Tag Archives: 17 December 1695

Act, 17 December 1695, Edinburgh

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Att Edinburgh the Seventyne day of December Jaj vic nyntie five yeirs

D1695/12/381

Act

Act Mr David Ogilvie

The Lords of his majesties privie Councell haveing considered a petitione given in to them be Mr David Ogilvie preacher of the Gospell at Aberbrothock with the writes mentioned in the said petitione and produced therwith They heirby allow to the said Mr David Ogilvie the Stipend of the said Kirk of Aberbrothock with the viccarage teinds belonging to the minister therof And that for the haill cropt and yeir of God Jaj vic nyntie five yeirs And ordaines him to be readiely ansuwered obeyed and payed therof by the heretors fewars wodsetters and wthers Lyable in payment therof And ordaines him to be readiely ansuered obeyed and payed therof by the heretors fewars wodsetters and uthers lyable in payment therof And ordaines Letters of Horning under the signet of privie Counsell to be direct against them for that effect The said Mr David Ogilvie produceing a decreit of Localitie And in caice ther be non ordaines these lyable to make payment to the said petitioner of ther respective proportiones of the said yeirs Stipend and viccaradge teinds belonging to the minister therof According as they shall be decerned be the judge ordinary.

Att Edinburgh the Seventyne day of December Jaj vic nyntie five yeirs

D1695/12/381

Act

Act Mr David Ogilvie

The Lords of his majesties privie Councell haveing considered a petitione given in to them be Mr David Ogilvie preacher of the Gospell at Aberbrothock with the writes mentioned in the said petitione and produced therwith They heirby allow to the said Mr David Ogilvie the Stipend of the said Kirk of Aberbrothock with the viccarage teinds belonging to the minister therof And that for the haill cropt and yeir of God Jaj vic nyntie five yeirs And ordaines him to be readiely ansuwered obeyed and payed therof by the heretors fewars wodsetters and wthers Lyable in payment therof And ordaines him to be readiely ansuered obeyed and payed therof by the heretors fewars wodsetters and uthers lyable in payment therof And ordaines Letters of Horning under the signet of privie Counsell to be direct against them for that effect The said Mr David Ogilvie produceing a decreit of Localitie And in caice ther be non ordaines these lyable to make payment to the said petitioner of ther respective proportiones of the said yeirs Stipend and viccaradge teinds belonging to the minister therof According as they shall be decerned be the judge ordinary.

1. NRS, PC2/26, 67r.

1. NRS, PC2/26, 67r.

Act, 17 December 1695, Edinburgh

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Att Edinburgh the Seventyne day of December Jaj vic nyntie five yeirs

D1695/12/371

Act

Act Mr George Arnot for the Stipend of Neuburgh

The Lords of his majesties privie Councell Haveing considered a petitione given in to them be Mr George Arnot Brother Jerman to The Laird of Woodmylne with the gift of the patron and consent mentioned in the said petitione And produced therwith They heirby The vacant Stipends of the kirk of Newburgh for the haile instant cropt and yeir of God Jaj vic nyntie five yeirs To be imployed for building of a manse to the minister of the said kirk And nominats And appoints the said Mr George Arnot to be factor for uplifting and ingathering of the Said Stiped And ordaines him to be readiely answuered obeyed and payed therof be the heretors fewars liferenters titulars tacksemen of teinds tenents possessors and uthers lyable in payment of the said yeirs Stipend In respect he hes found Sufficient cautione acted in the books of privie Councell that he shall imploy the said Stipend upon bwilding of the said Manse to the value of Twelve Hundereth merks Scotts money And ordaines Letters of horning under the Signet of Councill and others needfull to be direct heiron at the said Mr George Arnots instance Against The heretors and others forsaid lyable in payment of the said yeirs vacant Stipend upon productione of a decreit of Localitie And in caice ther be non ordaines the heretors and wthers foirsaids to make payment to the said Mr George Arnot of ther respective proportiones of the same According as they shall be decerned by the Judge ordinary

Att Edinburgh the Seventyne day of December Jaj vic nyntie five yeirs

D1695/12/371

Act

Act Mr George Arnot for the Stipend of Neuburgh

The Lords of his majesties privie Councell Haveing considered a petitione given in to them be Mr George Arnot Brother Jerman to The Laird of Woodmylne with the gift of the patron and consent mentioned in the said petitione And produced therwith They heirby The vacant Stipends of the kirk of Newburgh for the haile instant cropt and yeir of God Jaj vic nyntie five yeirs To be imployed for building of a manse to the minister of the said kirk And nominats And appoints the said Mr George Arnot to be factor for uplifting and ingathering of the Said Stiped And ordaines him to be readiely answuered obeyed and payed therof be the heretors fewars liferenters titulars tacksemen of teinds tenents possessors and uthers lyable in payment of the said yeirs Stipend In respect he hes found Sufficient cautione acted in the books of privie Councell that he shall imploy the said Stipend upon bwilding of the said Manse to the value of Twelve Hundereth merks Scotts money And ordaines Letters of horning under the Signet of Councill and others needfull to be direct heiron at the said Mr George Arnots instance Against The heretors and others forsaid lyable in payment of the said yeirs vacant Stipend upon productione of a decreit of Localitie And in caice ther be non ordaines the heretors and wthers foirsaids to make payment to the said Mr George Arnot of ther respective proportiones of the same According as they shall be decerned by the Judge ordinary

1. NRS, PC2/26, 66v.

1. NRS, PC2/26, 66v.

Act, 17 December 1695, Edinburgh

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Att Edinburgh the Seventyne day of December Jaj vic nyntie five yeirs

D1695/12/361

Act

Act Adair and Slazier

Anent the petitione given in to the Lords of privie Councill be John Adair Geographer Shewing That The estates of parliament in ther late Sessione haveing bein pleased by ther act of the sixtein of Jully Last to Lay ane impositione upon Shipping for making of mapps and descriptions of the coasts and Islands of Scotland And now the petitioner haveing wyne sea mapps readie which with ther Descriptiones will compose the first pairt of the work And ther being only four of the saids mapps cutte The Soume of Two Hundereth punds Sterleing will be presently necessarie for cutting the other five bwying paper and printing them with ther descriptiones And seeing by the said act of parliament The Lords of privie Councell are to sie to the applyeing of the foirsaid impositione for that use In caice the said Soume be payed in to the petitioner befor the midle of January next he thereby obleidges himself to have the said first pairt printed and published by whittSounday next Therfore Desyreing the saids Lords of privie Councill to ordaine his majesties cashkeeper to call for the said soume from the collectors of his majesties customes and pay in the samen to the petitioner against the forsaid tyme As the said petitione bears Which being red and considered be the saids Lords of privie Councell with ane other be Captain John Slazer They heirby appoint George Baillie of Jarviswood generall receaver of his majesties crowne rents to call for and receave in from the collectors and tacksemen of his majesties customes and forraigne excyse the impositione Laid upon Shipping mentioned in the saids petitiones And ordaines these collectors to delyver and pay in the same to him And nominats and appoints The Lord Yeaster and The Laird of Blackbarronie to be a comittie of Councell for seing of the Said impositione applyed and proportioned in the termes of the act of parliament And ordaines Letters to be direct heiron at the instance of his majesties cashkeeper Against the collectors And tacksemen of his majesties cwstomes and forraigne excyse in forme as effeirs

Att Edinburgh the Seventyne day of December Jaj vic nyntie five yeirs

D1695/12/361

Act

Act Adair and Slazier

Anent the petitione given in to the Lords of privie Councill be John Adair Geographer Shewing That The estates of parliament in ther late Sessione haveing bein pleased by ther act of the sixtein of Jully Last to Lay ane impositione upon Shipping for making of mapps and descriptions of the coasts and Islands of Scotland And now the petitioner haveing wyne sea mapps readie which with ther Descriptiones will compose the first pairt of the work And ther being only four of the saids mapps cutte The Soume of Two Hundereth punds Sterleing will be presently necessarie for cutting the other five bwying paper and printing them with ther descriptiones And seeing by the said act of parliament The Lords of privie Councell are to sie to the applyeing of the foirsaid impositione for that use In caice the said Soume be payed in to the petitioner befor the midle of January next he thereby obleidges himself to have the said first pairt printed and published by whittSounday next Therfore Desyreing the saids Lords of privie Councill to ordaine his majesties cashkeeper to call for the said soume from the collectors of his majesties customes and pay in the samen to the petitioner against the forsaid tyme As the said petitione bears Which being red and considered be the saids Lords of privie Councell with ane other be Captain John Slazer They heirby appoint George Baillie of Jarviswood generall receaver of his majesties crowne rents to call for and receave in from the collectors and tacksemen of his majesties customes and forraigne excyse the impositione Laid upon Shipping mentioned in the saids petitiones And ordaines these collectors to delyver and pay in the same to him And nominats and appoints The Lord Yeaster and The Laird of Blackbarronie to be a comittie of Councell for seing of the Said impositione applyed and proportioned in the termes of the act of parliament And ordaines Letters to be direct heiron at the instance of his majesties cashkeeper Against the collectors And tacksemen of his majesties cwstomes and forraigne excyse in forme as effeirs

1. NRS, PC2/26, 66r.

1. NRS, PC2/26, 66r.

Act, 17 December 1695, Edinburgh

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Att Edinburgh the Seventyne day of December Jaj vic nyntie five yeirs

D1695/12/351

Act

Act Anent the writes of Wamphray

Anent the petitione given in to the Lords of his majesties privie Counsell be Mr George Dicksone of Bowghtrig Shewing That wher the Deceast William Johnstowne of Wamphray clameing interest in Severall Debts Due by the Deceast John Johnstowne of Wamphray father to Jennet Johnstowne now Lady Wamphray his only daughter and air with certaine blank assignationes therto and the said Lady alleadgeing the said debts were payed by her father and her own meanes And that therfor the assignationes therto can only import and have the effect of Dischargers The said papers were depositat by mutuall consent in the hands of the petitioner to the pairties should aither agrie or that it Should be Decyded by Law to whom the said writts belonged As the said Subscribed termes of positatione lying in the Lords of privie counsells clerks hands bears Notwithstanding wherof because the petitioner would not contrair to the trust reposed in him give up the saids papers to the said William Johnstowne he was influenced by Some who had more regard to ther own then to his well to give in a bill to the saids Lords of privie Councell upon most false and callummous pretences craveing the saids wrytes and any other writes pertaining to him in the petitioners custodie might be putt in the hands of the clerks Wherupon the saids Lords of privie Counsell without calling the petitioner Granted the desyre therof Wherupon John Hamilton baillie of the Abbay seased upon two cabinets pertaining to the petitioner which he keeps and detaines to this houre And Seing it is very prejudiciall to the petitioner that his own or his other clients papers Should be aither kept or exposed to the veiw of Strangers Therfor desyreing the Saids Lords of privie Councell to recomend to any of the Lords of the Sessione to reveiw the saids cabinets And dispose of any papers belonging to Wamphray as they Shall find Just and returne the petitioner his cabinets with Such papers as belong to himself or any other his clients And because his personall presence will be necessar at the Looking through the saids papers Humbly craveing that the saids Lords of privie Councell would grant and personall protectione till the first of november next to come And Sicklyke in and other petitione given in to the Saids Lords of privie Councell be Jennet Johnstone doughter and air to the deceast John Johnstowne of Wamphray2 and Robert Johnstowne her Sone procreat betuixt her and the deceast William Johnstowne of Wamphray Shewing That wher ther being severall papers pertaining to the petitioners and the said William Johnstowne in the custodie of Mr George Dicksone of Boughtrig the said William Johnstowne did apply to the Saids Lords of privie Councell And upon the nynth of March Last by past obtained a warrand to putt the saids writes in the hands of the clerks of privie Councell And therupon John Hamiltone baillie of the Abbay Seased upon the said Mr George his cabinets and keeps the Same Sealled in his custodie And the petitioners are informed that Mr William Johnstowne Sone to Westerraw and Mr James Nasemith clerk deput of Edinburgh have obtained a warrand to be present at the veiwing of the saids papers But therefter upon more mature deliberatione the said William Johnstowne ordained the Same to be putt in the hands of Mr John Frank then his ordinary Advocat as is evident by a consent under his hand and a Subscribed petitione for that effect now in the clerks hands Lykeas the tyme of the said William Johnstone his decease the said baillie by his own awthoritie Seased upon the said William Johnstoune his trunk wherin ther are severalls writes and he still keeps and Detains the Same And Seing Severall of the Saids writes pertaine properly to the said Jennet Johnstowne and wherin the said William Johnstowne had no interest but only Jure mariti which now ceases by his decease And that the said Robert Johnstowne is appeirand air to his said father hes good interest to have inspectione of any of them Longing to him to the effect he may advise whither he uill enter air or not And that ther is neither Law nor reasone that the petitioners papers Should be exposed to the veiw and perwseall of ther adversaries And that the Lords of Sessione are the only Judges competent to maters of Law and the questiones that may arise anent the right to the saids papers Therfor craveing the saids Lords of privie Councell to ordaine the said John Hamiltoune to give up the saids cabinets and trwnks to the said Mr John Frank the ordinary advocat who wes formerly agried to or to Mr Alexander Gibsone and of the clerks of Sessione To the effect Such of them as belong propperly to the petitioners may be delivered up to her And the said Robert Johnstowne may have inspectione of Such as pertaine propperly to him And to recomend to the Lords of Session to discuss questions that may arise theranent And discharges the said William Johnstowne or Mr James Nesmith or any other persone to have access to or inspectione of the saids writes otherwayes then ordinar proces that all pearties concerned may be heard As the saids petitioners bears The Lords of his majesties privie Councell haveing considered the petitione given in to them be Mr George Dicksone And ane other petitione for the Daughter and air of John of Wamphray and Robert Johnstoune her Sone with the ansuers made therto by the creditors of Wamphray They heirby ordaine the Cabinets trumps and papers mentioned in both petitiones to be exhibited and Delivered in to the hands of Mr Alexander Gibsone one of the clerks of Sessione to be made furthcomeing to all pairties haveing interest As accords And remitts to the Lords of Sessione to order inspectione and inventar to be made of the Same at sight of persones And in Such termes as they shall think fitt And to determine what of the saids papers Shall be delyvered to any pairties interest therin.

Att Edinburgh the Seventyne day of December Jaj vic nyntie five yeirs

D1695/12/351

Act

Act Anent the writes of Wamphray

Anent the petitione given in to the Lords of his majesties privie Counsell be Mr George Dicksone of Bowghtrig Shewing That wher the Deceast William Johnstowne of Wamphray clameing interest in Severall Debts Due by the Deceast John Johnstowne of Wamphray father to Jennet Johnstowne now Lady Wamphray his only daughter and air with certaine blank assignationes therto and the said Lady alleadgeing the said debts were payed by her father and her own meanes And that therfor the assignationes therto can only import and have the effect of Dischargers The said papers were depositat by mutuall consent in the hands of the petitioner to the pairties should aither agrie or that it Should be Decyded by Law to whom the said writts belonged As the said Subscribed termes of positatione lying in the Lords of privie counsells clerks hands bears Notwithstanding wherof because the petitioner would not contrair to the trust reposed in him give up the saids papers to the said William Johnstowne he was influenced by Some who had more regard to ther own then to his well to give in a bill to the saids Lords of privie Councell upon most false and callummous pretences craveing the saids wrytes and any other writes pertaining to him in the petitioners custodie might be putt in the hands of the clerks Wherupon the saids Lords of privie Counsell without calling the petitioner Granted the desyre therof Wherupon John Hamilton baillie of the Abbay seased upon two cabinets pertaining to the petitioner which he keeps and detaines to this houre And Seing it is very prejudiciall to the petitioner that his own or his other clients papers Should be aither kept or exposed to the veiw of Strangers Therfor desyreing the Saids Lords of privie Councell to recomend to any of the Lords of the Sessione to reveiw the saids cabinets And dispose of any papers belonging to Wamphray as they Shall find Just and returne the petitioner his cabinets with Such papers as belong to himself or any other his clients And because his personall presence will be necessar at the Looking through the saids papers Humbly craveing that the saids Lords of privie Councell would grant and personall protectione till the first of november next to come And Sicklyke in and other petitione given in to the Saids Lords of privie Councell be Jennet Johnstone doughter and air to the deceast John Johnstowne of Wamphray2 and Robert Johnstowne her Sone procreat betuixt her and the deceast William Johnstowne of Wamphray Shewing That wher ther being severall papers pertaining to the petitioners and the said William Johnstowne in the custodie of Mr George Dicksone of Boughtrig the said William Johnstowne did apply to the Saids Lords of privie Councell And upon the nynth of March Last by past obtained a warrand to putt the saids writes in the hands of the clerks of privie Councell And therupon John Hamiltone baillie of the Abbay Seased upon the said Mr George his cabinets and keeps the Same Sealled in his custodie And the petitioners are informed that Mr William Johnstowne Sone to Westerraw and Mr James Nasemith clerk deput of Edinburgh have obtained a warrand to be present at the veiwing of the saids papers But therefter upon more mature deliberatione the said William Johnstowne ordained the Same to be putt in the hands of Mr John Frank then his ordinary Advocat as is evident by a consent under his hand and a Subscribed petitione for that effect now in the clerks hands Lykeas the tyme of the said William Johnstone his decease the said baillie by his own awthoritie Seased upon the said William Johnstoune his trunk wherin ther are severalls writes and he still keeps and Detains the Same And Seing Severall of the Saids writes pertaine properly to the said Jennet Johnstowne and wherin the said William Johnstowne had no interest but only Jure mariti which now ceases by his decease And that the said Robert Johnstowne is appeirand air to his said father hes good interest to have inspectione of any of them Longing to him to the effect he may advise whither he uill enter air or not And that ther is neither Law nor reasone that the petitioners papers Should be exposed to the veiw and perwseall of ther adversaries And that the Lords of Sessione are the only Judges competent to maters of Law and the questiones that may arise anent the right to the saids papers Therfor craveing the saids Lords of privie Councell to ordaine the said John Hamiltoune to give up the saids cabinets and trwnks to the said Mr John Frank the ordinary advocat who wes formerly agried to or to Mr Alexander Gibsone and of the clerks of Sessione To the effect Such of them as belong propperly to the petitioners may be delivered up to her And the said Robert Johnstowne may have inspectione of Such as pertaine propperly to him And to recomend to the Lords of Session to discuss questions that may arise theranent And discharges the said William Johnstowne or Mr James Nesmith or any other persone to have access to or inspectione of the saids writes otherwayes then ordinar proces that all pearties concerned may be heard As the saids petitioners bears The Lords of his majesties privie Councell haveing considered the petitione given in to them be Mr George Dicksone And ane other petitione for the Daughter and air of John of Wamphray and Robert Johnstoune her Sone with the ansuers made therto by the creditors of Wamphray They heirby ordaine the Cabinets trumps and papers mentioned in both petitiones to be exhibited and Delivered in to the hands of Mr Alexander Gibsone one of the clerks of Sessione to be made furthcomeing to all pairties haveing interest As accords And remitts to the Lords of Sessione to order inspectione and inventar to be made of the Same at sight of persones And in Such termes as they shall think fitt And to determine what of the saids papers Shall be delyvered to any pairties interest therin.

1. NRS, PC2/26, 64v-65v.

2. The letters ‘ph’ scored out in the middle of this word.

1. NRS, PC2/26, 64v-65v.

2. The letters ‘ph’ scored out in the middle of this word.

Act, 17 December 1695, Edinburgh

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Att Edinburgh the Seventyne day of December Jaj vic nyntie five yeirs

D1695/12/341

Act

Act Rachell Adams

The Lords of his majesties privie Councell haveing considered a petitione given in to them be Rachell Adams relict of the deceast Mr Alexander Pittcairne Principall of the new Colledge of St Andrews They heirby allow to the said petitioner the Stipend or Sellarie of the principall of the new Colledge of St Andrews for the half cropt and yeir of God Jaj vic and nyntie five And decernes and ordaines John Guthrie the factor or any other intrometter with the rents of the Said new colledge to make payment to the petitioner of the Same And allowes the regents and maisters of the said new colledge to 2 Sie and ansuer the Same as to the cellarie of the Second maister And ordaines Letters of Horning to be direct hereon under the Signet of Councell for payment of cellarie of the principall and others in forme as effeirs

Att Edinburgh the Seventyne day of December Jaj vic nyntie five yeirs

D1695/12/341

Act

Act Rachell Adams

The Lords of his majesties privie Councell haveing considered a petitione given in to them be Rachell Adams relict of the deceast Mr Alexander Pittcairne Principall of the new Colledge of St Andrews They heirby allow to the said petitioner the Stipend or Sellarie of the principall of the new Colledge of St Andrews for the half cropt and yeir of God Jaj vic and nyntie five And decernes and ordaines John Guthrie the factor or any other intrometter with the rents of the Said new colledge to make payment to the petitioner of the Same And allowes the regents and maisters of the said new colledge to 2 Sie and ansuer the Same as to the cellarie of the Second maister And ordaines Letters of Horning to be direct hereon under the Signet of Councell for payment of cellarie of the principall and others in forme as effeirs

1. NRS, PC2/26, 64r-64v.

2. The words ‘make payment’ scored out here.

1. NRS, PC2/26, 64r-64v.

2. The words ‘make payment’ scored out here.

Act, 17 December 1695, Edinburgh

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Att Edinburgh the Seventyne day of December Jaj vic nyntie five yeirs

D1695/12/331

Act

Act and remitt Thomas Russell

Anent the petitione given in to the Lords of his majesties privie Counsell Be Thomas Russell of Elrig Shewing That wherin a complaint at the instance of Thomas Aikenhead of Jaw against the petitioner for alleadged hindering him to repair the Dam of the mylne of Jaw And for the Stopping of the bwilding of a new mylne which the petitioner was bwilding upon his own ground And for the alleadged diverting of the water from the persewars mylne of Jaw The2 Saids Lords of privie Councell efter heareing the complaint and ansuers and a full debate in ther own presence be interloqwitor the tenth of December last Fand that pairt of the lybell relevant that the petitioner had molested and impeded the persewar in his right and possessione of the mylne of Jaw and watergang and mylnehead therof in maner lybelled And admitted the Same to the persewars probatione But refused to Sustaine proces as to the bwilding of ane other mylne And appointed a committee for takeing the depositiones of the wittnesses upon the points found relevant And accordingly ther being severall wittnesses examined But finding that they prove Litle or nothing that was materiall He upon a petition given in the next Counsell reclameing against the interloquitor he obtained a new interloquitor Remitting to the Comittie to examine the wittnesses upon the petitioners diverting the course of the writer And that therby the said Thomas Aikenhead was prejudged And gave comissione to take the depositione of Andrew Currie a wittnes in the Countrie And in the mean tyme Stopped the bwilding or goeing of the petitioners mylne of Ellrig As to which The petitioner humbly represents That The said Last interloquitor was procured parte mandata Wheras if the petitioner had bein allowed to ansuer the petitione he would have alleadged that the wittnesses could not be examined upon any other points then what was contained in the former interloquitor which was that the petitioner Should have hindered to repaire the dam slwce and watergang of the mylne of Jaw by takeing the Spade out of the workmens hands And threatning any persone that Should cast any faill for the wse forsaid As the Samen is mentioned in the lybell And the comittie when they compared the lybell with the Saids Lords of privie Councell ther interloquitor They fand that the wittnesses could not be interrogat upon any other point for as to the diverting the channell and Course of the water that pairt of the lybell was taken off by the petitioners ansuer which was this That the Loch from which the water was Drawen was in the petitioners grownd And that the Channell and course of the water and aqweduct that the petitioner did Draw from the said Loch to his own mylne was also upon his own grownd that he could not be hindered to make ane channell and aqwedwct in his own grownd As also that the persewer had no prejudice in this caice nor was the water anywayes diverted from the petitioners mylne being the Superior mylne albeit he brought the water a Litle off the ordinary course to his mylne yet imediatly when it goes from the petitioners mylne it falls in againe to the persewers Dam and Leader And So goes Straight to the persewers mylne And ther was no Loss of water by pretendit impedeing the persewer in repaireing of his Dam And as the comittie did examine them only in relatione to that particular so they could not examine them upon any Diverting of the water by the petitioners makeing of new aqwadwcts his mylne In respect that was a point of right propper to be determined by the Judge ordinary The petitioner would have alleadged that he could not be Stopt in the building of his new mylne Because everie persone may bwild a mylne upon his own grownd wnles he be restricted by a Servitage or thirleage or that he were restrained be Some particular right and obligatione not to bwild a mylne And in this caice ther is nether restrictione nor any restraint upon the petitioner not to build a mylne but on the contrair by his Contract By his few right from The Dwke of Hamiltowne Superior he is impouered And it is declaired Laufull and Leisium to him to bwild a Corne mylne upon his Lands of Ellrig for grinding of his cornes And to appropriat the profeits therof for his own wse As appears by his right produced in the yeir Jaj vic and fiftie And the persewer neither hes nor can pretend to have any right of thirleage upon the petitioners Lands But only he alleadges that Monteith of Mylnehall hes right of thirleage But that Does not at all concerne the mylne of Jaw nor is mylne hall compeareing in this proces nor is ther any right of Thirleage produced And albeit the petitioner needed not to say any more but that he was not lyable in any thirleage to the mylne of Jaw and So may be frie to bwild his mylne upon his own ground yet Seing he furder instructs by his right produced above fourtie five yeirs Since That he is impouered to bwild a mulne he can never be impeded to build the said mylne upon the persewers Simple assertione that he is thirled to his mylne For if that were allowed any persone may hinder a neighboure to bwild a mylne upon his own ground upon his Simple assertione that the builder of the mylne is restricted to the persone that would hinder him And by this meanes no man Shall be alloued to build a mylne upon his his3 own ground albeit he be absolutely frie untill he first persue a declarator against all the neighbours of the neighboureing mylnes which no man will have the confidence to assert As also both these points in relatione to his building of the mylne and Drawing of water by ane aqwadwct And Leader to his own mylne in his own ground being points of right are only propper to be Determined by The Lords of Sessione Therfore the saids Lords of privie Councell efter full Heareing of both pairties upon these points did most Justly refwise to Sustaine proces befor the Counsell as to the building of ane other mylne And the drawing of ane aqwadwct and Leader to his mylne was a pairt of the bwilding of his new mylne And consequently proces was not Sustained in relatione to that pairt of the lybell wher the persuer complaines of the petitioners makeing a new Channell and drawing the water to his mylne through his own ground for as he can build a mylne als undoubtedly he may be vertue of his right He be the same reasone may Draw ane aqwedwct and Leader to his mylne through his own grownd And So as he cannot be hindered to bwild mylne he cannot be hindered to mak a Dam And leader to her But especiallie wher the persuer hes no prejudice the water falling intirlie into his Dam as it comes from the petitioners mylne Tertio no comissione ought to be granted for takeing of Currie the witnes his oath who is pretended to be of a great age Seing ther is nothing produced to instruct his age And Such comissioners are not in wse to be granted unles testificats of ther age be produced upon Soule and conscience that they are not able to travell for ages Quarto as to that pretence that ther is not a Shirreff in Stirleing Shyre now Since The Earle of Linlithgows Decease It is absolutely groundles seeing the petitioner is not lyable to the Shirreffs Jurisdictione in respect his Lands lyes within the regalitie of Borrowstownes as appears by his right prodwce And Therfore humbly craveing that the saids Lords of privie Councell would be pleased to resume to ther consideratione the last interloquitor which was past withowt heareing of pairties And adhere to the first interloquitor allowing only the wittnesses to be examined as to the petitioners intended impedeing of the persuer and his Servants in repaireing of his Damm and refuseing to Sustaine proces befor the privie Counsell as to the building of his mylne And the petitioners mylne being alreadie Compleat by bwilt he may be allowed to proceed to make her a goeing mylne But when the persewer shall intent any actione befor the Judge ordinary against the petitioner for declareing any astrictione or that he hes not a right to bwild a mylne He shall have ane ansuer And to discharge the executeing of any Comissione for takeing of Curries oath in the Countrie befor a testificat upon soull and conscience of his age and infirmitie that he is not able to travell be produced As the said petitione bears Which being this day red and considered be the saids Lords of privie Councell They doe heirby adhere to ther last interloquitor pronunced upon Thomas Aikenehad of Jawes petitione as to the Stopping of the building of the petitioners mylne And remitts that point anent the Diverting of the course of the water And also that pairt of the lybell anent the petitioners haveing right to bwild a new mylne To the Lords of Sessione And recomends to them to discuss the Samen Summarly without the ordinary course of the roll And refwises to allow any wittnesses to be adduced anent the diverting of the course of the water And adheres to the Comissione for takeing of Andrew Curries oath as to the Stopping of Jaues men in mending the Dam

Att Edinburgh the Seventyne day of December Jaj vic nyntie five yeirs

D1695/12/331

Act

Act and remitt Thomas Russell

Anent the petitione given in to the Lords of his majesties privie Counsell Be Thomas Russell of Elrig Shewing That wherin a complaint at the instance of Thomas Aikenhead of Jaw against the petitioner for alleadged hindering him to repair the Dam of the mylne of Jaw And for the Stopping of the bwilding of a new mylne which the petitioner was bwilding upon his own ground And for the alleadged diverting of the water from the persewars mylne of Jaw The2 Saids Lords of privie Councell efter heareing the complaint and ansuers and a full debate in ther own presence be interloqwitor the tenth of December last Fand that pairt of the lybell relevant that the petitioner had molested and impeded the persewar in his right and possessione of the mylne of Jaw and watergang and mylnehead therof in maner lybelled And admitted the Same to the persewars probatione But refused to Sustaine proces as to the bwilding of ane other mylne And appointed a committee for takeing the depositiones of the wittnesses upon the points found relevant And accordingly ther being severall wittnesses examined But finding that they prove Litle or nothing that was materiall He upon a petition given in the next Counsell reclameing against the interloquitor he obtained a new interloquitor Remitting to the Comittie to examine the wittnesses upon the petitioners diverting the course of the writer And that therby the said Thomas Aikenhead was prejudged And gave comissione to take the depositione of Andrew Currie a wittnes in the Countrie And in the mean tyme Stopped the bwilding or goeing of the petitioners mylne of Ellrig As to which The petitioner humbly represents That The said Last interloquitor was procured parte mandata Wheras if the petitioner had bein allowed to ansuer the petitione he would have alleadged that the wittnesses could not be examined upon any other points then what was contained in the former interloquitor which was that the petitioner Should have hindered to repaire the dam slwce and watergang of the mylne of Jaw by takeing the Spade out of the workmens hands And threatning any persone that Should cast any faill for the wse forsaid As the Samen is mentioned in the lybell And the comittie when they compared the lybell with the Saids Lords of privie Councell ther interloquitor They fand that the wittnesses could not be interrogat upon any other point for as to the diverting the channell and Course of the water that pairt of the lybell was taken off by the petitioners ansuer which was this That the Loch from which the water was Drawen was in the petitioners grownd And that the Channell and course of the water and aqweduct that the petitioner did Draw from the said Loch to his own mylne was also upon his own grownd that he could not be hindered to make ane channell and aqwedwct in his own grownd As also that the persewer had no prejudice in this caice nor was the water anywayes diverted from the petitioners mylne being the Superior mylne albeit he brought the water a Litle off the ordinary course to his mylne yet imediatly when it goes from the petitioners mylne it falls in againe to the persewers Dam and Leader And So goes Straight to the persewers mylne And ther was no Loss of water by pretendit impedeing the persewer in repaireing of his Dam And as the comittie did examine them only in relatione to that particular so they could not examine them upon any Diverting of the water by the petitioners makeing of new aqwadwcts his mylne In respect that was a point of right propper to be determined by the Judge ordinary The petitioner would have alleadged that he could not be Stopt in the building of his new mylne Because everie persone may bwild a mylne upon his own grownd wnles he be restricted by a Servitage or thirleage or that he were restrained be Some particular right and obligatione not to bwild a mylne And in this caice ther is nether restrictione nor any restraint upon the petitioner not to build a mylne but on the contrair by his Contract By his few right from The Dwke of Hamiltowne Superior he is impouered And it is declaired Laufull and Leisium to him to bwild a Corne mylne upon his Lands of Ellrig for grinding of his cornes And to appropriat the profeits therof for his own wse As appears by his right produced in the yeir Jaj vic and fiftie And the persewer neither hes nor can pretend to have any right of thirleage upon the petitioners Lands But only he alleadges that Monteith of Mylnehall hes right of thirleage But that Does not at all concerne the mylne of Jaw nor is mylne hall compeareing in this proces nor is ther any right of Thirleage produced And albeit the petitioner needed not to say any more but that he was not lyable in any thirleage to the mylne of Jaw and So may be frie to bwild his mylne upon his own ground yet Seing he furder instructs by his right produced above fourtie five yeirs Since That he is impouered to bwild a mulne he can never be impeded to build the said mylne upon the persewers Simple assertione that he is thirled to his mylne For if that were allowed any persone may hinder a neighboure to bwild a mylne upon his own ground upon his Simple assertione that the builder of the mylne is restricted to the persone that would hinder him And by this meanes no man Shall be alloued to build a mylne upon his his3 own ground albeit he be absolutely frie untill he first persue a declarator against all the neighbours of the neighboureing mylnes which no man will have the confidence to assert As also both these points in relatione to his building of the mylne and Drawing of water by ane aqwadwct And Leader to his own mylne in his own ground being points of right are only propper to be Determined by The Lords of Sessione Therfore the saids Lords of privie Councell efter full Heareing of both pairties upon these points did most Justly refwise to Sustaine proces befor the Counsell as to the building of ane other mylne And the drawing of ane aqwadwct and Leader to his mylne was a pairt of the bwilding of his new mylne And consequently proces was not Sustained in relatione to that pairt of the lybell wher the persuer complaines of the petitioners makeing a new Channell and drawing the water to his mylne through his own ground for as he can build a mylne als undoubtedly he may be vertue of his right He be the same reasone may Draw ane aqwedwct and Leader to his mylne through his own grownd And So as he cannot be hindered to bwild mylne he cannot be hindered to mak a Dam And leader to her But especiallie wher the persuer hes no prejudice the water falling intirlie into his Dam as it comes from the petitioners mylne Tertio no comissione ought to be granted for takeing of Currie the witnes his oath who is pretended to be of a great age Seing ther is nothing produced to instruct his age And Such comissioners are not in wse to be granted unles testificats of ther age be produced upon Soule and conscience that they are not able to travell for ages Quarto as to that pretence that ther is not a Shirreff in Stirleing Shyre now Since The Earle of Linlithgows Decease It is absolutely groundles seeing the petitioner is not lyable to the Shirreffs Jurisdictione in respect his Lands lyes within the regalitie of Borrowstownes as appears by his right prodwce And Therfore humbly craveing that the saids Lords of privie Councell would be pleased to resume to ther consideratione the last interloquitor which was past withowt heareing of pairties And adhere to the first interloquitor allowing only the wittnesses to be examined as to the petitioners intended impedeing of the persuer and his Servants in repaireing of his Damm and refuseing to Sustaine proces befor the privie Counsell as to the building of his mylne And the petitioners mylne being alreadie Compleat by bwilt he may be allowed to proceed to make her a goeing mylne But when the persewer shall intent any actione befor the Judge ordinary against the petitioner for declareing any astrictione or that he hes not a right to bwild a mylne He shall have ane ansuer And to discharge the executeing of any Comissione for takeing of Curries oath in the Countrie befor a testificat upon soull and conscience of his age and infirmitie that he is not able to travell be produced As the said petitione bears Which being this day red and considered be the saids Lords of privie Councell They doe heirby adhere to ther last interloquitor pronunced upon Thomas Aikenehad of Jawes petitione as to the Stopping of the building of the petitioners mylne And remitts that point anent the Diverting of the course of the water And also that pairt of the lybell anent the petitioners haveing right to bwild a new mylne To the Lords of Sessione And recomends to them to discuss the Samen Summarly without the ordinary course of the roll And refwises to allow any wittnesses to be adduced anent the diverting of the course of the water And adheres to the Comissione for takeing of Andrew Curries oath as to the Stopping of Jaues men in mending the Dam

1. NRS, PC2/26, 61v-64r.

2. The word ‘petitioner’ scored out here.

3. Sic.

1. NRS, PC2/26, 61v-64r.

2. The word ‘petitioner’ scored out here.

3. Sic.

Sederunt, 17 December 1695, Edinburgh

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Att Edinburgh the Seventyne day of December Jaj vic nyntie five yeirs1

D1695/12/322

Sederunt

Lord Chancellour; Earl of Sowtherland; Lord Yester; Viscount Tarbat; Lord Carmichel; Lord Justice Clerk; Lord Anstruther; Laird of Blackbarrony; Sir George Campbell; Sir Robert Cheisly provost of Edinburgh

Att Edinburgh the Seventyne day of December Jaj vic nyntie five yeirs1

D1695/12/322

Sederunt

Lord Chancellour; Earl of Sowtherland; Lord Yester; Viscount Tarbat; Lord Carmichel; Lord Justice Clerk; Lord Anstruther; Laird of Blackbarrony; Sir George Campbell; Sir Robert Cheisly provost of Edinburgh

1. NRS, PC2/26, 61v.

2. NRS, PC2/26, 61v.

1. NRS, PC2/26, 61v.

2. NRS, PC2/26, 61v.

Act, 17 December 1695, Edinburgh

Posted on by

At Edinburgh the seventeenth day of December Jaj vjc nynty and fyve years

A1695/12/201

Act

Liberatione Major James Buchane

Anent the Petitione given in to the Lords of his majesties Privy Councill by Major James Buchane Shewing That where the said petitioner was so unfortunate by the advyce and example of others as to goe to France and remained there till after the day appoynted by the act of parliament came to his knowledge But ever Since hes used his endeavours to forsake such advyces and leave France and being informed of their Lordships Clemencie to others in the lyke circumstances hes come home to through himself upon your Lordships mercie And therfore Humblie craveing in manner and to the effect aftermentioned as the said petition bears The Lords of his Majesties privy Councill Haveing considered the foresaid petitione given in to them by the said Major James Buchane They Hereby allow the said petitioner to be at Liberty to goe about his affaires in any place within this kingdome In respect He hes given bond and found sufficient Cautione acted in the books of privy Councill That He shall live peaceablie under and with all submission to the present Government of his Majestie King William and that He shall not act consult or contryve any thing in prejudice thereof nor shall not converse nor correspond with any Rebells And that he shall appear before the said Lords of privie Councill when called for under the penalty of one thousand merks scots in case He shall transgress in any part of the premisses

At Edinburgh the seventeenth day of December Jaj vjc nynty and fyve years

A1695/12/201

Act

Liberatione Major James Buchane

Anent the Petitione given in to the Lords of his majesties Privy Councill by Major James Buchane Shewing That where the said petitioner was so unfortunate by the advyce and example of others as to goe to France and remained there till after the day appoynted by the act of parliament came to his knowledge But ever Since hes used his endeavours to forsake such advyces and leave France and being informed of their Lordships Clemencie to others in the lyke circumstances hes come home to through himself upon your Lordships mercie And therfore Humblie craveing in manner and to the effect aftermentioned as the said petition bears The Lords of his Majesties privy Councill Haveing considered the foresaid petitione given in to them by the said Major James Buchane They Hereby allow the said petitioner to be at Liberty to goe about his affaires in any place within this kingdome In respect He hes given bond and found sufficient Cautione acted in the books of privy Councill That He shall live peaceablie under and with all submission to the present Government of his Majestie King William and that He shall not act consult or contryve any thing in prejudice thereof nor shall not converse nor correspond with any Rebells And that he shall appear before the said Lords of privie Councill when called for under the penalty of one thousand merks scots in case He shall transgress in any part of the premisses

1. NRS, PC1/50, 294-5.

1. NRS, PC1/50, 294-5.

Sederunt, 17 December 1695, Edinburgh

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At Edinburgh the seventeenth day of December1 Jaj vjc nynty and fyve years2

A1695/12/193

Sederunt

Lord Chancellour; Earl of Southerland; Lord Yester; Viscount Tarbat; Lord Carmichaell; Lord Polwarth; Lord Advocat; Lord Justice Clerk; Lord Anstruther; Laird of Blackbarrony; Sir George Campbell; Sir Robt Cheislie

At Edinburgh the seventeenth day of December1 Jaj vjc nynty and fyve years2

A1695/12/193

Sederunt

Lord Chancellour; Earl of Southerland; Lord Yester; Viscount Tarbat; Lord Carmichaell; Lord Polwarth; Lord Advocat; Lord Justice Clerk; Lord Anstruther; Laird of Blackbarrony; Sir George Campbell; Sir Robt Cheislie

1. The word ‘Jaj‘ scored out here.

2. NRS, PC1/50, 294.

3. NRS, PC1/50, 294.

1. The word ‘Jaj‘ scored out here.

2. NRS, PC1/50, 294.

3. NRS, PC1/50, 294.