Tag Archives: 2 July 1696

Order, 7 July 1696, Edinburgh

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Att Edinburgh the Seventh of Jullie Jaj vic nyntie Six yeirs

D1696/7/121

Order

Recomendatione Mary Stewart

Anent the petitione given in to the Lords of his majesties privie Cownsell Be Mary Stewart relict of wmqwhile Maister James Stewart Late incumbent at Long Dreghorne Shewing That the petitioner is redwced to verie great necessitie being a wedow this Seven yeirs Left with Four childrein and to keep them from Starveing She hes pairted with all She had so that she hes not left herself Decent cloaths The almightie knowes that the petitioner is greatly opprest with povertie which made her desyre the Laird of Toweslands that he would be pleased to acqwaint his majesties Advocat with her deplorable conditione because His lordship was acqwainted with her hwsband befor he went to London His Lordship thought Something had bein Done for the petitioner a moneth agoe But when the petitioner waited on Sir Thomas Moncreiff he assured her ther was nothing Done for the petitioner But for one Jennet Stewart, the petitioners husband was two and twentie yeirs at London ther was She born and maried the petitioner came to this kingdome with her husband about Eleven yeirs agoe And now She resolves with gods assistance to goe with her family to her own Countrie As soon as God is pleased to send her Some money And therfore humbly craveing ther Lordships to take the petitioners disconsolat conditione into ther Lordships christean Consideratione And vouchsafe to grant her Some Supplie to help her in her Journey for She hes five in familie that is Like to Starve And She trwsts the almightie who knowes her distress will be pleased abundantly to rewaird ther Lordships for takeing notice of the fatherles wedow and Stranger As the said petitione bears which being this day red and considered be the saids Lords of privie Counsell They heirby recomend to the Lords Commissioners of his majesties Thesaurie to consider and grant the desyre of the same as they Shall find Jwst and reasoneable

Att Edinburgh the Seventh of Jullie Jaj vic nyntie Six yeirs

D1696/7/121

Order

Recomendatione Mary Stewart

Anent the petitione given in to the Lords of his majesties privie Cownsell Be Mary Stewart relict of wmqwhile Maister James Stewart Late incumbent at Long Dreghorne Shewing That the petitioner is redwced to verie great necessitie being a wedow this Seven yeirs Left with Four childrein and to keep them from Starveing She hes pairted with all She had so that she hes not left herself Decent cloaths The almightie knowes that the petitioner is greatly opprest with povertie which made her desyre the Laird of Toweslands that he would be pleased to acqwaint his majesties Advocat with her deplorable conditione because His lordship was acqwainted with her hwsband befor he went to London His Lordship thought Something had bein Done for the petitioner a moneth agoe But when the petitioner waited on Sir Thomas Moncreiff he assured her ther was nothing Done for the petitioner But for one Jennet Stewart, the petitioners husband was two and twentie yeirs at London ther was She born and maried the petitioner came to this kingdome with her husband about Eleven yeirs agoe And now She resolves with gods assistance to goe with her family to her own Countrie As soon as God is pleased to send her Some money And therfore humbly craveing ther Lordships to take the petitioners disconsolat conditione into ther Lordships christean Consideratione And vouchsafe to grant her Some Supplie to help her in her Journey for She hes five in familie that is Like to Starve And She trwsts the almightie who knowes her distress will be pleased abundantly to rewaird ther Lordships for takeing notice of the fatherles wedow and Stranger As the said petitione bears which being this day red and considered be the saids Lords of privie Counsell They heirby recomend to the Lords Commissioners of his majesties Thesaurie to consider and grant the desyre of the same as they Shall find Jwst and reasoneable

1. NRS, PC2/26, 228v-229r.

1. NRS, PC2/26, 228v-229r.

Act, 7 July 1696, Edinburgh

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Att Edinburgh the Seventh of Jullie Jaj vic nyntie Six yeirs

D1696/7/111

Act

Act Margaret Seaton Alias Mrs Callender

Anent the petitione given in to the Lords of his majesties privy Cownsell be Margaret Seatone Spouse to Edward Callender Sone to Edward Callender merchand in Loudone Shewing that the petitioner being in anno Jaj vic and nyntie thrie maried to the said Edward Callender in the Kingdome of England And haveing efterwards come for Scottland wher they resided and cohabited togither for the Space of Eight moneths and upwards treateing one another in all conjugall Dweties as became maried persones Efter which he the said Edward her husband pretending bwssienes abroad in anno Jaj vic nyntie four went out of the kingdome wher he hes ever Since remained And by the said converse and cohabitatione the petitioner haveing fallen with child And being then obleidged of new to provide herself with goods and merchandize for her chopp She went to London for that end wher She was delivered of a girle who was ther baptized and named Elizabeth as appeares by ane testificat produced And the Supplicant haveing efter her recoverie returned for Scottland wher She expected the returne of her husband And to have upon her own credit as formerly followed her imployment as a merchand And altho the petitioner was indwced from her father in Law to expect the Same haveing his countenance and being Lodged with her in her house in Edinburgh yet Such hes bein the method wsed against her that by the influence and advice of her father in Law the said Edward her husband hes bein hitherto kept from her And albeit She hes not only given him severall invitationes home by Letters and otherwayes And alsoe gone abroad herself to Holland in anno Jaj vic nyntie five to have intreated his returne or atleast to have procured a factorie from him for manadgeing of her affairs and prosecuteing of her trade in Scottland yet all these means have proven ineffectwall And the factorie was most wnreasonablie Denyed her and her husband absolutely refwsed and Declyned to returne And now haveing returned for Scottland and attempted the receaveing and recoverie of her owtstanding Debts by perswte at Law and otherwayes for preserveing and paying her credit She is Stopt from haveing access to persew for or uplift the Samen without the said factorie By all which She is now necessitat to comence a proces of adherence befor the Commissioners of Edinburgh against her said husband as appears by the lybell prodwced And Seing that it will requyre Some tyme befor that process can come to ane conclwsione or take any effect And that in the mean while the saids debts readie to be payed may intirely perish and the debitors turne insolvent By which means her credit and trade which She hes hitherto followed with her own meanes without the Least assistance from her husband (2and which She is desyreous to preserve will be whollie dissolved and distroyed And that ther Lordships3 Can onlie provide a remedie in Swch a caise And therfor humbly craveing ther Lordships in respect of what is above represented to impower warrand and allow the petitioner to persew for and uplift her owtstanding debts in her own name And to follow her trade as formerly for the Subsistance of herself and familie and the mentainance of her4 child Notwithstanding of the said power or factorie from her husband and Soe to continue untill the event of the said process And that the same be declared to be ane Sufficient exoneratione to the saids Debitors for the reasones above represented As the said petitione bears Which petitione being upon the eightein of Jwny Last read in presence of the saids Lords of privie Counsell they appointed the said petitioner to condescend upon a Sufficient persone to be factor for uplifting the debts Due to her and paying the debts Dwe by her And the saids Lords declaired that the factor inacting himself that he will hold compt for what he Shall receave to Such as Shall be found to have best right that they would authorize him and appoint ane aliment to be payed by him to the petitioners And the said petitioner haveing condescended upon Andrews Tewchlar ane of the clerks of the Affrican company to be her factor And the saids Lords of privie Counsell haveing this Day againe considered the foirsaid petitione they heirby nominat and appoint the said Andrew Tewchlar to be factor for persewing for and uplifting any Debts Due to the petitioner and for paying any debts dwe by her And modifies the Soume of Six Hundereth merks of aliment to be payed by the said Andrew Tewchlar yeirly for her mentainance of herself child and familie And allowes and impowers the said Andreas Tewchlar to fwrnish the petitioners chop with fresh goods as occasione Shall offer to5 him from tyme to tyme And ordaines the Said Andreas Tewchlar to make payment to the said petitioner of the said aliment of Six Hundereth merks money foirsaid yeirlie Comenceing the said aliment frae the terme of whittsonday Last bypast as for the terme preceeding And so furth yeirly and termly at the termes of Mertimes and whittsonday by equall termes in tyme comeing and ordains Letters of horning upon fiftein Dayes and others needfull under the Signet of Counsell to be direct heiron in forme as effeirs And in6 respect7 the factor hes inacted8 himself that he Shall hold compt for what he Shall receave to Such as Shall be fownd to have best right

Att Edinburgh the Seventh of Jullie Jaj vic nyntie Six yeirs

D1696/7/111

Act

Act Margaret Seaton Alias Mrs Callender

Anent the petitione given in to the Lords of his majesties privy Cownsell be Margaret Seatone Spouse to Edward Callender Sone to Edward Callender merchand in Loudone Shewing that the petitioner being in anno Jaj vic and nyntie thrie maried to the said Edward Callender in the Kingdome of England And haveing efterwards come for Scottland wher they resided and cohabited togither for the Space of Eight moneths and upwards treateing one another in all conjugall Dweties as became maried persones Efter which he the said Edward her husband pretending bwssienes abroad in anno Jaj vic nyntie four went out of the kingdome wher he hes ever Since remained And by the said converse and cohabitatione the petitioner haveing fallen with child And being then obleidged of new to provide herself with goods and merchandize for her chopp She went to London for that end wher She was delivered of a girle who was ther baptized and named Elizabeth as appeares by ane testificat produced And the Supplicant haveing efter her recoverie returned for Scottland wher She expected the returne of her husband And to have upon her own credit as formerly followed her imployment as a merchand And altho the petitioner was indwced from her father in Law to expect the Same haveing his countenance and being Lodged with her in her house in Edinburgh yet Such hes bein the method wsed against her that by the influence and advice of her father in Law the said Edward her husband hes bein hitherto kept from her And albeit She hes not only given him severall invitationes home by Letters and otherwayes And alsoe gone abroad herself to Holland in anno Jaj vic nyntie five to have intreated his returne or atleast to have procured a factorie from him for manadgeing of her affairs and prosecuteing of her trade in Scottland yet all these means have proven ineffectwall And the factorie was most wnreasonablie Denyed her and her husband absolutely refwsed and Declyned to returne And now haveing returned for Scottland and attempted the receaveing and recoverie of her owtstanding Debts by perswte at Law and otherwayes for preserveing and paying her credit She is Stopt from haveing access to persew for or uplift the Samen without the said factorie By all which She is now necessitat to comence a proces of adherence befor the Commissioners of Edinburgh against her said husband as appears by the lybell prodwced And Seing that it will requyre Some tyme befor that process can come to ane conclwsione or take any effect And that in the mean while the saids debts readie to be payed may intirely perish and the debitors turne insolvent By which means her credit and trade which She hes hitherto followed with her own meanes without the Least assistance from her husband (2and which She is desyreous to preserve will be whollie dissolved and distroyed And that ther Lordships3 Can onlie provide a remedie in Swch a caise And therfor humbly craveing ther Lordships in respect of what is above represented to impower warrand and allow the petitioner to persew for and uplift her owtstanding debts in her own name And to follow her trade as formerly for the Subsistance of herself and familie and the mentainance of her4 child Notwithstanding of the said power or factorie from her husband and Soe to continue untill the event of the said process And that the same be declared to be ane Sufficient exoneratione to the saids Debitors for the reasones above represented As the said petitione bears Which petitione being upon the eightein of Jwny Last read in presence of the saids Lords of privie Counsell they appointed the said petitioner to condescend upon a Sufficient persone to be factor for uplifting the debts Due to her and paying the debts Dwe by her And the saids Lords declaired that the factor inacting himself that he will hold compt for what he Shall receave to Such as Shall be found to have best right that they would authorize him and appoint ane aliment to be payed by him to the petitioners And the said petitioner haveing condescended upon Andrews Tewchlar ane of the clerks of the Affrican company to be her factor And the saids Lords of privie Counsell haveing this Day againe considered the foirsaid petitione they heirby nominat and appoint the said Andrew Tewchlar to be factor for persewing for and uplifting any Debts Due to the petitioner and for paying any debts dwe by her And modifies the Soume of Six Hundereth merks of aliment to be payed by the said Andrew Tewchlar yeirly for her mentainance of herself child and familie And allowes and impowers the said Andreas Tewchlar to fwrnish the petitioners chop with fresh goods as occasione Shall offer to5 him from tyme to tyme And ordaines the Said Andreas Tewchlar to make payment to the said petitioner of the said aliment of Six Hundereth merks money foirsaid yeirlie Comenceing the said aliment frae the terme of whittsonday Last bypast as for the terme preceeding And so furth yeirly and termly at the termes of Mertimes and whittsonday by equall termes in tyme comeing and ordains Letters of horning upon fiftein Dayes and others needfull under the Signet of Counsell to be direct heiron in forme as effeirs And in6 respect7 the factor hes inacted8 himself that he Shall hold compt for what he Shall receave to Such as Shall be fownd to have best right

1. NRS, PC2/26, 227r-228v.

2. Closing bracket missing

3. An illegible word scored out here.

4. The word ‘husband’ scored out here.

5. Insertion.

6. The word ‘appoints’ scored out here.

7. Insertion.

8. The words ‘hes inacted’ have been written over earlier words ‘to inact’.

1. NRS, PC2/26, 227r-228v.

2. Closing bracket missing

3. An illegible word scored out here.

4. The word ‘husband’ scored out here.

5. Insertion.

6. The word ‘appoints’ scored out here.

7. Insertion.

8. The words ‘hes inacted’ have been written over earlier words ‘to inact’.

Act, 7 July 1696, Edinburgh

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Att Edinburgh the Seventh of Jullie Jaj vic nyntie Six yeirs

D1696/7/101

Act

Act Jennet Carmichael

Anent the petitione given in to the Lords of his majesties privie Counsell be Jennet Carmichael relict of the deceast Mr Archibald Dowglass minister at Salltowne Shewing That wher the petitioner as haveing right from her deceast husband to the Stipend of the paroch of Saltowne for the terme of Whittsonday and preceedings resting wnpayed Dureing which tyme her deceast husband was minister of the said paroch hath made applicatione to the heretors and others for payment of ther Severall proportiones to the petitioner and hath obtained a consent from the Laird of Saltowne patron of the church for any interest he could pretend As the Samen therwith produced will testifie And the heretors and others lyable in payment being nowayes averse to pay to the petitioner ther respective proportiones if ther Lordships awthoritie were interposed and Letters of horning direct be vertue therof at the petitioners instance against them conforme to the Decreit of Localitie of the said Stipend which ther Lordships have allwayes bein in wse to grant And therfore humbly craveing ther Lordships would in consideratione of the premisses Interpose ther awthoritie And the petitioners right to the foirsaid Stipend And ordaine Letters of horning to be direct at the petitioners instance Conforme to the decreit of Localitie against the heretors possessors tenents and tacksmen of The Land lyable in payment of the said Stipend for payment to the petitioner of the Stipend of the said paroch for the terme of whittsonday Last bypast And what is furder resting owing therof for any termes preceeding As the said petitione bears The Saids Lords of his majesties privie Counsell haveing considered the above petitione with the consent of the patron mentioned therin And prodwced therwith They heirby interpose ther awthoritie to the patrons consent abovementioned And have allowed And heirby allowes to the petitioner the Stipend of the above kirk of Saltowne for the terme of whittsonday last bypast Jaj vic nyntie Six yeirs And for all bygone rests for any termes preceeding And Decernes and ordaines the heretors liferenters wodsetters titullars tacksemen of teinds tenents possessors and others lyable in payment of the said stipend to make payment to the petitioner of the said termes Stipend of the said church of Saltowne And of all bygones rests of any termes preceeding the said terme of whittsonday Last And ordaines Letters of Horning on fiftein dayes to be direct at the petitioners instance against the heretors wodsetters liferenters and others foirsaids upon productione of a decreit of Localitie and in caise ther be non ordaines the heretors and others foirsaids lyable in payment of the said Stipend to make payment of the said termes Stipend and rests foirsaids according as they shall be decerned and Determined be the Judge ordinary

Att Edinburgh the Seventh of Jullie Jaj vic nyntie Six yeirs

D1696/7/101

Act

Act Jennet Carmichael

Anent the petitione given in to the Lords of his majesties privie Counsell be Jennet Carmichael relict of the deceast Mr Archibald Dowglass minister at Salltowne Shewing That wher the petitioner as haveing right from her deceast husband to the Stipend of the paroch of Saltowne for the terme of Whittsonday and preceedings resting wnpayed Dureing which tyme her deceast husband was minister of the said paroch hath made applicatione to the heretors and others for payment of ther Severall proportiones to the petitioner and hath obtained a consent from the Laird of Saltowne patron of the church for any interest he could pretend As the Samen therwith produced will testifie And the heretors and others lyable in payment being nowayes averse to pay to the petitioner ther respective proportiones if ther Lordships awthoritie were interposed and Letters of horning direct be vertue therof at the petitioners instance against them conforme to the Decreit of Localitie of the said Stipend which ther Lordships have allwayes bein in wse to grant And therfore humbly craveing ther Lordships would in consideratione of the premisses Interpose ther awthoritie And the petitioners right to the foirsaid Stipend And ordaine Letters of horning to be direct at the petitioners instance Conforme to the decreit of Localitie against the heretors possessors tenents and tacksmen of The Land lyable in payment of the said Stipend for payment to the petitioner of the Stipend of the said paroch for the terme of whittsonday Last bypast And what is furder resting owing therof for any termes preceeding As the said petitione bears The Saids Lords of his majesties privie Counsell haveing considered the above petitione with the consent of the patron mentioned therin And prodwced therwith They heirby interpose ther awthoritie to the patrons consent abovementioned And have allowed And heirby allowes to the petitioner the Stipend of the above kirk of Saltowne for the terme of whittsonday last bypast Jaj vic nyntie Six yeirs And for all bygone rests for any termes preceeding And Decernes and ordaines the heretors liferenters wodsetters titullars tacksemen of teinds tenents possessors and others lyable in payment of the said stipend to make payment to the petitioner of the said termes Stipend of the said church of Saltowne And of all bygones rests of any termes preceeding the said terme of whittsonday Last And ordaines Letters of Horning on fiftein dayes to be direct at the petitioners instance against the heretors wodsetters liferenters and others foirsaids upon productione of a decreit of Localitie and in caise ther be non ordaines the heretors and others foirsaids lyable in payment of the said Stipend to make payment of the said termes Stipend and rests foirsaids according as they shall be decerned and Determined be the Judge ordinary

1. NRS, PC2/26, 226r-227r.

1. NRS, PC2/26, 226r-227r.

Act, 7 July 1696, Edinburgh

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Att Edinburgh the Seventh of Jullie Jaj vic nyntie Six yeirs

D1696/7/91

Act

Act James Blaire and other Seamen

Anent the petitione given in to the Lords of his majesties privie Cownsell be The poor Seamen Lately ingadged to Serve his Majestie wnder Command of Captaine Burd Shewing That altho the poor petitioners ingadged to Serve his Majesties wnder the Comand of the said Captaine Burd for the ordinary English pay And also all the immwnities and Liberties which wncontravertablie belongs to all those who serve a board his majesties fleet Such as fredome from all qwartering of Souldiers payment of publict taxes and all other impositiones whatsomever Yet notwithstanding the baillie of Barrowstownes being the place wher they Live not only continwes to impose upon the petitioners as formerly But also threatens to Deall with them worse then ever being Sturred up therto by those whose Service they left to Serve his Majestie)2 Though a people with out any maner of trade upon the place save only houses for ther wifes and children wherin to Spend what they gaine in His Majesties Service As ane testificat under the hands of the petitioners Captaine therwith produced testifies And therfor Humbly craveing to the effect efter mentioned As the said petitione bears Which being this day red and considered be the saids Lords of privie Cownsell They Doe heirby Declaire the petitioners ther wives and families to be true of the burdens and impositiones mentioned in the said petitione

Att Edinburgh the Seventh of Jullie Jaj vic nyntie Six yeirs

D1696/7/91

Act

Act James Blaire and other Seamen

Anent the petitione given in to the Lords of his majesties privie Cownsell be The poor Seamen Lately ingadged to Serve his Majestie wnder Command of Captaine Burd Shewing That altho the poor petitioners ingadged to Serve his Majesties wnder the Comand of the said Captaine Burd for the ordinary English pay And also all the immwnities and Liberties which wncontravertablie belongs to all those who serve a board his majesties fleet Such as fredome from all qwartering of Souldiers payment of publict taxes and all other impositiones whatsomever Yet notwithstanding the baillie of Barrowstownes being the place wher they Live not only continwes to impose upon the petitioners as formerly But also threatens to Deall with them worse then ever being Sturred up therto by those whose Service they left to Serve his Majestie)2 Though a people with out any maner of trade upon the place save only houses for ther wifes and children wherin to Spend what they gaine in His Majesties Service As ane testificat under the hands of the petitioners Captaine therwith produced testifies And therfor Humbly craveing to the effect efter mentioned As the said petitione bears Which being this day red and considered be the saids Lords of privie Cownsell They Doe heirby Declaire the petitioners ther wives and families to be true of the burdens and impositiones mentioned in the said petitione

1. NRS, PC2/26, 225v-226r.

2. Closing bracket missing.

1. NRS, PC2/26, 225v-226r.

2. Closing bracket missing.

Procedure: judicial proceeding, 7 July 1696, Edinburgh

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Att Edinburgh the Seventh of Jullie Jaj vic nyntie Six yeirs

D1696/7/81

Procedure: judicial proceeding

Remitt Sir Walter Seatone

Anent the petitione given in to the Lords of his majesties privie Counsell be Sir Walter Seatone Advocat Shewing That haveing procured from his majesties upon the fift of December Jaj vic and nyntie yeirs a comissione to be Commissar clerk of Edinburgh The Same was reclaimed against by Sir Patrick Aikenhead and William Hay And the caise respresented and the petitioners ansuers to his majestie who by his royall Letter direct to the Commissioners of Thesaurie and exchecquer of the date the fiftein day of December Jaj vic nyntie one yeirs Narrateing the forsaid representatione and the petitioners Answers therto And that haveing considered the Desyre of them both in relatione to that gift and Commissione his Majestie Did not find any Jwst cause to Stopp the Same But had reasone to own the granting therof And his Royall power and right to Doe the Same And Therfore renwed the gift to the petitioner and awthorized and reqwyred the Saids Lords Commissioners of Thesaurie and exchequer to pass the gift in the petitioners favoures And give him no Delay therin According to which Sentance pronunced by his Majestie upon representatione made by the said Sir Patrick Aikenhead and the petitioner which is the forme of Submissiones to The Royall awthoritie The petitioners gift is expeded And the Commissars of Edinburgh reqwyred to enter admitt and receave the petitioner in the exercise of the said office of Commissar Clerk And yet they delay without ther Lordships interpose ther awthoritie And therfor humbly craveing the saids Lords in regaird of the petitioners renwed gift proceeding upon the representatione of both pairties and his majesties determinatione in the petitioners favours To ordaine the Commissars of Edinburgh To enter admitt and receave the petitioner to the exercise of the office of Commissar clerk of the said Commissariot And to recommend to one or more of ther own number to Sie the petitioner entered admitted and receaved As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Counsell with the answers therto for Sir Patrick Mckenhen They heirby recomend to the Lords of Counsell and Sessione to Discwss the point in debate betuixt the saids two pairties And that Summarly without necessitie of abideing the course of the roll

Att Edinburgh the Seventh of Jullie Jaj vic nyntie Six yeirs

D1696/7/81

Procedure: judicial proceeding

Remitt Sir Walter Seatone

Anent the petitione given in to the Lords of his majesties privie Counsell be Sir Walter Seatone Advocat Shewing That haveing procured from his majesties upon the fift of December Jaj vic and nyntie yeirs a comissione to be Commissar clerk of Edinburgh The Same was reclaimed against by Sir Patrick Aikenhead and William Hay And the caise respresented and the petitioners ansuers to his majestie who by his royall Letter direct to the Commissioners of Thesaurie and exchecquer of the date the fiftein day of December Jaj vic nyntie one yeirs Narrateing the forsaid representatione and the petitioners Answers therto And that haveing considered the Desyre of them both in relatione to that gift and Commissione his Majestie Did not find any Jwst cause to Stopp the Same But had reasone to own the granting therof And his Royall power and right to Doe the Same And Therfore renwed the gift to the petitioner and awthorized and reqwyred the Saids Lords Commissioners of Thesaurie and exchequer to pass the gift in the petitioners favoures And give him no Delay therin According to which Sentance pronunced by his Majestie upon representatione made by the said Sir Patrick Aikenhead and the petitioner which is the forme of Submissiones to The Royall awthoritie The petitioners gift is expeded And the Commissars of Edinburgh reqwyred to enter admitt and receave the petitioner in the exercise of the said office of Commissar Clerk And yet they delay without ther Lordships interpose ther awthoritie And therfor humbly craveing the saids Lords in regaird of the petitioners renwed gift proceeding upon the representatione of both pairties and his majesties determinatione in the petitioners favours To ordaine the Commissars of Edinburgh To enter admitt and receave the petitioner to the exercise of the office of Commissar clerk of the said Commissariot And to recommend to one or more of ther own number to Sie the petitioner entered admitted and receaved As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Counsell with the answers therto for Sir Patrick Mckenhen They heirby recomend to the Lords of Counsell and Sessione to Discwss the point in debate betuixt the saids two pairties And that Summarly without necessitie of abideing the course of the roll

1. NRS, PC2/26, 224v-225v.

1. NRS, PC2/26, 224v-225v.

Decreet, 7 July 1696, Edinburgh

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Att Edinburgh the Seventh of Jullie Jaj vic nyntie Six yeirs

D1696/7/71

Decreet

Decreit The Laird of Tillieball against Mcneill

Anent the lybell purchased and raised befor the Lords of his majesties privie Cownsell at the instance of John and James Halydayes elder and younger of Tillieboll with concourse of Sir James Stewart his Majesties advocat for his hignes interest In the mater underwritten Makeing Mentione That wherby the Lawes and acts of parliament of this realme all callwmnie and vexatione of any persone is prohibite Especiallie the raiseing of callwmnous perswites befor the Lords of our privie Counsell against persones innocent for the most attrociows crymes without any grownd or pretence on purpose to putt the persone persewed to great and needles charges and expensses and to defame them in ther names and reputatione As also the raiseing of Letters befor the Lords of privie Cownsell on pretext therof to threatten persones to cite them as wittnesses unles they redeime themselvs by money is a great abwse and oppressione And the foirsaid callwmnie and oppressione Especiallie when circumstantiat in maner abovementioned Are crymes of ane high nature and owght to be Severely pwnished Nevertheles It is of veritie that James Mcneill brewar in Crwik being a persone of a most prostitut fame for raiseing of contentione and Strife and creaveing Disqwiet and trouble to all his neighboures and for his being notourely gwiltie of Severall crymes and Delinqwencies hath had the boldnes to importwne the Lords of privie Counsell to have Letters by ther Lordships deliverance against the Saids Complainers which he hath Stuffed with most false and callwmniows accwsationes of the grossest crymes of violent ryots house breakeing robbings and Steallings beatting murdering and forgerie and oppressione and all these aggravat with the worst of circumstances without any ground or proff 2 whatsomever As the foirsaid lybell at present depending befor the saids Lords more fullie bears And it is here held brevitatis cawsa as repeated Lykeas the said James Mcneill upon the pretended warrand of the Saids Letters hath made as it were a trade to threatten persones to Sumond them as wittnesses in the said mater wholly wnknowen to them wnles they will redeim themselvs by money which is a manifest concussione and oppressione the lyke wherof he hath also practised upon other Letters and Summonds that he hath obtained upon a gratis warrand Against persones all togither innocent and wnconcerned As against James Miller and others and Shall be more fullie instructed to the privie Counsell to make owt the Said James Mcneill his callwmny oppressione and villany As also he is gwiltie of breakeing of prisone when Laufullie imprisoned by order of Law And deforceing of Messengers when apprehended by ane Legall warrand as in particular when he was apprehended at the saids Complainers ther instance he Did violently oppose and beat Thomas Small messenger imployed by the Saids Complainers in the said affaire upon […] or one or other of the dayes of febrwary Last bypast And Likewayes the said James Mcneill is holden repute and knowen by the minister and Sessione and all gentlemen of the neighbourehood to be a most contentious Litigiows and turbulent fellow raiseing contentiows debaites and divisiones amongest all the neighboures wher he duells And also by vertue of ane gratis warrand obtained from the Lords of Sessione defraudeing cheateing and concussing the people rownd about him threatening them to compear before the Lords of Session wnles they redeime themselvs by money as afoirsaid All which appears by ane testimonie under the hands of Mr William Spance minister and the elders of the paroch of Fessney And also by ane declaratione wnder the hands of Severall Noblemen and gentlemen of the neighbourehood And which Shall be made appeare fullie to the saids Lords off all which crymes callwmnies and oppressiones the said James Mcneill and others herein mentioned being gwiltie against3 ws and wthers heirinmentioned for aggravatione he ought not only to be decerned in the Complainers Damnadge But also most Severely pwnished in his persone and goods to the example and terror of others to committ the lyke in tyme comeing upon which grounds and articles the saids Complainers haveing raised a former complaint befor our saids Lords upon the Eleventh Day of Jwny instant the saids Lords by ther act of date did continue the actione untill the first thursday of Jully next As the said act produced to our saids Lords hes testified And anent the charge given to the said defender to have compeared personallie befor the saids Lords of privie Counsell at ane certaine Day now bypast to have ansuered to the grownds of the above written complaint And to have heard and Sein Such order and course taken theranent As the saids Lords Should think fitt under the paine of rebellion etc As in the principall lybell or Letters of complaint raised in the said mater and executiones therof at more length is contained Which lybell being upon the second day of Jullie instant called in presence of the Saids Lords of his majesties privie Counsell And the saids persewers Compeareing both personallie with Sir Patrick Home Mr George Alexander and Mr Mwngo Carnegie ther Advocats And the Said James Mcneill Defender Compeareing also personallie The lybell and defenses mad against the Same for the Defender being read and both pairties being heard the Counsell admitted the lybell to the persewers probatione And Severall of the wittnesses haveing made faith The Counsell appointed a Comittie to examine them which Comittie haveing accordingly mett they tooke and receaved the oathes and Depositiones of Diverse and Sundrie famows wittnesses who being all Solemnly Sworne and interrogat Deponed and declaired As ther oathes and Depositiones extant in process bears And the Saids Lords of his majesties privie Cownsell haveing this day considered the Depositiones of the wittnesses addwced in the process of Reconventione The Lairds of Tilliboll Against James Mcneill the Defender and another be the persewer with the testificat and declaratione prodwced for The Laird of Tillieboll against the said James Mcneill They find the lybell Sufficiently proven And therfor ordains the said James Mcneill to be caryed prisoner from the barr to the tollbwith of Edinburgh ther to ly Dureing the Counsells pleasure

Att Edinburgh the Seventh of Jullie Jaj vic nyntie Six yeirs

D1696/7/71

Decreet

Decreit The Laird of Tillieball against Mcneill

Anent the lybell purchased and raised befor the Lords of his majesties privie Cownsell at the instance of John and James Halydayes elder and younger of Tillieboll with concourse of Sir James Stewart his Majesties advocat for his hignes interest In the mater underwritten Makeing Mentione That wherby the Lawes and acts of parliament of this realme all callwmnie and vexatione of any persone is prohibite Especiallie the raiseing of callwmnous perswites befor the Lords of our privie Counsell against persones innocent for the most attrociows crymes without any grownd or pretence on purpose to putt the persone persewed to great and needles charges and expensses and to defame them in ther names and reputatione As also the raiseing of Letters befor the Lords of privie Cownsell on pretext therof to threatten persones to cite them as wittnesses unles they redeime themselvs by money is a great abwse and oppressione And the foirsaid callwmnie and oppressione Especiallie when circumstantiat in maner abovementioned Are crymes of ane high nature and owght to be Severely pwnished Nevertheles It is of veritie that James Mcneill brewar in Crwik being a persone of a most prostitut fame for raiseing of contentione and Strife and creaveing Disqwiet and trouble to all his neighboures and for his being notourely gwiltie of Severall crymes and Delinqwencies hath had the boldnes to importwne the Lords of privie Counsell to have Letters by ther Lordships deliverance against the Saids Complainers which he hath Stuffed with most false and callwmniows accwsationes of the grossest crymes of violent ryots house breakeing robbings and Steallings beatting murdering and forgerie and oppressione and all these aggravat with the worst of circumstances without any ground or proff 2 whatsomever As the foirsaid lybell at present depending befor the saids Lords more fullie bears And it is here held brevitatis cawsa as repeated Lykeas the said James Mcneill upon the pretended warrand of the Saids Letters hath made as it were a trade to threatten persones to Sumond them as wittnesses in the said mater wholly wnknowen to them wnles they will redeim themselvs by money which is a manifest concussione and oppressione the lyke wherof he hath also practised upon other Letters and Summonds that he hath obtained upon a gratis warrand Against persones all togither innocent and wnconcerned As against James Miller and others and Shall be more fullie instructed to the privie Counsell to make owt the Said James Mcneill his callwmny oppressione and villany As also he is gwiltie of breakeing of prisone when Laufullie imprisoned by order of Law And deforceing of Messengers when apprehended by ane Legall warrand as in particular when he was apprehended at the saids Complainers ther instance he Did violently oppose and beat Thomas Small messenger imployed by the Saids Complainers in the said affaire upon […] or one or other of the dayes of febrwary Last bypast And Likewayes the said James Mcneill is holden repute and knowen by the minister and Sessione and all gentlemen of the neighbourehood to be a most contentious Litigiows and turbulent fellow raiseing contentiows debaites and divisiones amongest all the neighboures wher he duells And also by vertue of ane gratis warrand obtained from the Lords of Sessione defraudeing cheateing and concussing the people rownd about him threatening them to compear before the Lords of Session wnles they redeime themselvs by money as afoirsaid All which appears by ane testimonie under the hands of Mr William Spance minister and the elders of the paroch of Fessney And also by ane declaratione wnder the hands of Severall Noblemen and gentlemen of the neighbourehood And which Shall be made appeare fullie to the saids Lords off all which crymes callwmnies and oppressiones the said James Mcneill and others herein mentioned being gwiltie against3 ws and wthers heirinmentioned for aggravatione he ought not only to be decerned in the Complainers Damnadge But also most Severely pwnished in his persone and goods to the example and terror of others to committ the lyke in tyme comeing upon which grounds and articles the saids Complainers haveing raised a former complaint befor our saids Lords upon the Eleventh Day of Jwny instant the saids Lords by ther act of date did continue the actione untill the first thursday of Jully next As the said act produced to our saids Lords hes testified And anent the charge given to the said defender to have compeared personallie befor the saids Lords of privie Counsell at ane certaine Day now bypast to have ansuered to the grownds of the above written complaint And to have heard and Sein Such order and course taken theranent As the saids Lords Should think fitt under the paine of rebellion etc As in the principall lybell or Letters of complaint raised in the said mater and executiones therof at more length is contained Which lybell being upon the second day of Jullie instant called in presence of the Saids Lords of his majesties privie Counsell And the saids persewers Compeareing both personallie with Sir Patrick Home Mr George Alexander and Mr Mwngo Carnegie ther Advocats And the Said James Mcneill Defender Compeareing also personallie The lybell and defenses mad against the Same for the Defender being read and both pairties being heard the Counsell admitted the lybell to the persewers probatione And Severall of the wittnesses haveing made faith The Counsell appointed a Comittie to examine them which Comittie haveing accordingly mett they tooke and receaved the oathes and Depositiones of Diverse and Sundrie famows wittnesses who being all Solemnly Sworne and interrogat Deponed and declaired As ther oathes and Depositiones extant in process bears And the Saids Lords of his majesties privie Cownsell haveing this day considered the Depositiones of the wittnesses addwced in the process of Reconventione The Lairds of Tilliboll Against James Mcneill the Defender and another be the persewer with the testificat and declaratione prodwced for The Laird of Tillieboll against the said James Mcneill They find the lybell Sufficiently proven And therfor ordains the said James Mcneill to be caryed prisoner from the barr to the tollbwith of Edinburgh ther to ly Dureing the Counsells pleasure

1. NRS, PC2/26, 222v-224v.

2. The word ‘of’ scored out here.

3. The word ‘the’ scored out here.

1. NRS, PC2/26, 222v-224v.

2. The word ‘of’ scored out here.

3. The word ‘the’ scored out here.

Procedure: petition, 7 July 1696, Edinburgh

Posted on by

Att Edinburgh the Seventh of Jullie Jaj vic nyntie Six yeirs

D1696/7/61

Procedure: petition

Petition Lindsay of Edziel

Petitione David Lindsay of Edzell read and the same Diliverance given therin

Att Edinburgh the Seventh of Jullie Jaj vic nyntie Six yeirs

D1696/7/61

Procedure: petition

Petition Lindsay of Edziel

Petitione David Lindsay of Edzell read and the same Diliverance given therin

1. NRS, PC2/26, 222v.

1. NRS, PC2/26, 222v.

Procedure: petition, 7 July 1696, Edinburgh

Posted on by

Att Edinburgh the Seventh of Jullie Jaj vic nyntie Six yeirs

D1696/7/51

Procedure: petition

Petitione Sir Patrick Frazier

Petitione Sir Peter Frazier read and recomends to the Comittie appointed anent the Highland clanns to consider the same And to report ther opinion therin to the Counsell

Att Edinburgh the Seventh of Jullie Jaj vic nyntie Six yeirs

D1696/7/51

Procedure: petition

Petitione Sir Patrick Frazier

Petitione Sir Peter Frazier read and recomends to the Comittie appointed anent the Highland clanns to consider the same And to report ther opinion therin to the Counsell

1. NRS, PC2/26, 222v.

1. NRS, PC2/26, 222v.

Sederunt, 7 July 1696, Edinburgh

Posted on by

Att Edinburgh the Seventh of Jullie Jaj vic nyntie Six yeirs1

D1696/7/42

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Southerland; Earl of Mortowne; Earl of Leven; Earl of Annandale; Lord Yester; Lord Montgomerie; Lord Carmichael; Lord Ruthven; Sir James Ogilvie; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Fountainhall; Lord Anstruther; Lord Rankeiller; Laird of Grant; Laird of Blackbarrony; Laird of Cessnock; Laird of Bowssie

Att Edinburgh the Seventh of Jullie Jaj vic nyntie Six yeirs1

D1696/7/42

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Southerland; Earl of Mortowne; Earl of Leven; Earl of Annandale; Lord Yester; Lord Montgomerie; Lord Carmichael; Lord Ruthven; Sir James Ogilvie; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Fountainhall; Lord Anstruther; Lord Rankeiller; Laird of Grant; Laird of Blackbarrony; Laird of Cessnock; Laird of Bowssie

1. NRS, PC2/26, 222r.

2. NRS, PC2/26, 222r.

1. NRS, PC2/26, 222r.

2. NRS, PC2/26, 222r.

Act, 2 July 1696, Edinburgh

Posted on by

Att Edinburgh the second Day of Jully Jaj vic nyntie six yeirs

D1696/7/31

Act

Act Stewart and other wittnesses against Auchlossin

Anent the petitione given in to the Lords of his majesties privie Counsell be David Stewart John Mackbean and James Thomsone merchant in Invernes Shewing that Robert Ross of Auchlossin haveing raised a proces before ther Lordships with concourse of his majesties advocat against Alexander Lessly of Balchrome upon the twentie Eight day of Aprile Last bypast upon what accompt they know not yet they are charged as wittnesss to compeare at his instance befor ther Lordships at Edinburgh upon the twentie fifth day of this instant As the coppies therwith produced will testifie To which charge they gave obedience by appeareing here the said day Notwithstanding wherof the said Robert Ross did neither appeare himself nor report the foirsaids Letters to the clerks of Counsell By all which the petitioners who Live at Innvernes at Sixscore mylls distant and who had ther Summer mercats to attend Are at ane great Loss besydes ther expensses in comeing and goeing And they have Just grownd to alleadge the charges were Laid on them owt of malice and prejudice And therfor Humbly craveing ther Lordships not only to discharge them of this instance But also of all furder trouble from the said Robert Ross in the mater of the said Complaint And also to modifie Lairge expensses for ther comeing and goeing And for the dammadges they have Sustained by the Loss of her mercats occasioned by so malitiows a charge As the said petitione bears Which being this day red and considered be the saids Lords of privie Counsell They heirby Decerne and ordaine Alexander Ross of Awchlossin to make payment and Satisfactione to each of the saids thrie petitioners of the Soume of Sixtein Shilling Scotts money per diem frae the twentie fifth Day of Jwny Last bypast being the Day to which they were cited to have compeared to the day and date heirof And for the Space of Six dayes efter the Day and date heirof which the Saids Lords of privie Counsell allowed for the petitioner her travelling from Innvernes to this place and returneing back again2 twentie Dayes to each of the Saids thrie persones Extending the Soumes to be payed be Awchlossine to the Saids petitioners to the Soume of Sixtein pwnds Scotts money for each of the Saids petitioners And extending altogither to the Sowme of Fowrtie eight pwnds Scotts money foirsaid And ordains Letters of horning on fiftein dayes and other executorialls needfull wnder the Signet of privie Counsell to be direct hereon in forme as effeirs

Att Edinburgh the second Day of Jully Jaj vic nyntie six yeirs

D1696/7/31

Act

Act Stewart and other wittnesses against Auchlossin

Anent the petitione given in to the Lords of his majesties privie Counsell be David Stewart John Mackbean and James Thomsone merchant in Invernes Shewing that Robert Ross of Auchlossin haveing raised a proces before ther Lordships with concourse of his majesties advocat against Alexander Lessly of Balchrome upon the twentie Eight day of Aprile Last bypast upon what accompt they know not yet they are charged as wittnesss to compeare at his instance befor ther Lordships at Edinburgh upon the twentie fifth day of this instant As the coppies therwith produced will testifie To which charge they gave obedience by appeareing here the said day Notwithstanding wherof the said Robert Ross did neither appeare himself nor report the foirsaids Letters to the clerks of Counsell By all which the petitioners who Live at Innvernes at Sixscore mylls distant and who had ther Summer mercats to attend Are at ane great Loss besydes ther expensses in comeing and goeing And they have Just grownd to alleadge the charges were Laid on them owt of malice and prejudice And therfor Humbly craveing ther Lordships not only to discharge them of this instance But also of all furder trouble from the said Robert Ross in the mater of the said Complaint And also to modifie Lairge expensses for ther comeing and goeing And for the dammadges they have Sustained by the Loss of her mercats occasioned by so malitiows a charge As the said petitione bears Which being this day red and considered be the saids Lords of privie Counsell They heirby Decerne and ordaine Alexander Ross of Awchlossin to make payment and Satisfactione to each of the saids thrie petitioners of the Soume of Sixtein Shilling Scotts money per diem frae the twentie fifth Day of Jwny Last bypast being the Day to which they were cited to have compeared to the day and date heirof And for the Space of Six dayes efter the Day and date heirof which the Saids Lords of privie Counsell allowed for the petitioner her travelling from Innvernes to this place and returneing back again2 twentie Dayes to each of the Saids thrie persones Extending the Soumes to be payed be Awchlossine to the Saids petitioners to the Soume of Sixtein pwnds Scotts money for each of the Saids petitioners And extending altogither to the Sowme of Fowrtie eight pwnds Scotts money foirsaid And ordains Letters of horning on fiftein dayes and other executorialls needfull wnder the Signet of privie Counsell to be direct hereon in forme as effeirs

1. NRS, PC2/26, 221r-222r.

2. The word ‘from’ scored out here.

1. NRS, PC2/26, 221r-222r.

2. The word ‘from’ scored out here.