Tag Archives: 25 February 1692

Warrant, 25 February 1692, Edinburgh

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Warrant

Warrand for giveing up Sir John Fowlis bond of Cautionrie for Sir Walter Seatton

The Lords of their majesties privy Councill Doe heirby give order and Warrand to their Clerks to deliver up to Sir John Forbes of Revelstoune a bond Lying in their hands granted be Sir Walter Seatton of Northbank as principall and the said Sir John as Commissioner Conjunctlie and severallie for re entering the said Sir Walter to Prison if he be allyve betwixt and the first of Aprill nixt, Or otherwayes to make payment to the persones at2 whose instance Sir Walter is incarcerat and arreisted in the Tolbooth of Edinburgh of the haill debts for which he is incarcerat or arreisted the Eight day of February instant, and that In Respect the said Sir Walter is now removed by death.

Edinburgh the Twentie fifth day of February Jaj vjc nyntie two years

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Warrant

Warrand for giveing up Sir John Fowlis bond of Cautionrie for Sir Walter Seatton

The Lords of their majesties privy Councill Doe heirby give order and Warrand to their Clerks to deliver up to Sir John Forbes of Revelstoune a bond Lying in their hands granted be Sir Walter Seatton of Northbank as principall and the said Sir John as Commissioner Conjunctlie and severallie for re entering the said Sir Walter to Prison if he be allyve betwixt and the first of Aprill nixt, Or otherwayes to make payment to the persones at2 whose instance Sir Walter is incarcerat and arreisted in the Tolbooth of Edinburgh of the haill debts for which he is incarcerat or arreisted the Eight day of February instant, and that In Respect the said Sir Walter is now removed by death.

1. NRS, PC2/24, 30v.

2. Insertion.

1. NRS, PC2/24, 30v.

2. Insertion.

Petition, 25 February 1692, Edinburgh

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Petition

[Petition Alexander Tyllen]

Petition Mr Alexander Tyllen late minister at Kinetles who has been in armes against their majesties and takes not the benefite of the indemnitie Craveing aliement read and Commission granted to the magistrats of Dundie to examine and take tryall if Lyon of Brigtoune and […] Gray of Innerichtie promised to mantaine the petitioner and his sone in maner and at the rates mentioned in the petitione and to report their procedure to the Councill.

Edinburgh the Twentie fifth day of February Jaj vjc nyntie two years

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Petition

[Petition Alexander Tyllen]

Petition Mr Alexander Tyllen late minister at Kinetles who has been in armes against their majesties and takes not the benefite of the indemnitie Craveing aliement read and Commission granted to the magistrats of Dundie to examine and take tryall if Lyon of Brigtoune and […] Gray of Innerichtie promised to mantaine the petitioner and his sone in maner and at the rates mentioned in the petitione and to report their procedure to the Councill.

1. NRS, PC2/24, 30v.

1. NRS, PC2/24, 30v.

Act, 25 February 1692, Edinburgh

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Act

Act The Lady Semple and her husband

Anent the petition given in to the Lords of there Majesties privy Councill be Anna Lady Semple and Francis Lord Glasfoord her husband for his intrest Shewing That the petitioners haveing Designed to Raine the Loch of Castle Semple pertaineing to them Lying within the parish of Lochquhynioch and Shirefdome of Renfrew, and by Draining therof to render the same proper for, and susceptible for all the Improvements of agriculture, The doeing quherof as it may Import ane privat advantage to the petitioners So it uould affoord ane publict benefitt to the Countrie adjacent seing therby not only the half of the paroch (in the midle of which the said lock Lyes) would Lave two myles of their way in comeing to the Church Bot these of the nighbourhead and marcat tounes One aither syde of the said Loch who now are forced to goe two myles about and in tyme of great raine to goe six by reasone of the contingency of another loch will make ane short and easie passadge as wes evident by the attestationes of the Commissioners of assessment for the shyre, And of the minister of the parish produced to the former Lords of Privy Councill And the petitioners in order to the protestatione of this Designe to draw and cast a ditsh allong the march betwixt the petitioners lands, and the lands of Litlegavin belonging to John Love and his mother fewars therof for the dowing of which cast and Ditch in a strait Lyne both upon a designe of the said Draineing as also of makeing the fence of the petitioners Parck (Which this ditch is to be) Straight It would be, necessar the petitioner would have a quantitie of about ane acker of the said John Love fewar his ground adjudged to them conforme to the seventein Act of the second parliament of King Charles the second Intituled ane act anent incloseing of ground, upon all which the petitioners formerly gave in ane bill to the Lords of Privy Councill for the tym who upon the above written grounds and others therin represented Did Recomend to the late Archbishop of Glasgow to accomodat and setle the aikers Desyred to be taken in, And for that effect Impowred him to call the Commissioners of assessment and Justices of peace of the shyre of Ranfrew for puting ane value and estimat theron as he should find cause In caise the said late Archbishop and the saids Commissioners and Justices of the peace could not acomodate the matter, ordained Report to be made theranent as the said act and Remitt has testified, And now seing the Petitiones are goeing one, and have made ane Considerable progress in the draineing of the said loch And have at present a great 2 number of3 men at work theron Which can only be stopt throw the want of the forsaid quantite of ground, about ane aiker belonging to the said John Love, Which conforme to the forsaid act of Parliament, Aught to be adjudged to the petitioners upon payment of ane adequat and true pryce therof And Therefore Humbly Craveing that the Councill would renew in the petitioners favors the forsaid act and Recomend to Sir John Maxwell of Pollock or any other gentlman of that Countrey who lives nearest the said Loch (in place of the said late Archbishop of Glasgow) To Apoint and Determine the quantitie and pryce of the said ground, and for that effect to Impower him to call such persones as he shall think fitt for valueing and estimating therof Wherby the petitioners might not be furder stopt in their Compleating so laudable ane act and work especially at this tyme of year Which is the only Season for compleating therof Which Petitione The Lords of their majesties Privy Councill haveing Considered They Recomended to Sir John Maxwell of Pollock to visit the above locke and ground which the petitioners Craved to be taken in off the teinds of Litlegaven belonging to John Love ther and his mother, And to Determine and marke out the proportione therof necessarie to be inclosed And to estimate and value the same, and for that effect gave full power and Commissione to the said Sir John to take the depositiones of the witnesses to be led be aither partie upon the said estimat and value, And Report his procedure therin to the saids Lords of Privy Councill with his first convenience and how sone the said Sir John should determine the proportione of ground to be inclosed and have taken probation upon the value therof allowed the petitioner to cary one and perfyte the abovementioned work And accordingly the said Sir John Maxwell haveing accepted upon him the forsaid Commission returned his report to the Councill That he passed upon the said peice of ground, And the saids parties being both present, The said John Love portioner of Govan Considering that the said peice of meadow was to be adjudged from him Consented that the witnesses and the said Sir John should Determine the pryce of the said peace of ground free of all few duties teynds or publict burdeins And the said Sir John Haveing Caused meith off ane peice and proportione of the said meadow of Litlegovan and Caused measure the same It extended to thrie ruides and twelue falls, and haveing examined severall witnesses adduced for that effect being admitted be both the saids parties of Consent and haveing Considered the said witnesses their depositiones and being weell and Ryply advysed therwith Determined and marked out the said peice of ground To Pertaine and belong to the said noble Lady Dame Anna Lady Semple and Francis Lord Glasfurd her husband their Airs and successors heretablie and Irredeemably for ever free of all few duties teynds and publict burdeins and estimat and valued the said peice of ground to the soume of ane Hundreth and sixtie punds scots money to be payed be the said noble Lady and her said4 husband to the said John Love before the breaking of the said ground of the said meadow with the said Ditch or cast, And the said John Love to broak and possess the said peice of meadow whille the said noble Lady and her said husband Designe to break the samen for the said Ditch and pay the said soume with and under this express provisione and conditione, That incaice the said noble Lady and her said husband leave any part of the said peice of ground or meadow inbroken and not made use off upon the Southsyde of the said cast or ditch nixt to the said John Love his lands free and unprejuduged, That the said John Love shall have the samen in part payment of the said pryve at the value forsaid viz ane Hundred and sixtie punds for the said thrie rudes and twelve falls and Compting to proportionally, according therto Which Report being this day read in presence of the saids Lords of Privy Councill, And they haveing Considered the same They heirby Approve therof And Interpone their authoritie therto In every point and ordaines aither partie to doe and performe to others as by the said Report is determined and appoynted and ordains letter of horning on fiftein dayes to be direct at the instance of aither partie against other for performance of their respective parts of the said Report and other executione needfull to pass heiron in forme as effeirs.

Edinburgh the Twentie fifth day of February Jaj vjc nyntie two years

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Act

Act The Lady Semple and her husband

Anent the petition given in to the Lords of there Majesties privy Councill be Anna Lady Semple and Francis Lord Glasfoord her husband for his intrest Shewing That the petitioners haveing Designed to Raine the Loch of Castle Semple pertaineing to them Lying within the parish of Lochquhynioch and Shirefdome of Renfrew, and by Draining therof to render the same proper for, and susceptible for all the Improvements of agriculture, The doeing quherof as it may Import ane privat advantage to the petitioners So it uould affoord ane publict benefitt to the Countrie adjacent seing therby not only the half of the paroch (in the midle of which the said lock Lyes) would Lave two myles of their way in comeing to the Church Bot these of the nighbourhead and marcat tounes One aither syde of the said Loch who now are forced to goe two myles about and in tyme of great raine to goe six by reasone of the contingency of another loch will make ane short and easie passadge as wes evident by the attestationes of the Commissioners of assessment for the shyre, And of the minister of the parish produced to the former Lords of Privy Councill And the petitioners in order to the protestatione of this Designe to draw and cast a ditsh allong the march betwixt the petitioners lands, and the lands of Litlegavin belonging to John Love and his mother fewars therof for the dowing of which cast and Ditch in a strait Lyne both upon a designe of the said Draineing as also of makeing the fence of the petitioners Parck (Which this ditch is to be) Straight It would be, necessar the petitioner would have a quantitie of about ane acker of the said John Love fewar his ground adjudged to them conforme to the seventein Act of the second parliament of King Charles the second Intituled ane act anent incloseing of ground, upon all which the petitioners formerly gave in ane bill to the Lords of Privy Councill for the tym who upon the above written grounds and others therin represented Did Recomend to the late Archbishop of Glasgow to accomodat and setle the aikers Desyred to be taken in, And for that effect Impowred him to call the Commissioners of assessment and Justices of peace of the shyre of Ranfrew for puting ane value and estimat theron as he should find cause In caise the said late Archbishop and the saids Commissioners and Justices of the peace could not acomodate the matter, ordained Report to be made theranent as the said act and Remitt has testified, And now seing the Petitiones are goeing one, and have made ane Considerable progress in the draineing of the said loch And have at present a great 2 number of3 men at work theron Which can only be stopt throw the want of the forsaid quantite of ground, about ane aiker belonging to the said John Love, Which conforme to the forsaid act of Parliament, Aught to be adjudged to the petitioners upon payment of ane adequat and true pryce therof And Therefore Humbly Craveing that the Councill would renew in the petitioners favors the forsaid act and Recomend to Sir John Maxwell of Pollock or any other gentlman of that Countrey who lives nearest the said Loch (in place of the said late Archbishop of Glasgow) To Apoint and Determine the quantitie and pryce of the said ground, and for that effect to Impower him to call such persones as he shall think fitt for valueing and estimating therof Wherby the petitioners might not be furder stopt in their Compleating so laudable ane act and work especially at this tyme of year Which is the only Season for compleating therof Which Petitione The Lords of their majesties Privy Councill haveing Considered They Recomended to Sir John Maxwell of Pollock to visit the above locke and ground which the petitioners Craved to be taken in off the teinds of Litlegaven belonging to John Love ther and his mother, And to Determine and marke out the proportione therof necessarie to be inclosed And to estimate and value the same, and for that effect gave full power and Commissione to the said Sir John to take the depositiones of the witnesses to be led be aither partie upon the said estimat and value, And Report his procedure therin to the saids Lords of Privy Councill with his first convenience and how sone the said Sir John should determine the proportione of ground to be inclosed and have taken probation upon the value therof allowed the petitioner to cary one and perfyte the abovementioned work And accordingly the said Sir John Maxwell haveing accepted upon him the forsaid Commission returned his report to the Councill That he passed upon the said peice of ground, And the saids parties being both present, The said John Love portioner of Govan Considering that the said peice of meadow was to be adjudged from him Consented that the witnesses and the said Sir John should Determine the pryce of the said peace of ground free of all few duties teynds or publict burdeins And the said Sir John Haveing Caused meith off ane peice and proportione of the said meadow of Litlegovan and Caused measure the same It extended to thrie ruides and twelue falls, and haveing examined severall witnesses adduced for that effect being admitted be both the saids parties of Consent and haveing Considered the said witnesses their depositiones and being weell and Ryply advysed therwith Determined and marked out the said peice of ground To Pertaine and belong to the said noble Lady Dame Anna Lady Semple and Francis Lord Glasfurd her husband their Airs and successors heretablie and Irredeemably for ever free of all few duties teynds and publict burdeins and estimat and valued the said peice of ground to the soume of ane Hundreth and sixtie punds scots money to be payed be the said noble Lady and her said4 husband to the said John Love before the breaking of the said ground of the said meadow with the said Ditch or cast, And the said John Love to broak and possess the said peice of meadow whille the said noble Lady and her said husband Designe to break the samen for the said Ditch and pay the said soume with and under this express provisione and conditione, That incaice the said noble Lady and her said husband leave any part of the said peice of ground or meadow inbroken and not made use off upon the Southsyde of the said cast or ditch nixt to the said John Love his lands free and unprejuduged, That the said John Love shall have the samen in part payment of the said pryve at the value forsaid viz ane Hundred and sixtie punds for the said thrie rudes and twelve falls and Compting to proportionally, according therto Which Report being this day read in presence of the saids Lords of Privy Councill, And they haveing Considered the same They heirby Approve therof And Interpone their authoritie therto In every point and ordaines aither partie to doe and performe to others as by the said Report is determined and appoynted and ordains letter of horning on fiftein dayes to be direct at the instance of aither partie against other for performance of their respective parts of the said Report and other executione needfull to pass heiron in forme as effeirs.

1. NRS, PC2/24, 28v-30r.

2. The word ‘many’ scored out here.

3. The words ‘number of’ is an insertion.

4. Insertion.

1. NRS, PC2/24, 28v-30r.

2. The word ‘many’ scored out here.

3. The words ‘number of’ is an insertion.

4. Insertion.

Order, 25 February 1692, Edinburgh

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Order

Reference in the proces of Gordonstone Against Grant

The Lords of their Majesties privie Councill being informed that Lodovick Grant of Freuchie and Sir Robert Gordon of Gordonstone have offered to submitt the mutuall proces depending before the saids Lords betwixt them and the other persones therin named to the arbitratione and amicable determinatione of the Lords Ruthven and Polwarth, They heirby Recommend to the saids Lords to accept of the said submission and arbitratione wpon them, with power to the saids Lords to elect and Choise of Consent of parties, ane odds man or Oversman in caise of varriance or Discrepance betwixt themselves And to proceid and determine in the said matter as they shall find Just.

Edinburgh the Twentie fifth day of February Jaj vjc nyntie two years

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Order

Reference in the proces of Gordonstone Against Grant

The Lords of their Majesties privie Councill being informed that Lodovick Grant of Freuchie and Sir Robert Gordon of Gordonstone have offered to submitt the mutuall proces depending before the saids Lords betwixt them and the other persones therin named to the arbitratione and amicable determinatione of the Lords Ruthven and Polwarth, They heirby Recommend to the saids Lords to accept of the said submission and arbitratione wpon them, with power to the saids Lords to elect and Choise of Consent of parties, ane odds man or Oversman in caise of varriance or Discrepance betwixt themselves And to proceid and determine in the said matter as they shall find Just.

1. NRS, PC2/24, 28v.

1. NRS, PC2/24, 28v.

Sederunt, 25 February 1692, Edinburgh

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Edinburgh the Twentie fifth day of February Jaj vjc nyntie two years1

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Sederunt

Lord Chancelor; Marquis of Douglas; Earl of Craufurd; Earl of Mortone; Earl of Leven; Viscount Stair; Lord Raith; Lord Ruthven; Lord Polwarth; Master of Burlie; Lord Hatton; Lord Fountonhall; Laird of Grant; Laird of Stevenson; Laird of Leyes; Laird of Brodie; Sir Thomas Livingston

Edinburgh the Twentie fifth day of February Jaj vjc nyntie two years1

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Sederunt

Lord Chancelor; Marquis of Douglas; Earl of Craufurd; Earl of Mortone; Earl of Leven; Viscount Stair; Lord Raith; Lord Ruthven; Lord Polwarth; Master of Burlie; Lord Hatton; Lord Fountonhall; Laird of Grant; Laird of Stevenson; Laird of Leyes; Laird of Brodie; Sir Thomas Livingston

1. NRS, PC2/24, 28v.

2. NRS, PC2/24, 28v.

1. NRS, PC2/24, 28v.

2. NRS, PC2/24, 28v.

Commission by the Council, 25 February 1692, Edinburgh

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Att Edinburgh the Tuentie Fyfth Day of Februarij Jaj vjc Nyntie tuo years

A1692/2/1181

Commission by the Council

Commission for tryeing of […] Murdoch Guilty of bestialitie

Aneother Commissione for tryeing of […] Murdoch alleadged guiltie of bestiality prisoner in Aberdeen signed also this day But never extracted

At Edinburgh 25 February 1692

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Commission by the Council

Commission for trying of […] Murdoch guilty of bestiality

Another commission for trying of […] Murdoch alleged guilty of bestiality prisoner in Aberdeen signed also this day but never extracted.

1. PC1/48, 87.

1. PC1/48, 87.

Commission by the Council, 25 February 1692, Edinburgh

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Att Edinburgh the Tuentie Fyfth Day of Februarij Jaj vjc Nyntie tuo years

A1692/2/1171

Commission by the Council

Commission for tryeing Jonathan Grant Guilty of Murder

The Lords of there Majestyes privie Counsell being Informed that Jonathan Grant prisoner in the tolbooth of Aberdein who wes Apprehended and Imprisoned by Colonell Buchan at Aberdein as alleadged guilty of the murder of […] serjeant to Major Pattone who wes lately murdered in the Cairne of Month and Considering that it will be a great daill of charges and expenses to bring the said Jonathan to this place In order to a tryall befor the Lords Comissioners of Justiciarie besydes that severall Inconveniencies may aryse by his transportatione And the saids Lords lykewayes considering that the said Jonathan cannot be tryed and judged by any persones in the countrey without ane warrand and Commissione from there Lordships for that effect And ther Lordships being desyrous to have the said matter brought to a tryall that the said Jonathan If guilty may receive Condigne punishment and others may be deterred from Comitting the Lyke crymes in tyme comeing They doe hereby give full power warrand and Commissione to […] or any tuo of them to take tryall of and to Judge and doe Justice upon the said Jonathan Grant And in order thereunto to meet and conveen att […] the […] day of […] and there to accept of this present Comissione and upon there acceptance to administrat the oath of fidelity to the persone whom James Montgomerie of Longshaw Clerk to the Justice court shall deput and substitute to be Clerk to the present Commissione And If the said James Montgomerie shall neglect or delay to deput and substitute a Clerk as said is being requyred thereto With power to the saids Comissioners there said quorum to Choise there oune Clerk For whom they shall be ansuerable With power lykewayes to the saids persones hereby Commissionat or there said quorum to Creat Make and Constitute Serjeants dempsters and other members of court And to Issue out and cause raise precepts or Lybells of Indytement at the instance of […] procurator fiscall for his majestyes interest in the said matter againest the said Jonathan Grant for Summonding and Citeing him and the assysers and witnesses in the ordinarie maner and under the usuall paines and Certificiations To Compear befor the saids Commissioners hereby Commissionatt or there said quorum att […] the […] day of […] with power also to them to amerciat and fyne the absent assysers and witnesses and the amerciaments and fynes to uplift for there oune use and behooff And to adjourne themselves from tyme to tyme to the effect that the pannell being fully heard The saids Commissioners or there said quorum May Judge and determine the relevancie of the Lybell And to Call ane Inquest of Fourty fyve persones who are to be Cited on the assyse of the said Jonathan Grant And out of that Number to choise ane assyse of Fyftein And to administrat to them the ordinarie oath in the usuall termes And with power also to the saids Comissioners or there said quorum To examine the witnesses to be Cited in presence of the said pannell and sworne Inqueist upon the points that shall be admitted to probatione And thereafter to remitt the said Lybell and Interloquitor to be given be them anent the relevancy thereof and the depositiones of the witnesses to be taken in maner forsaid to the knowledge of the said Inqueist and assyse whom they appoint to elect a Chancellor or president with a Clerk and efter reading and perusall of the said Indytement Interloquitor to be pronunced thereon and depositiones of the witnesses to be taken in presence of the said pannell and assyse To Find the Lybell proven againest the said pannell, or to assoilzie him According to Law And as they will be ansuerable to God and a Good conscience That they draw up there verdict accordingly and delyver the samen sealled by the hand of there Chancellour or president to the saids persones or there said quorum whom they hereby authorize and Commissionat to advyse the haill process and verdict of the Inquest with the depositiones of the witnesses And to give and pronunce sentence Condemnator or absolvitor in the said matter according to Justice And in case the saids Judges shall find the pannell guiltie of the Crymes Laid to his charge, With power to the saids Commissioners or there said quorum to decerne and adjudge him to be hanged otherwayes to be execute within such space and after such maner as they shall think fitt And generallie with power to the saids Comissioners or there said quorum to act doe and performe all and sundrie things whatsomever Competent or Incumbent to be acted done and perfomed by any Comissioners of Justiciarie hitherto Nominate and appoynted by the saids Lords of privie Counsell sic subscribitur Tweeddale Cancel: Douglas Crafurd Mortoun Leven Raith Ruthven Polwarth Balfour Ludowick Grant. Robert Sinclair.

At Edinburgh 25 February 1692

A1692/2/1171

Commission by the Council

Commission for trying Jonathan Grant guilty of murder

The lords of their majesties’ privy council being informed that Jonathan Grant prisoner in the tolbooth of Aberdeen, who was apprehended and imprisoned by Colonel Buchan at Aberdeen as alleged guilty of the murder of […] serjeant to Major Patton who was lately murdered in the Cairn o’ Mont, and considering that it will be a great deal of charges and expenses to bring the said Jonathan to this place in order to a trial before the lords commissioners of justiciary, besides that several inconveniencies may arise by his transportation, and the said lords likewise considering that the said Jonathan cannot be tried and judged by any persons in the country without a warrant and commission from their lordships for that effect, and their lordships being desirous to have the said matter brought to a trial that the said Jonathan if guilty may receive condign punishment and others may be deterred from committing the like crimes in time coming, they do hereby give full power, warrant and commission to […] or any two of them to take trial of and to judge and do justice upon the said Jonathan Grant. And in order thereunto to meet and convene at […] the […] day of […] and there to accept of this present commission and upon their acceptance, to administrate the oath of fidelity to the person whom James Montgomerie of Longshaw, clerk to the justice court shall depute and substitute to be clerk to the present commission. And if the said James Montgomerie shall neglect or delay to depute and substitute a clerk as said is, being required thereto, with power to the said commissioners their said quorum to choose their own clerk for whom they shall be answerable. With power likewise to the said persons hereby commissioned or their said quorum to create, make, and constitute serjeants, dempsters, and other members of court, and to Issue out and cause raise precepts or libels of indictment at the instance of […] procurator fiscal for their majesties’ interest in the said matter against the said Jonathan Grant, for summoning and citing him and the assizers and witnesses in the ordinary manner and under the usual pains and certifications to compear before the said commissioners hereby commissioned or their said quorum at […] the […] day of […], with power also to them to amerciate and fine the absent assizers and witnesses, and the amercements and fines to uplift for their own use and behove. And to adjourn themselves from time to time to the effect that the pannel being fully heard the said commissioners or their said quorum may judge and determine the relevancy of the libel. And to call an inquest of forty-five persons who are to be cited on the assize of the said Jonathan Grant, and out of that number to choose an assize of fifteen, and to administrate to them the ordinary oath in the usual terms. And with power also to the said commissioners or their said quorum to examine the witnesses to be cited in presence of the said panel and sworn inquest upon the points that shall be admitted to probation, and thereafter to remit the said libel and interlocutor to be given by them anent the relevancy thereof, and the depositions of the witnesses to be taken in manner foresaid to the knowledge of the said inquest and assize whom they appoint to elect a chancellor or president with a clerk and after reading and perusal of the said indictment, interlocutor to be pronounced thereon and depositions of the witnesses to be taken in presence of the said panel and assize. To find the libel proven against the said panel, or to assoil him according to law and as they will be answerable to God and a good conscience. That they draw up their verdict accordingly and deliver the same sealed by the hand of their chancellor or president to the said persons or their said quorum whom they hereby authorise and commission to advise the whole process and verdict of the inquest with the depositions of the witnesses. And to give and pronounce sentence condemnatory or absolvitory in the said matter according to justice. And in case the said judges shall find the panel guilty of the crimes laid to his charge, with power to the said commissioners or their said quorum to discern and adjudge him to be hanged [or] otherwise to be executed within such space and after such manner as they shall think fit. And generally with power to the said commissioners or their said quorum to act, do, and perform all and sundry things whatsoever competent or incumbent to be acted, done, and performed by any commissioners of justiciary hitherto nominated and appointed by the said lords of privy council. sic subscribitur [John Hay, earl of Tweeddale] chancellor, [James Douglas] marquis of Douglas, [William Lindsay] earl of Crawford, [James Douglas] earl of Morton, [David Leslie] earl of Leven, [Alexander Melville, Lord] Raith, [David, Lord] Ruthven, [Sir Patrick Hume, Lord] Polwarth, [Robert] Balfour, Ludovick Grant, Robert Sinclair.

1. PC1/48, 85-7.

1. PC1/48, 85-7.

Order, 25 February 1692, Edinburgh

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A1692/2/1161

Order

Recomendatione Chrystie Arreisted Colonell Lauders Baggadge

The Lords of there Majestyes privie Counsell doe hereby Recomend to the Lords Commissioners of there Majesties theasurie to Cause present payment be made to […] Chrystie merchand in Stirling At whose Instance Colonell Lauders baggadge which is Instantly transporting abroad for there Majestyes service is arreisted at Leith of the soume of Ane Hundreth and threttie six pounds scotts Contained in ane decreet recovered at the Instance of the said […] Chrystie againest the said Colonell Lauder The said […] Chrystie alwayes Instructing that the said soume is for the pryce of daills of timber furnished be him upon Colonell Lauders orders to the Castle of Stirling

At Edinburgh 25 February 1692

A1692/2/1161

Order

Recommendation Chrystie arrested Colonel Lauder’s baggage

The lords of their majesties’ privy council do hereby recommend to the lords commissioners of their Majesties treasury to cause present payment be made to […] Chrystie, merchant in Stirling, at whose instance Colonel Lauder’s baggage, which is instantly transporting abroad for their majesties’ service, is arrested at Leith of the sum of one hundred and thirty six pounds Scots contained in a decreet recovered at the instance of the said […] Chrystie against the said Colonel Lauder. The said […] Chrystie always instructing that the said sum is for the price of deal of timber furnished by him upon Colonel Lauder’s orders to the castle of Stirling

1. PC1/48, 85.

1. PC1/48, 85.

Act, 25 February 1692, Edinburgh

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Att Edinburgh the Tuentie Fyfth Day of Februarij Jaj vjc Nyntie tuo years

A1692/2/1151

Act

Act Heretors of Balmackghie for stipend

Anent the petition Given in to the Lords of there Majesties privie Counsell be the Heretors of the paroch of Balmackghie Shewing That whereas by the tuentie third act second sessione of there Majestyes Current parliament all vaicand stipends Are appointed to be applyed for pious uses within the paroch True it is the stipend of the Kirk of Balmackghie is vacant for the first half of the year Jaj vjc and Nyntie, And that the Manse of the said paroch is in ane ruinous case and conditione the repairing whereof is a necessarie alswell as pious use And therefor Craveing that there Lordships would be pleased to appoint the stipend of the said paroch for the said first half of the year Jaj vjc and Nyntie to be payed to the petitioners or to there factor for repairing of the said Manse and they shall find Cautione that the same shall be applyed to the use forsaid as the said petitione bears The saids Lords of there Majestyes privie Counsell haveing considered this petitione given in to them be the above heretors of Balmackghie They in respect that Mr James Kirk who hes a gift of this vacand stipend from the patrone hes consented to the granting hereof Doe hereby allow the petitioner the stipend of the said kirk of Balmackghie for the last half of the cropt and year of God Jaj vjc and Nyntie one years to be Imployed for repairing the manse of the said paroch of Balmackghie And Nominates and appoints […] to be factor for uplifting the said half years stipend And ordaines him to be readiely ansuered obeyed and payed therof be the heretors fewers wodsetters Lyfrenters titulars and others Lyable in payment of the said stipend for the said half year And ordaines Letters of horning to be direct hereon at the instance of the said factor againest them for that effect He produceing a decreet of Locality And in case there be none ordaines the heretors and others forsaids Lyable in payment of the said stipend to make payment thereof to the said factor for the said half year According as they shall be decerned be the Judge ordinarie The said factor alwayes befor extracting hereof finding sufficient Cautione acted in the books of privie Counsell that he shall Imploy the said half years stipend upon the repairing the Manse of the said paroch of Balmackghie And Recalls the former act of privie Counsell In favours of the said Mr James Kirk daited the eleaventh day of Februarij Instant In so farr as the same is Innovat hereby

At Edinburgh 15 February 1692

A1692/2/1151

Act

Act heritors of Balmaghie for stipend

Concerning the petition given in to the lords of their majesties’ privy council by the heritors of the parish of Balmaghie, showing that whereas by the twenty third act, second session of their majesties’ current parliament, all vacant stipends are appointed to be applied for pious uses within the parish, true it is the stipend of the kirk of Balmaghie is vacant for the first half of the year 1690, and that the manse of the said parish is in a ruinous case and condition, the repairing whereof is a necessary as well as pious use, and therefore craving that their lordships would be pleased to appoint the stipend of the said parish for the said first half of the year 1690 to be paid to the petitioners or to their factor for repairing of the said manse and they shall find caution that the same shall be applied to the use foresaid as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above heritors of Balmaghie, they in respect that Mr James Kirk, who has a gift of this vacant stipend from the patron, has consented to the granting hereof, doe hereby allow the petitioner the stipend of the said kirk of Balmaghie for the last half of the crop and year of God 1691 years to be employed for repairing the manse of the said parish of Balmaghie. And nominate and appoint […] to be factor for uplifting the said half year’s stipend. And ordain him to be readily answered, obeyed, and paid thereof by the heritors, feuers, wadsetters, liferenters, titulars, and others liable in payment of the said stipend for the said half year. And ordain letters of horning to be directed hereon at the instance of the said factor against them for that effect, he producing a decreet of locality. And in case there be none, ordain the heritors and others foresaid liable in payment of the said stipend to make payment thereof to the said factor for the said half year according as they shall be discerned by the judge ordinary, the said factor always before extracting hereof finding sufficient caution acted in the books of privy council that he shall employ the said half year’s stipend upon the repairing the manse of the said parish of Balmaghie. And Recall the former act of privy council in favour of the said Mr James Kirk dated 11 February instant in so far as the same is innovated hereby

1. PC1/48, 84-5.

1. PC1/48, 84-5.

Act, 25 February 1692, Edinburgh

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Att Edinburgh the Tuentie Fyfth Day of Februarij Jaj vjc Nyntie tuo years

A1692/2/1141

Act

Act Mr James Kirk for stipend

Anent the petition given in to the Lords of there Majesties privie Counsell be Mr James Kirk late minister at Balmackghie within the presbitrie of Kirkcudbright Shewing That where the petitioner wes most Illegallie and unjustly thrust from his Charge at the said church and that without the sentence of any Judicature civill or Ecclesiastick ever yet obtained againest him And being thus necessitate by reasone of some violent spirits againest him among his people to desert his said charge and Remove himself and his Numerous familie by these meanes constrained (verie much to there disadvantage) to Live at Edinburgh and in a mean and verie sober condition And sieing there are now tuo years stipend of the said paroch vacand viz from mertines Jaj vjc and Eightie Nyne till Mertimes last bypast Dureing all which space no minister hes served the Cure in the said church So that none except the petitioner can pretend to have any interest in the said stipend who wes not only most unjustly coaxted to desert his charge as said is But Lykewayes all his plenishing throwen out most barborously upon ane Saturday in the afternoon while it rained most heaviely without Intermissione And in respect that the Laird of Balmaghie who is undoubted patrone of the said Church with some others of the heretors are content to bestow the said stipend upon the petitioner but only craves the saids Lords there authority to be Interponed thereto And therefor craveing that the saids Lords would be pleased to ordaine all heretors wodsetters and others Lyable To make payment to the petitioner of the said tuo years vacand stipend and that for mantenance of his numerous family and reparatione of his Just damnadges sustained in maner above wreitten and in respect of the consent of the said patrone as his subscription subjoyned to the said petitione hes testifyed As the said petitione bears The saids Lords of there Majestyes privie Counsell haveing Considered this petitione Given in to them be the above Mr James Kirk with the consent under the hand of William Mcghie of Balmackgie patrone of the above kirk of Balmackghie In favours of the petitioner for the stipend of the said kirk for the Cropts Jaj vjc and Nyntie, and Jaj vjc and Nyntie one years mentioned therein and subjoyned thereto as aforsaid They hereby allow to the petitioner the stipend of the said kirk of Balmackghie for the haill cropt and year of God Jaj vjc and Nyntie and first half of the cropt and year of God Jaj vjc and Nyntie one and ordaines him to be readiely ansuered obeyed and payed thereof be the heretors fewers wodsetters Lyfrenters and others Lyable in payment of the said stipend for the said year and a half and ordaines Letters of horning to be direct hereon at the petitioners Instance againest them for that effect He produceing a decreet of Locality And in case there be none ordaines the heretors and others forsaids Lyable in payment of the said stipend To make payment thereof to the petitioner for the said year and a half according as they shall be decerned be the Judge ordinarie And recalls the former act of Counsell in favours of the said Mr James Kirk dated the eleaventh day of Februarij Instant In so farr as the same is Innovat hereby

At Edinburgh 25 February 1692

A1692/2/1141

Act

Act Mr James Kirk for stipend

Concerning the petition given in to the lords of their majesties’ privy council by Mr James Kirk, late minister at Balmaghie within the presbytery of Kirkcudbright, showing that where the petitioner was most illegally and unjustly thrust from his charge at the said church and that without the sentence of any judicature, civil or ecclesiastical ever yet obtained against him, and being thus necessitate by reason of some violent spirits against him among his people to desert his said charge and remove himself, and his numerous family by these means constrained (very much to their disadvantage) to live at Edinburgh and in a mean and very sober condition, and seeing there are now two years’ stipend of the said parish vacant viz from Martinmas 1689 till Martinmas last bypast, during all which space no minister has served the cure in the said church, so that none except the petitioner can pretend to have any interest in the said stipend, who was not only most unjustly coaxed to desert his charge as said is but likewise all his plenishings thrown out most barbarously upon a Saturday in the afternoon while it rained most heavily without intermission. And in respect that the laird of Balmaghie, who is undoubted patron of the said church, with some others of the heritors are content to bestow the said stipend upon the petitioner, but only craves the said lords their authority to be interposed thereto, and therefore craving that the said lords would be pleased to ordain all heritors, wadsetters, and others liable to make payment to the petitioner of the said two years’ vacant stipend, and that for maintenance of his numerous family and reparation of his just damages sustained in manner above written and in respect of the consent of the said patron as his subscription subjoined to the said petition has testified 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 James Kirk with the consent under the hand of William McGhie of Balmaghie, patron of the above kirk of Balmaghie, in favours of the petitioner for the stipend of the said kirk for the crops 1690 and 1691 mentioned therein and subjoined thereto as aforesaid, they hereby allow to the petitioner the stipend of the said kirk of Balmaghie for the whole crop and year of God 1690 and first half of the crop and year of God 1691, and ordain him to be readily answered, obeyed, and paid thereof by the heritors, feuers, wadsetters, liferenters, and others liable in payment of the said stipend for the said year and a half. And ordain letters of horning to be directed hereon at the petitioner’s instance against them for that effect, he producing a decreet of locality. And in case there be none, ordain the heritors and others foresaid liable in payment of the said stipend to make payment thereof to the petitioner for the said year and a half according as they shall be discerned by the judge ordinary. And recall the former act of council in favour of the said Mr James Kirk dated 11 February instant in so far as the same is innovated hereby

1. PC1/48, 83-4.

1. PC1/48, 83-4.