt Under the paine of rebellion and puting of him to our horne with Certificatione to him if he faillied to Compeir this day thir our letters should have been direct to put him our horne As the saids letters executiones and indorsationes therof at leanth proports Whilk being Called and the said pursuar Compeirand personally with Sir David Thores her advocat And the said William Gilchrist defender being oft tymes called and not Compeiring. The Lords of our privy Councill have Ordained thir our letters to be direct in maner underwritten Our Will is Heirfore, and wee charge yow Strictly and Command That incontinent thir our letters seen yee pass to the marcat Crosses of etc and other places needfull and therat in our name and authoritie Duely Lawfullie and orderly Denunce the said William Gilchrist our rebell and put him to our horne and Escheat and inbring all his moveable goods and geir to our use for this Contemptione According to Justice as yee will answer to us therupon, The quhilk to doe Wee Committ to yow Conjunctllie and severallie etc Given under our Signet etc. per actum Dorij secret: Consillij

Edinburgh the Fourtein day of September Jaj vjc nyntie two years

D1692/9/51

Letter: royal

Letters of Denunciation Gilchrist Against Gilchrist

William and Mary be the grace of god King and Queen of Great brittane France and Ireland defenders of the faith to our Lovits […] maccers of our privy Councill messengers at armes our Shirreffs in that part Conjunctllie and severally speciallie Constitute Greetting Forasmuchas Anent our other letters raised at the instance of our Lovits Jannet Gillchrist Spouse to William Gillchrist writter in Edinburgh for her self and in name and behalf of James Margrat and Mary Gilchrists Childrein Lawfullie procreat betwixt them Makand Mention That quher albeit be the law of god and nature, By the law and constitude of this realme and of all other weell governed nationes and societies whatsomever as mariadge was appointed for the muttuall Comfort of man and wife, And that as the wife is oblidged to obey her husband In things lawfull So the husband Is oblidged not only to reseid and Co-habit with his wife, Bot Lykewayes to provyde and intertaine her, their Children and familly to his qualitie and means They being Declared by the Scriptur worse then ane infidele who provydeth not for their wyfe and familly, Yet True It is that the said William Gilchrist her husband to whom she hade been lawfullie married now these nyne years and to whom she hade borne six Childrein thrie of which are yet allyve, Has so farr contemned the divine Institution of marriadge and the duties that Lyes upon him as ane husband by his sacred matramoniall oath and by the law of god nature and this realme That without any Just reasone of offence or provocatione he hath withdrawen himself from his said lawfull wyfe and from his oun familly and Childreen this long tyme bypast, And albeit James Gilchrist her father Did heritably dispone to him his airs and successors houses and lands within the toune of Edinburgh to the value of Eight Thousand merks and upwards of property in name of Tocher good, So that the said Tocher with his oun fortune within the said burgh and suburbs therof Is worth ane Thousand two hundreth Twentie six punds six shilling Eight penies scots money of yearly payable rent, As would appear by ane true rentall therwith produced, And since the tyme of his withdrawing of himself from his said wyfe and familly he has bestowed litle or nothing Upon her or them for their mantinance And now he haveing become of late So obstinat that he allowes his said lawfull wyfe and the said thrie orphants the eldest of which being but about four years of age nothing at all to live upon, And unles they hade been Supplied by the Charity of her freinds they hade undoubtedly aither sterved or begged before this tyme, And being redacted to the highest of misery and point of Starving getting notice quher her husband was She went to him in a peacable and Calme maner and represented to him the sadd conditione they ware in Thinking to perswade him to returne to his oun familly And to provyde for them Conforme to his bound dutie at which he raise up in ane passione and run away as will appear by ane instrument under the hand of Mr Robert Swintoune nottar publict dated the fiftein day of Jully last Since which tyme the said Jannet Gilchrist never Saw him, Save one evening that he came runing into the house wher she did reseid and did most Cruelly barbarously and unhumanly beatt her with ane staff The blew Marks of which is evident upon severall places of her bodie, and protested and vowed he would be her death, Swae that now all hope of reclameing him by law and kyndnes being past, The said Jannet Gilchrist and their thrie poor Orphants in human probabillity can expect nothing but the highest of Misserie penurie and want Unles the Lords of our Privy Councill take their Deplorable conditione to their Consideratione and after tryall taken up the value of his yearly rent Which he has these Severall years bygone mispended with the basest of Company allow them such ane proportion quherof as the saids Lords shall think fitt to Imployed for their maintinance And Anent the charg given to the said defender to have Compeired this day before the Lords of our privy Councill To have answered to the ground of the above Complaint And to have heard and seen such ane proportional part of his rent modified for the intertainement of the saids pursuars and Nurse and servants as our saids Lords should think fitt Under the paine of rebellion and puting of him to our horne with Certificatione to him if he faillied to Compeir this day thir our letters should have been direct to put him our horne As the saids letters executiones and indorsationes therof at leanth proports Whilk being Called and the said pursuar Compeirand personally with Sir David Thores her advocat And the said William Gilchrist defender being oft tymes called and not Compeiring. The Lords of our privy Councill have Ordained thir our letters to be direct in maner underwritten Our Will is Heirfore, and wee charge yow Strictly and Command That incontinent thir our letters seen yee pass to the marcat Crosses of etc and other places needfull and therat in our name and authoritie Duely Lawfullie and orderly Denunce the said William Gilchrist our rebell and put him to our horne and Escheat and inbring all his moveable goods and geir to our use for this Contemptione According to Justice as yee will answer to us therupon, The quhilk to doe Wee Committ to yow Conjunctllie and severallie etc Given under our Signet etc. per actum Dorij secret: Consillij

1. NRS, PC2/24, 115v-116v.

1. NRS, PC2/24, 115v-116v.

Order, 14 September 1692, Edinburgh

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Edinburgh the Fourtein day of September Jaj vjc nyntie two years

D1692/9/41

Order

Recomendatione Margrat Rasper

Anent a Petition given in to the Lords of their majesties privy Councill be Margrat Rasper relict of John Chalmers of Knockman Shewing That quher the petitioner being a poor widow was ejected most violently out of the petitioners possession by the Viscount of Kenmuir werof the petitioners husband and his predecessors hade been in possession thir sixtie years be vertue of Irredeemable infeftments of quhich the petitioner haveing Complained to the Saids Lords, Bot the Viscount Disregarding all the petitioner could doe thir two years bgyond But sufered himself to be denunced rebell and Compared not till of late and then gave in a bill of Suspensione and relaxatione quherupon both parties ware heard before the saids Lords which ware Remitted to a Committie and after a full hearing befor them and a Report of the said affair being made againe to the saids Lords, The petitioner was ordained to be repossessed be the Viscount, But such as the Viscounts Cruellty against the petitioner that when he hade nothing else to alledge why the petitioner should not be repossessed He procured a stop to the said decreet from the saids Lords upon this, Missrepresentatione that his Lordship and the petitioner was in termes of agreement, Which is ane absolute mistake and therby hade reduced her to the greatest Misery not haveing ane house to sett her head into nor any thing live upon, The viscount having taken all her goods from her the tyme of the said Illegall ejection, And seing her said afflictione and oppression by the Viscount is knowen to the saids Lords, And now after she had waitted almost two years for the saids Lords Justice her adversary doeth openly contemne all she could doe, or that the saids Lords had done in her favors knowing that throw he inability and powerty She was not able longer to subsist much less to prosecute her Complaint against him before the saids Lords wher she meetts with such hinderances And Therfore humbly Craveing the saids Lords (for the favor of god) To Consider her deplorable and oppressed conditione haveing no wher at present to Lay her head And take of the forsaid stopt And ordaine her Sumarly to be repossessed and the viscount to redeliver back the goods unjustly taken from her belonging to Mary Corsbie Conforme to her right therto therwith produced and allow her damnage which is great by and attour his wounding and blooding of the petitioner and give warrand to the Shirreff or Justice of peace to repossess her, as the petitione bears The Lords of their Majesties Privy Councill haveing Considered the above petition given in to them be the above Margrat Rasper They Recomend to Sir William Lockhart their Majesties Solicitor in whose favors the Viscount of Kenmuires escheat is gifted To make payment to the petitioner of the Soume of Ane Hundreth merks Scots money upon the accompt of the said Viscount whose Escheat is gifted upon letters at the petitioners instance And the Saids Lords Declaires that the said Soume shall be allowed to the said Viscount out of the first end of the Soumes or rents which shall be resting be him to the said petitioner In caice at the event of the process the Viscount shall not be found debitor to the petitioner In alse much as will satisfie the said soume for the pryce or value of the saids goods alledged taken away be him from her or her daughter, And Sists all furder procedure in the process betwixt the viscount and the petitioner Untill the first Councill day of November nixt to come.

Edinburgh the Fourtein day of September Jaj vjc nyntie two years

D1692/9/41

Order

Recomendatione Margrat Rasper

Anent a Petition given in to the Lords of their majesties privy Councill be Margrat Rasper relict of John Chalmers of Knockman Shewing That quher the petitioner being a poor widow was ejected most violently out of the petitioners possession by the Viscount of Kenmuir werof the petitioners husband and his predecessors hade been in possession thir sixtie years be vertue of Irredeemable infeftments of quhich the petitioner haveing Complained to the Saids Lords, Bot the Viscount Disregarding all the petitioner could doe thir two years bgyond But sufered himself to be denunced rebell and Compared not till of late and then gave in a bill of Suspensione and relaxatione quherupon both parties ware heard before the saids Lords which ware Remitted to a Committie and after a full hearing befor them and a Report of the said affair being made againe to the saids Lords, The petitioner was ordained to be repossessed be the Viscount, But such as the Viscounts Cruellty against the petitioner that when he hade nothing else to alledge why the petitioner should not be repossessed He procured a stop to the said decreet from the saids Lords upon this, Missrepresentatione that his Lordship and the petitioner was in termes of agreement, Which is ane absolute mistake and therby hade reduced her to the greatest Misery not haveing ane house to sett her head into nor any thing live upon, The viscount having taken all her goods from her the tyme of the said Illegall ejection, And seing her said afflictione and oppression by the Viscount is knowen to the saids Lords, And now after she had waitted almost two years for the saids Lords Justice her adversary doeth openly contemne all she could doe, or that the saids Lords had done in her favors knowing that throw he inability and powerty She was not able longer to subsist much less to prosecute her Complaint against him before the saids Lords wher she meetts with such hinderances And Therfore humbly Craveing the saids Lords (for the favor of god) To Consider her deplorable and oppressed conditione haveing no wher at present to Lay her head And take of the forsaid stopt And ordaine her Sumarly to be repossessed and the viscount to redeliver back the goods unjustly taken from her belonging to Mary Corsbie Conforme to her right therto therwith produced and allow her damnage which is great by and attour his wounding and blooding of the petitioner and give warrand to the Shirreff or Justice of peace to repossess her, as the petitione bears The Lords of their Majesties Privy Councill haveing Considered the above petition given in to them be the above Margrat Rasper They Recomend to Sir William Lockhart their Majesties Solicitor in whose favors the Viscount of Kenmuires escheat is gifted To make payment to the petitioner of the Soume of Ane Hundreth merks Scots money upon the accompt of the said Viscount whose Escheat is gifted upon letters at the petitioners instance And the Saids Lords Declaires that the said Soume shall be allowed to the said Viscount out of the first end of the Soumes or rents which shall be resting be him to the said petitioner In caice at the event of the process the Viscount shall not be found debitor to the petitioner In alse much as will satisfie the said soume for the pryce or value of the saids goods alledged taken away be him from her or her daughter, And Sists all furder procedure in the process betwixt the viscount and the petitioner Untill the first Councill day of November nixt to come.

1. NRS, PC2/24, 114v-115r.

1. NRS, PC2/24, 114v-115r.

Sederunt, 14 September 1692, Edinburgh

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Edinburgh the Fourtein day of September Jaj vjc nyntie two years1

D1692/9/32

Sederunt

Lord Chancelor; Lord Privy Seall; Earl of Drumlanrig; Earl of Linlithgow; Earl of Lothian; Earl of Forfar; Earl of Brodalbine; Lord Register; Lord Beilhaven; Lord Carmichell; Lord Polwarth; Lord Hatton; Lord Fountonhall; Lord Enstruther; Mr Francis Montgomrie; Laird of Stivenson; Laird of Pollock; Sir Thomas Livingston; Sir William Lockhart; Sir Patrick Murray

Edinburgh the Fourtein day of September Jaj vjc nyntie two years1

D1692/9/32

Sederunt

Lord Chancelor; Lord Privy Seall; Earl of Drumlanrig; Earl of Linlithgow; Earl of Lothian; Earl of Forfar; Earl of Brodalbine; Lord Register; Lord Beilhaven; Lord Carmichell; Lord Polwarth; Lord Hatton; Lord Fountonhall; Lord Enstruther; Mr Francis Montgomrie; Laird of Stivenson; Laird of Pollock; Sir Thomas Livingston; Sir William Lockhart; Sir Patrick Murray

1. NRS, PC2/24, 114r.

2. NRS, PC2/24, 114r.

1. NRS, PC2/24, 114r.

2. NRS, PC2/24, 114r.

Act, 14 September 1692, Edinburgh

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A1692/9/111

Act

Act Logan of Burncastle and Scot of Malleny

The Lords of there Majesties privie Councill doe hereby ordaine George Logan of Burncastle and John Scott of Malleny tuo of the heretors within the shyre of Edinburgh who were Imprisoned for refuseing the oath of alleadgeance and assureance And who by order of the Lord high Chancellour of this Kingdom Conforme to the recomendatione made by the Councill to His Lordship of the date the tuelth day of August last are sett at Libertie upon Cautione to Live peaceablie and appear when called, to reenter prisoners or renew there former baill for Liveing peaceablie and appearing the first Councill day in November next to come with Certificatione If they faill The penaltyes in the bonds alreadie granted be them will be forfaulted and upon receaveing the new ordaines the old bonds to be given up and ordaines Letters hereon.

At Edinburgh 14 September 1692

A1692/9/111

Act

Act for Logan of Burncastle and Scott of Malleny

The Lords of there Majesties privy council doe hereby ordain George Logan of Burncastle and John Scott of Malleny, two of the heritors within the shire of Edinburgh who were iprisoned for refusing the oath of allegiance and assurance, and who by order of the lord high chancellor of this kingdom according to the recommendation made by the council to his lordship of 12 August last are set at liberty upon caution to live peacefully and appear when called, to re-enter prisoners or renew their former bail for living peacefully and appearing on the first council day in November next to come with certification that if they fail the penalties in the bonds already granted by them will be forfeited and upon receiving the new, ordains the old bonds to be given up and ordains letters hereon.

1. PC1/48, 405.

1. PC1/48, 405.

Act, 14 September 1692, Edinburgh

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A1692/9/101

Act

Additionall Act for offering the oath of alleadgeance and assureance

The Lords of there Majesties privie Councill doe hereby2 Add and Joyne my Lord Jedburgh and Sir Patrick Murray of Saltcoats to Robert Earle of Lothian To whom the saids Lords by there act of the date the thretteint day of August last did give warrand and recomend and hereby of new doe give warrand recomend And hereby of new doe give warrand and recomend3 to the said Earle of Lothian and persones abovenamed added to him as said is or any one of the wholl To Call and Conveen at such day and place as they shall Judge most Convenient all those who are nominate Comissioners of supplie by the act of this current parliament for the shyre of Roxburgh And there to examine who of the saids Comissioners have alreadie or will then qualifie themselves to act as Comissioners of supplie and as Justices of peace by takeing the oath of alleadgeance and assureance that the places of those who refuse may be filled up And a Judgement made of there affectione to the government thereby And that the Clerk to the saids Comissioners of Supplie shall returne ane exact report and List to the Clerks of privie Councill Betuixt and the second thursday of November next of the names and designationes of such as have not or shall not so qualifie themselves subscryved with his hand Certifyeing him If he faill That it shall be reckoned a malversatione in his Office and Inferr tinsell and Loss thereof As Lykewayes the saids Lords recomends to the persons forsaids or any one of them as said is to use there Endeavors with any other heretors in the said shyre who are not Comissioners to dispose them to evidence there duety and affection to there majesties and the government by takeing the oath of alleadgeance and signeing the assureance And for that end to Insinuate to them his Majesties purpose and Comands for pressing the said oath and assureance how farr they shall find it may Conduce to that end.

At Edinburgh 14 September 1692

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Act

Additional act for offering the oath of allegiance and assurance

The lords of their majesties’ privy council hereby add and join my Lord Jedburgh and Sir Patrick Murray of Saltcoats to Robert earl of Lothian, to whom the said lords by their act of 13 August last did give warrant and recommend and hereby of new give warrant recommend to the said earl of Lothian and persons abovenamed added to him as said is or any one of the whole to call and convene at such day and place as they shall judge most convenient all those who are nominated commissioners of supply by the act of this current parliament for the shire of Roxburgh, and there to examine who of the said commissioners have already or will then qualify themselves to act as commissioners of supply and as justices of peace by taking the oath of allegiance and assurance that the places of those who refuse may be filled up and a judgement made of their affection to the government thereby. And that the clerk to the said commissioners of supply shall return an exact report and list to the clerks of privy council before and the second Thursday of November next of the names and designations of such as have not or shall not so qualify themselves subscribed with his hand, certifying him that if he fail, that it shall be reckoned a malversation in his office and infer loss thereof as likewise the said lords recommend to the persons forsaid or any one of them as said is to use their endeavours with any other heritors in the said shire who are not commissioners to dispose them to evidence their duty and affection to their majesties and the government by taking the oath of allegiance and signing the assurance, and for that end to insinuate to them his majesty’s purpose and commands for pressing the said oath and assurance how far they shall find it may conduce to that end.

1. PC1/48, 404.

2. The phrase ‘Give order and warrand’ **scored out here.**

3. Sic.

1. PC1/48, 404.

Act, 14 September 1692, Edinburgh

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A1692/9/91

Act

Liberation Merchistoun, Comistoun and Spittell

The Lords of there Majesties privie Councill allowes Mr James Lowis of Merchistoun, Patrick Porterfield of Comestoun and James Oswald of Spittle three heretors of the shyre of Edinburgh or Midlothian who were Imprisoned for refuseing the oath of alleadgeance and assureance And In respect of there Indispositione testifyed by phisicians upon soull and Conscience were all set at Libertie upon baill to Live peaceablie and appear befor the Councill upon the thretteinth day of September instant to Continow at at2 Libertie The said James Oswald alwayes first renewing his3 former bond to Live peaceablie and appear the first Councill day of November next to come and upon receaveing of the New bond ordaines the old bond to be given up In respect the saids Mr James Lowis of Merchistoune and Patrick Porterfield of Comistoun have have4 renewed there former bonds in the termes abovementioned.

At Edinburgh 14 September 1692

A1692/9/91

Act

Liberation for Merchiston, Comiston and Spittel

The lords of their majesties’ privy council allow Mr James Lewis of Merchiston, Patrick Porterfield of Comiston and James Oswald of Spittel, three heritors of the shire of Edinburgh or Midlothian who were imprisoned for refusing the oath of allegiance and assurance, and in respect of their indisposition testified by physicians upon soul and conscience were all set at libertie upon bail to live peacefully and appear before the council upon 13 September instant to continue at liberty, the said James Oswald always first renewing his former bond to live peacefully and appear on the first council day of November next to come and upon receiving the new bond ordains the old bond to be given up, in respect the said Mr James Lewis of Merchiston and Patrick Porterfield of Comiston have renewed their former bonds in the terms abovementioned.

1. PC1/48, 403-4.

2. Sic.

3. Inserted above the line, with ‘there’ scored-out.

4. Sic.

1. PC1/48, 403-4.

Act, 14 September 1692, Edinburgh

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A1692/9/81

Act

Liberatione Scott of Lochquharrett

Anent the petitione Given in to the Lords of there Majesties privie Councill be Walter Scott of Lochquharret Shewing That where the petitioner being conveened before there Lordships amongst the rest of the heretors of the shirreffdome of Midlothian and did attend the haill dyetts till he wes called At which tyme he took the oath of alleadgeance And because he did not take the assureance The Saids Lords ordained him to enter himself prisoner in the tolbooth of Leith where he now is and hath been more then six weeks And sieing that severall of the heretors of the said shyre upon takeing the oath of alleadgeance were dismissed and are now at Libertie And that true it is that the petitioner throw his said Long Imprisonement hath become valetudinarie which is thereby attested under the hand of ane Doctor of medicine who is consulted for the petitioners health And therefore Craveing to the effect underwreitten As the said petitione bears The Saids Lords of there majestyes privie Councill haveing considered this petitione given in to them be the above Walter Scott of Lockharrett with the testificat of the petitioners Indispositione produced therewith They hereby Give order and warrand to the magistrats of Edinburgh Bailzies of Leith and Keeper of the tolbooth thereof to sett the petitioner at Liberty furth of the same In respect he hes found sufficient Cautione acted in the books of privie Councill That he shall Live peaceablie and with all submissione to the present government under there majesties King William and Queen Mary and that he shall not act Consult nor Correspond with any rebells And that he shall appear befor the saids Lords of there majeties privie Councill the first Councill day in November next to come under the penaltie of Ane Hundreth pound Sterling money In case he transgresses in any pairt of the premises.

At Edinburgh 14 September 1692

A1692/9/81

Act

Liberation for Scott of Lochwharret

Concerning the petition given in to the lords of their majesties’ privy council by Walter Scott of Lochwharret showing that where the petitioner being convened before their lordships amongst the rest of the heritors of the sheriffdom of Midlothian and did attend the whole diets till he was called, at which time he took the oath of allegiance, and because he did not take the assurance the said lords ordained him to enter himself prisoner in the tolbooth of Leith where he now is and has been more then six weeks, and seeing that several of the heritors of the said shire upon taking the oath of allegiance were dismissed and are now at liberty and that the petitioner through his said long imprisonment has become valetudinary which is thereby attested under the hand of an doctor of medicine who is consulted for the petitioner’s health, and therefore craving to the effect underwritten, as the said petition bears. The said lords of their majesties’ privy council, having considered this petition given in to them by the above Walter Scott of Lochwharret with the certificate of the petitioner’s indisposition produced therewith, they hereby give order and warrant to the magistrates of Edinburgh, bailies of Leith and keeper of the tolbooth thereof to set the petitioner at liberty furth of the same in respect he has found sufficient caution acted in the books of privy council that he shall live peacefully and with all submission to the present government under their majesties King William and Queen Mary and that he shall not act, consult nor correspond with any rebels and that he shall appear before the said lords of their majeties’ privy council on the first council day in November next to come, under the penalty of £100 sterling money in case he transgresses in any part of the premises.

1. PC1/48, 403.

1. PC1/48, 403.

Act, 14 September 1692, Edinburgh

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A1692/9/71

Act

Act Mcdonald of Slate and others

Anent the petitione Given in to the Lords of there majesties privie Councill be Sir Donald Mcdonald of Slate John McLeod of Dunevegan Lauchlan Mcfingan of Strathardell and Alexander McLeod of Rasay Shewing That whereas the states of parliament haveing Imposed the soume of Fourteen shillings scotts for everie hearth within the Kingdome to have been payed at the terme of Candlemes Jaj vjc and nyntie one by the Inhabitants duelling in the said houses where the saids hearths are and haveing by ane other act of the same date Impowered the saids Lords of privie Councill to give such orders for Collecting and Ingathering of the said hearth money as the saids Lords should think fitt, In prosecutione where of2 There Lordships have ordained the heretors of each paroch to give in Lists to Mr James Melvill of Cassengray Collector of all the said hearth money his subcollectors and deputts of all hearths within there bounds And Lykewayes ordained all persones whatsomever Lyable in payment of the said hearth money To make payment of the samen to the said Mr James Melvill and his Subcollectors betuixt and the tenth day of Maij then next Jaj vjc nyntie one with Certificatione That Letters of horning and poynding should be direct at the instance of the said Collector generall his subcollectors and deputts or they should be allowed to quarter upon the saids deficients not exceeding on souldier for each three hearthes which proclamatione and certificationes therein contained The troubles that were then in the countrie did hynder from comeing to the petitioners knowledge And did render it Impossible for them in these Circumstances to give obedience thereto notwithstanding whereoff the subcollectors of the said hearthmoney within the shyre of Innerness without any previous Intimatione Given to the petitioner for giving in the saids Lists Hes directed a pairtie to quarter upon the petitioners and there tennents therefore, whereby the petitioners and there tennents would be extreamly damnifyed befor they can get Lists of the hearths taken up, being at severall places and at great distance one from aneother And haveing hade no Intimatione to make these Lists but from the pairtie that came to quarter therefore And if there Lordships doe not allow some competent tyme to the petitioners to give in the saids Lists And to make payment Conforme thereto The petitioners tennents will be utterly depauperate by these extraordinarie quarterings Especiallie sieing the forsaid pairty does Lykewayes quarter for about tuenty five moneths Cess and besydes the quartering money due therefore does exact distinct quartering money for the said hearth money And not content with single dyett which is only due to them in Law And wes offered by the petitioners They doe exact four shilling per diem for each footman from severall deficients at once from the tyme the quartering wes ordered whereby the petitioners tennents being Exhausted of money are rendered uncapable to make punctuall payment of the said hearthmoney And therefore Craveing that the saids Lords would be pleased to take the premises to there serious Consideratione And to allow some competent tyme to the petitioners to give in to the Collectors the saids Lists of the hearths within there bounds and make payment Conforme thereto And in the mean tyme to be elapsed And to ordaine that whatever soumes have been alreadie exacted by the saids quarterings beyond Four Shilling for each footman singly, or his dyet may be accepted of and allowed by the Collector In pairt of payment of the said publict dues as being Illegally exacted. As the said petitione bears The Saids Lords of there majestyes privie Councill Haveing Considdered this petitione Given Given3 in to them be the said Sir Donald Mcdonald of Slate and others They allow to the petitioners the First day of Januarij next to come for giveing in to the Collector of the Lists of the hearths within there bounds and makeing payment of the hearth money And discharges any quartering to be used for the saids Lists or hearthmoney untill the said day and if any pairties be alreadie quartered upon that accompt They appoint the same Instantly to be removed And allowes the above Collectors to see and ansuer this petitione as to that pairt thereof anent the Illegall exactiones or quarterings betuixt and the first councill day of November next to come

At Edinburgh 14 September 1692

A1692/9/71

Act

Act for MacDonald of Sleat and others

Concerning the petition given in to the lords of their majesties’ privy council by Sir Donald MacDonald of Sleat, John MacLeod of Dunvegan, Lachlan MacKinnon of Strath and Alexander MacLeod of Raasay, showing that whereas the estates of parliament, having imposed the sum of 14 s. Scots for every hearth within the kingdom to have been paid at the term of Candlemas 1691 by the inhabitants dwelling in the said houses where the said hearths are, and having by an other act of the same date empowered the said lords of privy council to give such orders for collecting and ingathering of the said hearth money as the said lords should think fit, in prosecution whereof their lordships have ordained the heritors of each parish to give in lists to Mr James Melville of Cassingray, collector of all the said hearth money, his subcollectors and deputes, of all hearths within their bounds, and likewise ordained all persons liable in payment of the said hearth money To make payment of the same to the said Mr James Melville and his subcollectors before 10 May 1691, with certification that letters of horning and poinding should be directed at the instance of the said collector general, his subcollectors and deputes or they should be allowed to quarter upon the said deficients not exceeding one soldier for each three hearths, which proclamation and certifications therein contained, the troubles that were then in the country did hinder from coming to the petitioners’ knowledge and did render it impossible for them in these circumstances to give obedience thereto, notwithstanding whereof the subcollectors of the said hearth money within the shire of Inverness without any previous intimation given to the petitioner for giving in the said lists has directed a party to quarter upon the petitioners and their tenants therefor, whereby the petitioners and their tenants would be extremely damnified before they can get lists of the hearths taken up, being at several places and at great distance one from each other, and having hade no intimation to make these lists but from the party that came to quarter therefor. And if their lordships doe not allow some competent time to the petitioners to give in the said lists and to make payment according thereto, the petitioners’ tenants will be utterly impoverished by these extraordinary quarterings, especially seeing the foresaid party also quarters for about 25 months’ cess, and besides the quartering money due therefor does exact distinct quartering money for the said hearth money, and not content with single diet which is only due to them in law and was offered by the petitioners, they exact 4 s. per day for each footman from several deficients at once from the time the quartering was ordered, whereby the petitioners’ tenants being exhausted of money are rendered incapable to make punctual payment of the said hearth money. And therefore craving that the said lords would be pleased to take the premises to their serious consideration and allow some competent time to the petitioners to give in to the collectors the said lists of the hearths within their bounds and make payment accordingly and in the mean time to be elapsed, and to ordain that whatever sums have been already exacted by the said quarterings beyond 4 s. for each footman, or his diet may be accepted of and allowed by the collector in part payment of the said public dues as being illegally exacted, as the said petition bears. The said lords of their majesties’ privy council, having considered this petition given in to them by the said Sir Donald MacDonald of Sleat and others, they allow to the petitioners the first day of January next for giving in to the collector of the lists of the hearths within their bounds and making payment of the hearth money, and they discharge any quartering to be used for the said lists or hearth money until the said day and if any parties are already quartered upon that account, they appoint the same instantly to be removed, and they allow the above collectors to see and answer this petition as to that part thereof concerning the illegal exactions or quarterings before the first council day of November next to come.

1. PC1/48, 401-3.

2. The word ‘yet’ **scored out here.**

3. Sic.

1. PC1/48, 401-3.