Tag Archives: 25 July 1695

Act, 25 July 1695, Edinburgh

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Edinburgh the 25th Jully 1695

D1695/7/541

Act

Act Mr Rule and Mr Monro anent the stipend of Stirling

The Lords of his Majesties privy Councill having Considered two severall petitiones given into them be Mr John Monro late minister of Stirling with two other petitiones given in to them be Mr Robert Rule minister of Stirling The first of which petitiones being be way of answer to Mr Monro’s first petitione They heirby allow the said Mr John Monro the stipend belonging to the second minister of Stirling and that for the haill Cropt and year of God Jaj vjc nyntie four years, and Finds that the said Mr Robert Rule has right to the first Ministers Stipend of the said toune of Stirling for the haill Cropt and year of God Jaj vjc nyntie four and yearly and termly sincesyne and in time comeing dureing his Continueing first Minister ther, And Decernes and Ordaines The heritors fewers Wodsetters Lyfrenters titullars tacksmen of teynds tennents possessors and others Lyable in payment of the saids stipends to make payment to the said Mr John Monro of the second ministers stipend for the haill cropt and year of God Jaj vjc nyntie four and to the said Mr Robert Rule of the first ministers stipend for the said year and yearly and termly sincesyn and in time comeing dureing his Continueing first minister The termes of payment of the same being allwayes first come and bygone And Ordaines letters of horning to be direct hereon at the said Mr John Monro and Mr Robert Rule their respective instances upon production of a decreet of Locality, And incase ther be non Ordaines the heritors and others Lyable in payment of the saids stipends to make payment of their respective proportiones of the said first and second ministers stipends according as they shall be Decerned by the Judge ordinary.

 

Edinburgh the 25th Jully 1695

D1695/7/541

Act

Act Mr Rule and Mr Monro anent the stipend of Stirling

The Lords of his Majesties privy Councill having Considered two severall petitiones given into them be Mr John Monro late minister of Stirling with two other petitiones given in to them be Mr Robert Rule minister of Stirling The first of which petitiones being be way of answer to Mr Monro’s first petitione They heirby allow the said Mr John Monro the stipend belonging to the second minister of Stirling and that for the haill Cropt and year of God Jaj vjc nyntie four years, and Finds that the said Mr Robert Rule has right to the first Ministers Stipend of the said toune of Stirling for the haill Cropt and year of God Jaj vjc nyntie four and yearly and termly sincesyne and in time comeing dureing his Continueing first Minister ther, And Decernes and Ordaines The heritors fewers Wodsetters Lyfrenters titullars tacksmen of teynds tennents possessors and others Lyable in payment of the saids stipends to make payment to the said Mr John Monro of the second ministers stipend for the haill cropt and year of God Jaj vjc nyntie four and to the said Mr Robert Rule of the first ministers stipend for the said year and yearly and termly sincesyn and in time comeing dureing his Continueing first minister The termes of payment of the same being allwayes first come and bygone And Ordaines letters of horning to be direct hereon at the said Mr John Monro and Mr Robert Rule their respective instances upon production of a decreet of Locality, And incase ther be non Ordaines the heritors and others Lyable in payment of the saids stipends to make payment of their respective proportiones of the said first and second ministers stipends according as they shall be Decerned by the Judge ordinary.

 

1. NRS, PC2/25, 311v-312r.

1. NRS, PC2/25, 311v-312r.

Act, 25 July 1695, Edinburgh

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Edinburgh the 25th Jully 1695

D1695/7/531

Act

Act Anent Coper Coyne Lady Cardross

The Lords of his Majesties privy Councill having Considered a report made to them be Sir James Stewart his Majesties Advocat anent the Coper and the quantities to be Coyned and the times of Coyning these quantities They heirby authorize Catharin Lady Cardross who has right to the deceast husbands gift mentioned in the said report and to the master of the mint To goe on with the Coynage of the Complement of the said Copper Coyne for the year Jaj vjc nyntie four untill December nixt, and to begin the Coynage of the Fifth, Fyve hundred stone the first of the said moneth of December nixt untill December Jaj vjc nyntie six years and from December Jaj vjc nyntie six to December Jaj vjc nyntie seven to Compleat the Last fyve hundreth stone of the thrie thousand stone allowed to be Coyned in six years.

Edinburgh the 25th Jully 1695

D1695/7/531

Act

Act Anent Coper Coyne Lady Cardross

The Lords of his Majesties privy Councill having Considered a report made to them be Sir James Stewart his Majesties Advocat anent the Coper and the quantities to be Coyned and the times of Coyning these quantities They heirby authorize Catharin Lady Cardross who has right to the deceast husbands gift mentioned in the said report and to the master of the mint To goe on with the Coynage of the Complement of the said Copper Coyne for the year Jaj vjc nyntie four untill December nixt, and to begin the Coynage of the Fifth, Fyve hundred stone the first of the said moneth of December nixt untill December Jaj vjc nyntie six years and from December Jaj vjc nyntie six to December Jaj vjc nyntie seven to Compleat the Last fyve hundreth stone of the thrie thousand stone allowed to be Coyned in six years.

1. NRS, PC2/25, 311v.

1. NRS, PC2/25, 311v.

Order, 25 July 1695, Edinburgh

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Edinburgh the 25th Jully 1695

D1695/7/521

Order

Recomendation Sir John Monro of Fowllis

Anent a petition given in to the Lords of his majesties privy Councill be Sir John Monro of Fowlls Shewing That quher he did upon his oun proper Charges Mantaine the Garison of Foulles for the Space of ten moneths and ane half Conforme to a particular accompt therof therwith produced and quherupon the petitioner hath made faith before the Commissioners of supply and which accompt was for meat Drink and subsistance money And Therfore Humbly Craving the saids Lords would recomend to the Commissioners of parliament for payment of the soume Contained in the said accompt as the petition bears The Lords of his majesties privy Councill having Considered this petition given in to them be the above Sir John Monro with the accompt and petitioners oath taken before the Commissioners of Supply mentioned therin and produced therwith They Find that ther is resting to the petitioner for money meat and Drink furnished and advanced to the Garison of Foulls frae the tenth of June Jaj vjc nyntie to the thretein of aprill Jaj vjc nyntie one years The soume of Two hundred and ten punds fourtein shilling sterling and that the same Is over and above what is yet resting of the Captaine and Livetenants pay of the said Garison And Recomends to the Commissioners of parliament appointed anent the polemoney To Cause make payment to the said petitioner of the said soume of Two Hundreth and ten punds fourtein shilling sterling and that out of the said polemoney.

Edinburgh the 25th Jully 1695

D1695/7/521

Order

Recomendation Sir John Monro of Fowllis

Anent a petition given in to the Lords of his majesties privy Councill be Sir John Monro of Fowlls Shewing That quher he did upon his oun proper Charges Mantaine the Garison of Foulles for the Space of ten moneths and ane half Conforme to a particular accompt therof therwith produced and quherupon the petitioner hath made faith before the Commissioners of supply and which accompt was for meat Drink and subsistance money And Therfore Humbly Craving the saids Lords would recomend to the Commissioners of parliament for payment of the soume Contained in the said accompt as the petition bears The Lords of his majesties privy Councill having Considered this petition given in to them be the above Sir John Monro with the accompt and petitioners oath taken before the Commissioners of Supply mentioned therin and produced therwith They Find that ther is resting to the petitioner for money meat and Drink furnished and advanced to the Garison of Foulls frae the tenth of June Jaj vjc nyntie to the thretein of aprill Jaj vjc nyntie one years The soume of Two hundred and ten punds fourtein shilling sterling and that the same Is over and above what is yet resting of the Captaine and Livetenants pay of the said Garison And Recomends to the Commissioners of parliament appointed anent the polemoney To Cause make payment to the said petitioner of the said soume of Two Hundreth and ten punds fourtein shilling sterling and that out of the said polemoney.

1. NRS, PC2/25, 311r-311v.

1. NRS, PC2/25, 311r-311v.

Order, 25 July 1695, Edinburgh

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Edinburgh the 25th Jully 1695

D1695/7/511

Order

Recomendatione Provest Currie

Anent a Petition given in to the Lords of his majesties privy Councill be James Currie late provest of Edinburgh Shewing That quher the petitioner having applyed to his Grace and the estates of parliament To Consider the distressed Condition that he and his familly was in Humbly Suplicating them that they would fall upon some Charitable way for a present mantinance for the petitioner and his familly upon which the honorable stats of parliament were pleased to Recomend his case to the magistrats of the toune of Edinburgh That such provisione might be made for him and his familly at the sight of the Lords of his majesties privy Councill as becomes the Toune of Edinburgh in honor and gratitude to make for ane easie and honorable subsistance for them And seing that the petitioners Conditione doeth Lye before their Lordships to interpose with the magistrats of Edinburgh for a lively-hood and subsistance for his distressed familly And Therfore Humbly Craveing the saids Lords would take the premisses to their Consideratione and nominat some of ther number to speak with the magistrats of the said Toune and to Lay doun such methods and measures as they shall think fittest for the mantinance and subsistance of him and his familly as the petition bears The Lords of his majesties privy Councill haveing heard this petition given in to them be the above James Currie They heirby Recomend to the Earle of Forfarr, The Viscount Tarbat, Lord Polwarth and Lord Justice Clerk Or any two of them to speak with the measures as they shall think fitt for mantinance and subsistance for the petitioner and his familly.

Edinburgh the 25th Jully 1695

D1695/7/511

Order

Recomendatione Provest Currie

Anent a Petition given in to the Lords of his majesties privy Councill be James Currie late provest of Edinburgh Shewing That quher the petitioner having applyed to his Grace and the estates of parliament To Consider the distressed Condition that he and his familly was in Humbly Suplicating them that they would fall upon some Charitable way for a present mantinance for the petitioner and his familly upon which the honorable stats of parliament were pleased to Recomend his case to the magistrats of the toune of Edinburgh That such provisione might be made for him and his familly at the sight of the Lords of his majesties privy Councill as becomes the Toune of Edinburgh in honor and gratitude to make for ane easie and honorable subsistance for them And seing that the petitioners Conditione doeth Lye before their Lordships to interpose with the magistrats of Edinburgh for a lively-hood and subsistance for his distressed familly And Therfore Humbly Craveing the saids Lords would take the premisses to their Consideratione and nominat some of ther number to speak with the magistrats of the said Toune and to Lay doun such methods and measures as they shall think fittest for the mantinance and subsistance of him and his familly as the petition bears The Lords of his majesties privy Councill haveing heard this petition given in to them be the above James Currie They heirby Recomend to the Earle of Forfarr, The Viscount Tarbat, Lord Polwarth and Lord Justice Clerk Or any two of them to speak with the measures as they shall think fitt for mantinance and subsistance for the petitioner and his familly.

1. NRS, PC2/25, 310v-311r.

1. NRS, PC2/25, 310v-311r.

Warrant, 25 July 1695, Edinburgh

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Edinburgh the 25th Jully 1695

D1695/7/501

Warrant

Warrand Samuell McCleland and others for getting up some bonds of Cautionrie for preists

Anent the petition given in to the Lords of his Majesties privy Councill be Samuell McClelland merchant burges of Edinburgh Mr George Lessly of Kincraigie advocat William Gordon of Pancaitland and Keneth Urquhart sone to the Laird of Cromartie Shewing That the petitioners haveing granted four severall bonds and enacted themselves Cautioners in the books of privy Councill Viz the said Samuell McClelland Cautioner for Mr Stiphen Maxwell The said Mr George Lessly Cautioner for Mr James Forbes the said William Gordon Cautioner for Mr Robert Fordyce and the said Keneth Urquhart Cautioner for Master David Fourfoull That the saids principalls should depart furth of this kingdome and Transport themselves in the Fleets Then in the Road of Leith bound for Holland under the penalties Contained in the severall bonds granted for that effect And seing that the petitioners have full filled ther obligation by the saids principalls aryvall in the Neitherlands with the saids Fleets as appears and is Clearly instructed by two severall Certificats therwith produced one quherof in English under the hand of Arnold Ryox depute Conservator at Camphire of the said Mr Stephen Maxwells aryvall ther dated the Eight of June Jaj vjc nyntie thrie and the other in Dutch under the hand and seall of the Judges and Burger masters of Zericze in Zelland of the saids Mr Forbes Mr Fordyce and Master Fairfowlls aryveall ther dated the twentie one of may Jaj vjc nyntie five, Which is translated into English by Alexander Wishart Sworn interpretor to the Court of admirality also therwith produced And Therfore humbly Supplicating to the effect aftermentioned The Lords of his majesties privy Councill Having Considered this petitione given in to them be the above Samuell McClelland Mr George Lessly Wiliam Gordon and Keneth Urquhart with the Certificats mentioned therin and produced therwith They doe heirby Give Order and Warrand to the Clerks of privy Councill to deliver up to the petitioners the bond granted be the persones mentioned in the petition as principalls and the saids petitioners as Cautioners for the For Which this shall be the saids Clerks a suficient warrand.

Edinburgh the 25th Jully 1695

D1695/7/501

Warrant

Warrand Samuell McCleland and others for getting up some bonds of Cautionrie for preists

Anent the petition given in to the Lords of his Majesties privy Councill be Samuell McClelland merchant burges of Edinburgh Mr George Lessly of Kincraigie advocat William Gordon of Pancaitland and Keneth Urquhart sone to the Laird of Cromartie Shewing That the petitioners haveing granted four severall bonds and enacted themselves Cautioners in the books of privy Councill Viz the said Samuell McClelland Cautioner for Mr Stiphen Maxwell The said Mr George Lessly Cautioner for Mr James Forbes the said William Gordon Cautioner for Mr Robert Fordyce and the said Keneth Urquhart Cautioner for Master David Fourfoull That the saids principalls should depart furth of this kingdome and Transport themselves in the Fleets Then in the Road of Leith bound for Holland under the penalties Contained in the severall bonds granted for that effect And seing that the petitioners have full filled ther obligation by the saids principalls aryvall in the Neitherlands with the saids Fleets as appears and is Clearly instructed by two severall Certificats therwith produced one quherof in English under the hand of Arnold Ryox depute Conservator at Camphire of the said Mr Stephen Maxwells aryvall ther dated the Eight of June Jaj vjc nyntie thrie and the other in Dutch under the hand and seall of the Judges and Burger masters of Zericze in Zelland of the saids Mr Forbes Mr Fordyce and Master Fairfowlls aryveall ther dated the twentie one of may Jaj vjc nyntie five, Which is translated into English by Alexander Wishart Sworn interpretor to the Court of admirality also therwith produced And Therfore humbly Supplicating to the effect aftermentioned The Lords of his majesties privy Councill Having Considered this petitione given in to them be the above Samuell McClelland Mr George Lessly Wiliam Gordon and Keneth Urquhart with the Certificats mentioned therin and produced therwith They doe heirby Give Order and Warrand to the Clerks of privy Councill to deliver up to the petitioners the bond granted be the persones mentioned in the petition as principalls and the saids petitioners as Cautioners for the For Which this shall be the saids Clerks a suficient warrand.

1. NRS, PC2/25, 310r-310v.

1. NRS, PC2/25, 310r-310v.

Act, 25 July 1695, Edinburgh

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Edinburgh the 25th Jully 1695

D1695/7/491

Act

Act The Lady Pitsligo anent the stipend of Tyrie for repairing the Kirk

Anent the petition given in to the Lords of his majesties privy Councill be Lady Sophia Erskine Dowager of Pitsligo for her self and in name and behalf of the heritors and others in the paroch of Tyrie Shewing That quher by the twentie thrid act of the first session of this Current parliament Concerning patronadges vaccant stipends are appointed to be Imployed by the patrones upon pious uses within the paroch True It is that the said Kirk of Tyrie having vacked now since Jaj vjc nyntie two inclussive and quherof the stipend amounts but to about seven hundred merks The Lord Saltoune patron has upon applicatione to their Lordships obtained ane Thousand merks of the said bygone vaccand stipends to be Imployed upon the repairing of the peer and harbour of Frasersburgh whill in the mean time the Fabrick of the kirk it self and the ministers manse are notoriously knowen to have been these many years bypast in a very ill Conditione and by the vaccance now these four years are become so ruinous that it will requyre near as much expences to repair the same as the first building of them did Cast And seing the petitioners grudge not the patrons getting ane thousand merks towards ane use that is altogither without the bounds of the parish as said is provyding Consideration be hade of the ruinous Condition of their oun kirk and manse aforsaid and that the remander of the said vaccant stipends preceiding this date and ay and whill the kirk be planted or supplied Doe goe the full Length in putting the Church and manse in such ane suitable Condition as Law requyres and that the petitioners are Content the said remainder of the said vaccand stipend be Imployed upon the repairing of the kirk and manse as said is, at the sight of the said Lords would be pleased to name and appoint And Therfore humbly Craveing the saids Lords would be pleased to name and appoint2 Henry Caddell in Aberdour to be Collector for uplifting the remander of the vaccand stipends of the said paroch of Tyrie preceiding Whitsunday Last and ay and whill the same be planted or in the interim supplied and that to be Imployed at the sight of the said Lord Saltone patron or of the moderator of the presbytrie or any whom they or the saids Lords should think fitt to appoint upon the repairatione and building of the said kirk of Tyrie and Ministers Manse therat according as the expences of the same shall be estimate by skillfull workmen He the said Hary Caddell allwayes finding suficient Cautione to make his intromissione furthcomeing and Imploy the same ut supra as the said petition bears The Lords of his majesties privy Councill Having Considered the above petitione given in to them be the above Lady Sophia Erskine Dowager of Pitsligo for herself and in name of the heritors and others in the paroch of Tyrie They heirby allow the vaccand stipend of the kirk of Tyrie preceiding the terme of Whitsunday Last by past remaineing over and above the said soume of ane Thousand merks given in to the Lord Saltoune for repairing the harbour of Frasersburgh To be Imployed at the sight of the said Lord Saltoune patron of the said kirk and of the moderator of the presbytrie within which the said kirk Lyes for repairing and building of the said kirk and ministers manse therat And Nominats and appoints Henry Calder in Aberdour to be Collector for uplifting the said remander vaccant stipend, And Ordaines the heritors Lyfrenters Wodsetters titullars tacksmen of teynds tennents possessors and others Lyable in payment of the said remander vaccant stipend of Tyrie to make payment to the said factor of the said remander vaccant stipend In Respect the said factor has given bond and found suficient Cautione acted in the books of privy Councill That he shall apply the said remander vaccant stipend to be Collected as said is to be Imployed at sight of the saids Lord Saltoun and moderator of the presbytrie for repairing and building the said kirk and ministers manse And Ordaines Letters of horning under the signet of Councill to be direct at the instance of the said factor against the heritors and others forsaids Lyable in payment of the remander vaccant stipend upon production of a decreet of Locallity and incaice ther be non Ordaines the heritors and others forsaids To make payment of their respective proportiones of the said vaccant stipend according as they shall be Decerned by the Judge ordinar.

Edinburgh the 25th Jully 1695

D1695/7/491

Act

Act The Lady Pitsligo anent the stipend of Tyrie for repairing the Kirk

Anent the petition given in to the Lords of his majesties privy Councill be Lady Sophia Erskine Dowager of Pitsligo for her self and in name and behalf of the heritors and others in the paroch of Tyrie Shewing That quher by the twentie thrid act of the first session of this Current parliament Concerning patronadges vaccant stipends are appointed to be Imployed by the patrones upon pious uses within the paroch True It is that the said Kirk of Tyrie having vacked now since Jaj vjc nyntie two inclussive and quherof the stipend amounts but to about seven hundred merks The Lord Saltoune patron has upon applicatione to their Lordships obtained ane Thousand merks of the said bygone vaccand stipends to be Imployed upon the repairing of the peer and harbour of Frasersburgh whill in the mean time the Fabrick of the kirk it self and the ministers manse are notoriously knowen to have been these many years bypast in a very ill Conditione and by the vaccance now these four years are become so ruinous that it will requyre near as much expences to repair the same as the first building of them did Cast And seing the petitioners grudge not the patrons getting ane thousand merks towards ane use that is altogither without the bounds of the parish as said is provyding Consideration be hade of the ruinous Condition of their oun kirk and manse aforsaid and that the remander of the said vaccant stipends preceiding this date and ay and whill the kirk be planted or supplied Doe goe the full Length in putting the Church and manse in such ane suitable Condition as Law requyres and that the petitioners are Content the said remainder of the said vaccand stipend be Imployed upon the repairing of the kirk and manse as said is, at the sight of the said Lords would be pleased to name and appoint And Therfore humbly Craveing the saids Lords would be pleased to name and appoint2 Henry Caddell in Aberdour to be Collector for uplifting the remander of the vaccand stipends of the said paroch of Tyrie preceiding Whitsunday Last and ay and whill the same be planted or in the interim supplied and that to be Imployed at the sight of the said Lord Saltone patron or of the moderator of the presbytrie or any whom they or the saids Lords should think fitt to appoint upon the repairatione and building of the said kirk of Tyrie and Ministers Manse therat according as the expences of the same shall be estimate by skillfull workmen He the said Hary Caddell allwayes finding suficient Cautione to make his intromissione furthcomeing and Imploy the same ut supra as the said petition bears The Lords of his majesties privy Councill Having Considered the above petitione given in to them be the above Lady Sophia Erskine Dowager of Pitsligo for herself and in name of the heritors and others in the paroch of Tyrie They heirby allow the vaccand stipend of the kirk of Tyrie preceiding the terme of Whitsunday Last by past remaineing over and above the said soume of ane Thousand merks given in to the Lord Saltoune for repairing the harbour of Frasersburgh To be Imployed at the sight of the said Lord Saltoune patron of the said kirk and of the moderator of the presbytrie within which the said kirk Lyes for repairing and building of the said kirk and ministers manse therat And Nominats and appoints Henry Calder in Aberdour to be Collector for uplifting the said remander vaccant stipend, And Ordaines the heritors Lyfrenters Wodsetters titullars tacksmen of teynds tennents possessors and others Lyable in payment of the said remander vaccant stipend of Tyrie to make payment to the said factor of the said remander vaccant stipend In Respect the said factor has given bond and found suficient Cautione acted in the books of privy Councill That he shall apply the said remander vaccant stipend to be Collected as said is to be Imployed at sight of the saids Lord Saltoun and moderator of the presbytrie for repairing and building the said kirk and ministers manse And Ordaines Letters of horning under the signet of Councill to be direct at the instance of the said factor against the heritors and others forsaids Lyable in payment of the remander vaccant stipend upon production of a decreet of Locallity and incaice ther be non Ordaines the heritors and others forsaids To make payment of their respective proportiones of the said vaccant stipend according as they shall be Decerned by the Judge ordinar.

1. NRS, PC2/25, 309r-310r.

2. Sic.

1. NRS, PC2/25, 309r-310r.

2. Sic.

Act, 25 July 1695, Edinburgh

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Edinburgh the 25th Jully 1695

D1695/7/481

Act

Act Margret Chalmers

Anent the petition given in to the Lords of his majesties privy Councill be Margret Chalmer relict to the deceast Mr Gilbert Marishall late minister at Invernes Shewing That the petitioners husband having dyed about the Last of February Jaj vjc nyntie one The petitioner prevailled with her friends to supply the vaccancie till Whitsunday therafter, as ane Declaration of the magistrats and toune Councill of Invernes would testifie Wherupon the saids Lords did by ther act in september Jaj vjc nyntie two allow her ryt to the half years vaccand stipend from Whitsunday Jaj vjc nyntie one to mertimes therafter notwithstanding quherof before extract, her intrest in her absence not being noticed Mr William Stewart minister obtained ane right from their Lordships to that half years stipend and the wholl vaccancie till Whitsunday Jaj vjc nyntie thrie and now seing the said terme is elapsed the Church of Invernes not being as yet planted and the petitioner is reduced to great straits by her husbands Cautionry and otherwayes and the place was supplyed by her procurement as a forsaid and ther are other termes vaccant suficient to answer the design of the late act of parliament In favors of those who shall be Called to preach at the said Church and Therfore humbly suplicating the saids Lords to the effect aftermentioned The Lords of his majesties privy Councill having Considered this petition given in to them be the above Margrat Chalmers with the Declaration mentioned therin and produced therwith They heirby allow the petitioner the half years stipend of the kirk of Innverness frae Whitsunday Jaj vjc nyntie thrie years to mertimiss the said year In place of the half year granted be the saids Lords ther former act, And Decernes and Ordaines the heritors fewers Wodsetters Lyfrentars fermorers titulars tacksmen of teynds tennents possessors and others Lyable in payment of the said half years stipend to make payment therof to the said petitioner And Ordaines Letters of horning under the signet of Councill to be direct at the instance of the said petitioner against the heritors and others forsaids Lyable in payment of the said half years stipend upon production of a decreet of Locality and in cace ther be non Ordaines the heritors and others forsaids to make payment of their respective proportiones of the said half years stipend according as they shall be Decerned by the Judge ordinary.

Edinburgh the 25th Jully 1695

D1695/7/481

Act

Act Margret Chalmers

Anent the petition given in to the Lords of his majesties privy Councill be Margret Chalmer relict to the deceast Mr Gilbert Marishall late minister at Invernes Shewing That the petitioners husband having dyed about the Last of February Jaj vjc nyntie one The petitioner prevailled with her friends to supply the vaccancie till Whitsunday therafter, as ane Declaration of the magistrats and toune Councill of Invernes would testifie Wherupon the saids Lords did by ther act in september Jaj vjc nyntie two allow her ryt to the half years vaccand stipend from Whitsunday Jaj vjc nyntie one to mertimes therafter notwithstanding quherof before extract, her intrest in her absence not being noticed Mr William Stewart minister obtained ane right from their Lordships to that half years stipend and the wholl vaccancie till Whitsunday Jaj vjc nyntie thrie and now seing the said terme is elapsed the Church of Invernes not being as yet planted and the petitioner is reduced to great straits by her husbands Cautionry and otherwayes and the place was supplyed by her procurement as a forsaid and ther are other termes vaccant suficient to answer the design of the late act of parliament In favors of those who shall be Called to preach at the said Church and Therfore humbly suplicating the saids Lords to the effect aftermentioned The Lords of his majesties privy Councill having Considered this petition given in to them be the above Margrat Chalmers with the Declaration mentioned therin and produced therwith They heirby allow the petitioner the half years stipend of the kirk of Innverness frae Whitsunday Jaj vjc nyntie thrie years to mertimiss the said year In place of the half year granted be the saids Lords ther former act, And Decernes and Ordaines the heritors fewers Wodsetters Lyfrentars fermorers titulars tacksmen of teynds tennents possessors and others Lyable in payment of the said half years stipend to make payment therof to the said petitioner And Ordaines Letters of horning under the signet of Councill to be direct at the instance of the said petitioner against the heritors and others forsaids Lyable in payment of the said half years stipend upon production of a decreet of Locality and in cace ther be non Ordaines the heritors and others forsaids to make payment of their respective proportiones of the said half years stipend according as they shall be Decerned by the Judge ordinary.

1. NRS, PC2/25, 308v-309r.

1. NRS, PC2/25, 308v-309r.

Order, 25 July 1695, Edinburgh

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Edinburgh the 25th Jully 1695

D1695/7/471

Order

Recomendatione Jonet Knox to the Lords of Thesaurie

Anent the petition given in to the Lords of his Majesties privy Councill be Jonet Knox relict of Thomas Blaickwell in Glasgow Shewing That wher upon a representatione of the petitioner and her Cheldreins sad and deplorable Condition throw the hardships her husband and her self mett with in their estates and fortunes in the late times by fyneing and Imprisonment Wherthrow her said husband Lost his life beside that his Liveliehood was exhausted He and the petitioner after his decease having payed upwards of five hundred punds sterling of fyne and all upon the accompt of frequenting Conventicles and Which having been represented to the honoraball estates of this present parliement and found by them to be of treuth and verity Conforme to the Committie of parliaments report theranent and that the act of parliament Rescinding fynes and forfaulters did not Comprehend the petitioners Circumstantiat Case In Respect that non represents those who exacted the fyne the parliament was pleased by their act dated the nynth of June Jaj vjc nyntie thrie years To Remitt the petitioners Condition to the Consideratione of the saids Lords of privy Councill in order to the refounding her either out of the vaccand stipends Bishops rents or whatever other fond should be thought convenient And Therfore humbly Craveing the saids Lords would allow the said act of parliament to be read and doe theranent as they should think fitt with regaird to the petitioners sad and Low Condition that the forsaid servitors has brought her to as the petition bears The Lords of his Majesties privy Councill having Considered the petition given in to them be the above Janet Knox They heirby Recomend to the Lords Commissioners of his majesties thesaurie to order the Collector of the vaccand stipends To give the petitioner a factory and power to uplift such vaccant stipends as she shall discover and as their Lordships shall think fitt towards the repairation of the damnages Contained in the act of parliament in the petitioners favors.

Edinburgh the 25th Jully 1695

D1695/7/471

Order

Recomendatione Jonet Knox to the Lords of Thesaurie

Anent the petition given in to the Lords of his Majesties privy Councill be Jonet Knox relict of Thomas Blaickwell in Glasgow Shewing That wher upon a representatione of the petitioner and her Cheldreins sad and deplorable Condition throw the hardships her husband and her self mett with in their estates and fortunes in the late times by fyneing and Imprisonment Wherthrow her said husband Lost his life beside that his Liveliehood was exhausted He and the petitioner after his decease having payed upwards of five hundred punds sterling of fyne and all upon the accompt of frequenting Conventicles and Which having been represented to the honoraball estates of this present parliement and found by them to be of treuth and verity Conforme to the Committie of parliaments report theranent and that the act of parliament Rescinding fynes and forfaulters did not Comprehend the petitioners Circumstantiat Case In Respect that non represents those who exacted the fyne the parliament was pleased by their act dated the nynth of June Jaj vjc nyntie thrie years To Remitt the petitioners Condition to the Consideratione of the saids Lords of privy Councill in order to the refounding her either out of the vaccand stipends Bishops rents or whatever other fond should be thought convenient And Therfore humbly Craveing the saids Lords would allow the said act of parliament to be read and doe theranent as they should think fitt with regaird to the petitioners sad and Low Condition that the forsaid servitors has brought her to as the petition bears The Lords of his Majesties privy Councill having Considered the petition given in to them be the above Janet Knox They heirby Recomend to the Lords Commissioners of his majesties thesaurie to order the Collector of the vaccand stipends To give the petitioner a factory and power to uplift such vaccant stipends as she shall discover and as their Lordships shall think fitt towards the repairation of the damnages Contained in the act of parliament in the petitioners favors.

1. NRS, PC2/25, 308r-308v.

1. NRS, PC2/25, 308r-308v.

Act, 25 July 1695, Edinburgh

Posted on by

Edinburgh the 25th Jully 1695

D1695/7/461

Act

Act The Magistrats of Aberdeen anent ther kirk session

Anent The petition given in to the Lords of his majesties privy Councill be the Magistrats and toune Councill of Aberdeen Shewing That wher by the Constitution and Custome of the burgh the toune of Aberdein hade thrie Ministers in use to preach in Circle in the two kirks belonging to the burgh with the professor of Divinity who preached in the Collodge kirk But now the professor having quyt the Collodge kirk, and Mr Thomas Ramsay a presbyterian minister being lately setled ther as one of the thrie ministers with Mr William Blair and Mr Androw Burnet the other two who also served under Episcopacy and are still dissenters, The Custome is Changed and the Course of their preaching in Circuits is brock and the matter become the more uneasie, Lykas the thrie ministers haveing hade allwayes but one session, The former session that served under Bishops was with them exauthorat and the Commissione of the late generall assembly setled a new sessione in the place but albeit the old session be now Illegall and that the new presbyterian sessione is the only legall and regullar session in the burgh, yet the old session doe still behave as the only kirk sessione and keep up the poors money bands and box and Collect at the Church doors and even when and wher Mr Thomas Ramsay 2 presbyterian minister and his assistants do preach which tho it be a great disorder and such as the petitioners might by themselves rectifie yet for peace sake the petitioners hade hitherto forborne to use ther authoritie Least it might occasion greater disorder And seing the case of the burgh both in respect of the different perswasions of the ministers and usurpation of the old session could only be helped by the interposeing their Lordships authoritie for preventing greater inconveniences upon both hands, And Therfore supplicating to the effect aftermentioned as the said petition bears The Which petition being upon the fourth day of June Last Called in presence of his majesties high Commissioner and Lords of privy Councill They allowed the above descenting ministers to see and answer the same against the Eightein day of the said moneth and accordingly they having given in answers therto The saids Lords upon the twentie thrid of Jully instant Recomended to a Comittie of their oun number to Consider the said petition and answers given in therto and to endeavor to setle and agree the parties and in case of deficulty to report to the Councill and the Comittie having accordingly mett and made ther report anent the same The saids Lords of his Majesties privy Councill having this day Considered the said petition and answers given in therto as also a petition given in be the saids Discenting ministers this day togither with the report of the said Comittie of their oun number, They heirby Declair That the old kirk session of Aberdeen Which was the session under the Bishops Is not now the legall sessione and that the kirk session. lately Constitute in ther place by the Commission of the late generall assembly Is the only Legall sessione and that Therfore Conforme to the acts of privy Councill The Records of the kirk session utincills of the Church and poors books and money and what else belongs to the kirk sessione should be delivered to the new sessione And that they have the only power of Collecting at the kirk doors and otherwayes for the poor and Ordaines letters to be direct against the old kirk sessione to desist and give up the particulars abovementioned to the new Kirk session.

Edinburgh the 25th Jully 1695

D1695/7/461

Act

Act The Magistrats of Aberdeen anent ther kirk session

Anent The petition given in to the Lords of his majesties privy Councill be the Magistrats and toune Councill of Aberdeen Shewing That wher by the Constitution and Custome of the burgh the toune of Aberdein hade thrie Ministers in use to preach in Circle in the two kirks belonging to the burgh with the professor of Divinity who preached in the Collodge kirk But now the professor having quyt the Collodge kirk, and Mr Thomas Ramsay a presbyterian minister being lately setled ther as one of the thrie ministers with Mr William Blair and Mr Androw Burnet the other two who also served under Episcopacy and are still dissenters, The Custome is Changed and the Course of their preaching in Circuits is brock and the matter become the more uneasie, Lykas the thrie ministers haveing hade allwayes but one session, The former session that served under Bishops was with them exauthorat and the Commissione of the late generall assembly setled a new sessione in the place but albeit the old session be now Illegall and that the new presbyterian sessione is the only legall and regullar session in the burgh, yet the old session doe still behave as the only kirk sessione and keep up the poors money bands and box and Collect at the Church doors and even when and wher Mr Thomas Ramsay 2 presbyterian minister and his assistants do preach which tho it be a great disorder and such as the petitioners might by themselves rectifie yet for peace sake the petitioners hade hitherto forborne to use ther authoritie Least it might occasion greater disorder And seing the case of the burgh both in respect of the different perswasions of the ministers and usurpation of the old session could only be helped by the interposeing their Lordships authoritie for preventing greater inconveniences upon both hands, And Therfore supplicating to the effect aftermentioned as the said petition bears The Which petition being upon the fourth day of June Last Called in presence of his majesties high Commissioner and Lords of privy Councill They allowed the above descenting ministers to see and answer the same against the Eightein day of the said moneth and accordingly they having given in answers therto The saids Lords upon the twentie thrid of Jully instant Recomended to a Comittie of their oun number to Consider the said petition and answers given in therto and to endeavor to setle and agree the parties and in case of deficulty to report to the Councill and the Comittie having accordingly mett and made ther report anent the same The saids Lords of his Majesties privy Councill having this day Considered the said petition and answers given in therto as also a petition given in be the saids Discenting ministers this day togither with the report of the said Comittie of their oun number, They heirby Declair That the old kirk session of Aberdeen Which was the session under the Bishops Is not now the legall sessione and that the kirk session. lately Constitute in ther place by the Commission of the late generall assembly Is the only Legall sessione and that Therfore Conforme to the acts of privy Councill The Records of the kirk session utincills of the Church and poors books and money and what else belongs to the kirk sessione should be delivered to the new sessione And that they have the only power of Collecting at the kirk doors and otherwayes for the poor and Ordaines letters to be direct against the old kirk sessione to desist and give up the particulars abovementioned to the new Kirk session.

1. NRS, PC2/25, 307r-308r.

2. Illegible word scored out here.

1. NRS, PC2/25, 307r-308r.

2. Illegible word scored out here.

Decreet, 25 July 1695, Edinburgh

Posted on by

Edinburgh the 25th Jully 1695

D1695/7/451

Decreet

Decreet Sandilands and Spence etc Against Hepburne

Anent the lybell or Complaint raised and pursued before the Lords of privy Councill at the instance of Rachall Sandilands relict of the deceast Thomas Spence merchant burges of Edinburgh and Rachall Spence daughter to the said Thomas and Thomas Hendersone Chirurgeon appothecary burges of Edinburgh for his intrest and Thomas Henderson eldest Lawfull sone to the said Thomas with Concourse of Sir James Stewart his majesties advocat for his highnes intrest in the matter underwritten Mentioning That wher by the lawes of this and all other weell governed realmes all violence and Ryots are prohibit and the Committing therof specially when persones are brought togither by the Committer, and the Committing therof himself To treat of a Civill affair and when the same is acted by the sudden and violent tearing of writes and securities in a furious maner to Destroy privat rights and with minaceing and offering to draw a sword and2 kill the persone whose right is destroyed Is a Cryme of a high nature and ought to be severly punished as also that it belongs to the Justice and care of the government Wher such ryots hapen to doe all that can be Lawfullie done for makeing up the writtes torne as said is and repairing the partie injured and secureing of his persone Nevertheless Its of verity that the deceast Thomas Spence Doctor of medicine haveing by a Dispositione dated the Twelth day of march Last Dispone to the pursuers a part of the Estate and Fortune he hade, and the Doctor therafter Deceasand, James Hepburne in the Milne of Fuccabus and Cobnoch who maried Beatrix Spence another daughter of the said Thomas Spence and sister to the forsaid Rachall Spence Conceaveing himself unequally and unkyndlie dealt with by the said Doctor Spence who hade not left so much of his estate to the said Beatrix his wife as he hade done to Rachall her sister did desire that freinds might meet and Comune and that the disposition made be the deceast Doctor to the pursuers might be produced and seen Which having obtained and freinds haveing meett with the said James Hepburne in the house of Rachall Sandilands his mother in Law upon the twentie thrid day of may Last The said dispositione was produced and put in the hands of Mr John Nisbett writter to the signet, and who was tryster ther for the said James Hepburne desired that he might read the same before the Company But whill he was reading the said James first Murmuring and Storming at what the hard read Did when reading was almost ended rose up in a fury and snatched the papers out of Mr Nisbetts hands and in a moment before any Could interpose teared it in peices, and furder did swear and minace offering to draw his Sword and Laying his hand upon the guard of it, untill that the persones present Laid hold on him, and took out of his hands the peices of the disposition that he still held and gathered up the rest which tearing with the peaces of the said disposition that were torne are all manifast to be produced before the saids Lords and by which it is evident3 the said James Hepburne Is guilty airt and part of a most violent Ryot For quhich he ought not only to be Decerned to pay to the persewers the Soume of Ten thousand merks for their expences and damnages, But also otherwayes punished in his persones and goods to the terror to Commit the like in time coming and Furder Whither the said James Hepburne Compeir or not, The forsaid Disposition quherof The Torne peices are all so extant and preserved That they may easily be sett and Battered togither at the sight of the Lords of privy Councill Ought to be so4 made up5 to the effect the pursuers parties concerned may still have the benefit therof Sicklike and in the same maner as if the said disposition hade never been Torn But were yet intire in the pursuers hands And Anent the Charge given to the saids defenders To have Compeired personally before the saids Lords at ane Certain day now bygone To have answered to the grounds of the said Complaint and to have heard and seen such order and Course taken theranent as appertained under the paine of Rebellion and puting of them to the horn With Certificatione etc as the said Lybell and executiones therof more fully bears The Which Lybell being upon the Eleventh of June Last being Called in presence of the saids Lords of privy Councill, and the saids pursuers Compeiring personally with Sir James Stewart his majesties Advocat and Mr Micheall Lumsdale advocate their procurators and the above James Hepburne defender Compeiring also personally And his Spouse being Called and not Compeiring and Sir James Ogilvie Compeiring as procurator for both the defenders The Lybell being Read The persewers advocat Declaired he insisted in the haill points of his Lybell6 and the defenders Advocat alledged that the Ryot was res hartenus Judicata His Majesties his Court and the saids Lords of privy Councill having Considered the Lybell and at Length heard both parties Advocats They theirby addmitted the Lybell and all the points therof to the pursuers probation and exception of hactenus Judicata to the defenders probatione And appointed a Committie of their oun number for receiveing the witnesses Depositiones and the wholl probation which should be adduced in this affair, Whither for proveing the Lybell or for the defenders exception of res hactenus Judicata, and Reserved all objectiones quhich should be made against the witnesses to be proponed and discussed before the said Commitie The which Committie having accordingly mett and taken the oathes and depositiones of diverse and sundrie famous witnesses Who being all solemnly sworne and Interrogat Depones and Declairs as their oathes and depositiones extant in proces bears And The saids Lords of his majesties privy Councill having this day Considered the Lybell and depositiones of the witnesses with the Torne paper now battered togither and haill stopts of this proces, The Find That the Ryot of ryveing of the paper Lybelled is res hactenus Judicata be the Lord high Constables Court, and that the severall peices of the said Torne paper ware put togither at the sight of a Committie of Councill, and that the torne paper and severall peices are acknowledged by the defender and by the witnesses Depositiones to be the same paper, Which was torne by the defender James Hepburne, And ordaines the paper as it is now battered to be delyvered up to the pursuers And modifies the soume of six hundred merks scots to be payed be the said James Hepburne defender to the saids pursuers for damnages and expences, And Ordaines letters of horning One six dayes and others needfull to be direct at the pursuers instance against the said James Hepburne for payment of the said soume.

Edinburgh the 25th Jully 1695

D1695/7/451

Decreet

Decreet Sandilands and Spence etc Against Hepburne

Anent the lybell or Complaint raised and pursued before the Lords of privy Councill at the instance of Rachall Sandilands relict of the deceast Thomas Spence merchant burges of Edinburgh and Rachall Spence daughter to the said Thomas and Thomas Hendersone Chirurgeon appothecary burges of Edinburgh for his intrest and Thomas Henderson eldest Lawfull sone to the said Thomas with Concourse of Sir James Stewart his majesties advocat for his highnes intrest in the matter underwritten Mentioning That wher by the lawes of this and all other weell governed realmes all violence and Ryots are prohibit and the Committing therof specially when persones are brought togither by the Committer, and the Committing therof himself To treat of a Civill affair and when the same is acted by the sudden and violent tearing of writes and securities in a furious maner to Destroy privat rights and with minaceing and offering to draw a sword and2 kill the persone whose right is destroyed Is a Cryme of a high nature and ought to be severly punished as also that it belongs to the Justice and care of the government Wher such ryots hapen to doe all that can be Lawfullie done for makeing up the writtes torne as said is and repairing the partie injured and secureing of his persone Nevertheless Its of verity that the deceast Thomas Spence Doctor of medicine haveing by a Dispositione dated the Twelth day of march Last Dispone to the pursuers a part of the Estate and Fortune he hade, and the Doctor therafter Deceasand, James Hepburne in the Milne of Fuccabus and Cobnoch who maried Beatrix Spence another daughter of the said Thomas Spence and sister to the forsaid Rachall Spence Conceaveing himself unequally and unkyndlie dealt with by the said Doctor Spence who hade not left so much of his estate to the said Beatrix his wife as he hade done to Rachall her sister did desire that freinds might meet and Comune and that the disposition made be the deceast Doctor to the pursuers might be produced and seen Which having obtained and freinds haveing meett with the said James Hepburne in the house of Rachall Sandilands his mother in Law upon the twentie thrid day of may Last The said dispositione was produced and put in the hands of Mr John Nisbett writter to the signet, and who was tryster ther for the said James Hepburne desired that he might read the same before the Company But whill he was reading the said James first Murmuring and Storming at what the hard read Did when reading was almost ended rose up in a fury and snatched the papers out of Mr Nisbetts hands and in a moment before any Could interpose teared it in peices, and furder did swear and minace offering to draw his Sword and Laying his hand upon the guard of it, untill that the persones present Laid hold on him, and took out of his hands the peices of the disposition that he still held and gathered up the rest which tearing with the peaces of the said disposition that were torne are all manifast to be produced before the saids Lords and by which it is evident3 the said James Hepburne Is guilty airt and part of a most violent Ryot For quhich he ought not only to be Decerned to pay to the persewers the Soume of Ten thousand merks for their expences and damnages, But also otherwayes punished in his persones and goods to the terror to Commit the like in time coming and Furder Whither the said James Hepburne Compeir or not, The forsaid Disposition quherof The Torne peices are all so extant and preserved That they may easily be sett and Battered togither at the sight of the Lords of privy Councill Ought to be so4 made up5 to the effect the pursuers parties concerned may still have the benefit therof Sicklike and in the same maner as if the said disposition hade never been Torn But were yet intire in the pursuers hands And Anent the Charge given to the saids defenders To have Compeired personally before the saids Lords at ane Certain day now bygone To have answered to the grounds of the said Complaint and to have heard and seen such order and Course taken theranent as appertained under the paine of Rebellion and puting of them to the horn With Certificatione etc as the said Lybell and executiones therof more fully bears The Which Lybell being upon the Eleventh of June Last being Called in presence of the saids Lords of privy Councill, and the saids pursuers Compeiring personally with Sir James Stewart his majesties Advocat and Mr Micheall Lumsdale advocate their procurators and the above James Hepburne defender Compeiring also personally And his Spouse being Called and not Compeiring and Sir James Ogilvie Compeiring as procurator for both the defenders The Lybell being Read The persewers advocat Declaired he insisted in the haill points of his Lybell6 and the defenders Advocat alledged that the Ryot was res hartenus Judicata His Majesties his Court and the saids Lords of privy Councill having Considered the Lybell and at Length heard both parties Advocats They theirby addmitted the Lybell and all the points therof to the pursuers probation and exception of hactenus Judicata to the defenders probatione And appointed a Committie of their oun number for receiveing the witnesses Depositiones and the wholl probation which should be adduced in this affair, Whither for proveing the Lybell or for the defenders exception of res hactenus Judicata, and Reserved all objectiones quhich should be made against the witnesses to be proponed and discussed before the said Commitie The which Committie having accordingly mett and taken the oathes and depositiones of diverse and sundrie famous witnesses Who being all solemnly sworne and Interrogat Depones and Declairs as their oathes and depositiones extant in proces bears And The saids Lords of his majesties privy Councill having this day Considered the Lybell and depositiones of the witnesses with the Torne paper now battered togither and haill stopts of this proces, The Find That the Ryot of ryveing of the paper Lybelled is res hactenus Judicata be the Lord high Constables Court, and that the severall peices of the said Torne paper ware put togither at the sight of a Committie of Councill, and that the torne paper and severall peices are acknowledged by the defender and by the witnesses Depositiones to be the same paper, Which was torne by the defender James Hepburne, And ordaines the paper as it is now battered to be delyvered up to the pursuers And modifies the soume of six hundred merks scots to be payed be the said James Hepburne defender to the saids pursuers for damnages and expences, And Ordaines letters of horning One six dayes and others needfull to be direct at the pursuers instance against the said James Hepburne for payment of the said soume.

1. NRS, PC2/25, 305r-307r.

2. The word ‘the’ scored out here.

3. The word ‘that’ scored out here.

4. Insertion.

5. Insertion.

6. The word ‘being’ scored out here.

1. NRS, PC2/25, 305r-307r.

2. The word ‘the’ scored out here.

3. The word ‘that’ scored out here.

4. Insertion.

5. Insertion.

6. The word ‘being’ scored out here.