Tag Archives: 20 December 1694

Warrant, 20 December 1694, Edinburgh

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Warrant

Warrand for the Clerks to receive The Lady Hallmayns and others Cautioners for each other in a suspension of Laborrowes

Anent a Petition given in to the Lords of their Majesties privy Council Hellen Callender relict of the deceast John Carruthers of Halinayes John callander indwaller in Edinburgh Thomas Moffat in Daltoune John Kerr miller ther William Bell in Nithome David Kerr in Kirkwood Shewing That quher the petitioners being Charged be vertue of Laborrowes at the instance of George Carruthers of Holinayes and diverse others his freinds Off which charge the petitioners have presented a bill of suspensione to the saids Lords, and have therwith offered a bond of Cautionrie 2 wher in each of them are bound as Cautioners for others which is refused be the Clerks unles other suficient Caution be found as to which It is humbly represented to the saids Lords that this Laborrowes being ane act of pure malice especially against the said Hellen Callander whose ruine the Charges intend by all the means ther Malice can suggest haveing allready since her husbands decease september Last by force and violence stript her naked of all kynd of accomodatione and reduced her and her familly to such straits that they3 now wholly Live upon the Charity of her freends And Because the other petitioners in Simpathie with her (being ane Stranger among them) Contribute ther Small indeavors to keep her in these her extreamisie They have also include them and many others in this Laborrowes whom they have not yet Charged of purpose to Scarr and fright them from giveing her the least Aid or Subsistance all is done of purpose to make her Lyve uneasie and therby upon any termes they please to oblidge her to renunce any lyfrent provisions her husband was pleased to give her for the Mantinance of her and her Cheldrein which they intend to deprive her off, per fas aut ne fas and alse seing by reasone of the power and influence of the Chargers in the place the petitioners are able to find no letter Cautione And Therfore Humbly Craveing the saids Lords would be pleased to Consider the premisses and in respect that this is done rather out of malice then any prejudice the Chargers doe apprehend from the suspenders being all ther oun tennents except the said Hellen Callander and her father And that the petitioners are able to find no better Cautione Therfore ther Lordships would be pleased to ordaine the suspension to be exped upon the Cautione offered, as the petition bears The Lords of ther majesties privy Councill haveing Considered this petition given in to them be the above Hellen Callander John Callander Thomas Moffat John Ker William Bell and David Kerr They hereby Ordaine the Clerks of Councill to receive the petitioners as Cautioners each for others in the above suspension of Laborowes.

Edinburgh the Twentie day of December Jaj vjc nyntie four years

D1694/12/261

Warrant

Warrand for the Clerks to receive The Lady Hallmayns and others Cautioners for each other in a suspension of Laborrowes

Anent a Petition given in to the Lords of their Majesties privy Council Hellen Callender relict of the deceast John Carruthers of Halinayes John callander indwaller in Edinburgh Thomas Moffat in Daltoune John Kerr miller ther William Bell in Nithome David Kerr in Kirkwood Shewing That quher the petitioners being Charged be vertue of Laborrowes at the instance of George Carruthers of Holinayes and diverse others his freinds Off which charge the petitioners have presented a bill of suspensione to the saids Lords, and have therwith offered a bond of Cautionrie 2 wher in each of them are bound as Cautioners for others which is refused be the Clerks unles other suficient Caution be found as to which It is humbly represented to the saids Lords that this Laborrowes being ane act of pure malice especially against the said Hellen Callander whose ruine the Charges intend by all the means ther Malice can suggest haveing allready since her husbands decease september Last by force and violence stript her naked of all kynd of accomodatione and reduced her and her familly to such straits that they3 now wholly Live upon the Charity of her freends And Because the other petitioners in Simpathie with her (being ane Stranger among them) Contribute ther Small indeavors to keep her in these her extreamisie They have also include them and many others in this Laborrowes whom they have not yet Charged of purpose to Scarr and fright them from giveing her the least Aid or Subsistance all is done of purpose to make her Lyve uneasie and therby upon any termes they please to oblidge her to renunce any lyfrent provisions her husband was pleased to give her for the Mantinance of her and her Cheldrein which they intend to deprive her off, per fas aut ne fas and alse seing by reasone of the power and influence of the Chargers in the place the petitioners are able to find no letter Cautione And Therfore Humbly Craveing the saids Lords would be pleased to Consider the premisses and in respect that this is done rather out of malice then any prejudice the Chargers doe apprehend from the suspenders being all ther oun tennents except the said Hellen Callander and her father And that the petitioners are able to find no better Cautione Therfore ther Lordships would be pleased to ordaine the suspension to be exped upon the Cautione offered, as the petition bears The Lords of ther majesties privy Councill haveing Considered this petition given in to them be the above Hellen Callander John Callander Thomas Moffat John Ker William Bell and David Kerr They hereby Ordaine the Clerks of Councill to receive the petitioners as Cautioners each for others in the above suspension of Laborowes.

1. NRS, PC2/25, 119r-119v.

2. The word ‘quherof’ scored out here.

3. Insertion.

1. NRS, PC2/25, 119r-119v.

2. The word ‘quherof’ scored out here.

3. Insertion.

Act, 20 December 1694, Edinburgh

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D1694/12/251

Act

Act Agnes Davidsone spouse to Mr James Shaw.

Anent a petition given in to the Lords of ther majesties privy Councill be Agnes Davidson spouse to Mr James Shaw late minister Anwitch in the stewartry of Galloway Shewing That quher the petitioners husband having served the cure at the forsaid Church for the space of Twentie years and upwards and now the forsaid Church being vaccand (by the death of Mr Micheall Bruce late minister ther) for the years Jaj vjc nyntie thrie and nyntie four And seing that the patron of the said Church Sir Godfray McCulloch of Myretoune Is fugative and out of the kingdome these thrie years and upwards The stipend of the said Church these two years is not applyed for any pious use as yet It is therfore Craved that the saids Lords would take 2 to3 Consideration the afflicted case of the petitioner she being left with four small Childrein and haveing nothing to mantaine her self and poor Childrein but what is bestowed to her in Charity by good Christians And Therfore Humbly Craveing the saids Lords would allow the petitioner the forsaid two years vaccand stipends as the saids Lords have allowed to others formerly her husband being in the same Circumstances and allready having given obedience to Law as the petitione bears The Lords of ther majesties privy Councill having Considered this petition given in to them be the above Agnes Davidsone spouse to the above Mr James Shaw They hereby allow the petitioner the stipend of the above kirk of Anwitch for this present Cropt and year of God Jaj vjc nyntie four and Ordaines her to be readily answered obeyed payed therof be the heritors fewers wodsetters Lyfrentars fermorers titullars tacksmen of teynds tennets possessors and others Lyable in payment of the stipend of the said kirk And Ordaines letters of horning under the signet of Councill to be direct at her instance against them for said haill years stipend upon production of a decreet of Locallitie and in case ther be no Decret of Locallity Ordaines these Lyable to make4 payment to the petitioner of the said years stipend according as they shall be Decerned be the Judge ordinary.

Edinburgh the Twentie day of December Jaj vjc nyntie four years

D1694/12/251

Act

Act Agnes Davidsone spouse to Mr James Shaw.

Anent a petition given in to the Lords of ther majesties privy Councill be Agnes Davidson spouse to Mr James Shaw late minister Anwitch in the stewartry of Galloway Shewing That quher the petitioners husband having served the cure at the forsaid Church for the space of Twentie years and upwards and now the forsaid Church being vaccand (by the death of Mr Micheall Bruce late minister ther) for the years Jaj vjc nyntie thrie and nyntie four And seing that the patron of the said Church Sir Godfray McCulloch of Myretoune Is fugative and out of the kingdome these thrie years and upwards The stipend of the said Church these two years is not applyed for any pious use as yet It is therfore Craved that the saids Lords would take 2 to3 Consideration the afflicted case of the petitioner she being left with four small Childrein and haveing nothing to mantaine her self and poor Childrein but what is bestowed to her in Charity by good Christians And Therfore Humbly Craveing the saids Lords would allow the petitioner the forsaid two years vaccand stipends as the saids Lords have allowed to others formerly her husband being in the same Circumstances and allready having given obedience to Law as the petitione bears The Lords of ther majesties privy Councill having Considered this petition given in to them be the above Agnes Davidsone spouse to the above Mr James Shaw They hereby allow the petitioner the stipend of the above kirk of Anwitch for this present Cropt and year of God Jaj vjc nyntie four and Ordaines her to be readily answered obeyed payed therof be the heritors fewers wodsetters Lyfrentars fermorers titullars tacksmen of teynds tennets possessors and others Lyable in payment of the stipend of the said kirk And Ordaines letters of horning under the signet of Councill to be direct at her instance against them for said haill years stipend upon production of a decreet of Locallitie and in case ther be no Decret of Locallity Ordaines these Lyable to make4 payment to the petitioner of the said years stipend according as they shall be Decerned be the Judge ordinary.

1. NRS, PC2/25, 118v-119r.

2. The word ‘the’ scored out here.

3. Insertion.

4. Insertion.

1. NRS, PC2/25, 118v-119r.

2. The word ‘the’ scored out here.

3. Insertion.

4. Insertion.

Act, 20 December 1694, Edinburgh

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D1694/12/241

Act

Act Androw Wood of Balbegno

Anent a Petition given in to the Lords of ther Majesties privy Councill be Andrew Wood younger of Balbegno Shewing That quheras the petitioner being Conveened before the saids Lords at the instance of George Mackenzie in Stonhave[n] and severall of the tennents of Halgreen for ane alledged Ryot against them and in obedience to the Citatione he hade attended these four or five Councill dayes In order to have vindicat himself but the pursuers knowing they Could not prove nothing have deserted And seing the petitioner have been at vast expenses attending their dyet and in comeing above sixtie mylles and that this proces is raised out of meer malice against the petitioner in order to put him to needless expenses and trouble (which his present Circumstances is nowayes able to bear) And seing the Citation is peremptor and ought to be attended So, and yet non of them appearing these five Councill dayes by past to have proven their Lybell Conforme to Law, as also they have Maliciously and invertively raised letters of Laborrowes before the saids Lords against the petitioner on purpose utterly to ruine him for all quhich they have nothing to Law to his Charge bot that he endeavored to rescue the Laird of Halgreen from being barbarously murdered by those his oun tennants who conveened themselves numerously against him for that effect, By the instigatione of one Baillie Coutts in Montross who mostly Concernes himself in that Laborrowes without the least ground the petitioner being Conscious of his Innocencie and that ther cannot be the least probation of any thing Lybelled against him And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned The Lords of ther majesties privy Councill having Considered this petition given in to them be the above Androw Wood younger of Balbegno They hereby allow the above George Mckenzie and others persewers in the above process to see and answer the same and in the meantime Grants letters of Farder dilligence by Captions at the instance of the saids pursuers against the witnesses cited before the Councill upon the thrid Tuseday of Jannuary nixt And in the mean time allowed the petitioner to goe home till that day.

Edinburgh the Twentie day of December Jaj vjc nyntie four years

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Act

Act Androw Wood of Balbegno

Anent a Petition given in to the Lords of ther Majesties privy Councill be Andrew Wood younger of Balbegno Shewing That quheras the petitioner being Conveened before the saids Lords at the instance of George Mackenzie in Stonhave[n] and severall of the tennents of Halgreen for ane alledged Ryot against them and in obedience to the Citatione he hade attended these four or five Councill dayes In order to have vindicat himself but the pursuers knowing they Could not prove nothing have deserted And seing the petitioner have been at vast expenses attending their dyet and in comeing above sixtie mylles and that this proces is raised out of meer malice against the petitioner in order to put him to needless expenses and trouble (which his present Circumstances is nowayes able to bear) And seing the Citation is peremptor and ought to be attended So, and yet non of them appearing these five Councill dayes by past to have proven their Lybell Conforme to Law, as also they have Maliciously and invertively raised letters of Laborrowes before the saids Lords against the petitioner on purpose utterly to ruine him for all quhich they have nothing to Law to his Charge bot that he endeavored to rescue the Laird of Halgreen from being barbarously murdered by those his oun tennants who conveened themselves numerously against him for that effect, By the instigatione of one Baillie Coutts in Montross who mostly Concernes himself in that Laborrowes without the least ground the petitioner being Conscious of his Innocencie and that ther cannot be the least probation of any thing Lybelled against him And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned The Lords of ther majesties privy Councill having Considered this petition given in to them be the above Androw Wood younger of Balbegno They hereby allow the above George Mckenzie and others persewers in the above process to see and answer the same and in the meantime Grants letters of Farder dilligence by Captions at the instance of the saids pursuers against the witnesses cited before the Councill upon the thrid Tuseday of Jannuary nixt And in the mean time allowed the petitioner to goe home till that day.

1. NRS, PC2/25, 118r-118v.

1. NRS, PC2/25, 118r-118v.

Procedure, 20 December 1694, Edinburgh

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D1694/12/231

Procedure

Quorum for reviseing of accompts.

The Lords of their Majesties privy Councill doe herby Declair any two of their number to be a suficient Committie for revising the accompts resting be ther Majesties forces to the Countrey, And Recomends to them to meett each wednesday and frayday at ten acloack in the forenoon.

Edinburgh the Twentie day of December Jaj vjc nyntie four years

D1694/12/231

Procedure

Quorum for reviseing of accompts.

The Lords of their Majesties privy Councill doe herby Declair any two of their number to be a suficient Committie for revising the accompts resting be ther Majesties forces to the Countrey, And Recomends to them to meett each wednesday and frayday at ten acloack in the forenoon.

1. NRS, PC2/25, 117v.

1. NRS, PC2/25, 117v.

Act, 20 December 1694, Edinburgh

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D1694/12/221

Act

Act The Presbytrie of Haddingtoune

Anent a petition given in to the Lords of their majesties privy Councill be Mr Mongo Watsone moderator of the presbytrie of Hadingtoune and Mr William Russell minister at Morhame in name of the said presbytrie Shewing That quher the Church of Tranent within the said presbytrie having been vaccant of a long time The petitioners and remanent ministers of the said presbytrie having severall times be vertue of the saids Lords act dated the twelth day of Jully Jaj vjc nyntie years therwith produced Requyred that the keyes of the said Church might be delyvered to him to the effect the minister sent by them to supply the vaccancie might gett ready access to the Church and particularly upon the twelth day of October Jaj vjc nyntie thrie years Desyred the Beddell who Confessed his haveing of the keyes to Obtempor the said act which he refused upon pretence he was not therto warranted by these heritors who intrusted the keyes to him as ane instrument therwith produced bears, And seing it is a great Contempt of the saids Lords authoritie and a certaine evidence of disaffectione to the government alse weell as a discouragment to the minister sent by the presbytrie and their hearers That by the obstinacie of the heritors and others they are forced to preach in the Church yeard Especially in the winter season though frequently at the same time and upon the same Sabath the Church doors are made patent to other Ministers who have no title nor allowance of the presbytrie to preach ther nor have qualified themselves according to Law which may Likewayes occasione great annimosities and disturbance of the publict peace And Therfore Humbly Craveing the saids Lords would take the premisses to their serious Consideratione and to Give warrand and Order to the shiref of Haddingtoune or his depute to make the said Church doors patent and take off the old Locks and put on new ones and delyver the keyes therof to the presbytrie and to see that peace and good order be observed as the petition bears The Lords of their majesties privy Councill having Considered this petition given in to them be the above Mr Mongo Watsone and Mr William Russell with another petition be the above Sir John Ramsay They hereby give order and warrant to the shirreff principall of the shyre of Hadingtoune or his depute to make the said Church doors patent and take of the old Locks and put on new ones and delyver the keyes therof to the presbytrie and to see that peace and good order be observed.

Edinburgh the Twentie day of December Jaj vjc nyntie four years

D1694/12/221

Act

Act The Presbytrie of Haddingtoune

Anent a petition given in to the Lords of their majesties privy Councill be Mr Mongo Watsone moderator of the presbytrie of Hadingtoune and Mr William Russell minister at Morhame in name of the said presbytrie Shewing That quher the Church of Tranent within the said presbytrie having been vaccant of a long time The petitioners and remanent ministers of the said presbytrie having severall times be vertue of the saids Lords act dated the twelth day of Jully Jaj vjc nyntie years therwith produced Requyred that the keyes of the said Church might be delyvered to him to the effect the minister sent by them to supply the vaccancie might gett ready access to the Church and particularly upon the twelth day of October Jaj vjc nyntie thrie years Desyred the Beddell who Confessed his haveing of the keyes to Obtempor the said act which he refused upon pretence he was not therto warranted by these heritors who intrusted the keyes to him as ane instrument therwith produced bears, And seing it is a great Contempt of the saids Lords authoritie and a certaine evidence of disaffectione to the government alse weell as a discouragment to the minister sent by the presbytrie and their hearers That by the obstinacie of the heritors and others they are forced to preach in the Church yeard Especially in the winter season though frequently at the same time and upon the same Sabath the Church doors are made patent to other Ministers who have no title nor allowance of the presbytrie to preach ther nor have qualified themselves according to Law which may Likewayes occasione great annimosities and disturbance of the publict peace And Therfore Humbly Craveing the saids Lords would take the premisses to their serious Consideratione and to Give warrand and Order to the shiref of Haddingtoune or his depute to make the said Church doors patent and take off the old Locks and put on new ones and delyver the keyes therof to the presbytrie and to see that peace and good order be observed as the petition bears The Lords of their majesties privy Councill having Considered this petition given in to them be the above Mr Mongo Watsone and Mr William Russell with another petition be the above Sir John Ramsay They hereby give order and warrant to the shirreff principall of the shyre of Hadingtoune or his depute to make the said Church doors patent and take of the old Locks and put on new ones and delyver the keyes therof to the presbytrie and to see that peace and good order be observed.

1. NRS, PC2/25, 117r-117v.

1. NRS, PC2/25, 117r-117v.

Act, 20 December 1694, Edinburgh

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D1694/12/211

Act

Act Robert Wilsone merchant in Ranfrew

Anent a Petition given in to the Lords of their Majesties privy Councill be Robert Wilson merchant in Ranfrew Shewing That quher the petitioner and Hew Crafurd sone to Thomas Crafurd of Crafurdsburn having bought twentie nyne tuns of wyne equally betwixt the petitioners with a ship Called the Argyle of Glasgow for payment of a part quherof he drew bills upon his Corrospondents who were dead before they came to this kingdome and so were protested ther being no persone to answer them afterwards having safely arrived at Montross wher the petitioner was offered fiftie four punds sterling for each Tun of the wyne, But it being scarce in the kingdome the petitioner expected a greater pryce and upon that Consideration he sent ane express to the said Crawfurdsburne acquanting him with the petitioners arrivall and what was offered for the wyne, But he Contrare to his expectation being the petitioners near relatione to Circumveen and Cheat the petitioner desyred me not to sell it at such a rate but to move to Cockkenie or Prestonpans quher he would befreend me and gett a greater pryce for the petitioners wyne, And that with some Collour of Justice he might Cheat the petitioner he answered the petitioners bills and came to Cockkeny quher he taking advantage of the petitioners Circumstances haveing no freinds in the place and wanting money entered the petitioners goods and payed the Customes and without any Law on his side seased on the keyes of the kings workhouse and keeped the wynes so that the petitioner Lost his marcat for severall merchants in Edinburgh at the time offered fiftie punds sterling for each Tune of the said wyne, afterwards Crafurdsburne thinking he might incurr prejudice by this unlawfull procedure desyred the petitioner to make a right to Peetter Blair his agent which the petitioner did accordingly the petitioners Circumstances forceing the petitioner and he promissing all should be to the petitioners advantage Peetter Blair giveing the petitioner ane backbond to be comptable upon which ryt the said Crafurdsburne and Peetter Blair rouped the petitioners wyne at thretie one punds sterling per tun so that the petitioner lost 14 lbs money forsaid of each Tun and to Compleat his villany he sent away the ship as his oun without recuping it at all nor Compting to the petitioner upon the termes of his backbond Wherupon the petitioner protested for Coast skaith and damnadge And Therfore Humbly Craveing the saids Lords would be pleased to take the petitioners case into ther Consideratione who is rendared misserable by the said Crafurdsburnes violent and Illegall Intromission with the petitioners wyne and ship as said is and to ordaine him to make Just Compt and reckoning according to the backbond and to punish him for his Cheatry to the terror of others to Comitt the like As the petition bears The Lords of their majesties privy Councill having Considered this petition given in to them be the above Robert Wilsone and answers therto be Thomas Crafurd of Carsburne and both parties being Called and haveing Compeired They Comanded the petitioner to be Caried to the Tolbooth of Edinburgh ther to remaine prisoner till furder order of Councill In Respect of his indiscreet and Impertinent expressiones in the bill and Leaves him to pursue Carseburne according to the ordinary Course of Law.

Edinburgh the Twentie day of December Jaj vjc nyntie four years

D1694/12/211

Act

Act Robert Wilsone merchant in Ranfrew

Anent a Petition given in to the Lords of their Majesties privy Councill be Robert Wilson merchant in Ranfrew Shewing That quher the petitioner and Hew Crafurd sone to Thomas Crafurd of Crafurdsburn having bought twentie nyne tuns of wyne equally betwixt the petitioners with a ship Called the Argyle of Glasgow for payment of a part quherof he drew bills upon his Corrospondents who were dead before they came to this kingdome and so were protested ther being no persone to answer them afterwards having safely arrived at Montross wher the petitioner was offered fiftie four punds sterling for each Tun of the wyne, But it being scarce in the kingdome the petitioner expected a greater pryce and upon that Consideration he sent ane express to the said Crawfurdsburne acquanting him with the petitioners arrivall and what was offered for the wyne, But he Contrare to his expectation being the petitioners near relatione to Circumveen and Cheat the petitioner desyred me not to sell it at such a rate but to move to Cockkenie or Prestonpans quher he would befreend me and gett a greater pryce for the petitioners wyne, And that with some Collour of Justice he might Cheat the petitioner he answered the petitioners bills and came to Cockkeny quher he taking advantage of the petitioners Circumstances haveing no freinds in the place and wanting money entered the petitioners goods and payed the Customes and without any Law on his side seased on the keyes of the kings workhouse and keeped the wynes so that the petitioner Lost his marcat for severall merchants in Edinburgh at the time offered fiftie punds sterling for each Tune of the said wyne, afterwards Crafurdsburne thinking he might incurr prejudice by this unlawfull procedure desyred the petitioner to make a right to Peetter Blair his agent which the petitioner did accordingly the petitioners Circumstances forceing the petitioner and he promissing all should be to the petitioners advantage Peetter Blair giveing the petitioner ane backbond to be comptable upon which ryt the said Crafurdsburne and Peetter Blair rouped the petitioners wyne at thretie one punds sterling per tun so that the petitioner lost 14 lbs money forsaid of each Tun and to Compleat his villany he sent away the ship as his oun without recuping it at all nor Compting to the petitioner upon the termes of his backbond Wherupon the petitioner protested for Coast skaith and damnadge And Therfore Humbly Craveing the saids Lords would be pleased to take the petitioners case into ther Consideratione who is rendared misserable by the said Crafurdsburnes violent and Illegall Intromission with the petitioners wyne and ship as said is and to ordaine him to make Just Compt and reckoning according to the backbond and to punish him for his Cheatry to the terror of others to Comitt the like As the petition bears The Lords of their majesties privy Councill having Considered this petition given in to them be the above Robert Wilsone and answers therto be Thomas Crafurd of Carsburne and both parties being Called and haveing Compeired They Comanded the petitioner to be Caried to the Tolbooth of Edinburgh ther to remaine prisoner till furder order of Councill In Respect of his indiscreet and Impertinent expressiones in the bill and Leaves him to pursue Carseburne according to the ordinary Course of Law.

1. NRS, PC2/25, 116r-117r.

1. NRS, PC2/25, 116r-117r.

Act, 20 December 1694, Edinburgh

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D1694/12/201

Act

Act The Earl of Brodalbine

Anent a Petition given in to the Lords of their majesties privy Councill be John Earle of Brodalbine Shewing That quher about thretein or fourtein years agoe the petitioner bought from the deceast Sir James Campbell of Lawers the greatest part of his estate to the value of ane hundred thousand puns But tho the petitioner has payed the wholl punds yet by reasone of the perplexity of Sir James affairs he was necessitate to take from him and others who had apprysed the same such ane imperfect right and Conveyance as he was able to give for the time and have ever since waited untill Sir James should have in his oun time Cleared his bussines and Compleated the petitioners right but he being now deceased and no appearance of any to represent him, The petitioner is farder informed that some persones pretending to be freinds to the appearand air doe Resolve to take advantage of the Confussione wherin Lawers left his estate which they are the rather Imboldned to doe because they hope to have access to his Chartor Chist wher they may suppress and abstract wrytes at their pleasure, and seing that the petitioners Case doeth plainely merit the saids Lords Consideration and assistance and that it is ordinary for the saids Lords when persones dye without airs and that practises are 2 apprehended upon ther Chartor Chists and wrytes to the prejudice of Lawfull purchasers and Creditors to give sumar warrand to secure the said Chartor Chists and wrytes in whosoever hand they may be found untill that they be duely inspected at the sight of all parties having intrest before such as the saids Lords should appoint which in effect is no more then what the meanest Comissarie in Scotland may doe as to the moveable goods and wrytes of any person dyeing within his bounds And Therfore Humbly Craveing the saids Lords would be pleased to prevent the fraud which the petitioner hath so much just reason to suspect, and for the preserving the true intrest of all parties concernd without the least prejudice to any to give a sumer warrand for secureing the said Chartor Chist and wrytes that belonged to Sir James Campbell of Lawers in the hands of Mongo Campbell of Innirnbank Mr David Ramsay wryter Archibald Campell A wryter to Colline Campbell of Duncrusk or any other persone the petitioner shall Condescend upon and to Cause seall the same and put them in the Clerks hands and Furder because ther are violent suspitions that they who have no right or pretence of right have allready unwarrantably obstructed or medled he Lykwayes beseeched their Lordships that they may be examined theranent upon oath and that the petitioner may have Warrand to maccers etc. to cite such of them as are in Edinburgh upon twentie four hours and such as are in the Country upon what time their Lordships thought fitt for that effect as the petitione bears The Lords of their Majesties privy Councill having Considered the above petitione given in to them by the Earl of Brodalbine They hereby appoynt the Chartor Chist belonging to Sir James Campbell of Lawers To be sealled at the sight of one of the Lords of privy Councill if the same be within the toune of Edinburgh and if it be not within the same then at the sight of the shirref principall or his deputs of the shyre within which the same is, and being so sealled appoints the same to be transmitted to the hands of the Clerks of privy Councill therto remaine till furder order and allowes any person concerned to see and answer this petition as to the other points therin mentioned.

Edinburgh the Twentie day of December Jaj vjc nyntie four years

D1694/12/201

Act

Act The Earl of Brodalbine

Anent a Petition given in to the Lords of their majesties privy Councill be John Earle of Brodalbine Shewing That quher about thretein or fourtein years agoe the petitioner bought from the deceast Sir James Campbell of Lawers the greatest part of his estate to the value of ane hundred thousand puns But tho the petitioner has payed the wholl punds yet by reasone of the perplexity of Sir James affairs he was necessitate to take from him and others who had apprysed the same such ane imperfect right and Conveyance as he was able to give for the time and have ever since waited untill Sir James should have in his oun time Cleared his bussines and Compleated the petitioners right but he being now deceased and no appearance of any to represent him, The petitioner is farder informed that some persones pretending to be freinds to the appearand air doe Resolve to take advantage of the Confussione wherin Lawers left his estate which they are the rather Imboldned to doe because they hope to have access to his Chartor Chist wher they may suppress and abstract wrytes at their pleasure, and seing that the petitioners Case doeth plainely merit the saids Lords Consideration and assistance and that it is ordinary for the saids Lords when persones dye without airs and that practises are 2 apprehended upon ther Chartor Chists and wrytes to the prejudice of Lawfull purchasers and Creditors to give sumar warrand to secure the said Chartor Chists and wrytes in whosoever hand they may be found untill that they be duely inspected at the sight of all parties having intrest before such as the saids Lords should appoint which in effect is no more then what the meanest Comissarie in Scotland may doe as to the moveable goods and wrytes of any person dyeing within his bounds And Therfore Humbly Craveing the saids Lords would be pleased to prevent the fraud which the petitioner hath so much just reason to suspect, and for the preserving the true intrest of all parties concernd without the least prejudice to any to give a sumer warrand for secureing the said Chartor Chist and wrytes that belonged to Sir James Campbell of Lawers in the hands of Mongo Campbell of Innirnbank Mr David Ramsay wryter Archibald Campell A wryter to Colline Campbell of Duncrusk or any other persone the petitioner shall Condescend upon and to Cause seall the same and put them in the Clerks hands and Furder because ther are violent suspitions that they who have no right or pretence of right have allready unwarrantably obstructed or medled he Lykwayes beseeched their Lordships that they may be examined theranent upon oath and that the petitioner may have Warrand to maccers etc. to cite such of them as are in Edinburgh upon twentie four hours and such as are in the Country upon what time their Lordships thought fitt for that effect as the petitione bears The Lords of their Majesties privy Councill having Considered the above petitione given in to them by the Earl of Brodalbine They hereby appoynt the Chartor Chist belonging to Sir James Campbell of Lawers To be sealled at the sight of one of the Lords of privy Councill if the same be within the toune of Edinburgh and if it be not within the same then at the sight of the shirref principall or his deputs of the shyre within which the same is, and being so sealled appoints the same to be transmitted to the hands of the Clerks of privy Councill therto remaine till furder order and allowes any person concerned to see and answer this petition as to the other points therin mentioned.

1. NRS, PC2/25, 115r-116r.

2. The word ‘appearand’ scored out here.

1. NRS, PC2/25, 115r-116r.

2. The word ‘appearand’ scored out here.

Act, 20 December 1694, Edinburgh

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Edinburgh the Twentie day of December Jaj vjc nyntie four years

D1694/12/191

Act

Act William Russell

Anent a Petition given in to the Lords of their Majesties privy Councill be Mr William Russell minister at Morhame Shewing That quher the petitioner upon ane unanimouse Call from the heritors elders and parishioners of the parish or Morhame dated the twentie Eight day of February Jaj vjc nyntie thrie years was upon the thrid of may therafter transported by the synod of Lothian and Twedale from Culter to Morhame wher the petitioner is present minister as his Calls and acts of transportatione therwith produced would testifie and albeit he was transported then, yet he was not admitted minister ther till the Eight of Jully therafter Wherby the petitioners has only right to the last half of the stipend Jaj vjc nyntie thrie the first half therof being vaccant and the petitioner having Likwayes a Call from the said parish of Morham dated the twentie fifth day of november Jaj vjc nyntie years as the said Call attested by a minister of the presbytrie of Hadingtoune Lykways therwith produced would testifie And the petitioner haveing upon the desyre of the presbytrie of Dalkeith preached within ther bounds about ane year and one half For which the said presbytrie did Recomend the petitioner to the saids Lords for ane vaccand stipend as ther recomendation of the Twelth of Jully Jaj vjc nyntie two Likewayes therwith produced would testifie and ther being ane wholl years vaccand stipend appointed allready by the saids Lords in favors of the heritors of the said paroch of Morhame for repairation of the kirk and manse And Therfore humbly Craveing the saids Lords would take the premisses to ther serious Consideration and in regaird that the petitioner hath been at Considerable paynes and express both this sessione and the last in pursueing ane modified stipend before the Commissione for plantatione of kirks and valuatione of teynds To allow unto the petitioner the forsaid first half years vaccand stipend Jaj vjc nyntie thrie of the parosh of Morhame, The air of the deceast Sir James Stanfeild being patron who in regaird of the incumberances upon his fathers Estate does not behave as air as the petition bears The Lords of their majesties privy Councill having Considered this petition given in to them be the above Mr William Russell with the writts mentioned therin and produced therwith They heirby allow the petitioner the stipend of the above kirk of Morhame for the first half of the Cropt and year of God Jaj vjc nyntie therie and ordaines him to be readily answered obeyed and payed therof be the heritors fewers wodsetters Lyfrenters tennents possessors and others Lyable in payment of the stipend of the said kirk And Ordaines letters of horning under the signet of Councill to be direct against them for the said half years stipend according as the same shall be determined by the Judge ordinary In Respect he has instructed that he hath taken the oath of alledgance and assurance as minister of Culter before the Commissioners appoynted by the privy Councill for administratione of the same to all ministers preachers etc within the uperward of Clidsdale in Lanerkshyre.

Edinburgh the Twentie day of December Jaj vjc nyntie four years

D1694/12/191

Act

Act William Russell

Anent a Petition given in to the Lords of their Majesties privy Councill be Mr William Russell minister at Morhame Shewing That quher the petitioner upon ane unanimouse Call from the heritors elders and parishioners of the parish or Morhame dated the twentie Eight day of February Jaj vjc nyntie thrie years was upon the thrid of may therafter transported by the synod of Lothian and Twedale from Culter to Morhame wher the petitioner is present minister as his Calls and acts of transportatione therwith produced would testifie and albeit he was transported then, yet he was not admitted minister ther till the Eight of Jully therafter Wherby the petitioners has only right to the last half of the stipend Jaj vjc nyntie thrie the first half therof being vaccant and the petitioner having Likwayes a Call from the said parish of Morham dated the twentie fifth day of november Jaj vjc nyntie years as the said Call attested by a minister of the presbytrie of Hadingtoune Lykways therwith produced would testifie And the petitioner haveing upon the desyre of the presbytrie of Dalkeith preached within ther bounds about ane year and one half For which the said presbytrie did Recomend the petitioner to the saids Lords for ane vaccand stipend as ther recomendation of the Twelth of Jully Jaj vjc nyntie two Likewayes therwith produced would testifie and ther being ane wholl years vaccand stipend appointed allready by the saids Lords in favors of the heritors of the said paroch of Morhame for repairation of the kirk and manse And Therfore humbly Craveing the saids Lords would take the premisses to ther serious Consideration and in regaird that the petitioner hath been at Considerable paynes and express both this sessione and the last in pursueing ane modified stipend before the Commissione for plantatione of kirks and valuatione of teynds To allow unto the petitioner the forsaid first half years vaccand stipend Jaj vjc nyntie thrie of the parosh of Morhame, The air of the deceast Sir James Stanfeild being patron who in regaird of the incumberances upon his fathers Estate does not behave as air as the petition bears The Lords of their majesties privy Councill having Considered this petition given in to them be the above Mr William Russell with the writts mentioned therin and produced therwith They heirby allow the petitioner the stipend of the above kirk of Morhame for the first half of the Cropt and year of God Jaj vjc nyntie therie and ordaines him to be readily answered obeyed and payed therof be the heritors fewers wodsetters Lyfrenters tennents possessors and others Lyable in payment of the stipend of the said kirk And Ordaines letters of horning under the signet of Councill to be direct against them for the said half years stipend according as the same shall be determined by the Judge ordinary In Respect he has instructed that he hath taken the oath of alledgance and assurance as minister of Culter before the Commissioners appoynted by the privy Councill for administratione of the same to all ministers preachers etc within the uperward of Clidsdale in Lanerkshyre.

1. NRS, PC2/25, 114r-115r.

1. NRS, PC2/25, 114r-115r.

Sederunt, 20 December 1694, Edinburgh

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Edinburgh the Twentie day of December Jaj vjc nyntie four years1

D1694/12/182

Sederunt

Earl of Argyll; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Leven; Earl of Anandale preces; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Lord Yester; Lord Raith; Lord Ballhaven; Lord Carmicheall; Lord Polwarth; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; Laird of Grant; Laird of Blackbarony; Laird of Stivenson; Laird of Leyes; Sir John Hall

Edinburgh the Twentie day of December Jaj vjc nyntie four years1

D1694/12/182

Sederunt

Earl of Argyll; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Leven; Earl of Anandale preces; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Lord Yester; Lord Raith; Lord Ballhaven; Lord Carmicheall; Lord Polwarth; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; Laird of Grant; Laird of Blackbarony; Laird of Stivenson; Laird of Leyes; Sir John Hall

1. NRS, PC2/25, 114r.

2. NRS, PC2/25, 114r.

1. NRS, PC2/25, 114r.

2. NRS, PC2/25, 114r.

Letter: royal, 20 December 1694, Edinburgh

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At Edinburgh thursday 20 December 1694

A1694/12/381

Letter: royal

Letter to the King anent Balhousies accounts

The following letter being read was approven and signed by the preses in name of the Councill and appoynted to be recorded whereof the tenor followeth May it please your sacred Majestie Thomas Hay of Balhousie suffered great loss in his Corns by the English Regiments of the Lord Colchester Sir John Lenier and others in the years Jaj vjc eighty and nyne and Jaj vjc and nynty years which losses haveing been tryed and examined according to the orders then emitted were found to extend to seven Hundred and fiftie fyve pound sterling and this sum to be truely due to Balhousie and payable out of the Revenues in Scotland But because it was then your majesties pleasure for repayment of your scots Thesaurie That all such losses and arrears should be a proper charge upon the english forces, we in a proclamatione put furth in July last for bringing in the accompts resting by the forces to the Countrey Did declare That the debts of the forces upon the english establishment should transmitted to your Majestie That your majestie in your royall wisdome may ordor such Course to be taken for satisfieing the same as should be thought just, whereupon the said Thomas Hay of Balhousie haveing duelie stated his accompts his said loss appears and applying to us for a recommendatione to your majestie we have thought fitt in all humility to lay his Case before your majestie That you in your royalle Justice may ordor such Course to be taken for satisfieing of the foresaid debt due to him by the forces on the English establisment as your majestie shall think just, and this recommendatione is signed by Command and in name of your majesties privy Councill by your majesties most humble most obedient and faithfull subject and servant sic subscribitur Annandale p: Edinburgh tuentie December 1694

At Edinburgh thursday 20 December 1694

A1694/12/381

Letter: royal

Letter to the King anent Balhousies accounts

The following letter being read was approven and signed by the preses in name of the Councill and appoynted to be recorded whereof the tenor followeth May it please your sacred Majestie Thomas Hay of Balhousie suffered great loss in his Corns by the English Regiments of the Lord Colchester Sir John Lenier and others in the years Jaj vjc eighty and nyne and Jaj vjc and nynty years which losses haveing been tryed and examined according to the orders then emitted were found to extend to seven Hundred and fiftie fyve pound sterling and this sum to be truely due to Balhousie and payable out of the Revenues in Scotland But because it was then your majesties pleasure for repayment of your scots Thesaurie That all such losses and arrears should be a proper charge upon the english forces, we in a proclamatione put furth in July last for bringing in the accompts resting by the forces to the Countrey Did declare That the debts of the forces upon the english establishment should transmitted to your Majestie That your majestie in your royall wisdome may ordor such Course to be taken for satisfieing the same as should be thought just, whereupon the said Thomas Hay of Balhousie haveing duelie stated his accompts his said loss appears and applying to us for a recommendatione to your majestie we have thought fitt in all humility to lay his Case before your majestie That you in your royalle Justice may ordor such Course to be taken for satisfieing of the foresaid debt due to him by the forces on the English establisment as your majestie shall think just, and this recommendatione is signed by Command and in name of your majesties privy Councill by your majesties most humble most obedient and faithfull subject and servant sic subscribitur Annandale p: Edinburgh tuentie December 1694

1. NRS, PC1/50, 81-2.

1. NRS, PC1/50, 81-2.