Tag Archives: 25 January 1694

Decreet, 25 January 1694, Edinburgh

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Edinburgh the Twentie fifth day of January Jaj vjc nyntie four years

D1694/1/231

Decreet

Decreet James Stewart Against Mr John Chrightone

Anent the Lybell or Complaint pursued befor the Lords of their majesties privy Councill at the instance of James Stewart tennent in Seatton partie grewed with Concourse of Sir James Stewart their majesties advocat for their highnes intrest in the matter underwritten mentioning That albeit by the Lawes and Constitutiones of all weell governed nations and more especially by the Lawes and acts of parliament of this kingdome the intruding into any mans possessione and the violent ejecting of him furth of his lands and houses, And Spulzieing of his goods and plenishing within the Same, And the giveing advyce or Command to doe the samen Be Crymes of a high natur and severly punishable, And by the thretie nynth act parliament sixt of Queen Mary The methods of Warning and removeing of tenants is sett doune and prescryved in order to prevent such Illegall ejectiones nevertheless It is of verity that the pursuers deceast father and his predecessors havieng alse kindly tennants possest four aiker of Land with a dwalling house and office houses belonging to the same pertaineing heritabally to the Earle of Wintoune, And the pursuer himself haveing possest the said aikers house and office houses therof be the space of two years or therby since his fathers decease, And duely payed the rent of the same to the Commissioners for manadging the Earle of Wintounes estate yet upon Frayday the sixteinth day of June instant betwixt thrie and four of the Cloack in the morning John Wright indwaller in seatton late Groom to the said Earle of Wintoun accompanied with George Douglas and James Maleing officers Did come to the ground of the saids aikers and houses, And upon pretence of a warrand most wrongeously and unjustly given by Mr John Chrichtone sometime Captaine under the late King James and now the sole Commissioner Who manadges the Earle of Wintounes estae without any Decreet of removeing or other warrand, or order of Law, They with severall others their accomplices, did most summerly Illegall and violently turne out and dispossess the pursuer his wife, Cheldrein2 servants and familly out of the saids four aikers of Land, house and office houses therof, and did most Crueally thrust his wife and thrie small Childrein to the doors of the said house and did maligne and reproach her with severall base, unworthie and scurillous expressiones and did throw out his goods and plenishing to the open feilds and streets to the value of Two Hundred merks or therby And Therafter caused naill fast the doors of the said house and Caused Lock up his barne door wherin the pleugh graith instruments of Labouring and others were Lyeing and after Locking of the door Caried away the key of the Same, Wherby it will evidently appear that the persones above Complained upon were guilty of ane manifast ryot injurie and oppression And Therfore the said Mr John Chrichtoune Granter of the forsaid unwarrantable order, And the said John Wright at whose instance or for whose behoove the same was obtained And the saids George Douglas and James Mailling executers of the same and other Complices Ought and should not only be Decerned be Decreet of the saids Lords to re-enter and repossess the said pursuer to the said four aikers of Land dwalling houses and office houses therof, in the same caise he was in, the time that he was violently and Illegally ejected furth therof as said is, Bot alsoe They ought and should be Decerned to make payment to the pursuer of the said soume of Two Hundred merks as the worth and value of his houshold plenishing destroyed be the pursuer in the said matter, And Findes they Ought and should be severly punished in their persones and goods to the terror of others to Comitt the like in time comeing And Anent The Charge given in to haill fornamed persones defenders To have Compeired before the saids Lords at ane certaine day now bygone To have answered to the grounds of the above Complaint And to have heard and seen Decreet pronunced therin in maner abovewritten and Likwayes to have heard and seen such order and Course taken theranent as appertaines.

Edinburgh the Twentie fifth day of January Jaj vjc nyntie four years

D1694/1/231

Decreet

Decreet James Stewart Against Mr John Chrightone

Anent the Lybell or Complaint pursued befor the Lords of their majesties privy Councill at the instance of James Stewart tennent in Seatton partie grewed with Concourse of Sir James Stewart their majesties advocat for their highnes intrest in the matter underwritten mentioning That albeit by the Lawes and Constitutiones of all weell governed nations and more especially by the Lawes and acts of parliament of this kingdome the intruding into any mans possessione and the violent ejecting of him furth of his lands and houses, And Spulzieing of his goods and plenishing within the Same, And the giveing advyce or Command to doe the samen Be Crymes of a high natur and severly punishable, And by the thretie nynth act parliament sixt of Queen Mary The methods of Warning and removeing of tenants is sett doune and prescryved in order to prevent such Illegall ejectiones nevertheless It is of verity that the pursuers deceast father and his predecessors havieng alse kindly tennants possest four aiker of Land with a dwalling house and office houses belonging to the same pertaineing heritabally to the Earle of Wintoune, And the pursuer himself haveing possest the said aikers house and office houses therof be the space of two years or therby since his fathers decease, And duely payed the rent of the same to the Commissioners for manadging the Earle of Wintounes estate yet upon Frayday the sixteinth day of June instant betwixt thrie and four of the Cloack in the morning John Wright indwaller in seatton late Groom to the said Earle of Wintoun accompanied with George Douglas and James Maleing officers Did come to the ground of the saids aikers and houses, And upon pretence of a warrand most wrongeously and unjustly given by Mr John Chrichtone sometime Captaine under the late King James and now the sole Commissioner Who manadges the Earle of Wintounes estae without any Decreet of removeing or other warrand, or order of Law, They with severall others their accomplices, did most summerly Illegall and violently turne out and dispossess the pursuer his wife, Cheldrein2 servants and familly out of the saids four aikers of Land, house and office houses therof, and did most Crueally thrust his wife and thrie small Childrein to the doors of the said house and did maligne and reproach her with severall base, unworthie and scurillous expressiones and did throw out his goods and plenishing to the open feilds and streets to the value of Two Hundred merks or therby And Therafter caused naill fast the doors of the said house and Caused Lock up his barne door wherin the pleugh graith instruments of Labouring and others were Lyeing and after Locking of the door Caried away the key of the Same, Wherby it will evidently appear that the persones above Complained upon were guilty of ane manifast ryot injurie and oppression And Therfore the said Mr John Chrichtoune Granter of the forsaid unwarrantable order, And the said John Wright at whose instance or for whose behoove the same was obtained And the saids George Douglas and James Mailling executers of the same and other Complices Ought and should not only be Decerned be Decreet of the saids Lords to re-enter and repossess the said pursuer to the said four aikers of Land dwalling houses and office houses therof, in the same caise he was in, the time that he was violently and Illegally ejected furth therof as said is, Bot alsoe They ought and should be Decerned to make payment to the pursuer of the said soume of Two Hundred merks as the worth and value of his houshold plenishing destroyed be the pursuer in the said matter, And Findes they Ought and should be severly punished in their persones and goods to the terror of others to Comitt the like in time comeing And Anent The Charge given in to haill fornamed persones defenders To have Compeired before the saids Lords at ane certaine day now bygone To have answered to the grounds of the above Complaint And to have heard and seen Decreet pronunced therin in maner abovewritten and Likwayes to have heard and seen such order and Course taken theranent as appertaines.

1. NRS, PC2/24, 325v-326v.

2. The letter ‘s’ scored out here.

1. NRS, PC2/24, 325v-326v.

2. The letter ‘s’ scored out here.

Act, 25 January 1694, Edinburgh

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Edinburgh the Twentie fifth day of January Jaj vjc nyntie four years

D1694/1/221

Act

Act Mr Alexander Alexander anent the repairing the kirk and kirkyeard dykes of Glass

Anent a Petition given in to the Lords of their Majesties privy Councill be Mr Alexander Alexander Minister of the Gospell at the Church of Glass Shewing That quher albeit by severall acts of Parliament the heritors be expressly bound and Oblidged to mantaine and repair the Churches and Church yeard dykes, And that the Church of Glass Wherof the petitioner is incumbent is quite ruined wanted rooff, so that non of the parishioners are able now in this stormie Cold Weather to come to Church to hear sermon neither is the petitioner so much as able to preach therin by reasone of the Cold and raine So as the petitioner is necesitate oft times to preach in barnes and such like places to these who come to divine Service as alsoe the Church yeard dykes are altogither doune so that the Church yeard wherin Christians are buried is become a Comon pasturage for swyne and other bestiall yet the heritors will not meeting and stent themselves and ther being now no Bishop nor any presbytrie established by Law, To quhich the petitioner can make applicatione, As also non of the heritors doe recide within the parish at least the most part of them are very farr distant, and some of them particularly the Laird of Edinglassie who is Cheif heritor according to the Last accompt was in the service of the republict of Venice So that the petitioner Cannot gett them So much as to meett and stent themselves And seing it is not Christian like and very indecent that Churches and Churchyeard dykes should be ruinous, And that ther is non Others to whom the petitioner could make application more fittly then the saids Lords And Therfore Humbly Supplicating to the effect after mentioned The Lords of their majesties privy Councill haveing Considered the above petition given in to them be Mr Alexander Alexander minister at Glass, They heirby nominat and appoint the shirreff depute of the shire of Banff and Sir James Abercrombie of Birkenbog and William Dumbar elder of Durne two of the Commissioners of Supply within the said Shyre, And such of the heritors of the parish of Glass as shall meet with them, To meett at the kirk of Glass upon the furth day of Aprill nixt And incase non of the heritors of the parish doe meet with him To the said shirreff depute and two Commissioners forsaids to meet themselves allone And to take tryall and Cognitione by suficient tradsmen and other qualified and fit persones what the charges and expenses of repairing and makeing suficient the kirk of Glass and kirkyeard dykes of the same will amount to With power to the shirreff depute and two Commissioners with such heritors as shall meet with them, or to the Said Shirreff depute and two Commissioners themselves if no heritors meet with them To Stent the parishioners and heritors of the said parish of Glass For the soume to which the expenses and Charges of repairing and makeing suficient the said kirk and kirkyeard dykes will amount Conforme to the Lawes and acts of parliament And Nominats and Appoints the said Mr Alexander Alexander to be factor for uplifting Ingathering and Collecting of the money to which the parishioners and heritors forsaid shall be stented as said is In Respect the factor before extracting heirof has found suficient Cautione acted in the books of privy Councill That he shall Imploy the money Which shall be Collected be him upon the repairatione of the said kirk and kirk yeard dykes at sight of the shirreff depute, Or the said Sir James Abercrombie Or either of them, And ordaines letters of horning under the Signet of Councill to be direct at the instance of the said factor Against the parishioners and heritors for payment of the Soumes to which they shall be stented as said is, Conforme to a Stent roll therof Containeing the names and Soumes of the persones and proportiones Stented to be subscryved be the shirreff depute and two Commissioners above named with suche heritors (if any be) as meet with them And appoints the said shireff depute To Issue furth precepts for citeing the Commissioners and heritors forsaids to meet at the day and place abovenamed to the effect abovementioned, And appoints the Said Shirreff depute of Bamff to cause make intimatione heirof at the kirk doors of Glass upon the Sabath be fore the day above appointed in the fornoon Imediatly after divine service.

Edinburgh the Twentie fifth day of January Jaj vjc nyntie four years

D1694/1/221

Act

Act Mr Alexander Alexander anent the repairing the kirk and kirkyeard dykes of Glass

Anent a Petition given in to the Lords of their Majesties privy Councill be Mr Alexander Alexander Minister of the Gospell at the Church of Glass Shewing That quher albeit by severall acts of Parliament the heritors be expressly bound and Oblidged to mantaine and repair the Churches and Church yeard dykes, And that the Church of Glass Wherof the petitioner is incumbent is quite ruined wanted rooff, so that non of the parishioners are able now in this stormie Cold Weather to come to Church to hear sermon neither is the petitioner so much as able to preach therin by reasone of the Cold and raine So as the petitioner is necesitate oft times to preach in barnes and such like places to these who come to divine Service as alsoe the Church yeard dykes are altogither doune so that the Church yeard wherin Christians are buried is become a Comon pasturage for swyne and other bestiall yet the heritors will not meeting and stent themselves and ther being now no Bishop nor any presbytrie established by Law, To quhich the petitioner can make applicatione, As also non of the heritors doe recide within the parish at least the most part of them are very farr distant, and some of them particularly the Laird of Edinglassie who is Cheif heritor according to the Last accompt was in the service of the republict of Venice So that the petitioner Cannot gett them So much as to meett and stent themselves And seing it is not Christian like and very indecent that Churches and Churchyeard dykes should be ruinous, And that ther is non Others to whom the petitioner could make application more fittly then the saids Lords And Therfore Humbly Supplicating to the effect after mentioned The Lords of their majesties privy Councill haveing Considered the above petition given in to them be Mr Alexander Alexander minister at Glass, They heirby nominat and appoint the shirreff depute of the shire of Banff and Sir James Abercrombie of Birkenbog and William Dumbar elder of Durne two of the Commissioners of Supply within the said Shyre, And such of the heritors of the parish of Glass as shall meet with them, To meett at the kirk of Glass upon the furth day of Aprill nixt And incase non of the heritors of the parish doe meet with him To the said shirreff depute and two Commissioners forsaids to meet themselves allone And to take tryall and Cognitione by suficient tradsmen and other qualified and fit persones what the charges and expenses of repairing and makeing suficient the kirk of Glass and kirkyeard dykes of the same will amount to With power to the shirreff depute and two Commissioners with such heritors as shall meet with them, or to the Said Shirreff depute and two Commissioners themselves if no heritors meet with them To Stent the parishioners and heritors of the said parish of Glass For the soume to which the expenses and Charges of repairing and makeing suficient the said kirk and kirkyeard dykes will amount Conforme to the Lawes and acts of parliament And Nominats and Appoints the said Mr Alexander Alexander to be factor for uplifting Ingathering and Collecting of the money to which the parishioners and heritors forsaid shall be stented as said is In Respect the factor before extracting heirof has found suficient Cautione acted in the books of privy Councill That he shall Imploy the money Which shall be Collected be him upon the repairatione of the said kirk and kirk yeard dykes at sight of the shirreff depute, Or the said Sir James Abercrombie Or either of them, And ordaines letters of horning under the Signet of Councill to be direct at the instance of the said factor Against the parishioners and heritors for payment of the Soumes to which they shall be stented as said is, Conforme to a Stent roll therof Containeing the names and Soumes of the persones and proportiones Stented to be subscryved be the shirreff depute and two Commissioners above named with suche heritors (if any be) as meet with them And appoints the said shireff depute To Issue furth precepts for citeing the Commissioners and heritors forsaids to meet at the day and place abovenamed to the effect abovementioned, And appoints the Said Shirreff depute of Bamff to cause make intimatione heirof at the kirk doors of Glass upon the Sabath be fore the day above appointed in the fornoon Imediatly after divine service.

1. NRS, PC2/24, 324r-325r.

1. NRS, PC2/24, 324r-325r.

Act, 25 January 1694, Edinburgh

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Edinburgh the Twentie fifth day of January Jaj vjc nyntie four years

D1694/1/211

Act

Act The Commissioners for revaluatione of the shyre of Fyfe

Anent a Petition given in to the Lords of their Majesties privy Councill be The Comissioners of Supply And other qualified heritors of the shyre of Fyfe Shewing That the petitioners being mett at Couper and Kirkaldy upon intimationes made by the Lord Raith Conveener in order either to rectifie or revalue the former valuationes of the said shire, By warrand of the saids Lords act of the date the twentie two day of June Jaj vjc Nyntie thrie years pursueing to ane Remitt of parliament to the saids Lords for that effect And at these meettings the petitioners haveing found a great necessitie for a revaluatione of the wholl shyre Because of the great inequality, And haveing appointed severall sub-Comitties in order to that end in the four presbytries of the shyre The petitioners and the Comitties, doe Find themselves straitend in their procedure by ane quality (It seems) inadvertantly slipt in to the saids Lords act and in the petition to the parliament quherupon that Remitt proceided, viz That one or two of the Commissioners to the parliament for the parliament for the saids shyre be allwayes of the said Committies, Which is utterly Impracticable and does render the act and remitt ilusiorie seing for dispatch of that affair It may be necessar to have at least Eight of those sub Comitties viz two in each presbytrie And altho ther were but four yet it is Imposible for one of the Commissioners to attend every one of these dyets And Mr James Melvill one of them is out of the kingdome, The Lord Enstruther resides not in that shire and is tyed to a publict attendance And all the four Commissioners doe disoune that quality contained in the petition And the Remitt of parliament does not bear it And Therfore Humbly Supplicating to the effect aftermentioned The Lords of their Majesties privy Councill haveing Considered this petitione Given in to them be the above Comissioners of Supply They heirby Authorize and Impower the persones Commissionat to be valuators be the said act or Commission of Councill To appoint Comitties of their oun number And these Committies To meet proceed and act, as by the said act and Commission is allowed, albeit non of the Commissioners of parliament for the above shyre be of the number of the saids Committies nor meet with them And this notwithstanding of any clause of quality insert in the act and Commission of Councill appointing one or more of the saids Commissioners to parliament to be of the number or meet with the saids Committies.

Edinburgh the Twentie fifth day of January Jaj vjc nyntie four years

D1694/1/211

Act

Act The Commissioners for revaluatione of the shyre of Fyfe

Anent a Petition given in to the Lords of their Majesties privy Councill be The Comissioners of Supply And other qualified heritors of the shyre of Fyfe Shewing That the petitioners being mett at Couper and Kirkaldy upon intimationes made by the Lord Raith Conveener in order either to rectifie or revalue the former valuationes of the said shire, By warrand of the saids Lords act of the date the twentie two day of June Jaj vjc Nyntie thrie years pursueing to ane Remitt of parliament to the saids Lords for that effect And at these meettings the petitioners haveing found a great necessitie for a revaluatione of the wholl shyre Because of the great inequality, And haveing appointed severall sub-Comitties in order to that end in the four presbytries of the shyre The petitioners and the Comitties, doe Find themselves straitend in their procedure by ane quality (It seems) inadvertantly slipt in to the saids Lords act and in the petition to the parliament quherupon that Remitt proceided, viz That one or two of the Commissioners to the parliament for the parliament for the saids shyre be allwayes of the said Committies, Which is utterly Impracticable and does render the act and remitt ilusiorie seing for dispatch of that affair It may be necessar to have at least Eight of those sub Comitties viz two in each presbytrie And altho ther were but four yet it is Imposible for one of the Commissioners to attend every one of these dyets And Mr James Melvill one of them is out of the kingdome, The Lord Enstruther resides not in that shire and is tyed to a publict attendance And all the four Commissioners doe disoune that quality contained in the petition And the Remitt of parliament does not bear it And Therfore Humbly Supplicating to the effect aftermentioned The Lords of their Majesties privy Councill haveing Considered this petitione Given in to them be the above Comissioners of Supply They heirby Authorize and Impower the persones Commissionat to be valuators be the said act or Commission of Councill To appoint Comitties of their oun number And these Committies To meet proceed and act, as by the said act and Commission is allowed, albeit non of the Commissioners of parliament for the above shyre be of the number of the saids Committies nor meet with them And this notwithstanding of any clause of quality insert in the act and Commission of Councill appointing one or more of the saids Commissioners to parliament to be of the number or meet with the saids Committies.

1. NRS, PC2/24, 323v-324r.

1. NRS, PC2/24, 323v-324r.

Procedure, 25 January 1694, Edinburgh

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Edinburgh the Twentie fifth day of January Jaj vjc nyntie four years

D1694/1/201

Procedure

Remitt Mr Thomas Forrester Against The parishioners of St Androwes.

Anent the bill of suspension given in and presented to the Lords of their Majesties privy Councill be Thomas Beathun principall Tacksman of the lands and Estate of Dairsie and that part of Kincaple belonging belonging2 therto and John Barclay and […] Miller in Kincaple his Subtennents Robert Leuterne portioner of Kincaple and David Duncan, John Hersburgh, Margrat Fowller Margrat Dick and Jannet Ramsay his tenants in Kincaple, James Corstorphin in Nydie and Walter Buist ther his tennant Hellen and Elizabeth Geddies portioners of Newtoune of Nydie and George Fleyming their 3 ther tenant Shewing That quher the petitioners and their saids tenants are lately charged be vertue of letters of horning purchast by the saids Lords Deliverance at the instance of Mr Thomas Forrester minister at St Androwes To make payment to him as minister forsaid of the particular quantities and bolls of victuall respective aftermentioned viz the said John Barclay the number of six bolls of Wheat nyne bolls of bear and twentie one bolls of Oatts and the said […] Miller of the number of Four bolls of What six bolls of bear and Fourtein bolls of oats, Item the said David Duncan of the number of two bolls of Wheat thrie bolls of bear and seven bolls of oatts, And the said John Horsburgh of the like number of two bolls wheat thrie bolls bear and seven bolls oats, And the said Margrat Fowller of the like number of two bolls wheat thrie bolls bear and seven bolls oats and the said Margaret Dick of the number of Four bolls wheat six bolls bear and Fourtein bolls oatts and the said Jannet Ramsay of the number of two bolls wheat thrie bolls bear and seven bolls oaths and the said Walter Buist of the number of Four bolls wheat Eight bolls bear and Eightein bolls oats, and the said Thomas Fleyming of the number of six bolls bear and twelue bolls Oats for the cropt and year of god Jaj vjc nyntie thrie years last by past and that as ane part of the said charger his pretended Locall modified stipend alledged payable furth of the saids Lands posest be the petitioners for the said cropt and year of god Jaj vjc nyntie thrie years, And of the like quantities yearly in time comeing dureing his serving the cure at the said kirk Conforme to ane act alledged granted by the saids Lords in favors of the said charger of the date the twentie Eight of november last by past within one short space nixt after the charge Under the paine of rebellion etc and who for alledged Disobedience intends to cause Denunce the petitioners rebells and put them to the horne and poynd ther goods and geir most wrongeously and unjustly Considering It is of verity That the said pretended act (if any be) in favors of the said Charger is Impetrat and procured by him without any previous Citatione given to them and as may appear by the charges produced upon a misrepresentatione made be the charger or his debitors that the forsaid quantities of victuall charged for are ane part of the Locall modified stipend belonging to the charger as minister at St Androws Which is a gross Misrepresentatione and mistake of the matter of fact the samen never haveing pertained to him or any other minister of St Androwes qua tatis as ane part of the Locall modified stipend Bot being allwayes as is nottour, and as the Charger Cannot deny upon his oath ane part of the rent and dutie pertaineing and paybale by the petitioners and ther predecessors to the archdeane of St Androwes or to these haveing right therto as ane part of the patrimonie of the said archdeanrie But were never knowen to repute to be ane part of the Locall modified stipend payable to the minister of St Androwes, And the treuth is that the said Charger is otherwayes provyded to ane distinct and perhapes Competent modified stipend of Ten Chalders of victuall payable to him as minister forsaid out of the other Lands quherof he is in possessione besyde his Gleib and manse as he will not deny upon oath or if need bees shall be Otherwayes instructed to the saids Lords And Therfore seing as appears by the charges given to the petitioners and therwith produced bearing that the saids quantities of victuall are due and payable to the charger as ane part of his Locall modified stipend qua minister at St Androwes, The said act has been procured by the charger or his doers upon that mistake or misrepresentatione The petitioners cannot be in tuto to make payment of the said victuall to him without representing the true matter of fact to the saids Lords least by the saids 4 petitioners by ther Collusive taciturnitie might be made Lyable in double payment to any Collector or other persone who perhaps may heirafter get ane Commission to uplift, or gift of the rents of the Archdeanrie from their majesties Secundo By the late acts of parliament abollishing dignities in the Church above single ministers and presbyters The wholl amoluments titles rents and Casualities formerly belonging to Bishop archdeans and other late Dignitaries in the Church have accessed and doe now belong to the kings majestie and perhaps may requyre his majesties warrand or order to the Disposeing therupon and defacto since the abolutione of Episcopacy Alexander Hamilton of Kinkell by vertue of his Commission did intromitt with and uplift the forsaid quantities of victuall for severall years as ane part of the rent of the Arch-Deanrie of Standrowes, And if the former minister got any right to any part therof It is like the same has aither been upon misrepresentatione or mistake or else it was by ane express gift of ane part of the rents of the archdeanrie, and not as ane part of his Locall modified stipend, Which this charger by the Charges given to the petitioners and produced expressly asserts the samen to be Tertio It is humbly informed and represented that if the rent Emoluments and Casualties of the Archdeanrie of Standrowes now pertaineing to his majestie by the acts of abolutione should be allowed to pertaine to the minister as ane part of his Locall modified Stipend The samen with his other ordinar stipend properly belonging to the minister of St Androwes would extend yearly to above twentie five Chalders of victuall quherof ane great part Wheat and bear besyde Other Casualities belonging to the said late dignitarie which is farr beyond the ordinar stipend allowed to ministers And which the petitioners thought themselves oblidged to represent to the saids Lords Least they might be Looked upon as Colluders with the Charger in concealling the true matter of fact And Therupon Compelled to pay the saids duties over againe By all quhich the saids Lords might perceive that they have Just ground to look to their oun Securitie, and prevent the hazard of double payment though ther taciturnity or Colusione And Therfore the saids letters and Charges Ought to be Simplicitur Suspended, nevertheless for the more securitie They the saids principall tacksmen and heritors forsaid are Content to become Cautioners each of them for others and for the saids tennants That they shall make payment to the said Charger of the saids quantities of victuall Charged for incase It shall be found be the saids Lords that they ought to doe the same And Therfore the letters and Charges ought to be suspended etc. And Therfore Humbly Craveing the saids Lords to grant letters of suspensione at their instances for sumonding the said charger To Compeir before the saids Lords at ane Certaine day Bringing with him the forsaids letters and Charges and haill grounds and Warrands therof To have been seen and Considered be the saids Lords and to have heard and seen the samen haill effect and executione therof simplicitur suspended upon the said suspenders in all tyme therafter as the said bill of suspensione bears The Lords of their Majesties privy Councill given in to them be the above parishioners of St Androwes read in their presence They heirby Remit the same to the Lords of Exchequer to be Called and discussed before them and sists all executione upon the above Charge Untill the nynth day of February nixt inclusive And allow the Charger to see and answer the bill against the said day.

Edinburgh the Twentie fifth day of January Jaj vjc nyntie four years

D1694/1/201

Procedure

Remitt Mr Thomas Forrester Against The parishioners of St Androwes.

Anent the bill of suspension given in and presented to the Lords of their Majesties privy Councill be Thomas Beathun principall Tacksman of the lands and Estate of Dairsie and that part of Kincaple belonging belonging2 therto and John Barclay and […] Miller in Kincaple his Subtennents Robert Leuterne portioner of Kincaple and David Duncan, John Hersburgh, Margrat Fowller Margrat Dick and Jannet Ramsay his tenants in Kincaple, James Corstorphin in Nydie and Walter Buist ther his tennant Hellen and Elizabeth Geddies portioners of Newtoune of Nydie and George Fleyming their 3 ther tenant Shewing That quher the petitioners and their saids tenants are lately charged be vertue of letters of horning purchast by the saids Lords Deliverance at the instance of Mr Thomas Forrester minister at St Androwes To make payment to him as minister forsaid of the particular quantities and bolls of victuall respective aftermentioned viz the said John Barclay the number of six bolls of Wheat nyne bolls of bear and twentie one bolls of Oatts and the said […] Miller of the number of Four bolls of What six bolls of bear and Fourtein bolls of oats, Item the said David Duncan of the number of two bolls of Wheat thrie bolls of bear and seven bolls of oatts, And the said John Horsburgh of the like number of two bolls wheat thrie bolls bear and seven bolls oats, And the said Margrat Fowller of the like number of two bolls wheat thrie bolls bear and seven bolls oats and the said Margaret Dick of the number of Four bolls wheat six bolls bear and Fourtein bolls oatts and the said Jannet Ramsay of the number of two bolls wheat thrie bolls bear and seven bolls oaths and the said Walter Buist of the number of Four bolls wheat Eight bolls bear and Eightein bolls oats, and the said Thomas Fleyming of the number of six bolls bear and twelue bolls Oats for the cropt and year of god Jaj vjc nyntie thrie years last by past and that as ane part of the said charger his pretended Locall modified stipend alledged payable furth of the saids Lands posest be the petitioners for the said cropt and year of god Jaj vjc nyntie thrie years, And of the like quantities yearly in time comeing dureing his serving the cure at the said kirk Conforme to ane act alledged granted by the saids Lords in favors of the said charger of the date the twentie Eight of november last by past within one short space nixt after the charge Under the paine of rebellion etc and who for alledged Disobedience intends to cause Denunce the petitioners rebells and put them to the horne and poynd ther goods and geir most wrongeously and unjustly Considering It is of verity That the said pretended act (if any be) in favors of the said Charger is Impetrat and procured by him without any previous Citatione given to them and as may appear by the charges produced upon a misrepresentatione made be the charger or his debitors that the forsaid quantities of victuall charged for are ane part of the Locall modified stipend belonging to the charger as minister at St Androws Which is a gross Misrepresentatione and mistake of the matter of fact the samen never haveing pertained to him or any other minister of St Androwes qua tatis as ane part of the Locall modified stipend Bot being allwayes as is nottour, and as the Charger Cannot deny upon his oath ane part of the rent and dutie pertaineing and paybale by the petitioners and ther predecessors to the archdeane of St Androwes or to these haveing right therto as ane part of the patrimonie of the said archdeanrie But were never knowen to repute to be ane part of the Locall modified stipend payable to the minister of St Androwes, And the treuth is that the said Charger is otherwayes provyded to ane distinct and perhapes Competent modified stipend of Ten Chalders of victuall payable to him as minister forsaid out of the other Lands quherof he is in possessione besyde his Gleib and manse as he will not deny upon oath or if need bees shall be Otherwayes instructed to the saids Lords And Therfore seing as appears by the charges given to the petitioners and therwith produced bearing that the saids quantities of victuall are due and payable to the charger as ane part of his Locall modified stipend qua minister at St Androwes, The said act has been procured by the charger or his doers upon that mistake or misrepresentatione The petitioners cannot be in tuto to make payment of the said victuall to him without representing the true matter of fact to the saids Lords least by the saids 4 petitioners by ther Collusive taciturnitie might be made Lyable in double payment to any Collector or other persone who perhaps may heirafter get ane Commission to uplift, or gift of the rents of the Archdeanrie from their majesties Secundo By the late acts of parliament abollishing dignities in the Church above single ministers and presbyters The wholl amoluments titles rents and Casualities formerly belonging to Bishop archdeans and other late Dignitaries in the Church have accessed and doe now belong to the kings majestie and perhaps may requyre his majesties warrand or order to the Disposeing therupon and defacto since the abolutione of Episcopacy Alexander Hamilton of Kinkell by vertue of his Commission did intromitt with and uplift the forsaid quantities of victuall for severall years as ane part of the rent of the Arch-Deanrie of Standrowes, And if the former minister got any right to any part therof It is like the same has aither been upon misrepresentatione or mistake or else it was by ane express gift of ane part of the rents of the archdeanrie, and not as ane part of his Locall modified stipend, Which this charger by the Charges given to the petitioners and produced expressly asserts the samen to be Tertio It is humbly informed and represented that if the rent Emoluments and Casualties of the Archdeanrie of Standrowes now pertaineing to his majestie by the acts of abolutione should be allowed to pertaine to the minister as ane part of his Locall modified Stipend The samen with his other ordinar stipend properly belonging to the minister of St Androwes would extend yearly to above twentie five Chalders of victuall quherof ane great part Wheat and bear besyde Other Casualities belonging to the said late dignitarie which is farr beyond the ordinar stipend allowed to ministers And which the petitioners thought themselves oblidged to represent to the saids Lords Least they might be Looked upon as Colluders with the Charger in concealling the true matter of fact And Therupon Compelled to pay the saids duties over againe By all quhich the saids Lords might perceive that they have Just ground to look to their oun Securitie, and prevent the hazard of double payment though ther taciturnity or Colusione And Therfore the saids letters and Charges Ought to be Simplicitur Suspended, nevertheless for the more securitie They the saids principall tacksmen and heritors forsaid are Content to become Cautioners each of them for others and for the saids tennants That they shall make payment to the said Charger of the saids quantities of victuall Charged for incase It shall be found be the saids Lords that they ought to doe the same And Therfore the letters and Charges ought to be suspended etc. And Therfore Humbly Craveing the saids Lords to grant letters of suspensione at their instances for sumonding the said charger To Compeir before the saids Lords at ane Certaine day Bringing with him the forsaids letters and Charges and haill grounds and Warrands therof To have been seen and Considered be the saids Lords and to have heard and seen the samen haill effect and executione therof simplicitur suspended upon the said suspenders in all tyme therafter as the said bill of suspensione bears The Lords of their Majesties privy Councill given in to them be the above parishioners of St Androwes read in their presence They heirby Remit the same to the Lords of Exchequer to be Called and discussed before them and sists all executione upon the above Charge Untill the nynth day of February nixt inclusive And allow the Charger to see and answer the bill against the said day.

1. NRS, PC2/24, 321v-323v.

2. Sic.

3. One illegible word scored out here.

4. The word ‘Lords’ scored out here.

1. NRS, PC2/24, 321v-323v.

2. Sic.

3. One illegible word scored out here.

4. The word ‘Lords’ scored out here.

Act, 25 January 1694, Edinburgh

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Edinburgh the Twentie fifth day of January Jaj vjc nyntie four years

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Act

Act John Moor provest of Air

Anent a Petition given in to the Lords of their Majesties privy Councill be John Moor provest of Air Shewing That quher the saids Lords by their gift of the date the Eleventh day of […] Jaj vjc nyntie […] years Did bestow on the burgh of Air ane years vaccand stipend for the repairing of their key For the performance of which the petitioner gave his bond to the saids Lords And now seeing that the said stipend is Imployed for the end forsaid as the act of Councill of the said burgh subjoyned to the accompt therwith produced would testifie And Therfore Humbly Supplicating to the effect aftermentioned The Lords of their Majesties privy Councill Haveing Considered the above petitione with the instructiones and verificationes therof They heirby Give order and warrand to their Clerks of Councill to give up and deliver to the petitioner the bond given be him the time of extracting the above act of Councill for doeing quherof this shall be a Suficient warrand.

Edinburgh the Twentie fifth day of January Jaj vjc nyntie four years

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Act

Act John Moor provest of Air

Anent a Petition given in to the Lords of their Majesties privy Councill be John Moor provest of Air Shewing That quher the saids Lords by their gift of the date the Eleventh day of […] Jaj vjc nyntie […] years Did bestow on the burgh of Air ane years vaccand stipend for the repairing of their key For the performance of which the petitioner gave his bond to the saids Lords And now seeing that the said stipend is Imployed for the end forsaid as the act of Councill of the said burgh subjoyned to the accompt therwith produced would testifie And Therfore Humbly Supplicating to the effect aftermentioned The Lords of their Majesties privy Councill Haveing Considered the above petitione with the instructiones and verificationes therof They heirby Give order and warrand to their Clerks of Councill to give up and deliver to the petitioner the bond given be him the time of extracting the above act of Councill for doeing quherof this shall be a Suficient warrand.

1. NRS, PC2/24, 321r-321v.

1. NRS, PC2/24, 321r-321v.

Act, 25 January 1694, Edinburgh

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Act

Act For receiveing James Currie Cautioner of Bruce of Newtoune

Anent a Petition given in to the Lords of their Majesties privy Councill be William Bruce of Newton Shewing That quher the petitioner being Charged at the instance of John Johnstone of Poltoune and Edward Wright sone to the deceast Mr Edward Wright advocat and severall others be vertue of Letters of Laborrowes raised by warrand of the saids Lords Ther is ane Caption taken out at their instance be vertue quherof for not finding Cautione the petitioner is incarcerat within the 2 Tolbooth of Edinburgh Which is done most maliciously they being this severall years in possession of his wholl estate wherby the petitioner was altogither incapacitate from finding of sovertie and upon which Charge they never insisted untill the petitioner did insist in ane process of Compt and reckoning against the said John Johnstone Wherby to make appear that his debts are wholly satisfied off purpose to incapacitat the petitioners from prosecutione therof And Seing the will of the letters is only to the effect the petitioner may find Cautione and that it is very weell knowen the petitioner never did offer any injurie to any of the pursuers and that the petitioner has offered James Currie late provest of Edinburgh as Cautioner for the petitioner whom the Clerk does refuse to accept of without the saids Lords Speciall warrand, And Regaird he is sufficient and that the petitioner is not able to gett any other in his present Circumstances And Therfore Humbly Suplicating to the effect aftermentioned The Lords of their Majesties privy Councill haveing Considered this petitione, They heirby Give order and Warrand to the Clerks of privy Councill To receive the above James Currie as Cautioner for the petitioner in the above suspension of Labborrowes and therupon to exped the suspensione relaxatione and Charge to put at Libbertie.

Edinburgh the Twentie fifth day of January Jaj vjc nyntie four years

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Act

Act For receiveing James Currie Cautioner of Bruce of Newtoune

Anent a Petition given in to the Lords of their Majesties privy Councill be William Bruce of Newton Shewing That quher the petitioner being Charged at the instance of John Johnstone of Poltoune and Edward Wright sone to the deceast Mr Edward Wright advocat and severall others be vertue of Letters of Laborrowes raised by warrand of the saids Lords Ther is ane Caption taken out at their instance be vertue quherof for not finding Cautione the petitioner is incarcerat within the 2 Tolbooth of Edinburgh Which is done most maliciously they being this severall years in possession of his wholl estate wherby the petitioner was altogither incapacitate from finding of sovertie and upon which Charge they never insisted untill the petitioner did insist in ane process of Compt and reckoning against the said John Johnstone Wherby to make appear that his debts are wholly satisfied off purpose to incapacitat the petitioners from prosecutione therof And Seing the will of the letters is only to the effect the petitioner may find Cautione and that it is very weell knowen the petitioner never did offer any injurie to any of the pursuers and that the petitioner has offered James Currie late provest of Edinburgh as Cautioner for the petitioner whom the Clerk does refuse to accept of without the saids Lords Speciall warrand, And Regaird he is sufficient and that the petitioner is not able to gett any other in his present Circumstances And Therfore Humbly Suplicating to the effect aftermentioned The Lords of their Majesties privy Councill haveing Considered this petitione, They heirby Give order and Warrand to the Clerks of privy Councill To receive the above James Currie as Cautioner for the petitioner in the above suspension of Labborrowes and therupon to exped the suspensione relaxatione and Charge to put at Libbertie.

1. NRS, PC2/24, 320v-321r.

2. Marginal note: ‘T F’.

1. NRS, PC2/24, 320v-321r.

2. Marginal note: ‘T F’.

Sederunt, 25 January 1694, Edinburgh

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Edinburgh the Twentie fifth day of January Jaj vjc nyntie four years1

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Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Anandale; Earl of Forfar; Viscount Tarbat; Lord Raith TD; Lord Ross; Lord Beilhaven; Lord Polwart; Master of Forbes; Lord advocat; Lord Hatton; Lord Enstruther; Sir Thomas Livingston

Edinburgh the Twentie fifth day of January Jaj vjc nyntie four years1

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Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Anandale; Earl of Forfar; Viscount Tarbat; Lord Raith TD; Lord Ross; Lord Beilhaven; Lord Polwart; Master of Forbes; Lord advocat; Lord Hatton; Lord Enstruther; Sir Thomas Livingston

1. NRS, PC2/24, 320v.

2. NRS, PC2/24, 320v.

1. NRS, PC2/24, 320v.

2. NRS, PC2/24, 320v.

Warrant, 25 January 1694, Edinburgh

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Att Edinburgh the tuentie fifth day of January Jaj vic nyntie four years

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Warrant

Warrand for changing Peter Bells Confynment from Paslay to Glasgow

The Lords of their Majesties privy Councell Having Considered a Letter from Sir John Maxuell of Pollock to Sir James Steuart their Majesties Advocat which the Lord Advocat redd in their presence Giving account of the dangerous conditione of body of Peter Bell merchant in Glasgow presently Confyned to the toune of Paslay They heirby allow the said Patrick Bell to transport himself from the said toune of Paslay to the house of […] Bell his father in glasgow And ordaines him to remaine Confyned in the said toune of Glasgow and not Goe furth therof uithout their Lordships speciall warrand for that effect In respect He hes Given bond and found sufficient Cautione acted in the books of privy Councell That he shall straight way repaire to the said toune of Glasgow And that he shall remaine Confyned uithin the same and not Goe furth therof as said is And in the mean tyme that he shall Live peacably under and uith all submissione to the present government of their Majesties King William and Queen Mary And that he shall not Act Consult nor Contryve any thing in prejudice therof nor Converss or Correspond uith any rebells And that he shall appear before the Lords of privy Councell when called for under the penaltie of six thousand merks scotts In caise he shall transgress in any part of the premisses.

At Edinburgh 25 January 1694

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Warrant

Warrant for changing Peter Bell’s confinement from Paisley to Glasgow

The lords of their majesties’ privy council having considered a letter from Sir John Maxwell of Pollok to Sir James Stewart, their majesties’ advocate, which the lord advocate read in their presence giving account of the dangerous condition of body of Peter Bell, merchant in Glasgow, presently confined to the town of Paisley, they hereby allow the said Patrick Bell to transport himself from the said town of Paisley to the house of […] Bell, his father, in Glasgow, and ordain him to remain confined in the said town of Glasgow and not go forth thereof without their lordships’ special warrant for that effect, in respect he has given bond and found sufficient caution acted in the books of privy council that he shall straight away repair to the said town of Glasgow, and that he shall remain confined within the same and not go forth thereof as said is, and in the meantime that he shall live peaceably under and with all submission to the present government of their majesties King William and Queen Mary, and that he shall not act, consult, nor contrive anything in prejudice thereof, nor converse or correspond with any rebels, and that he shall appear before the lords of privy council when called for under the penalty of 6,000 merks Scots in case he shall transgress in any part of the premisses.

1. NRS, PC1/49, 236-7.

1. NRS, PC1/49, 236-7.

Warrant, 25 January 1694, Edinburgh

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Warrant

Warrand to Sir Thomas Livingstoune to beat drums for Levying tuo troopes of dragoones

Warrand Granted to Sir Thomas Livingstoune Commander in cheiff of their Majesties forces uithin this kingdome to beat drums of Levying tuo new troopes of dragoones besyds the troups of his oune regiment already Levyed Conforme to former orders in lyke caises

At Edinburgh 25 January 1694

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Warrant

Warrant to Sir Thomas Livingstone to beat drums for levying two troops of dragoons

Warrant granted to Sir Thomas Livingstone, commander in chief of their majesties’ forces within this kingdom, to beat drums of levying two new troops of dragoons besides the troops of his own regiment already levied conform to former orders in like cases.

1. NRS, PC1/49, 236.

1. NRS, PC1/49, 236.

Warrant, 25 January 1694, Edinburgh

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Att Edinburgh the tuentie fifth day of January Jaj vic nyntie four years

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Warrant

Warrand for transporting Serjant Park

The Lords of their Majesties privy Councell Doe Heirby Recommend to Sir Thomas Livingstoune Commander In cheiff of their Majesties forces uithin this kingdome to Cause Convoy under a sufficient guaird from the toune of Paslay to Edinburgh Serjant John Park in Captaine Home his Company in the Lord Strathnaver his regiment who suffered Fergus Templetoune souldier in the said Captain Home his Company and in the said Lord Strathnaver his regiment to make his escape whill he was prisoner for alleadged murdering one of the fewars of Dunlope and to delyver the said Serjant Park to the Magistrats of Edinburgh and keeper of their tolbooth whom the saids Lords doe heirby requyre to receave and detaine prisoner in the said tolbooth till farder ordor of Councell or till he be prosecute according to Law

At Edinburgh 25 January 1694

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Warrant

Warrant for transporting Sergeant Park

The lords of their majesties’ privy council so hereby recommend to Sir Thomas Livingstone, commander in chief of their majesties’ forces within this kingdom, to cause convoy under a sufficient guard from the town of Paisley to Edinburgh Sergeant John Park in Captain Home his company in [William Gordon] the Lord Strathnaver his regiment, who suffered Fergus Templeton, soldier in the said Captain Home his company and in the said Lord Strathnaver his regiment, to make his escape while he was prisoner for alleged murdering one of the feuars of Dunlop, and to deliver the said Sergeant Park to the magistrates of Edinburgh and keeper of their tolbooth, whom the said lords do hereby require to receive and detain prisoner in the said tolbooth till further order of council or till he be prosecuted according to law

1. NRS, PC1/49, 236.

1. NRS, PC1/49, 236.