Tag Archives: 2 February 1692

Act, 2 February 1692, Edinburgh

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Att Edinburgh The second day of February Jaj vjc nyntie two years

D1692/2/61

Act

Act James Winrame Against John Bayne

Anen2 a Petitione given in to the Lords of their majesties privy Councell be James Winraham shirreff Clerk of Berwickshyre shewing That quher the petitioner being the shireff Clerk of the said shirefdom be ane gift from their majesties secrettary of state for this kingdome in september Jaj vjc nyntie In Regaird John Baine late shirreff Clerk Declyned to officiat under their majesties government, The petitioner used all fair means for recovering the Records Registers and warrands belonging to the said Court and shyre for giveing extracts of Decreets and registrat papers to such of their majesties leidges within or without the shyre who frequently hade use for the same and principall papers requisit in Improbationes all which he frequently promised to deliver upon recept after he hade inventared the samen which he said he was doeing But this being done only to gaine tyme without any Resolutione to performe, and therafter to the3 great detriment of their majesties leidges Resolveing contrare to his dutie and law, To Carie the Registers and Warrants out of the shyre which diserves to be Censured by the saids Lords as ane insufferable abuse He put them in the hands of some comon Carriers to be brought to Edinburgh, Wherby the Registers are Damnified and warrants Imbazled, They are now Lying in ane open Room wher any person Concerned might have occasione to abstract warrands of Decreets or principall bonds, and the petitioner is informed that he is to carie them to Fyfe, wher they may fall in the hands of Ignorant or inconcerned persones and as useless papers might be distroyed and utterly perish to the Irrepairable Loss of their majesties leidges concerned therin And Therfor Humbly Craveing the saids Lords would ordaine the said John Baine To deliver upon Inventar and oath to the petitioner The haill Records Registers and warrands of the said Court and shireffdome of Berwick To be keeped be the petitioner as shireff Clerk for serving their majesties leidges with extracts or principalls as should be needfull and without which they would be very much prejudged and suffer Irrepairable damnadge The Clerk being the only persone to whom they could apply for extracts or principalls and who in law could only keep the records and warrants of Court as the said Petition bears The Lords of their majesties privy Councill Haveing Considered this Petition given in to them be the abovenamed James Winrame They heirby ordaine the above John Baine late shireff Clerk of Berwick To give up and Deliver up to the petitioner present shireff Clerk of the said shyre upon Inventar and oath, In presence of Patrick Lord Polwarth shirreff principall of the said shyre Whom the Lords doe heirby Commissionat to take the said oath The houll Records Registers warrands processes minutes and others belonging to the said shirref Court and shirefdome of Berwick, To be keeped be the said Petitioner as present shirreff Clerk of the said shyre and ordaines letters of horning on fiftein dayes and others needfull to be direct heiron.

Att Edinburgh The second day of February Jaj vjc nyntie two years

D1692/2/61

Act

Act James Winrame Against John Bayne

Anen2 a Petitione given in to the Lords of their majesties privy Councell be James Winraham shirreff Clerk of Berwickshyre shewing That quher the petitioner being the shireff Clerk of the said shirefdom be ane gift from their majesties secrettary of state for this kingdome in september Jaj vjc nyntie In Regaird John Baine late shirreff Clerk Declyned to officiat under their majesties government, The petitioner used all fair means for recovering the Records Registers and warrands belonging to the said Court and shyre for giveing extracts of Decreets and registrat papers to such of their majesties leidges within or without the shyre who frequently hade use for the same and principall papers requisit in Improbationes all which he frequently promised to deliver upon recept after he hade inventared the samen which he said he was doeing But this being done only to gaine tyme without any Resolutione to performe, and therafter to the3 great detriment of their majesties leidges Resolveing contrare to his dutie and law, To Carie the Registers and Warrants out of the shyre which diserves to be Censured by the saids Lords as ane insufferable abuse He put them in the hands of some comon Carriers to be brought to Edinburgh, Wherby the Registers are Damnified and warrants Imbazled, They are now Lying in ane open Room wher any person Concerned might have occasione to abstract warrands of Decreets or principall bonds, and the petitioner is informed that he is to carie them to Fyfe, wher they may fall in the hands of Ignorant or inconcerned persones and as useless papers might be distroyed and utterly perish to the Irrepairable Loss of their majesties leidges concerned therin And Therfor Humbly Craveing the saids Lords would ordaine the said John Baine To deliver upon Inventar and oath to the petitioner The haill Records Registers and warrands of the said Court and shireffdome of Berwick To be keeped be the petitioner as shireff Clerk for serving their majesties leidges with extracts or principalls as should be needfull and without which they would be very much prejudged and suffer Irrepairable damnadge The Clerk being the only persone to whom they could apply for extracts or principalls and who in law could only keep the records and warrants of Court as the said Petition bears The Lords of their majesties privy Councill Haveing Considered this Petition given in to them be the abovenamed James Winrame They heirby ordaine the above John Baine late shireff Clerk of Berwick To give up and Deliver up to the petitioner present shireff Clerk of the said shyre upon Inventar and oath, In presence of Patrick Lord Polwarth shirreff principall of the said shyre Whom the Lords doe heirby Commissionat to take the said oath The houll Records Registers warrands processes minutes and others belonging to the said shirref Court and shirefdome of Berwick, To be keeped be the said Petitioner as present shirreff Clerk of the said shyre and ordaines letters of horning on fiftein dayes and others needfull to be direct heiron.

1. NRS, PC2/24, 16v-17r.

2. Sic.

3. Insertion.

1. NRS, PC2/24, 16v-17r.

2. Sic.

3. Insertion.

Procedure, 2 February 1692, Edinburgh

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Att Edinburgh The second day of February Jaj vjc nyntie two years

D1692/2/51

Procedure

Comittie Hope Against Monteithes

The Lybell at the instance of Sir William Hope of Kerss against Monteithes of Mylnhall elder and younger and others being called and the pursuar Compeiring personally with Mr Mathew Mckell advocat his procurator And the heull defenders Compeiring also Personally (except James Crafurd Taylor in Mylnhall) with Sir David Thoirs advocat, The lybell and answers made therto for the defenders being Read The Lords allowed the witnesses cited and Compeiring for the pursuar and who made faith at the barr to be received and nominats and appoints Sir Thomas Burnet of Leyes and […] Brodie of that ilk to be Comittie for examineing the saids witnesses, and Reserves all Objectiones which shall be made against the saids witnesses to be proponed and discussed before the Committie and appoints letters of farder dilligence be Caption to be direct at the pursuers instance against such of the witnesses who ware cited and have not Compeired viz John Bathox in Falkirk John Bartleman in Mylnhall and John Gardner smith in Smallburne.

Att Edinburgh The second day of February Jaj vjc nyntie two years

D1692/2/51

Procedure

Comittie Hope Against Monteithes

The Lybell at the instance of Sir William Hope of Kerss against Monteithes of Mylnhall elder and younger and others being called and the pursuar Compeiring personally with Mr Mathew Mckell advocat his procurator And the heull defenders Compeiring also Personally (except James Crafurd Taylor in Mylnhall) with Sir David Thoirs advocat, The lybell and answers made therto for the defenders being Read The Lords allowed the witnesses cited and Compeiring for the pursuar and who made faith at the barr to be received and nominats and appoints Sir Thomas Burnet of Leyes and […] Brodie of that ilk to be Comittie for examineing the saids witnesses, and Reserves all Objectiones which shall be made against the saids witnesses to be proponed and discussed before the Committie and appoints letters of farder dilligence be Caption to be direct at the pursuers instance against such of the witnesses who ware cited and have not Compeired viz John Bathox in Falkirk John Bartleman in Mylnhall and John Gardner smith in Smallburne.

1. NRS, PC2/24, 16r.

1. NRS, PC2/24, 16r.

Procedure: remission, 2 February 1692, Edinburgh

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Att Edinburgh The second day of February Jaj vjc nyntie two years

D1692/2/41

Procedure: remission

Remitt anent Mr Daniall Robertson

The Lords of their Majesties privy Councill Haveing Considered Ane Petitione given in to them be Mr Daniall Robertsone and answers made therto be the heritors of Huttone and Mr Walter Mainzies their minister with another petitione given in be the saids heritors of Hutton and Mr Meinzies and answers made therto be the said Mr Daniall, They Remitt to the Patron to dispose upon the same Conforme and in the termes of the lawes and acts of Parliament of this kingdom.

Att Edinburgh The second day of February Jaj vjc nyntie two years

D1692/2/41

Procedure: remission

Remitt anent Mr Daniall Robertson

The Lords of their Majesties privy Councill Haveing Considered Ane Petitione given in to them be Mr Daniall Robertsone and answers made therto be the heritors of Huttone and Mr Walter Mainzies their minister with another petitione given in be the saids heritors of Hutton and Mr Meinzies and answers made therto be the said Mr Daniall, They Remitt to the Patron to dispose upon the same Conforme and in the termes of the lawes and acts of Parliament of this kingdom.

1. NRS, PC2/24, 16r.

1. NRS, PC2/24, 16r.

Order, 2 February 1692, Edinburgh

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Att Edinburgh The second day of February Jaj vjc nyntie two years

D1692/2/31

Order

Order for delivering up Livt Coll Oliphants bond

The Councill Haveing by their act of the twentie sixth of January last allowed Livetenant Coll Olyphant who was taken at Feddret and liberat upon Caution to live peacably and appear when called to be at libertie to goe to London and procure his majesties pass to goe abroad upon Caution to returne betwixt and a day or transmitt a Certificat frae the secretarie of state That he has obtained his majesties pass and the Livetanent Coll Haveing found Cautione in the termes forsaid The Councill allowes their Clerks to Deliver up to the Livt Coll the bond formerly given be him and his Cautioner when he came first from Prison.

Att Edinburgh The second day of February Jaj vjc nyntie two years

D1692/2/31

Order

Order for delivering up Livt Coll Oliphants bond

The Councill Haveing by their act of the twentie sixth of January last allowed Livetenant Coll Olyphant who was taken at Feddret and liberat upon Caution to live peacably and appear when called to be at libertie to goe to London and procure his majesties pass to goe abroad upon Caution to returne betwixt and a day or transmitt a Certificat frae the secretarie of state That he has obtained his majesties pass and the Livetanent Coll Haveing found Cautione in the termes forsaid The Councill allowes their Clerks to Deliver up to the Livt Coll the bond formerly given be him and his Cautioner when he came first from Prison.

1. NRS, PC2/24, 15v-16r.

1. NRS, PC2/24, 15v-16r.

Order, 2 February 1692, Edinburgh

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Att Edinburgh The second day of February Jaj vjc nyntie two years

D1692/2/21

Order

Order for receiveing the Lord Corstorphin Cautioner for Valentine Sprouse

The Lords allowed the Clerks of Councill to receive the Lord Corstorphine to be Cautioner for Valentine Sprouse who was Imprisoned for haveing hand In or being accessory to the surprizing of the bass and who by former order of Councill is allowed to be at libertie upon Caution to live peaceably and appear when called.

Att Edinburgh The second day of February Jaj vjc nyntie two years

D1692/2/21

Order

Order for receiveing the Lord Corstorphin Cautioner for Valentine Sprouse

The Lords allowed the Clerks of Councill to receive the Lord Corstorphine to be Cautioner for Valentine Sprouse who was Imprisoned for haveing hand In or being accessory to the surprizing of the bass and who by former order of Councill is allowed to be at libertie upon Caution to live peaceably and appear when called.

1. NRS, PC2/24, 15v.

1. NRS, PC2/24, 15v.

Sederunt, 2 February 1692, Edinburgh

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Att Edinburgh The second day of February Jaj vjc nyntie two years1

D1692/2/12

Sederunt

Lord Chancelor; Marquis of Douglas; Earl of Crafurd; Earl of Mortone; Earl of Leven; Viscount Stairs; Lord Raith; Lord Ruthven; Master of Burleigh; Lord Hatton; Lord Aberuchell; Lord Fountonhall; Laird of Grant; Laird of Stivenson; Laird of Leyes; Laird of Brodie; Sir Thomas Livingston

Att Edinburgh The second day of February Jaj vjc nyntie two years1

D1692/2/12

Sederunt

Lord Chancelor; Marquis of Douglas; Earl of Crafurd; Earl of Mortone; Earl of Leven; Viscount Stairs; Lord Raith; Lord Ruthven; Master of Burleigh; Lord Hatton; Lord Aberuchell; Lord Fountonhall; Laird of Grant; Laird of Stivenson; Laird of Leyes; Laird of Brodie; Sir Thomas Livingston

1. NRS, PC2/24, 15v.

2. NRS, PC2/24, 15v.

1. NRS, PC2/24, 15v.

2. NRS, PC2/24, 15v.

Warrant, 2 February 1692, Edinburgh

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Att Edinburgh The Second day of Februarij Jaj vjc and Nyntie Tuo years

A1692/2/131

Warrant

Warrand to Bailzie Blair to take tryall anent a horse found when the Earle of Argylles quarter master wes robbed

The Lords of there Majesties privie Counsell being Informed that there is a dark bay horse found betuixt Linlythgow and Falkirk with a sadle and Hulsters upon him at the same place where and alitle after the tyme when the Quarter Maister of the Earle of Argylls regement wes robbed of Four Hundreth pound Sterling And that there being Just ground to believe that the said horse belonged to one of the Robbers They haveing Ridden away uith the quarter maisters horse Therefor and for the better discovering of the saids Robberts The saids Lords authorize and Require Hugh Blair one of the present bailzies of Edinburgh To Call befor them and Examine the wholl stablers horse hirers horse Coupers and there servants within Edinburgh, the Canongate Leith, Potterraw Westport, and Pleasants what they know of the said horse And if they know In whose possession the same wes before the above robberie

At Edinburgh 2 February 1692

A1692/2/131

Warrant

Warrant to Bailie Blair to take trial concerning a horse found when the earl of Argyll’s quartermaster was robbed

The lords of their majesties’ privy council being informed that there is a dark bay horse found between Linlithgow and Falkirk with a saddle and holsters upon him at the same place where, and a little after the time when, the quartermaster of the earl of Argyll’s regiment was robbed of four hundred pounds Sterling, and that there being just ground to believe that the said horse belonged to one of the robbers, they having ridden away with the quartermaster’s horse. Therefore and for the better discovering of the said robbers, the said lords authorise and require Hugh Blair, one of the present bailies of Edinburgh, to call before them and examine the whole stablers, horse-hirers, horse-coupers, and their servants within Edinburgh, the Canongate, Leith, Potterraw, Westport, and Pleasants, what they know of the said horse and if they know in whose possession the same was before the above robbery.

1. PC1/48, 8.

1. PC1/48, 8.

Order, 2 February 1692, Edinburgh

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Att Edinburgh The Second day of Februarij Jaj vjc and Nyntie Tuo years

A1692/2/121

Order

Order for Transporting of John Williamson from Dundie to Kirkaldie

The Lords of there Majestyes privie Councell being Informed that John Williamson in the Linktoun of Kirkaldie who wes prisoner in the tolbooth of the said burgh and alleadged haveing taken on as a souldier to Goe to Flanders And as to whom There Lordships by there act of the tuentie Eight of Januarij Last did remitt to the Magistrats of Kirkaldie to Examine that matter and report to the Counsell, Is now since the Interloquter transported to the prison of Dundie Therefore The saids Lords doe hereby Recommend to the Earle of Leven And in his absence They requyre the Commoddant at Dundie for the tyme to transport the said John under a sufficient guard to the toun of Kirkaldie and delyver him to the Magistrats threof To be Committed to there tolbooth And appoints the saids magistrats to examine the matter and doe therein as by the above interloquitor is appointed

At Edinburgh 2 February 1692

A1692/2/121

Order

Order for Transporting of John Williamson from Dundee to Kirkcaldy

The lords of their majesties’ privy council being informed that John Williamson in the Linktown of Kirkcaldy, who was prisoner in the tolbooth of the said burgh and alleged having taken on as a soldier to go to Flanders, and as to whom their lordships by their act of the twenty-eighth of January last did remit to the magistrates of Kirkcaldy to examine that matter and report to the council, is now since the interlocutor transported to the prison of Dundee, therefore the said lords do hereby recommend to the earl of Leven and in his absence they require the commandant at Dundee for the time to transport the said John under a sufficient guard to the town of Kirkcaldy and deliver him to the magistrates thereof to be committed to their tolbooth, and appoint the said magistrates to examine the matter and do therein as by the above interlocutor is appointed.

1. PC1/48, 8.

1. PC1/48, 8.

Order, 2 February 1692, Edinburgh

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Att Edinburgh The Second day of Februarij Jaj vjc and Nyntie Tuo years

A1692/2/111

Order

Order for processing David Hay and […] Thomsone

The Lords of there Majesties privie Counsell hereby Give order and warrand to there majesties sollicitor and his assistants Judicially to raise and prosecute ane Criminall Indytement against David Hay maltman in Lanrig and […] Thomson ane Imperick befor the Lords Justice Generall, Justice Clerk and Commissioners of there Majesties Justiciarie for the Crymes of poisone Comitted be them upon Helen Lanrick spouse of the said David Hay And of sending for Arsnick without Leave And that upon the publict expenses And Recomend to the Lords Commissioners of there majesties Theasurie to Cause advance money for Carryeing on the said process

Att Edinburgh 2 February 1692

A1692/2/111

Order

Order for processing David Hay and […] Thomson

The lords of there majesties’ privy council hereby give order and warrant to their majesties’ solicitor and his assistants judicially to raise and prosecute a criminal indictment against David Hay, maltman in Langrig and […] Thomson, an apothecary, before the lords justice general, justice clerk and commissioners of their majesties justiciary for the crimes of poisoning committed by them upon Helen Lanrick, spouse of the said David Hay, and of sending for arsenic without leave, and that upon the public expenses, and recommend to the lords commissioners of their majesties treasury to cause advance money for carrying on the said process.

1. PC1/48, 7-8.

1. PC1/48, 7-8.

Act, 2 February 1692, Edinburgh

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Att Edinburgh The Second day of Februarij Jaj vjc and Nyntie Tuo years

A1692/2/101

Act

Protection for Thomas Wilson

Anent the petition Given in to the Lords of there Majesties privie Counsell be Mr Thomas Wilson Shewing That where the petitioners haveing ane process Againest Mr John Lyon shirreff Clerk of Forfar befor there Lordships for severall acts of oppression which moved the said Mr John to hound out some of the petitioners Creditors to raise horning and Caption againest him Thereby to divert the persuit againest him And the petitioner haveing obtained a protection till the tuentie fyfth instant now elapsed yet the Report of the Comittee ordained by your Lordships to Examine the effair not being given nor the witnesses depositiones Considered And therefor Craveing to the effect underwreitten As the said petition bears The saids Lords of there Majesties privie Counsell haveing Considered this petition Given in to them be the above Mr Thomas Wilson They hereby discharge all messengers at armes officers within burgh or others To put to execution any Letters of Caption or acts of warding againest the petitioner untill the sixteint day of Februarij instant Inclusive Excepting alwayes ther Majestyes debts or publict dues Sic Subscributur Tweeddale cancel: Douglas2 Crafurd Mortoun Polwarth C:Campbell T:Burnet J:Brodie T:Livingston

At Edinburgh 2 February 1692

A1692/2/101

Act

Protection for Thomas Wilson

Concerning the petition given in to the lords of their majesties’ privy council by Mr Thomas Wilson, showing that where the petitioner having a process against Mr John Lyon, sheriff clerk of Forfar before their lordships for several acts of oppression which moved the said Mr John to hound out some of the petitioner’s creditors to raise horning and caption against him, thereby to divert the pursuit against him, and the petitioner having obtained a protection till the twenty-fifth instant now elapsed, yet the report of the committee ordained by your lordships to examine the affair not being given, nor the witnesses’ depositions considered, 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 Mr Thomas Wilson, they hereby discharge all messengers at arms, officers within burgh, or others to put to execution any letters of caption or acts of warding against the petitioner until the sixteenth day of February instant inclusive, excepting always their majesties’ debts or public dues. Sic Subscributur [John Hay, earl of] Tweeddale chancellor, [James Douglas, marquis of] Douglas, [William Lindsay, earl of] Crawford, [James Douglas, earl of] Morton, [Sir Patrick Hume, Lord] Polwarth, C[olin]Campbell, T[homas] Burnet, J[ames] Brodie, T[homas] Livingston.

1. PC1/48, 7.

2. The word ‘Mortoun’ is scored out here.

1. PC1/48, 7.