Tag Archives: 16 June 1698

Act, 16 June 1698, Edinburgh

Posted on by

Att Edinburgh the sixtein day of Jwny Jaj vic nyntie eight years

D1698/6/121

Act

Act Stopping decreit and protestatione Lias against Irvine

Anent the petitione given in to The Lords of his majesties privie Counsell be Mr Robert Irvine of Brwckley Shewing That wher The petitioners being Summoned in Febrwary Last most callumniowsly and wnjustly at the instance of John Lees Sometymes in Cwshlachy befor ther Lordships for ane alleadged ryot upon which citatione the petitioner haveing come to Edinburgh and attended for more then twentie dayes untill the Counsell was adjurned yet Dureing all the said tyme the said John wowld not allow the petitioner to be Soe much as called But obleidged to returne without soe much as any motione therof (knowing perfitely well that he would Sucumb in his alleadgeances and therupon be pwnished as ane callummator) ever Since which tyme he hath not Stirred in the Least in the said mater untill twesday Last at which tyme he procured ane calling and although the petitioners advocats had attended for many dayes befor yet it was the petitioners misfortoune that the tyme of the said calling they were gone doune to the closs and the macers not haveing called over the window or they not haveing heard Maister Lees himself Craved the Letters might be found orderly proceeded which in all humilitie the petitioner Judges ther Lordships would not have granted if aither the petitioner or his advocats had bein present at the barr Since primo Mr Lees charge being Suspended upon Severall most important reasones the Same would have bein first discussed and if ther Lordships had found ground for it assigned them both ane day to prove ther mwtwall lybells or assoillzed Secundo The petitioner repeats his reasones of Suspensione viz by the twentie fifth Sixtein parliament King James the Sixth It is expressly ordered that no citatione shall be on Letters befor ther Lordships against any Living be north Dee upon feuer then fiftein dayes otherwayes the Same to be null And so the petitioner Subsumes and craves the benifite of the said act of parliament He Living many mylles benorth Dee and being cited upon many fewer dayes nor fiftein Tertio this cause haveing bein formerly discust by the Shirreff of Aberdeen and the petitioner assoillzied he cannot be againe Legallie conveened the affair being hactenus Judicata for the same wittnesses that were cited by Mr Lees were examined befor the Shirreff and he was ther fynded for injuries done the petitioner And therfor humbly craveing ther Lordships would hear the petitioner first on the reasones of Suspensione which he Shall instantly verifie or if ther Lordships inclyne to take furder cognitione in the said affair to appoint ane Dyet at which tyme ther Lordships will obleidge him to insist and they may come prepared with ther witnesses to the end the petitioner may not be obleidged to ane constant and wncertaine attendance As the said petitione bears Which being this day read and considered be the saids Lords of his majesties privie Counsell They heirby Stopps extracting of the decreit finding the Letters orderly proceeded at the instance of John Lias against the petitioner and also the protestatione for not insisting the said John Lias against the said Mr Robert Irvine Both pronunced by ther Lordships upon the fourtein day of Jwny instant untill the twentie one day of the said moneth inclusive and if they doe not insist betuixt and that day ordaines these extracts to be given owt

Att Edinburgh the sixtein day of Jwny Jaj vic nyntie eight years

D1698/6/121

Act

Act Stopping decreit and protestatione Lias against Irvine

Anent the petitione given in to The Lords of his majesties privie Counsell be Mr Robert Irvine of Brwckley Shewing That wher The petitioners being Summoned in Febrwary Last most callumniowsly and wnjustly at the instance of John Lees Sometymes in Cwshlachy befor ther Lordships for ane alleadged ryot upon which citatione the petitioner haveing come to Edinburgh and attended for more then twentie dayes untill the Counsell was adjurned yet Dureing all the said tyme the said John wowld not allow the petitioner to be Soe much as called But obleidged to returne without soe much as any motione therof (knowing perfitely well that he would Sucumb in his alleadgeances and therupon be pwnished as ane callummator) ever Since which tyme he hath not Stirred in the Least in the said mater untill twesday Last at which tyme he procured ane calling and although the petitioners advocats had attended for many dayes befor yet it was the petitioners misfortoune that the tyme of the said calling they were gone doune to the closs and the macers not haveing called over the window or they not haveing heard Maister Lees himself Craved the Letters might be found orderly proceeded which in all humilitie the petitioner Judges ther Lordships would not have granted if aither the petitioner or his advocats had bein present at the barr Since primo Mr Lees charge being Suspended upon Severall most important reasones the Same would have bein first discussed and if ther Lordships had found ground for it assigned them both ane day to prove ther mwtwall lybells or assoillzed Secundo The petitioner repeats his reasones of Suspensione viz by the twentie fifth Sixtein parliament King James the Sixth It is expressly ordered that no citatione shall be on Letters befor ther Lordships against any Living be north Dee upon feuer then fiftein dayes otherwayes the Same to be null And so the petitioner Subsumes and craves the benifite of the said act of parliament He Living many mylles benorth Dee and being cited upon many fewer dayes nor fiftein Tertio this cause haveing bein formerly discust by the Shirreff of Aberdeen and the petitioner assoillzied he cannot be againe Legallie conveened the affair being hactenus Judicata for the same wittnesses that were cited by Mr Lees were examined befor the Shirreff and he was ther fynded for injuries done the petitioner And therfor humbly craveing ther Lordships would hear the petitioner first on the reasones of Suspensione which he Shall instantly verifie or if ther Lordships inclyne to take furder cognitione in the said affair to appoint ane Dyet at which tyme ther Lordships will obleidge him to insist and they may come prepared with ther witnesses to the end the petitioner may not be obleidged to ane constant and wncertaine attendance As the said petitione bears Which being this day read and considered be the saids Lords of his majesties privie Counsell They heirby Stopps extracting of the decreit finding the Letters orderly proceeded at the instance of John Lias against the petitioner and also the protestatione for not insisting the said John Lias against the said Mr Robert Irvine Both pronunced by ther Lordships upon the fourtein day of Jwny instant untill the twentie one day of the said moneth inclusive and if they doe not insist betuixt and that day ordaines these extracts to be given owt

1. NRS, PC2/27, 117r-118r.

1. NRS, PC2/27, 117r-118r.

Act, 16 June 1698, Edinburgh

Posted on by

Att Edinburgh the sixtein day of Jwny Jaj vic nyntie eight years

D1698/6/111

Act

Executione Sisted upon bills of Suspensione etc

The Councell Sists executione upon the bills of Suspensione following viz Bill Forbes and Andersone against Davie and Rwssell Bill Campbell of Glensalloch against Campbell Bill Campbell against Hewgh Mitchell Bill Gordon etc against Madder etc till the twentie one of Jully instant Nota thir Sists were never subscribed by the Lord president which he refwised to doe

Att Edinburgh the sixtein day of Jwny Jaj vic nyntie eight years

D1698/6/111

Act

Executione Sisted upon bills of Suspensione etc

The Councell Sists executione upon the bills of Suspensione following viz Bill Forbes and Andersone against Davie and Rwssell Bill Campbell of Glensalloch against Campbell Bill Campbell against Hewgh Mitchell Bill Gordon etc against Madder etc till the twentie one of Jully instant Nota thir Sists were never subscribed by the Lord president which he refwised to doe

1. NRS, PC2/27, 117r.

1. NRS, PC2/27, 117r.

Act, 16 June 1698, Edinburgh

Posted on by

Att Edinburgh the sixtein day of Jwny Jaj vic nyntie eight years

D1698/6/101

Act

Act for Relaxatione The Earle of Braidalbine Against doctor Skein

Anent the petitione given in to The Lords of his Majesties privie Counsell be John Earle of Breadalbine Shewing That wher heis charged denunced and registrat to the horne be vertue of Letters of horneing raised at the instance of Doctor Alexander Skein provost of the colledge of St Andrews against the petitioner for not payment making to him of Four Hundereth merks Scotts yeirly for the yeirs Jaj vic nyntie six and nyntie seven Conforme to ther Lordships act of the date the threttie day of Jully Jaj vic nyntie six most wrongouslie and wnjustly because The chairge being founded upon ther Lordships act therwith prodwced ordaining the petitioner to pay four hundereth merks to the doctor yeirly Dureing the dependance of the process betuixt them mentioned in the said act Commenceing from Whitt Sonday Jaj vic and nyntie six for that current yeir Jaj vic nyntie six Conforme wherto The petitioner accordingly made payment to The doctor of Four hundereth merks for the said Current yeir Jaj vic nyntie six Conforme to the discharge therof also therwith produced Daited the Eleventh of August Jaj vic nyntie six And as to the four Hundereth merks alleadged dwe for the yeir Jaj vic nyntie seven The same is als growndles as the other is wnwarantable for The doctor haveing in Jully Jaj vic nyntie Seven applyed to The Lords of Sessione He was by ther decreit also therwith prodwced ordained to be repossessed in the Lands therin expressed and accordingly he hath taken up the rent of the Lands for the cropt Jaj vic and nyntie seven which he cannot deny upon oath wherby the petitioner ought to be frie from paying of the four Hundereth merks for that yeir and in tyme comeing as is evident by ther Lordships act afoir mentioned Notwithstanding wherof The doctor hes most wnjustly chairged denunced and registrat the petitioner to the horne for the said four Hundereth merks for the yeir Jaj vic nyntie Six albeit it was payed Long befor the charge was given as said is as appears by the executione of the horneing and the horning itself therwith produced And for the four hundereth merks for the yeir Jaj vic nyntie Seven albeit he be also payed therof by his intromissione with the rents of the Lands in maner foirsaid Conforme to The Lords of Sessione ther decreit And Likewise threattens to debarr the petitoner by the said Horning soe wnjustly execute and registrat against him from prosecuteing his interest in process against the doctor wnles the petitioner be relaxed Nevertheles for obedience he is instantly content to find Cawtione acted in ther Lordships books for payment of Twentie merks for his escheat goods to his majesties thesaurie in Caice it be fownd that he is orderly denunced and putt to the horne for the cause foirsaid And therfor the petitioner ought to be relaxed therfrom ad hunc effectum that he may have personam standi in Judicio etc And therfore humbly craveing to the effect eftermentioned As the said petitione Bears Which being this day read and considered be the saids Lords of his majesties privie Counsell with answers made therto for Doctor Skeen The saids Lords doe heirby Give warrand to ther Clerks to extract Letters of relaxatione upon the above bill ad hunc effectum only to give The Earle personam Standi in Judicio In respect The said Earle hes found Cautione acted in the books of privie Counsell that he shall make payment to doctor Skeen chairger of the above Soume of Four Hundereth merks for the yeir Jaj vic nyntie seven at the terme of Lambmes next to come But prejudice to the said Earle to qwarrell or impugne the payment of the said Soume by Suspensione or otherwayes as he can doe in Law betuixt and the day foirsaid

Att Edinburgh the sixtein day of Jwny Jaj vic nyntie eight years

D1698/6/101

Act

Act for Relaxatione The Earle of Braidalbine Against doctor Skein

Anent the petitione given in to The Lords of his Majesties privie Counsell be John Earle of Breadalbine Shewing That wher heis charged denunced and registrat to the horne be vertue of Letters of horneing raised at the instance of Doctor Alexander Skein provost of the colledge of St Andrews against the petitioner for not payment making to him of Four Hundereth merks Scotts yeirly for the yeirs Jaj vic nyntie six and nyntie seven Conforme to ther Lordships act of the date the threttie day of Jully Jaj vic nyntie six most wrongouslie and wnjustly because The chairge being founded upon ther Lordships act therwith prodwced ordaining the petitioner to pay four hundereth merks to the doctor yeirly Dureing the dependance of the process betuixt them mentioned in the said act Commenceing from Whitt Sonday Jaj vic and nyntie six for that current yeir Jaj vic nyntie six Conforme wherto The petitioner accordingly made payment to The doctor of Four hundereth merks for the said Current yeir Jaj vic nyntie six Conforme to the discharge therof also therwith produced Daited the Eleventh of August Jaj vic nyntie six And as to the four Hundereth merks alleadged dwe for the yeir Jaj vic nyntie seven The same is als growndles as the other is wnwarantable for The doctor haveing in Jully Jaj vic nyntie Seven applyed to The Lords of Sessione He was by ther decreit also therwith prodwced ordained to be repossessed in the Lands therin expressed and accordingly he hath taken up the rent of the Lands for the cropt Jaj vic and nyntie seven which he cannot deny upon oath wherby the petitioner ought to be frie from paying of the four Hundereth merks for that yeir and in tyme comeing as is evident by ther Lordships act afoir mentioned Notwithstanding wherof The doctor hes most wnjustly chairged denunced and registrat the petitioner to the horne for the said four Hundereth merks for the yeir Jaj vic nyntie Six albeit it was payed Long befor the charge was given as said is as appears by the executione of the horneing and the horning itself therwith produced And for the four hundereth merks for the yeir Jaj vic nyntie Seven albeit he be also payed therof by his intromissione with the rents of the Lands in maner foirsaid Conforme to The Lords of Sessione ther decreit And Likewise threattens to debarr the petitoner by the said Horning soe wnjustly execute and registrat against him from prosecuteing his interest in process against the doctor wnles the petitioner be relaxed Nevertheles for obedience he is instantly content to find Cawtione acted in ther Lordships books for payment of Twentie merks for his escheat goods to his majesties thesaurie in Caice it be fownd that he is orderly denunced and putt to the horne for the cause foirsaid And therfor the petitioner ought to be relaxed therfrom ad hunc effectum that he may have personam standi in Judicio etc And therfore humbly craveing to the effect eftermentioned As the said petitione Bears Which being this day read and considered be the saids Lords of his majesties privie Counsell with answers made therto for Doctor Skeen The saids Lords doe heirby Give warrand to ther Clerks to extract Letters of relaxatione upon the above bill ad hunc effectum only to give The Earle personam Standi in Judicio In respect The said Earle hes found Cautione acted in the books of privie Counsell that he shall make payment to doctor Skeen chairger of the above Soume of Four Hundereth merks for the yeir Jaj vic nyntie seven at the terme of Lambmes next to come But prejudice to the said Earle to qwarrell or impugne the payment of the said Soume by Suspensione or otherwayes as he can doe in Law betuixt and the day foirsaid

1. NRS, PC2/27, 116r-117r.

1. NRS, PC2/27, 116r-117r.

Sederunt, 16 June 1698, Edinburgh

Posted on by

Att Edinburgh the sixtein day of Jwny Jaj vic nyntie eight years1

D1698/6/92

Sederunt

Earl of Melvill; Earl of Southerland; Earl of Lauderdale; Earl of Annandale; Earl of Forfar; Lord Bellhaven; Lord Ruthven; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Fountainhall; Lord Anstruther; Lord Rankeilor; Mr Fra: Montgomry; Laird of Pollock; Laird of Blackbarrony; Laird of Stevensone; Proveist of Edinburgh

Att Edinburgh the sixtein day of Jwny Jaj vic nyntie eight years1

D1698/6/92

Sederunt

Earl of Melvill; Earl of Southerland; Earl of Lauderdale; Earl of Annandale; Earl of Forfar; Lord Bellhaven; Lord Ruthven; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Fountainhall; Lord Anstruther; Lord Rankeilor; Mr Fra: Montgomry; Laird of Pollock; Laird of Blackbarrony; Laird of Stevensone; Proveist of Edinburgh

1. NRS, PC2/27, 116r.

2. NRS, PC2/27, 116r.

1. NRS, PC2/27, 116r.

2. NRS, PC2/27, 116r.

Procedure, 16 June 1698, Edinburgh

Posted on by

Att Edinburgh The sixteenth day of June Jaj vjc nynty Eight years

A1698/6/161

Procedure

Approbation of the Warrant for Signing The Earle of Nithsdales Pass

The Lord President of privy Councill having moved to their Lordships That att their meeting upon the Fourteenth of June Instant They hade given warrant to him To sign a Pass In favours of the Earle of Nithsdale But at that tyme some of their Lordships seemed To be unclear, And Therfore he desyred To know their present Thoughts which being Considered by the saids Lords they heirby adhere to their former warrant of the dait forsaid And ordains the same To be Extracted and of that same Date.

Att Edinburgh The sixteenth day of June Jaj vjc nynty Eight years

A1698/6/161

Procedure

Approbation of the Warrant for Signing The Earle of Nithsdales Pass

The Lord President of privy Councill having moved to their Lordships That att their meeting upon the Fourteenth of June Instant They hade given warrant to him To sign a Pass In favours of the Earle of Nithsdale But at that tyme some of their Lordships seemed To be unclear, And Therfore he desyred To know their present Thoughts which being Considered by the saids Lords they heirby adhere to their former warrant of the dait forsaid And ordains the same To be Extracted and of that same Date.

1. NRS, PC1/51, 437.

1. NRS, PC1/51, 437.

Act, 16 June 1698, Edinburgh

Posted on by

Att Edinburgh The sixteenth day of June Jaj vjc nynty Eight years

A1698/6/151

Act

Act To the Water Bailie of Leith anent Captain Man

The Lords of his Majesties privy Councill Doe heirby give order and warrant to Mr Hary Ferguson present water Bailie att Leith To Call before him Captain John Man master or Commander of the English Ship Called the Association Frigett lying in the Road of Leith Intended for his Majesties plantations In America and to Cause the said Captain Man To Bring a shoar and produce before him the said Bailie all the persons aboard the said ship whom he has Ingadged since he Came within this Kingdom for being transported to the plantationes. And to Examine The saids persons out-with the said Captain Man his presence If they be free persones and have Engadged willingly for America and whither They be Engadged with any other persons merchants or Societies belonging To this Kingdom. And if the said Captain Man Refuse or delay To bring a shoar and produce the persones aboard his ship, Then and in that caice The saids Lords Doe heirby give order and warrant To the said water Bailie to take and apprehend The person of the said Captain Man, and Committ him to Prison ay and while he give bond and find sufficient Caution That he shall bring a shoar and produce before the said Water Bailie The persons whom he has agreed with, since he came to this Kingdom To the Effect they may be Examined in manner forsaid. And gives power to the said water Bailie to Ship and putt aboard again such of the saids persons to be brought before him as he shall find freemen willingly Ingadged with the said Captain Man and not Ingadged with any persons merchants or societies in this Kingdom And Likeways gives power and warrand To the said Water Bailie To secure such of the saids persones as shall be brought from the said ship who shall appear to be unfree-men or not willingly Engadged with the said Captain Man, or who are Ingadged with any persons merchants or Societies belonging to this Kingdome and to discuss such of these persones as are freemen and not Ingadged with any persons as said is within this Kingdom and not willing to goe abroad with the said Captain Man And The saids Lords doe prohibite and discharge The said Captain Man To Engadge or take on any persons of this Kingdom for America untill First he produce these persones before the magistrats of Edinburgh and That he obtain a Certificat under the hands of the saids Magistrats That the persons who Engadge with him are freemen and not Engadged with any other persons merchants or Societies within this Kingdom. And gives order and warrant To the said Water Bailie of Leith, To secure the person of the said Captain Man untill he give Bond and find caution to obey and fulfill the Terms of this act under the penaltie of Ane Hundered pounds Sterling and upon Receit of the Bonds forsaid gives order and warrant to the said water Bailie Instantly to report the same to the Clerks of privy Councill.

Att Edinburgh The sixteenth day of June Jaj vjc nynty Eight years

A1698/6/151

Act

Act To the Water Bailie of Leith anent Captain Man

The Lords of his Majesties privy Councill Doe heirby give order and warrant to Mr Hary Ferguson present water Bailie att Leith To Call before him Captain John Man master or Commander of the English Ship Called the Association Frigett lying in the Road of Leith Intended for his Majesties plantations In America and to Cause the said Captain Man To Bring a shoar and produce before him the said Bailie all the persons aboard the said ship whom he has Ingadged since he Came within this Kingdom for being transported to the plantationes. And to Examine The saids persons out-with the said Captain Man his presence If they be free persones and have Engadged willingly for America and whither They be Engadged with any other persons merchants or Societies belonging To this Kingdom. And if the said Captain Man Refuse or delay To bring a shoar and produce the persones aboard his ship, Then and in that caice The saids Lords Doe heirby give order and warrant To the said water Bailie to take and apprehend The person of the said Captain Man, and Committ him to Prison ay and while he give bond and find sufficient Caution That he shall bring a shoar and produce before the said Water Bailie The persons whom he has agreed with, since he came to this Kingdom To the Effect they may be Examined in manner forsaid. And gives power to the said water Bailie to Ship and putt aboard again such of the saids persons to be brought before him as he shall find freemen willingly Ingadged with the said Captain Man and not Ingadged with any persons merchants or societies in this Kingdom And Likeways gives power and warrand To the said Water Bailie To secure such of the saids persones as shall be brought from the said ship who shall appear to be unfree-men or not willingly Engadged with the said Captain Man, or who are Ingadged with any persons merchants or Societies belonging to this Kingdome and to discuss such of these persones as are freemen and not Ingadged with any persons as said is within this Kingdom and not willing to goe abroad with the said Captain Man And The saids Lords doe prohibite and discharge The said Captain Man To Engadge or take on any persons of this Kingdom for America untill First he produce these persones before the magistrats of Edinburgh and That he obtain a Certificat under the hands of the saids Magistrats That the persons who Engadge with him are freemen and not Engadged with any other persons merchants or Societies within this Kingdom. And gives order and warrant To the said Water Bailie of Leith, To secure the person of the said Captain Man untill he give Bond and find caution to obey and fulfill the Terms of this act under the penaltie of Ane Hundered pounds Sterling and upon Receit of the Bonds forsaid gives order and warrant to the said water Bailie Instantly to report the same to the Clerks of privy Councill.

1. NRS, PC1/51, 436.

1. NRS, PC1/51, 436.

Sederunt, 16 June 1698, Edinburgh

Posted on by

Att Edinburgh The sixteenth day of June Jaj vjc nynty Eight years1

A1698/6/142

Sederunt

Earl of Melvill P.C.; Earl of Southerland; Earl of Lauderdale; Earl of Annandale; Earl of Forfar; Lord Belhaven; Lord Ruthven; Lord President of Session; Lord Advocate; Lord Justice-Clerk; Lord Fountainhall; Lord Anstruther; Lord Rankillor; Mr Francis Montgomrie; Laird of Pollock; Laird of Blackbarrony; Laird of Stevenson; Lord Provost of Edinburgh

Att Edinburgh The sixteenth day of June Jaj vjc nynty Eight years1

A1698/6/142

Sederunt

Earl of Melvill P.C.; Earl of Southerland; Earl of Lauderdale; Earl of Annandale; Earl of Forfar; Lord Belhaven; Lord Ruthven; Lord President of Session; Lord Advocate; Lord Justice-Clerk; Lord Fountainhall; Lord Anstruther; Lord Rankillor; Mr Francis Montgomrie; Laird of Pollock; Laird of Blackbarrony; Laird of Stevenson; Lord Provost of Edinburgh

1. NRS, PC1/51, 436.

2. NRS, PC1/51, 436.

1. NRS, PC1/51, 436.

2. NRS, PC1/51, 436.