Tag Archives: 21 November 1695

Act, 21 November 1695, Edinburgh

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Edinburgh the 21 November 1695

D1695/11/241

Act

Act George Eason thesaurer of Dyssart for the behoove of the toune

Anent the petition given in to the Lords of his majesties privy Councill at the instance of the magistrats of Dyssert with Consent of Henry Lord Sinclar Shewing That the Second Ministers Stipend of the paroch kirk of Dysseart being vaccant and undisposed of for this Last year, and the Schooll house of the said burgh with the Steple of the Church and Bellhouse and Cloak belonging therto being ruinouse and Like to Decay intirely and the bell of the kirk being rent, The said Henry Lord Sinclar undoubted patron of the said Church Is willing to bestow the said years Stipend upon the saids pious uses within the said paroch and doeth Consent to the petitioners application to the saids Lords for letters against those who are Lyable in payment And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned as the petition bears The Lords of his Majesties privy Councill Having Considered this petitione given in to them be the above Magistrats of Dyssart with the Consent of the patron mentioned therin And produced They hereby Allow the vaccant Stipend of the said kirk of Dyssart from mertimiss Jaj vic nyntie four to mertimiss Jaj vic nyntie five years To be Imployed upon repaireing of the Schooll house of the burgh of Dyssart and the steple of the kirk and Bell house and Cloak belonging therto and likewayes for mending the bell of the said kirk And Nominats and appoints George Eason present thesaurer of the said burgh of Dyssart to be factor for uplifting the forsaid years Stipend And ordaines him to be readily answered obeyed and payed thereof be the heritors fewers Wodsetters Lifrentars titullars tacksmen of teynds tenants possessors and others Lyable in payment of the said years Stipend, The said factor first giveing bond and finding Cautione acted in the books of privy Councill That he shall apply the said years vaccant Stipend upon the pious uses abovementioned at the sight and be the advice of the said Henry Lord Sinclar patron And Ordaines letters of horning to be direct under the Signet of Councill at the said factors instance and others needfull to be direct against the persones forsaids Lyable in payment of the said years vaccand Stipend upon productione of a decreet of Locallity And incase ther be non ordaines the heritors and others forsaids Lyable in payment of the same To make payment to the said factor of their respective proportiones therof according as they shall be Decerned by the Judge ordinary.

Edinburgh the 21 November 1695

D1695/11/241

Act

Act George Eason thesaurer of Dyssart for the behoove of the toune

Anent the petition given in to the Lords of his majesties privy Councill at the instance of the magistrats of Dyssert with Consent of Henry Lord Sinclar Shewing That the Second Ministers Stipend of the paroch kirk of Dysseart being vaccant and undisposed of for this Last year, and the Schooll house of the said burgh with the Steple of the Church and Bellhouse and Cloak belonging therto being ruinouse and Like to Decay intirely and the bell of the kirk being rent, The said Henry Lord Sinclar undoubted patron of the said Church Is willing to bestow the said years Stipend upon the saids pious uses within the said paroch and doeth Consent to the petitioners application to the saids Lords for letters against those who are Lyable in payment And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned as the petition bears The Lords of his Majesties privy Councill Having Considered this petitione given in to them be the above Magistrats of Dyssart with the Consent of the patron mentioned therin And produced They hereby Allow the vaccant Stipend of the said kirk of Dyssart from mertimiss Jaj vic nyntie four to mertimiss Jaj vic nyntie five years To be Imployed upon repaireing of the Schooll house of the burgh of Dyssart and the steple of the kirk and Bell house and Cloak belonging therto and likewayes for mending the bell of the said kirk And Nominats and appoints George Eason present thesaurer of the said burgh of Dyssart to be factor for uplifting the forsaid years Stipend And ordaines him to be readily answered obeyed and payed thereof be the heritors fewers Wodsetters Lifrentars titullars tacksmen of teynds tenants possessors and others Lyable in payment of the said years Stipend, The said factor first giveing bond and finding Cautione acted in the books of privy Councill That he shall apply the said years vaccant Stipend upon the pious uses abovementioned at the sight and be the advice of the said Henry Lord Sinclar patron And Ordaines letters of horning to be direct under the Signet of Councill at the said factors instance and others needfull to be direct against the persones forsaids Lyable in payment of the said years vaccand Stipend upon productione of a decreet of Locallity And incase ther be non ordaines the heritors and others forsaids Lyable in payment of the same To make payment to the said factor of their respective proportiones therof according as they shall be Decerned by the Judge ordinary.

1. NRS, PC2/26, 34v-35v.

1. NRS, PC2/26, 34v-35v.

Decreet, 21 November 1695, Edinburgh

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Edinburgh the 21 November 1695

D1695/11/231

Decreet

Decreet James Earle of Callander Against Mary Countes Dowager of Callander

Anent the bill of Suspension given in and presented to the Lords of Privy Councill be Mary Countes Dowager of Callander And James Livingstoune of Westquarter the petitioners husband for his intrest That wher they are Charged be vertue of James Earle of Callander and his tutors and Curators for ther intrests To make payment to him and his saids tutors and factors in his name of the sum of ane Thousand punds And that as ane years aliement from Whitsunday Jaj vic nyntie Four to Whitsunday Jaj vic Nyntie five alledged due obtained at the petitioners instance against the petitioner before the saids Lords dated the threteinth day of March Jaj vic nyntie four years And that within ane Certaine short space nixt after the Charge under the paine of rebellion and puting of the petitioners to the horne most wrongeously and unjustly Considering It is of verity That ay the Charge of horning therwith produced It appears the same is dated in March Jaj vic Nyntie five so that ther is not ane years aliement due whill that time twelve moneth which is not whill march nixt Secundo the decreet of Councill which is the ground of the foirsaid Change did proceid without any probatione of the Conditione of the late Earle of Callander his estate nor of the debts and burdeins Which did effect the same But the samen was passed by as they were represented be the deceast Earle of Linlithgow the Charges tutor Who did Suppress a great part of the Earles estate Viz the portion left to him be James Earle of Callander Which did Extend to above […] Thousand merks and wherof ther is above thertie thousand merks yet due and resting be the Earle of March and other persones, so that the Charger having ane suficient estate aliunde to mantaine himself besides ane aliement of ane thousand merks given him by his mother; Ther is no equity that the petitioners ought to be burdained with such ane Considerable aliement out of the petitioners Joyntur Tertio as thir is no Necessitie of ane aliement, So the Charger is nowayes related in blood to the petitioner and the petitioner having brought to the familly with her the sum of Threttie Eight Thousand punds and her Joyntur being but Eight thousand merks the same is very moderat for ane persone of her qualitie and Condition, Neither can it admitt any deductione without reduceing her to unreasonable Straits Especially Considering that the same […] annuittie but ane Locallity of Lands paying so much rent Which is very much diminished by payment of Cess ministers Stipends and other publict burdens and the faillieing tennents So that it is Imposible to Continue to pay the said aliement Quarto by ane express agreement with this Earles father to whom he is served air therwith produced he is specially oblidged not to demand any aliement from the petitioner bot on the Contrare Ratifies her Joyntur and Renunces any pretence of aliement for ever Quinto Whatever might have been pretended of necessitie to aliement the appearand air the time of the obtaineing the Decreet of Councill Charged on yet now ther is no pretence for the said aliement In so farr as the Chargers has Succeided to ane opulent and good estate by the decease of the late Earle of Linlithgow his uncle wherby he has not only Succeided to the Earledome of Linlothgow But also to the lands and Lordship of Urquhart and Fishnigs2 upon Spey which belonged to the first Alexander Earle of Callander and were evicted3 from him by the late Earle of Dumfermling and gifted be the kings majestie to the last Earle of Linlithgow as having fallen in the kings hands throw the forfaulcter of the said Earle of Dumfermling, And Which Estate of it self is worth Ten thousand merks yearly So that the Charger has now one Considerable estate and has no need of the former aliement off her Small Joyntur, and the Cause of the Said Decreet viz the Earles necessity haveing now Ceased, the effect thereof ought also to fall in Consequence Therfore the said pretended Charge haill effect and executione thereof Ought to be Suspended Nevertheless for the more Obedience he was Content to find suficient Caution incase etc And Therfore humbly Craveing the saids Lords to Grant warand for Sumonding the said James Earle of Callander To have Compeired before the saids Lords at ane Certain day Bringing with him the forsaid pretended letters of horning to hav been seen and Considered be the saids Lords and to have heard and seen the samen haill effect and execution of the same Simpliciter Suspended in all time comeing as in the said bill of suspension at more length is Contained The Lords of his Majesties privy Councill having Considered this bill of Suspesion given in to them be the Countess of Callander against the Earl of Callander and his tutors with the answers made therto They hereby Refuse the said bill and reasones of Suspensione and Finds the letters raised at the Chargers instance against the Suspenders orderly proceided for bygones the terme of Whitsunday Jaj vic nyntie five and ordaines the same to be put to farder executione after the forme and tenor of the decreet Charged on in all points.

Edinburgh the 21 November 1695

D1695/11/231

Decreet

Decreet James Earle of Callander Against Mary Countes Dowager of Callander

Anent the bill of Suspension given in and presented to the Lords of Privy Councill be Mary Countes Dowager of Callander And James Livingstoune of Westquarter the petitioners husband for his intrest That wher they are Charged be vertue of James Earle of Callander and his tutors and Curators for ther intrests To make payment to him and his saids tutors and factors in his name of the sum of ane Thousand punds And that as ane years aliement from Whitsunday Jaj vic nyntie Four to Whitsunday Jaj vic Nyntie five alledged due obtained at the petitioners instance against the petitioner before the saids Lords dated the threteinth day of March Jaj vic nyntie four years And that within ane Certaine short space nixt after the Charge under the paine of rebellion and puting of the petitioners to the horne most wrongeously and unjustly Considering It is of verity That ay the Charge of horning therwith produced It appears the same is dated in March Jaj vic Nyntie five so that ther is not ane years aliement due whill that time twelve moneth which is not whill march nixt Secundo the decreet of Councill which is the ground of the foirsaid Change did proceid without any probatione of the Conditione of the late Earle of Callander his estate nor of the debts and burdeins Which did effect the same But the samen was passed by as they were represented be the deceast Earle of Linlithgow the Charges tutor Who did Suppress a great part of the Earles estate Viz the portion left to him be James Earle of Callander Which did Extend to above […] Thousand merks and wherof ther is above thertie thousand merks yet due and resting be the Earle of March and other persones, so that the Charger having ane suficient estate aliunde to mantaine himself besides ane aliement of ane thousand merks given him by his mother; Ther is no equity that the petitioners ought to be burdained with such ane Considerable aliement out of the petitioners Joyntur Tertio as thir is no Necessitie of ane aliement, So the Charger is nowayes related in blood to the petitioner and the petitioner having brought to the familly with her the sum of Threttie Eight Thousand punds and her Joyntur being but Eight thousand merks the same is very moderat for ane persone of her qualitie and Condition, Neither can it admitt any deductione without reduceing her to unreasonable Straits Especially Considering that the same […] annuittie but ane Locallity of Lands paying so much rent Which is very much diminished by payment of Cess ministers Stipends and other publict burdens and the faillieing tennents So that it is Imposible to Continue to pay the said aliement Quarto by ane express agreement with this Earles father to whom he is served air therwith produced he is specially oblidged not to demand any aliement from the petitioner bot on the Contrare Ratifies her Joyntur and Renunces any pretence of aliement for ever Quinto Whatever might have been pretended of necessitie to aliement the appearand air the time of the obtaineing the Decreet of Councill Charged on yet now ther is no pretence for the said aliement In so farr as the Chargers has Succeided to ane opulent and good estate by the decease of the late Earle of Linlithgow his uncle wherby he has not only Succeided to the Earledome of Linlothgow But also to the lands and Lordship of Urquhart and Fishnigs2 upon Spey which belonged to the first Alexander Earle of Callander and were evicted3 from him by the late Earle of Dumfermling and gifted be the kings majestie to the last Earle of Linlithgow as having fallen in the kings hands throw the forfaulcter of the said Earle of Dumfermling, And Which Estate of it self is worth Ten thousand merks yearly So that the Charger has now one Considerable estate and has no need of the former aliement off her Small Joyntur, and the Cause of the Said Decreet viz the Earles necessity haveing now Ceased, the effect thereof ought also to fall in Consequence Therfore the said pretended Charge haill effect and executione thereof Ought to be Suspended Nevertheless for the more Obedience he was Content to find suficient Caution incase etc And Therfore humbly Craveing the saids Lords to Grant warand for Sumonding the said James Earle of Callander To have Compeired before the saids Lords at ane Certain day Bringing with him the forsaid pretended letters of horning to hav been seen and Considered be the saids Lords and to have heard and seen the samen haill effect and execution of the same Simpliciter Suspended in all time comeing as in the said bill of suspension at more length is Contained The Lords of his Majesties privy Councill having Considered this bill of Suspesion given in to them be the Countess of Callander against the Earl of Callander and his tutors with the answers made therto They hereby Refuse the said bill and reasones of Suspensione and Finds the letters raised at the Chargers instance against the Suspenders orderly proceided for bygones the terme of Whitsunday Jaj vic nyntie five and ordaines the same to be put to farder executione after the forme and tenor of the decreet Charged on in all points.

1. NRS, PC2/26, 33r-34v.

2. Sic.

3. The word ‘by’ has been scored out here.

1. NRS, PC2/26, 33r-34v.

2. Sic.

3. The word ‘by’ has been scored out here.

Act, 21 November 1695, Edinburgh

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Edinburgh the 21 November 1695

D1695/11/221

Act

Act Recalling the interloquitor upon the baxter of Glasgowes petition

Anent the petition given in to the Lords of his Majesties privy Councill be Walter Buchanan and James Murehead for themselves and in name and behalf of the remanent baxters of the toune of Glasgow Shewing That wher be vertue of ane order given by the saids Lords Committie appointed for Irish victuall to Drumsune he hath Liad a sequestratione upon all wheat belonging to the petitioner, And procured all their girnells lofts and sellers to be Lock’d up and sealled so that they Cannot make or sell and loaf of bread Which is ane great prejudice to and like to occasion disorder amongst both the inhabitants and Souldiers And that upon pretence that they are accessory to the Importing of victuall from Ireland, And untill this matter be tryed before the saids Lords as to which he humbly represents that this sequestration is a great hardship upon the petitioners Since they are ready to purge them selves And have actually allready burged themselves by oath at Drumsues instance of all the accession to the said unlawfull Importation Secondly they therwith exhibited to the saids Lords a list wherby It appears that Since march last they have bought Lawfullie within the Countrey more then two Thousand four hundred bolls of Wheat Which they are Content be tryed upon ther highest perill, And thrid by the petitioners Declyne no tryall in the said matter but are ready to answer for the Same either before the saids Lords or whom he shall appoint But only they are hopefull that the saids Lords would not obleidge the wholl incorporatione to appear here at Edinburgh in a matter that may alse weell be tryed else wher nor Continue Such a prejudiciall Sequestration when they are Content to find suficient Cautione in ther oun burgh for whatever can be Charged upon them And Therfore humbly Craveing the saids Lords In Consideratione of the premisses to ordaine the said sequestration to be taken off They Finding suficient Caution to the effect forsaid before the magistrats of Glasgow at Drumsuie Sight Since they have litle or no acquaintance here and nixt to appoint the forsaid matter to be tryed at Glasgow in what maner and before whom the saids Lords should think fitt as the petition bears, The Lords of his majesties privy Councill doe hereby Recall the interloquitor pronunced the last Councill day upon the baxters of Glasgowes petition and the same being unsubscribed Discharges the same to be Subscribed or extracted.

Edinburgh the 21 November 1695

D1695/11/221

Act

Act Recalling the interloquitor upon the baxter of Glasgowes petition

Anent the petition given in to the Lords of his Majesties privy Councill be Walter Buchanan and James Murehead for themselves and in name and behalf of the remanent baxters of the toune of Glasgow Shewing That wher be vertue of ane order given by the saids Lords Committie appointed for Irish victuall to Drumsune he hath Liad a sequestratione upon all wheat belonging to the petitioner, And procured all their girnells lofts and sellers to be Lock’d up and sealled so that they Cannot make or sell and loaf of bread Which is ane great prejudice to and like to occasion disorder amongst both the inhabitants and Souldiers And that upon pretence that they are accessory to the Importing of victuall from Ireland, And untill this matter be tryed before the saids Lords as to which he humbly represents that this sequestration is a great hardship upon the petitioners Since they are ready to purge them selves And have actually allready burged themselves by oath at Drumsues instance of all the accession to the said unlawfull Importation Secondly they therwith exhibited to the saids Lords a list wherby It appears that Since march last they have bought Lawfullie within the Countrey more then two Thousand four hundred bolls of Wheat Which they are Content be tryed upon ther highest perill, And thrid by the petitioners Declyne no tryall in the said matter but are ready to answer for the Same either before the saids Lords or whom he shall appoint But only they are hopefull that the saids Lords would not obleidge the wholl incorporatione to appear here at Edinburgh in a matter that may alse weell be tryed else wher nor Continue Such a prejudiciall Sequestration when they are Content to find suficient Cautione in ther oun burgh for whatever can be Charged upon them And Therfore humbly Craveing the saids Lords In Consideratione of the premisses to ordaine the said sequestration to be taken off They Finding suficient Caution to the effect forsaid before the magistrats of Glasgow at Drumsuie Sight Since they have litle or no acquaintance here and nixt to appoint the forsaid matter to be tryed at Glasgow in what maner and before whom the saids Lords should think fitt as the petition bears, The Lords of his majesties privy Councill doe hereby Recall the interloquitor pronunced the last Councill day upon the baxters of Glasgowes petition and the same being unsubscribed Discharges the same to be Subscribed or extracted.

1. NRS, PC2/26, 32v-33r.

1. NRS, PC2/26, 32v-33r.

Act, 21 November 1695, Edinburgh

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Edinburgh the 21 November 1695

D1695/11/211

Act

Act for Montbodies aliement

Anent the petition given in to the Lords of his majesties privy Councill be James Burnet of Montbodo and Margret Burnet his mother now spouse to Mr Andrew Burnet minister for his intrest Shewing That wher the said James Burnett was 2 left by his father Alexander Burnet who deceased in February Jaj vic nyntie one ane infeint about two years and ane half Since, Which time he hath been aliemented by his mother provyded in all things necessary for his subsistance and and education as became his qualitie, Lykeas his father as is well knowen left him a good estate which now by the occasion of his uncles estate will amount to about Seventie Chalder of victuall and is only burdened with two Joynturs of about twentie Chalders of victuall and the matter of Twentie Thousand merks so that ther remaines to him a good free estate without any furder burden of provisiones to brothers or sisters wherof he had non But in regaird that the father made no appointment as to the matter of his aliement, And that the tutor Mr Robert Burnet of Glenbervy is unwilling to doe any thing in the matter without the saids Lords previous modificatione It is Therfore Necessar that the saids Lords as in a case aliementary And to remove the tutors deficultie who is ready to acquiesce in the saids Lords sentance, to determine and ordaine what is Just and right as to the forsaid aliement And Seing that it is apparent by the Condition of the estate and morbodies being only And and3 that ther remaines yet five or six years of his pupilarity for all which time from his fathers decease untill the expryzeing of his pupilarity It is necessar that ane honest aliement be modified both for his letter subsistance and education and Likewayes for the tutors exoneration, And Therfore humbly Craveing the saids Lords to modifie the forsaid monbodes aliement for the years past as is above remarked, and likwayes to modifie and appoint what shall be given for his aliement for hereafter dureing his pupilarity And to ordaine the Samen upon the Said Lords Cognition of the Case to be payed in to his said mother and her spouse for bygones And Likewayes in time comeing so long as her said sone shall reside with her Especially Seing that the Case is plaine and uncontraverted And that the tutor doeth only want for the saids Lords Modification as the petition at more length bears Which being read in presence of the saids Lords of privy Councill They Recomended to a Comittie of ther oun number to Consider the same, and the Comittie having mett They returned ther oppinion in the termes following That they haveing heard Sir Thomas Burnett Concerning the Condition of the minors estate And also seen a letter from the tutor Consenting that ane aliement be Modified albeit it be not ordinary to modifie or give ane aliment for time past when the Same is Sought out of Necessitie yet seing in this case all Desired Is a modification by the Lords of privy Councill to be a rule for the tutor upon the Consideration of the wholl matter are of opinion that for the years bygone ther may be modified four hundred merks and for the years to come Six hundred merks untill he be fourtein years of age In Regaird that he is now grown up and must be educat and have a pedagogue and a servant And the saids Lords haveing this day Considered the above report They herby approve therof And Modifies the sum of four hundred merks yearly for the petitioners aliement for all years by gone Since the petitioners fathers decease to the terme of mertimiss last, And the Sum of Six hundreth merks yearly Since Syne and in time comeing untill he attaine the age of Fourtein years And Ordaines the same to be payed in be Montbody and his tutors to his mother and her husband for his intrest for bygones and in time comeing So long as her sone shall reside with her the termes of payment being allwayes first come and others And Ordaines letters of horning on fiftein dayes under the signet of Councill and others needfull to be direct hereon in form as effeirs.

Edinburgh the 21 November 1695

D1695/11/211

Act

Act for Montbodies aliement

Anent the petition given in to the Lords of his majesties privy Councill be James Burnet of Montbodo and Margret Burnet his mother now spouse to Mr Andrew Burnet minister for his intrest Shewing That wher the said James Burnett was 2 left by his father Alexander Burnet who deceased in February Jaj vic nyntie one ane infeint about two years and ane half Since, Which time he hath been aliemented by his mother provyded in all things necessary for his subsistance and and education as became his qualitie, Lykeas his father as is well knowen left him a good estate which now by the occasion of his uncles estate will amount to about Seventie Chalder of victuall and is only burdened with two Joynturs of about twentie Chalders of victuall and the matter of Twentie Thousand merks so that ther remaines to him a good free estate without any furder burden of provisiones to brothers or sisters wherof he had non But in regaird that the father made no appointment as to the matter of his aliement, And that the tutor Mr Robert Burnet of Glenbervy is unwilling to doe any thing in the matter without the saids Lords previous modificatione It is Therfore Necessar that the saids Lords as in a case aliementary And to remove the tutors deficultie who is ready to acquiesce in the saids Lords sentance, to determine and ordaine what is Just and right as to the forsaid aliement And Seing that it is apparent by the Condition of the estate and morbodies being only And and3 that ther remaines yet five or six years of his pupilarity for all which time from his fathers decease untill the expryzeing of his pupilarity It is necessar that ane honest aliement be modified both for his letter subsistance and education and Likewayes for the tutors exoneration, And Therfore humbly Craveing the saids Lords to modifie the forsaid monbodes aliement for the years past as is above remarked, and likwayes to modifie and appoint what shall be given for his aliement for hereafter dureing his pupilarity And to ordaine the Samen upon the Said Lords Cognition of the Case to be payed in to his said mother and her spouse for bygones And Likewayes in time comeing so long as her said sone shall reside with her Especially Seing that the Case is plaine and uncontraverted And that the tutor doeth only want for the saids Lords Modification as the petition at more length bears Which being read in presence of the saids Lords of privy Councill They Recomended to a Comittie of ther oun number to Consider the same, and the Comittie having mett They returned ther oppinion in the termes following That they haveing heard Sir Thomas Burnett Concerning the Condition of the minors estate And also seen a letter from the tutor Consenting that ane aliement be Modified albeit it be not ordinary to modifie or give ane aliment for time past when the Same is Sought out of Necessitie yet seing in this case all Desired Is a modification by the Lords of privy Councill to be a rule for the tutor upon the Consideration of the wholl matter are of opinion that for the years bygone ther may be modified four hundred merks and for the years to come Six hundred merks untill he be fourtein years of age In Regaird that he is now grown up and must be educat and have a pedagogue and a servant And the saids Lords haveing this day Considered the above report They herby approve therof And Modifies the sum of four hundred merks yearly for the petitioners aliement for all years by gone Since the petitioners fathers decease to the terme of mertimiss last, And the Sum of Six hundreth merks yearly Since Syne and in time comeing untill he attaine the age of Fourtein years And Ordaines the same to be payed in be Montbody and his tutors to his mother and her husband for his intrest for bygones and in time comeing So long as her sone shall reside with her the termes of payment being allwayes first come and others And Ordaines letters of horning on fiftein dayes under the signet of Councill and others needfull to be direct hereon in form as effeirs.

1. NRS, PC2/26, 31r-32v.

2. The word ‘lately’ scored out here.

3. Sic.

1. NRS, PC2/26, 31r-32v.

2. The word ‘lately’ scored out here.

3. Sic.

Decreet, 21 November 1695, Edinburgh

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Edinburgh the 21 November 1695

D1695/11/201

Decreet

Interloquitor betwixt The toune of Edinburgh and Commistoune

In the process Depending before the Lords of his Majesties privy Councill at the instance of the magistrats of Edinburgh anent ther wells The saids Lords haveing upon the nynteinth of November instant appointed a Comittie of their oun number to visit the grounds wher the wells Lyes and Consider the same, And indeavour to agree the parties, and incase of Deficultie to report to the Councill The Condition of the saids wells as they presently stand And the Comittie haveing this day made ther report to the Councill That Conforme to the forsaid reference given in to them They haveing gone to the ground of the wells Contraverted and visited the same They Find that the toune of Edinburgh has been in Constant possession of the well Called the Todes-well with a Libertie Conforme to the Contract of Six foot of Breadth for makeing ther accquaeduct which Comes within a very short Breadth of Mowbreys well, Wher the toune of a good time hade built a Hutt upon Munbrayes well But of late that Hutt is some way broken doune And the Watter Course Is diverted by a litle Cutt from the Communication which they hade with the acquaeduct from Todieswell Which is their possessione presently But they find that in the year Jaj vic Eightie four being ten year after the forsaid right or dispositione of Todieswell Ane interuptione made be way of instrument Be the Laird of Commistoune when the toune of Edinburgh was building a Storm hutt upon Minbrayes well, And Finds that ther is one hutt built upon the well Called Hares-well and that ther is a Cutt which divertes the watters from the toune acquaeduct, And It is the Committies opinion that witnesses be examined anent the toune of Edinburghs possessione and also for Commistoune as the said report at length bears The saids Lords of his majesties privy Councill haveing Considered the above report with a petition of the Ladie Comistounes And a testificat of Comistounes indisposition They heirby approve of the said report of the Committie And Grants Dilligence to both parties hinc inde to prove possession and interuptione in the termes of the report, And appoints the Lord Carmicheall and the Lord Justice Clerk to be a Committie for examineing the witnesses.

Edinburgh the 21 November 1695

D1695/11/201

Decreet

Interloquitor betwixt The toune of Edinburgh and Commistoune

In the process Depending before the Lords of his Majesties privy Councill at the instance of the magistrats of Edinburgh anent ther wells The saids Lords haveing upon the nynteinth of November instant appointed a Comittie of their oun number to visit the grounds wher the wells Lyes and Consider the same, And indeavour to agree the parties, and incase of Deficultie to report to the Councill The Condition of the saids wells as they presently stand And the Comittie haveing this day made ther report to the Councill That Conforme to the forsaid reference given in to them They haveing gone to the ground of the wells Contraverted and visited the same They Find that the toune of Edinburgh has been in Constant possession of the well Called the Todes-well with a Libertie Conforme to the Contract of Six foot of Breadth for makeing ther accquaeduct which Comes within a very short Breadth of Mowbreys well, Wher the toune of a good time hade built a Hutt upon Munbrayes well But of late that Hutt is some way broken doune And the Watter Course Is diverted by a litle Cutt from the Communication which they hade with the acquaeduct from Todieswell Which is their possessione presently But they find that in the year Jaj vic Eightie four being ten year after the forsaid right or dispositione of Todieswell Ane interuptione made be way of instrument Be the Laird of Commistoune when the toune of Edinburgh was building a Storm hutt upon Minbrayes well, And Finds that ther is one hutt built upon the well Called Hares-well and that ther is a Cutt which divertes the watters from the toune acquaeduct, And It is the Committies opinion that witnesses be examined anent the toune of Edinburghs possessione and also for Commistoune as the said report at length bears The saids Lords of his majesties privy Councill haveing Considered the above report with a petition of the Ladie Comistounes And a testificat of Comistounes indisposition They heirby approve of the said report of the Committie And Grants Dilligence to both parties hinc inde to prove possession and interuptione in the termes of the report, And appoints the Lord Carmicheall and the Lord Justice Clerk to be a Committie for examineing the witnesses.

1. NRS, PC2/26, 30v-31r.

1. NRS, PC2/26, 30v-31r.

Sederunt, 21 November 1695, Edinburgh

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Edinburgh the 21 November 16951

D1695/11/192

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Forfar; Lord Yester; Viscount Tarbat; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Enstruther; Mr Fra: Montgomery; Laird of Stivenson; Laird of Leyes; Laird of Pollock

Edinburgh the 21 November 16951

D1695/11/192

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Forfar; Lord Yester; Viscount Tarbat; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Enstruther; Mr Fra: Montgomery; Laird of Stivenson; Laird of Leyes; Laird of Pollock

1. NRS, PC2/26, 30v.

2. NRS, PC2/26, 30v.

1. NRS, PC2/26, 30v.

2. NRS, PC2/26, 30v.

Act, 21 November 1695, Edinburgh

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At Edinburgh thursday the tuenty first day of November Jaj vjc nynty and fyve years

A1695/11/231

Act

Liberatione John Orrock

Anent the petitione given in to the Lords of his majesties privy Councill by John Orrock Shewing That where the petitioner hes been imprisoned by the said Lords sentance in the proces at the instance of the Countes of Rothes and Lord Leslie to continue2 dureing the said Lords pleasure and seeing what happned was upon surpryse and without any bad designe upon the petitioners part and that He being Clark of the supply unquestionablie by act of parliament for the tearme of Lambas Last which is not yet fully uplifted he reckoned himself oblidged to obey the Commissioners of Supply and therfore humbly Craveing in maner and to the effect aftermentioned as the said petitione bears The Lords of his majesties privy Councill Haveing considered the foresaid petition given in to them by the said John Orrock They hereby give ordor and warrand to the magistrats of Edinburgh and Keeper of their Tolbooth to sett the said petitioner at libertie furth thereof for doeing whereof this shall be to3 them a sufficient warrand.

At Edinburgh thursday the tuenty first day of November Jaj vjc nynty and fyve years

A1695/11/231

Act

Liberatione John Orrock

Anent the petitione given in to the Lords of his majesties privy Councill by John Orrock Shewing That where the petitioner hes been imprisoned by the said Lords sentance in the proces at the instance of the Countes of Rothes and Lord Leslie to continue2 dureing the said Lords pleasure and seeing what happned was upon surpryse and without any bad designe upon the petitioners part and that He being Clark of the supply unquestionablie by act of parliament for the tearme of Lambas Last which is not yet fully uplifted he reckoned himself oblidged to obey the Commissioners of Supply and therfore humbly Craveing in maner and to the effect aftermentioned as the said petitione bears The Lords of his majesties privy Councill Haveing considered the foresaid petition given in to them by the said John Orrock They hereby give ordor and warrand to the magistrats of Edinburgh and Keeper of their Tolbooth to sett the said petitioner at libertie furth thereof for doeing whereof this shall be to3 them a sufficient warrand.

1. NRS, PC1/50, 265-6.

2. The word ‘ther’ scored out here.

3. The word ‘all’ scored out here.

1. NRS, PC1/50, 265-6.

2. The word ‘ther’ scored out here.

3. The word ‘all’ scored out here.

Sederunt, 21 November 1695, Edinburgh

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At Edinburgh thursday the tuenty first day of November Jaj vjc nynty and fyve years1

A1695/11/222

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Forfar; Lord Yester; Viscount Tarbat; Lord Carmichaell; Lord Advocat; Lord Justice Clerk; Lord Enstruther; Mr F Montgomrie; Laird of Stevensone; Laird of Leyes; Laird of Pollock

At Edinburgh thursday the tuenty first day of November Jaj vjc nynty and fyve years1

A1695/11/222

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Forfar; Lord Yester; Viscount Tarbat; Lord Carmichaell; Lord Advocat; Lord Justice Clerk; Lord Enstruther; Mr F Montgomrie; Laird of Stevensone; Laird of Leyes; Laird of Pollock

1. NRS, PC1/50, 265.

2. NRS, PC1/50, 265.

1. NRS, PC1/50, 265.

2. NRS, PC1/50, 265.