Tag Archives: 24 March 1692

Act, 24 March 1692, Edinburgh

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Act

Act Mr Patrick Gordon

Anent a Petition given in to the Lords of their Majesties Privy Councill be Mr Patrick Gordon Professor of Hebrew in the New Collodge of St Androwes Shewing that the petitioner being in the year Jaj vjc Eightie Eight presented by the king as professor of Hebrew and thrid master of the New Collodge of St Androwes to fourtein hundred merks of sallarie (wherof fiftie pund sterling was to be payed yearly out of the exchaquer) hath continued since not only in the faithfull Discharge of his oun office till two moneths after the terme of Lambes Jaj vjc nyntie, Which is the legall and ordinary terme at which the stipends of masters of universities and Collodges have been and are in use to be payed Bot also In Regaird the professor of Divinitie or second Master his place hath allwayes been vaccant, since the petitioners entrie to that Collodge, he hath for the most part supplied the vaccancie, The students of Divinity haveing frequent exegeses and homilies before him yea the principall Doctor Lorimer haveing been valitudinary sometime in Jaj vjc Eightie nyne and most part of Jaj vjc nyntie the wholl charge of that Colladge as in Oversight and instruction of the youth lay intirely upon the petitioner for the space of a wholl year And seing the petitioner dureing the four years of his incumbency hath gott nothing of the fiftie punds sterling yearly out of the Exchequer, and that even the superplus of his sallerie for the year Jaj vjc nyntie is unpayed And Therfore Humbly Craveing the saids Lords That they would not only grant warrand for letters of horning against the persones Lyable in payment of the superplus of his sallerie for the year Jaj vjc nyntie Bot also Recomend the petitioner to the saids Lords of exchequer for the payment of the forsaid fiftie punds Sterling yearly dureing the tyme of his incumbency or in liew therof to allow him the equivolent out of the professor of Divinity his sallerie vaccant the four years bygone, Which vaccansie the petitioner as said is, for the most part Supplied And to order letters of horning to be direct at the petitioners instance against the factor of the said Collodge in whose hands the said vaccand stipends are lying as the said Petition bears The Lords of their Majesties Privy Councill haveing Considered this petition with the answers made therto be the masters of the university and their Clerk with the Report of a Comittie of their oun number They Ordaine Androw Clerk factor for the university of St Androwes To make payment to the said Mr Patrick Gordon of the soume of Two hundred and fiftie merks resting to him of his additionall sallerie for the last half year of his service, And allowes the said Mr Patrick Gordon to Condisend upon any vaccand stipend of their majesties patronadge out of which he may be payed of the soume of ane hundred and tuentie five pund sterling resting to him alledged payable by the Lords of the thesaury for the rest of his bygon salleries and appoynts their majesties solicitor or his assistants to advert what right the said Mr Patrick has to the Fiftie punds Sterling yearly alledged payable be the exchequer and to give in their opinion to the Councill whither the said right be suficient or not And ordaines letters of horning on fiftein dayes against the factor.

Edinburgh the twentie fourth day of March Jaj vjc nyntie two years

D1692/3/291

Act

Act Mr Patrick Gordon

Anent a Petition given in to the Lords of their Majesties Privy Councill be Mr Patrick Gordon Professor of Hebrew in the New Collodge of St Androwes Shewing that the petitioner being in the year Jaj vjc Eightie Eight presented by the king as professor of Hebrew and thrid master of the New Collodge of St Androwes to fourtein hundred merks of sallarie (wherof fiftie pund sterling was to be payed yearly out of the exchaquer) hath continued since not only in the faithfull Discharge of his oun office till two moneths after the terme of Lambes Jaj vjc nyntie, Which is the legall and ordinary terme at which the stipends of masters of universities and Collodges have been and are in use to be payed Bot also In Regaird the professor of Divinitie or second Master his place hath allwayes been vaccant, since the petitioners entrie to that Collodge, he hath for the most part supplied the vaccancie, The students of Divinity haveing frequent exegeses and homilies before him yea the principall Doctor Lorimer haveing been valitudinary sometime in Jaj vjc Eightie nyne and most part of Jaj vjc nyntie the wholl charge of that Colladge as in Oversight and instruction of the youth lay intirely upon the petitioner for the space of a wholl year And seing the petitioner dureing the four years of his incumbency hath gott nothing of the fiftie punds sterling yearly out of the Exchequer, and that even the superplus of his sallerie for the year Jaj vjc nyntie is unpayed And Therfore Humbly Craveing the saids Lords That they would not only grant warrand for letters of horning against the persones Lyable in payment of the superplus of his sallerie for the year Jaj vjc nyntie Bot also Recomend the petitioner to the saids Lords of exchequer for the payment of the forsaid fiftie punds Sterling yearly dureing the tyme of his incumbency or in liew therof to allow him the equivolent out of the professor of Divinity his sallerie vaccant the four years bygone, Which vaccansie the petitioner as said is, for the most part Supplied And to order letters of horning to be direct at the petitioners instance against the factor of the said Collodge in whose hands the said vaccand stipends are lying as the said Petition bears The Lords of their Majesties Privy Councill haveing Considered this petition with the answers made therto be the masters of the university and their Clerk with the Report of a Comittie of their oun number They Ordaine Androw Clerk factor for the university of St Androwes To make payment to the said Mr Patrick Gordon of the soume of Two hundred and fiftie merks resting to him of his additionall sallerie for the last half year of his service, And allowes the said Mr Patrick Gordon to Condisend upon any vaccand stipend of their majesties patronadge out of which he may be payed of the soume of ane hundred and tuentie five pund sterling resting to him alledged payable by the Lords of the thesaury for the rest of his bygon salleries and appoynts their majesties solicitor or his assistants to advert what right the said Mr Patrick has to the Fiftie punds Sterling yearly alledged payable be the exchequer and to give in their opinion to the Councill whither the said right be suficient or not And ordaines letters of horning on fiftein dayes against the factor.

1. NRS, PC2/24, 45r-46r.

1. NRS, PC2/24, 45r-46r.

Decreet, 24 March 1692, Edinburgh

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Edinburgh the twentie fourth day of March Jaj vjc nyntie two years

D1692/3/281

Decreet

Decreit Rasper Against Viscount of Kenmuir

Anent the bill of Suspensione given in and presented to the Lords of their majesties privy Councill be Alexander Viscount of Kenmuir and William Gordon his Servant Shewing That quher the petitioners are Charged at the instance of Margrat Rasper relict of the deceast John Chambers of Knockman and Mary Corbie her daughter To Compeir before the saids Lords upon the tenth day of september last by past to have ansuered to the gronds of a Complaint raised at their instance against the petitioners for alledged wrongeous ejecting of her out of the lands of Knockman and spulzieing and a way takeing of goods and geir And Comitting of severall other deeds and acts of Ryot in maner particularly mentioned in the said Lybell, Which being called be the saids Lords wpon the thrid day of november last by past The saids Lords by their interloquitor of that date In Respect of the petitioners absence granted certificatione against them and ordained letters of Denunciation to be direct against the petitioners Commanding messengers at arms to Denunce the petitioners their majesties rebells And put them to their highnes horne and ordaines all their moveable goods and geir to be escheat and in brought to their majesties use for their contemptione and Disobedience and accordingly the saids Margrat Rasper and2 Mary Corsbie haveing (as the petitioners is informed) Denunced the petitioners rebells and registrated them to the horn most wrongeously and unjustly Considering It is of veritie that the day and Dyet of appearance haveing been the tenth of september as said is It is evident by the Coppie of the letters under Hew Donaldsone messenger his hand albeit the Suspenders came into attend and answear to the said Calumnious and malicious charge, yet ther was no Councill keeped that day nor upon any certaine prefixt day, untill the sescion tyme in November Wherby the said suspenders conceaved themselves in Tuto to Repair home and not to compeir till they hade been of new cited, The said dyet of Appearance haveing been aither deserted or discontinued as they hade reason to suppose and it they hade been cited of new, They would have Compeired and alledged Lykas the suspenders now alledge That the said Lybell and complaint against them was most false and Calumnious for what ever the petitioners did in relation to the pretended ejectione and spulzie Complained upon the samen was done authore prextore in the due and ordinary Course of Law, Be vertue of a Decreet of removeing obtained before the Lords of Sessione and letters of ejectione following therupon, And be vertue of Decreets and letters and precepts of poynding which shall be fully made appear to the saids Lords at Discussing heirof, In Respect quherof the forsaid Certificatione against the petitioners ought to be taken of and the saids letters of Denunciatione suspended and the petitioners relaxed And Therfore Humbly Craveing the saids Lords to Grant letters to Comand and charge the saids Margrat Rasper and Mary Corsbie her daughter to have Compeired before the saids Lords at ane certaine day Bring and with them the forsaid letters of Denunciatione To have been seen and Considered be the saids Lords And to have heard and seen the samen suspended and the petitioners relaxed as the said bill bears. The Lords of their majesties Privy Councill Haveing Considered this bill of Suspensione given in to them be the above Viscount of Kenmuir and William Gordon against Margrat Rasper and her daughter and ansuers made therto, Both parties being called and the Viscount Compeiring be Mr Rorie Mckenzie junior advocat And the said Margrat Rasper Compeiring Personally for her self and daughter with James Stewart senior advocat The Lords of their majesties privy Councill Modifies the soume of Two hundred merks to be payed by the Viscount of Kenmuir to the said Margrat Rasper for the expenses and trouble she has allready been at in the above Lybell and upon payment therof Repones the said viscount against the Certification formerly pronunced in the principall Lybell against him and Denuncatione following theron And assignes the first Councill day of June nixt to the said Margrat Rasper and her daughter to insist and the said Viscount and William Gordon To answer in the forsaid Lybell and to the pursuars for adduceing of their witnesses with certificatione etc and ordaines letters of horning to be direct at the instance of the said Margrat Rasper against the said Viscount of Kenmuir one six dayes and others neidfull in forme as effeirs for payment of two hundred merks of expenses.

Edinburgh the twentie fourth day of March Jaj vjc nyntie two years

D1692/3/281

Decreet

Decreit Rasper Against Viscount of Kenmuir

Anent the bill of Suspensione given in and presented to the Lords of their majesties privy Councill be Alexander Viscount of Kenmuir and William Gordon his Servant Shewing That quher the petitioners are Charged at the instance of Margrat Rasper relict of the deceast John Chambers of Knockman and Mary Corbie her daughter To Compeir before the saids Lords upon the tenth day of september last by past to have ansuered to the gronds of a Complaint raised at their instance against the petitioners for alledged wrongeous ejecting of her out of the lands of Knockman and spulzieing and a way takeing of goods and geir And Comitting of severall other deeds and acts of Ryot in maner particularly mentioned in the said Lybell, Which being called be the saids Lords wpon the thrid day of november last by past The saids Lords by their interloquitor of that date In Respect of the petitioners absence granted certificatione against them and ordained letters of Denunciation to be direct against the petitioners Commanding messengers at arms to Denunce the petitioners their majesties rebells And put them to their highnes horne and ordaines all their moveable goods and geir to be escheat and in brought to their majesties use for their contemptione and Disobedience and accordingly the saids Margrat Rasper and2 Mary Corsbie haveing (as the petitioners is informed) Denunced the petitioners rebells and registrated them to the horn most wrongeously and unjustly Considering It is of veritie that the day and Dyet of appearance haveing been the tenth of september as said is It is evident by the Coppie of the letters under Hew Donaldsone messenger his hand albeit the Suspenders came into attend and answear to the said Calumnious and malicious charge, yet ther was no Councill keeped that day nor upon any certaine prefixt day, untill the sescion tyme in November Wherby the said suspenders conceaved themselves in Tuto to Repair home and not to compeir till they hade been of new cited, The said dyet of Appearance haveing been aither deserted or discontinued as they hade reason to suppose and it they hade been cited of new, They would have Compeired and alledged Lykas the suspenders now alledge That the said Lybell and complaint against them was most false and Calumnious for what ever the petitioners did in relation to the pretended ejectione and spulzie Complained upon the samen was done authore prextore in the due and ordinary Course of Law, Be vertue of a Decreet of removeing obtained before the Lords of Sessione and letters of ejectione following therupon, And be vertue of Decreets and letters and precepts of poynding which shall be fully made appear to the saids Lords at Discussing heirof, In Respect quherof the forsaid Certificatione against the petitioners ought to be taken of and the saids letters of Denunciatione suspended and the petitioners relaxed And Therfore Humbly Craveing the saids Lords to Grant letters to Comand and charge the saids Margrat Rasper and Mary Corsbie her daughter to have Compeired before the saids Lords at ane certaine day Bring and with them the forsaid letters of Denunciatione To have been seen and Considered be the saids Lords And to have heard and seen the samen suspended and the petitioners relaxed as the said bill bears. The Lords of their majesties Privy Councill Haveing Considered this bill of Suspensione given in to them be the above Viscount of Kenmuir and William Gordon against Margrat Rasper and her daughter and ansuers made therto, Both parties being called and the Viscount Compeiring be Mr Rorie Mckenzie junior advocat And the said Margrat Rasper Compeiring Personally for her self and daughter with James Stewart senior advocat The Lords of their majesties privy Councill Modifies the soume of Two hundred merks to be payed by the Viscount of Kenmuir to the said Margrat Rasper for the expenses and trouble she has allready been at in the above Lybell and upon payment therof Repones the said viscount against the Certification formerly pronunced in the principall Lybell against him and Denuncatione following theron And assignes the first Councill day of June nixt to the said Margrat Rasper and her daughter to insist and the said Viscount and William Gordon To answer in the forsaid Lybell and to the pursuars for adduceing of their witnesses with certificatione etc and ordaines letters of horning to be direct at the instance of the said Margrat Rasper against the said Viscount of Kenmuir one six dayes and others neidfull in forme as effeirs for payment of two hundred merks of expenses.

1. NRS, PC2/24, 44r-45r.

2. The word ‘Margrat’ scored out here.

1. NRS, PC2/24, 44r-45r.

2. The word ‘Margrat’ scored out here.

Decreet, 24 March 1692, Edinburgh

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Edinburgh the twentie fourth day of March Jaj vjc nyntie two years

D1692/3/271

Decreet

Certification Javiswood against Brand

The Lybell Jarviswood against Babertoune for cuting the Planting at Reidhall Called and the pursuar Compeiring personally with Sir James Stewart advocat and the defender being called and not compeiring The Lords of their majesties privy Councill Doe heirby Grant certification against the said defender and ordaines letters to be direct to messengers at armes to pass to the marcat cross of […] and their in their majesties name and authoritie Denunce the said Alexander Brand their majesties rebell and put him to their highnes horne and escheat and inbring all his moveaball goods and geir to their majesties use for his contemption and disobedience and Discharges the said Alexander Brand to cutt doune sell or Dispose upon any of the trees planting or policie about the house and maner place of Reidhall growing or allready cutt as he will be ansuerable as his highest perrill. This is afterwards stopped upon the 29 march instant And the proces Lying ther.

Edinburgh the twentie fourth day of March Jaj vjc nyntie two years

D1692/3/271

Decreet

Certification Javiswood against Brand

The Lybell Jarviswood against Babertoune for cuting the Planting at Reidhall Called and the pursuar Compeiring personally with Sir James Stewart advocat and the defender being called and not compeiring The Lords of their majesties privy Councill Doe heirby Grant certification against the said defender and ordaines letters to be direct to messengers at armes to pass to the marcat cross of […] and their in their majesties name and authoritie Denunce the said Alexander Brand their majesties rebell and put him to their highnes horne and escheat and inbring all his moveaball goods and geir to their majesties use for his contemption and disobedience and Discharges the said Alexander Brand to cutt doune sell or Dispose upon any of the trees planting or policie about the house and maner place of Reidhall growing or allready cutt as he will be ansuerable as his highest perrill. This is afterwards stopped upon the 29 march instant And the proces Lying ther.

1. NRS, PC2/24, 44r.

1. NRS, PC2/24, 44r.

Act, 24 March 1692, Edinburgh

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Edinburgh the twentie fourth day of March Jaj vjc nyntie two years

D1692/3/261

Act

Act appoynting Midlamylne to be factor to Stenadge estate

Anent a Petition given in to the Lords of their majesties Privy Councill be Sir William Eliot of Stobbs Shewing That quheras Gilbert Eliot of Stenadge brother to the petitioner is at present under such a Distemper and indispositione of mynd and body that he is not only incapable to manage his oun affairs Bot his conditione hath oblidged Dame Magdallen Nicolson his mother and William Eliot his brother german and his tutors and curators for their intrest Sir William Bennet of Grubit, Mr Gilbert Eliot the saids Lords Clerk, Mr Robert Bennet advocat Cousing german to the said Gilbert Eliot of Stenadge and Sir John Pringle of Stitchell his brother in law with the advyce of his phisitians to put him under such custody and keeping as is fitting for the preservatione of his person and recovery of his health, and the said Freinds Considering that it would be necessary in the mean tyme for sitting the said Gilbert Eliot his lands and uplifting his bygone rents and in tyme comeing dureing his indisposition, That a factor should bee authorizes be the saids Lords for that effect with power him to2 Imploy the saids rents for the gentlman his Mantinance as his circumstances shall Requyre and for makeing payment to his Creditors of his Just and lawfully debts and to hold compt for the superplus to himself when it should please god to restore him to health or to such freends as should heirafter be Warranded by law to take in the saids accompts and which factor might have a Sallerie allowed him suitable to his service and paines And Therfore Humbly Craveing the saids Lords would Grant warrand to the petitioner and the said Gilbert Eliot of Stenadge his other freends in Consideration of the premisses to appoint and nominat a factor who might be authorized be the saids Lords to sett the said Gilbert Eliot his lands and uplift his rents and Imploy the same ut supra, The said factor allwayes finding Cautione for that effect and that the saids Lords would modifie a factor a Sallarie or permitt the petitioner or freinds to modifie the samen as the said Petition bears. The Lords of their Majesties Privy Councill Haveing Considered this Petition given in to them be the above Laird of Stobbs They heirby nominat and Appoynt, Robert Eliot of Midlamylne Condescended upon by the petitioner To be factor to the estate and means of the above Gilbert Eliot with power to the said factor, To sett the lands belonging to the said Gilbert at this ensueing terme of Whitsunday and to uplift the bygone rents and annualrents resting to the said Gilbert, And which shall fall due dureing his factorie and to advance and pay out money for the said Gilberts aliement and other expences, and to pay his Just debts, And to doe such other deeds as are necessary for preserving and Imploying of3 the said Gilbert his means and estate and Declaires that this factorie is to continue no longer then the first day of June nixt to come if the said Gilbert shall recover in that space, Other wayes the same is to continue all this current year, Jaj vjc nyntie two, And that in Respect the said4 factor before extracting heirof has found suficient caution acted in the books of Privy Councill that he shall be dilligent and faithfull in the forsaid trust and that he shall make Just compt reckoning and payment of all intromissiones to be had be him be vertue therof to the said Gilbert Eliot or any other persones who shall be suficently authorized to call him to ane accompt for the same.

Edinburgh the twentie fourth day of March Jaj vjc nyntie two years

D1692/3/261

Act

Act appoynting Midlamylne to be factor to Stenadge estate

Anent a Petition given in to the Lords of their majesties Privy Councill be Sir William Eliot of Stobbs Shewing That quheras Gilbert Eliot of Stenadge brother to the petitioner is at present under such a Distemper and indispositione of mynd and body that he is not only incapable to manage his oun affairs Bot his conditione hath oblidged Dame Magdallen Nicolson his mother and William Eliot his brother german and his tutors and curators for their intrest Sir William Bennet of Grubit, Mr Gilbert Eliot the saids Lords Clerk, Mr Robert Bennet advocat Cousing german to the said Gilbert Eliot of Stenadge and Sir John Pringle of Stitchell his brother in law with the advyce of his phisitians to put him under such custody and keeping as is fitting for the preservatione of his person and recovery of his health, and the said Freinds Considering that it would be necessary in the mean tyme for sitting the said Gilbert Eliot his lands and uplifting his bygone rents and in tyme comeing dureing his indisposition, That a factor should bee authorizes be the saids Lords for that effect with power him to2 Imploy the saids rents for the gentlman his Mantinance as his circumstances shall Requyre and for makeing payment to his Creditors of his Just and lawfully debts and to hold compt for the superplus to himself when it should please god to restore him to health or to such freends as should heirafter be Warranded by law to take in the saids accompts and which factor might have a Sallerie allowed him suitable to his service and paines And Therfore Humbly Craveing the saids Lords would Grant warrand to the petitioner and the said Gilbert Eliot of Stenadge his other freends in Consideration of the premisses to appoint and nominat a factor who might be authorized be the saids Lords to sett the said Gilbert Eliot his lands and uplift his rents and Imploy the same ut supra, The said factor allwayes finding Cautione for that effect and that the saids Lords would modifie a factor a Sallarie or permitt the petitioner or freinds to modifie the samen as the said Petition bears. The Lords of their Majesties Privy Councill Haveing Considered this Petition given in to them be the above Laird of Stobbs They heirby nominat and Appoynt, Robert Eliot of Midlamylne Condescended upon by the petitioner To be factor to the estate and means of the above Gilbert Eliot with power to the said factor, To sett the lands belonging to the said Gilbert at this ensueing terme of Whitsunday and to uplift the bygone rents and annualrents resting to the said Gilbert, And which shall fall due dureing his factorie and to advance and pay out money for the said Gilberts aliement and other expences, and to pay his Just debts, And to doe such other deeds as are necessary for preserving and Imploying of3 the said Gilbert his means and estate and Declaires that this factorie is to continue no longer then the first day of June nixt to come if the said Gilbert shall recover in that space, Other wayes the same is to continue all this current year, Jaj vjc nyntie two, And that in Respect the said4 factor before extracting heirof has found suficient caution acted in the books of Privy Councill that he shall be dilligent and faithfull in the forsaid trust and that he shall make Just compt reckoning and payment of all intromissiones to be had be him be vertue therof to the said Gilbert Eliot or any other persones who shall be suficently authorized to call him to ane accompt for the same.

1. NRS, PC2/24, 43r-44r.

2. Insertion.

3. Insertion.

4. Insertion.

1. NRS, PC2/24, 43r-44r.

2. Insertion.

3. Insertion.

4. Insertion.

Sederunt, 24 March 1692, Edinburgh

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Edinburgh the twentie fourth day of March Jaj vjc nyntie two years1

D1692/3/252

Sederunt

Lord Chancelor; Marquis of Douglas; Earl of Lothian; Earl of Leven; Viscount Stair; Lord Cardross; Lord Fontonhall; Lord Enstruther; Sir Patrick Murray

Edinburgh the twentie fourth day of March Jaj vjc nyntie two years1

D1692/3/252

Sederunt

Lord Chancelor; Marquis of Douglas; Earl of Lothian; Earl of Leven; Viscount Stair; Lord Cardross; Lord Fontonhall; Lord Enstruther; Sir Patrick Murray

1. NRS, PC2/24, 43r.

2. NRS, PC2/24, 43r.

1. NRS, PC2/24, 43r.

2. NRS, PC2/24, 43r.

Procedure, 24 March 1692, Edinburgh

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Att Edinburgh the Tuenty Fourth day off March Jaj vjc and Nyntie tuo years

A1692/3/501

Procedure

Comittee anent Irving of Benshaw

Anent the petitione Given in to the Lords of there majestyes privie Councill be Edward Irving of Bonshaw prisoner in the tolbooth of Edinburgh Shewing That where the petitioner some tyme since wes apprehended prisoner at Mussleburgh by order as he supposes of Sir Thomas Livingston And after the supplicants being examined by the Lord Aberuchill and Leivetennent Colonell Jacksone The petitioner wes Committed Closs prisoner in the tolbooth of Edinburgh where he hes Remained now for the space of fyve weeks no persone haveing access to him save the keepers And the petitioner humbly conceaveing that as to these matters whereof he is suspsect guilty and for which he is now Incarcerate The Supplicant upon Inquirie will be found Innocent be the keeper of a publict Inn and nowayes knowen to the Killing of the horse upon suspicion of any accession whereto the petitioner wes Imprisoned ut supra And therefor craveing that there Lordships would take the petitioners case to there serious consideratione in this exigencie And to allow the supplicant to be sett at Liberty upon his finding caution to ansuer when called for Especially sieing the supplicant hes no other mean of Lyvelyhood but as ane Inkeeper And by his Imprisonement these weeks bygone his wyfe servants and family have been in great disorder and both the petitioner and they redacted to great straitts and necessitity’s upon which accompt and that of his Innocencie He humbly expects there Lordships clemencie and goodness As the said petitione bears The saids Lords of there Majestyes privie Councill recommend considered this petitione given in to them be the above Irving of Bonshaw They Recommend to the Lords Cardross and Enstruther to call before them the petitioner and examine him and to report to the Councill at there next dyett of meeting

At Edinburgh 24 March 1692

A1692/3/501

Procedure

Committee concerning Irving of Benshaw

Concerning the petition given in to the lords of their majesties’ privy council by Edward Irving of Bonshaw prisoner in the tolbooth of Edinburgh showing that where the petitioner some time since was apprehended prisoner at Musselburgh by order as he supposes of Sir Thomas Livingston and after the supplicant being examined by [Sir Colin Campbell] Lord Aberuchil and Lieutenant Colonel Jackson, the petitioner was committed a close prisoner in the tolbooth of Edinburgh where he has remained now for the space of five weeks, no person having access to him save the keepers, and the petitioner humbly conceiving that as to these matters whereof he is suspected guilty and for which he is now incarcerated, the Supplicant upon enquiry will be found innocent by the keeper of a public inn and no way known to the killing of the horse upon suspicion of any accession whereto the petitioner was imprisoned as above, and therefore craving that their lordships would take the petitioner’s case to their serious consideration in this exigency and to allow the supplicant to be set at liberty upon his finding caution to answer when called for, especially seeing the supplicant has no other mean of livelihood but as an innkeeper, and that by his imprisonment these weeks bygone his wife, servants and family have been in great disorder and both the petitioner and they reduced to great straits and necessities. Upon that account and that of his innocence he humbly expects their lordships’ clemency and goodness, as the said petition bears. The said lords of their majesties’ privy council considered this petition given in to them by the above Irving of Bonshaw, they recommend to [Henry Erskine] Lord Cardross and [Sir William Anstruther] Lord Anstruther to call before them the petitioner and examine him and to report to the council at their next diet of meeting.

1. PC1/48, 119-20.

1. PC1/48, 119-20.

Procedure, 24 March 1692, Edinburgh

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Att Edinburgh the Tuenty Fourth day off March Jaj vjc and Nyntie tuo years

A1692/3/491

Procedure

Remitt Mr John Fraser for stipend

Anent the petition given in to the Lords of there majesties privie Councill be Mr John Fraser late preacher of the gospell at Hassenden Shewing That the petitioner by ane orderly call from the heretors and parochiners of the parochine of Hassenden did serve the Cure at the said church from September Jaj vjc Nyntie till September Jaj vjc and Nyntie one which Call wes ratifyed and approven by the presbitry of Jedburgh as the samen under the moderator and Clerks of the presbitries hands, Testifyeing lykewayes that the petitioner preached in the said pariochine for the space above wreitten produced with the said petition doeth bear By all which it is evident that the petitioner is founded in Law and equity as to the right of the stipend of the said pariochine of Hassenden Yet Notwithstanding thereof the Earle of Tarras did cause Mr Thomas Sheild minister in the presbitry of Selkirk to give in for the stipend of Hassenden for the year forsaid Notwithstanding of his being then in possessione of the stipend of Wiltoun parochine and of his haveing also access and right to ane other stipend of ane pariochine near Sanquhar from which he wes outted in the year year2 Jaj vjc and sixtie one In which petitione It wes most disingenuously represented that the said Mr Sheilds preached at the said paroch church of Hassenden the space above wreitten where upon the saids Lords were Induced to give Mr Sheilds the stipend of the said kirk for the year Jaj vjc Nyntie one Which the petitioner assures himself there Lordships Justice and goodness would not have done to his prejudice but upon the3 misrepresentationes above narrated which Mr Sheills disouned to the petitioner And when the same wes sought under his hand He refused the same Affirmeing that the wholl effair wes manadged by and at the disposeall of the Earle of Tarras which he cannot nor will deny when put to it And therefor Craveing that there Lordships would be pleased In respect of the orderly call of the heretors wreitten and approbatione of the said Call by the presbitry with there testificat declareing the petitioner to have preached at the said kirk dureing the space abovewreitten all produced with the said petitione which doeth evidently Instruct that the petitioner hes the only Just right to the Stipend of the said kirk for the Cropt Jaj vjc nyntie one to declare the act past in favours of the said Mr Thomas Sheilds upon the thretteinth day of August last bypast Giveing him right to the said stipend, Null and voyd And declare the petitioners right and title good thereto for the reasones and causes above sett doun At least grant warrand to Cite the said Mr Thomas Sheills befor there Lordships to hear and sie what is above narrated verifyed and proven and in the mean tyme to discharge any diligence at his instance against the heretors of the said pariochine As the said petitione bears The saids Lords of there majestyes privie Councill haveing Considered this petitione Given in to them be the above Mr John Fraser with the Call and Certificat mentioned therein and produced therewith They hereby remitt to the Judge ordinary to discuss the point of right Betuixt the petitioner and the above Mr Thomas Sheild Competing for the above stipend as accords of the Law

At Edinburgh 24 March 1692

A1692/3/491

Procedure

Remit: Mr John Fraser for stipend

Concerning the petition given in to the lords of their majesties’ privy council by Mr John Fraser late preacher of the gospel at Hassendean showing that the petitioner by an orderly call from the heritors and parishioners of the parish of Hassendean did serve the cure at the said church from September 1690 till September 1691, which call was ratified and approved by the presbytery of Jedburgh as the same under the moderator’s and clerk of the presbytery’s hands, testifying likewise that the petitioner preached in the said parish for the space above written produced with the said petition does bear, by all which it is evident that the petitioner is founded in law and equity as to the right of the stipend of the said parish of Hassendean. Yet notwithstanding thereof, the earl of Tarras did cause Mr Thomas Shields minister in the presbytery of Selkirk to give in for the stipend of Hassendean for the year foresaid, notwithstanding of his being then in possession of the stipend of Wilton parish and of his having also access and right to another stipend of a parish near Sanquhar from which he was outed in the year 1661, in which petition it was most disingenuously represented that the said Mr Shields preached at the said parish church of Hassendean the space above written whereupon the said lords were induced to give Mr Shields the stipend of the said kirk for the year 1691, which the petitioner assures himself their lordships’ justice and goodness would not have done to his prejudice but upon the misrepresentations above narrated which Mr Shields disowned to the petitioner, and when the same was sought under his hand he refused the same, affirming that the whole affair was managed by and at the disposal of the earl of Tarras which he cannot nor will deny when put to it, and therefore craving that their lordships would be pleased in respect of the orderly call of the heritors written, and approbation of the said call by the presbytery with their certificate declaring the petitioner to have preached at the said kirk during the space above written all produced with the said petition which does evidently instruct that the petitioner has the only just right to the stipend of the said kirk for the crop 1691 to declare the act passed in favour of the said Mr Thomas Shields upon the thirteenth day of August last bypast giving him right to the said stipend, null and void, and declare the petitioner’s right and title good thereto for the reasons and causes above set down, at least grant warrant to cite the said Mr Thomas Shields before their lordships to hear and see what is above narrated verified and proved and in the meantime to discharge any diligence at his instance against the heritors of the said parish, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above Mr John Fraser with the call and certificate mentioned therein and produced therewith, they hereby remit to the judge ordinary to discuss the point of right between the petitioner and the above Mr Thomas Sheilds competing for the above stipend as accords with the law.

1. PC1/48, 118-19.

2. Sic.

3. This word has been inserted above the line.

1. PC1/48, 118-19.

Act, 24 March 1692, Edinburgh

Posted on by

Att Edinburgh the Tuenty Fourth day off March Jaj vjc and Nyntie tuo years

A1692/3/481

Act

Act Mr Osburns children for stipend

Anent the petition given in to the Lords of there Majestyes privie Councill be the children of umquhill2 John Osburne Late minister of the gospell at Kirkoswald Shewing That where the petitioners umquhill father haveing served the cure of the said church of Kirkoswald the half of the year Jaj vjc and sixtie tuo and the wholl of the years Jaj vjc and sixtie three and Jaj vjc sixtie3 Four years And accordingly did Intromitt with and uplift the Legall stipend for the saids years as he hade done formerly Yet after the act of Glasgow Jaj vjc and sixtie tuo at which tyme most pairt of the ministers were Imediatly therefter putt from there charges while the petitioners umquill father with some few others being Connived at, Continowed in the service of the said church for the forsaid tuo years and ane half thereafter The Colledge of Glasgow and there factors as them pretending aright to the said tuo year and ane halfs stipend did force the petitioners said deceist father to refound the samen Notwithstanding of his service whereby he and his Numerous familie were much prejudged As also the petitioners said umquill father haveing a Call from the said paroch did serve in the exercise of his Ministrie there from the tyme of the Liberty granted thereanent even untill his death as ane testificate from the presbitry of Air in which the said church Lyes produced with the said petitione hes testifyed And sieing there is a vacancie in the said church and that none can pretend right to the Stipend thereof It being one of the Churches depending one the Bishoprick of Dumblaine so that no Laick patrone can claime the samen And the petitioners father haveing Left behind him eight children most pairt unable to doe any thing for themselves And therefore Craveing to the effect underwreitten As the said petitione bears The saids Lords of there Majestyes privie Councill haveing considered this petitione given in to them be the children of the above Mr John Osburne with the testificat mentioned therein and produced therewith They allow to the petitioners the stipend of the above Kirk of Kirkoswald for the haill cropt and year of God Jaj vjc and Nyntie one and ordaines them to be readiely ansuered obeyed and payed thereof be the heretors fewers Lyfrenters titulars tacksmen of teynds tennents possessors and others Lyable in payment of them And ordaines Letters of horning to be direct at the petitioners instance againest them for that effect upon productione of a decreet of Locality And in case there be none ordaines these Lyable To make payment of there respective proportions according as the samen shall be determined be the Judge And declares adischarge subscyved be Mr Henrie Osburne eldest sone to the defunct for himself and in name and behalf of the remanent children shall be a sufficient exoneratione to the persones who shall make payment of the above stipend at all hands

At Edinburgh 24 March 1692

A1692/3/481

Act

Act for Mr Osborne’s children for stipend

Concerning the petition given in to the lords of their majesties’ privy council by the children of the late John Osborne, late minister of the gospel at Kirkoswald, showing that where the petitioners’ late father having served the cure of the said church of Kirkoswald half of the year 1662 and the whole of the years 1663 and 1664, and accordingly did intromit with and uplift the legal stipend for the said years as he had done formerly, yet after the act of Glasgow 1662 at which time most of the ministers were immediately thereafter put from their charges while the petitioners’ late father with some few others being connived at, continued in the service of the said church for the foresaid two years and a half thereafter, the college of Glasgow and their factors as them pretending a right to the said two years and a half stipend did force the petitioners’ said deceased father to refund the same, notwithstanding of his service whereby he and his numerous family were much prejudged. As also the petitioners’ said late father having a call from the said parish did serve in the exercise of his ministry there from the time of the liberty granted concerning the same even until his death as a certificate from the presbytery of Ayr in which the said church lies produced with the said petition has testified, and seeing there is a vacancy in the said church and that none can pretend right to the stipend thereof, it being one of the churches depending on the bishopric of Dunblane, so that no lay patron can claim the same and the petitioners’ father having left behind him eight children mostly unable to do anything for themselves, and therefore craving to the effect underwritten, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the children of the above Mr John Osborne with the certificate mentioned therein and produced therewith, they allow to the petitioners the stipend of the above Kirk of Kirkoswald for the whole crop and year of God 1691 and ordain them to be readily answered, obeyed and paid thereof by the heritors, feuars, liferenters, titulars and tacksmen of teinds, tenants, possessors and others liable in payment of them, and they ordain letters of horning to be directed at the petitioners’ instance against them for that effect upon production of a decreet of locality, and in case there be none they ordain those liable to make payment of their respective proportions according as the same shall be determined by the judge, and they declare a discharge subscribed by Mr Henry Osborne, eldest son to the defunct for himself and in name and behalf of the other children, shall be a sufficient exoneration to the persons who shall make payment of the above stipend at all hands.

1. PC1/48, 117-18.

2. This word inserted above the line.

3. The word ‘three’ scored out here.

1. PC1/48, 117-18.

Procedure, 24 March 1692, Edinburgh

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Att Edinburgh the Tuenty Fourth day off March Jaj vjc and Nyntie tuo years

A1692/3/471

Procedure

Lord Cardross received a Councellour

The Lord Cardross as a privie Councellour Named in the Late Commissione of Councill of the date the third of March instant did swear and signe the oath of alleadgeance and signed the Certificate and assureance appointed by act of parliament to there Majestyes And the Lord Chancellors haveing administrat to him the oath of secrecie The said Lord Cardross wes receaved and did take his place at the boord as a privie Councellour

At Edinburgh 24 March 1692

A1692/3/471

Procedure

Lord Cardross received as a councillor

[Henry Erskine] Lord Cardross as a privy councillor named in the late commission of council of the date the third of March instant did swear and sign the oath of allegiance and signed the certificate and assurance appointed by act of parliament to their majesties, and the lord chancellor having administrated to him the oath of secrecy, the said Lord Cardross was received and did take his place at the board as a privy councillor.

1. PC1/48, 117.

1. PC1/48, 117.

Sederunt, 24 March 1692, Edinburgh

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Att Edinburgh the Tuenty Fourth day off March Jaj vjc and Nyntie tuo years1

A1692/3/462

Sederunt

Lord Chancellour; Marquis of Douglas; Earl of Lothian; Earl of Leven; Viscount Stair; Lord Cardross; Lord Fountainhall; Lord Enstruther; Sir Patrick Murray

At Edinburgh 24 March 16921

A1692/3/462

Sederunt

[John Hay, earl of Tweeddale] lord chancellor; [James Douglas] marquis of Douglas; [Robert Kerr] earl of Lothian; [David Leslie] earl of Leven; [James Dalrymple] Viscount Stair; [Henry Erskine] Lord Cardross; [Sir John Lauder] Lord Fountainhall; [Sir William Anstruther] Lord Anstruther; Sir Patrick Murray

1. PC1/48, 117.

2. PC1/48, 117.

1. PC1/48, 117.

2. PC1/48, 117.