Act, 26 November 1696, Edinburgh

Att Edinburgh the twenty sixth Day of November Jaj vic nyntie six yeirs

D1696/11/131

Act

Act heretors of Newburne for Mr Cleiland a minister

Anent the petitione given in to the Lords of his majesties privie Counsell Be James Lwndie of Brunsheills one of the heretors of the paroch of Newburne The presbetry of St Andrews and patrone of the paroch kirk of the said paroch and remanent heretors of the said paroch Shewing That wher Mr Robert Cleiland now minister of the said Kirk and paroch of Newburne who had bein Long before wnder a call to the paroch kirk of Dinnunow in the said presbetry and with respect therto had past the most pairt of his tryells befor the said presbetrie was (upon the vaccancie of the said Kirk of Newburne in March Last) orderlie called by the heretors and elders of the said paroch of Newburne befor whittsonday Last to be ther minister But through the competitione in the said mater betwixt the said two parochins before the said presbetrie (wherin the said paroch of Newburne at Last was preferred) the said Mr Robert was not ordained till Jullie Last being some weeks efter whittsonday wherupon it may be alleadged that he should not have right to the preceeding half yeirs stipend befor the said whittsonday Last but that the Same Should Conforme to the act of parliament be disposed upon by the said patron with consent of the said other heretors for some piows wse within the said paroch And the Saids petitioners Considering that the competition betuixt them and the paroch of Dwninow which hindered the Setleing of the Said Mr Robert befor the Said whittsonday was occasioned by them and that as the said Mr Robert receaved ther call befor whittsonday so by order of the presbetrie he did preach in ther said kirk in order to ther call severall Saboths befor whittsonday And also the most pairt of the few Saboths interveining betuixt the said whittsonday and his ordinatione afoirsaid Therfor and upon Severall other weightie considerations and grownds they Judge the Said Mr Robert Cleiland ther said minister Should have right to the haill yeirs Stipend altho it was a few Saboths efter whittsonday befor he was ordained yet the said patron and remanent heretors would not take upon them to doe any thing therin without ther Lordships authoritie and approbatione obtained theranent The Saids Lords of his majesties privie Counsell haveing considered the above petitione They heirby declaire the said Mr Robert Cleiland to have right to the Stipend of the above kirk of Newburne for this haill cropt and yeir of God Jaj vic nyntie Six And decerns and ordaines the said Mr Robert Cleiland to be readielie ansuered obeyed and payed of the Said yeirs Stipend be the heretors fewers wodsetters Liferenters titullars tacksemen of teinds tennents possessors and others lyable in payment of the Same And ordaines Letters of horneing wnder the Signet of Counsell to be direct at the Said Mr Robert Cleiland his instance against the heretors and others foirsaids lyable in payment of the said yeirs stipend upon productione of a decreit of Localitie And in caice ther be non ordaines the heretors and others foirsaids to make payment to the said Mr Robert Cleiland of ther respective proportiones of the said yeirs stipend According as they Shall be decerned and Determined by the Judge ordinary

Att Edinburgh the twenty sixth Day of November Jaj vic nyntie six yeirs

D1696/11/131

Act

Act heretors of Newburne for Mr Cleiland a minister

Anent the petitione given in to the Lords of his majesties privie Counsell Be James Lwndie of Brunsheills one of the heretors of the paroch of Newburne The presbetry of St Andrews and patrone of the paroch kirk of the said paroch and remanent heretors of the said paroch Shewing That wher Mr Robert Cleiland now minister of the said Kirk and paroch of Newburne who had bein Long before wnder a call to the paroch kirk of Dinnunow in the said presbetry and with respect therto had past the most pairt of his tryells befor the said presbetrie was (upon the vaccancie of the said Kirk of Newburne in March Last) orderlie called by the heretors and elders of the said paroch of Newburne befor whittsonday Last to be ther minister But through the competitione in the said mater betwixt the said two parochins before the said presbetrie (wherin the said paroch of Newburne at Last was preferred) the said Mr Robert was not ordained till Jullie Last being some weeks efter whittsonday wherupon it may be alleadged that he should not have right to the preceeding half yeirs stipend befor the said whittsonday Last but that the Same Should Conforme to the act of parliament be disposed upon by the said patron with consent of the said other heretors for some piows wse within the said paroch And the Saids petitioners Considering that the competition betuixt them and the paroch of Dwninow which hindered the Setleing of the Said Mr Robert befor the Said whittsonday was occasioned by them and that as the said Mr Robert receaved ther call befor whittsonday so by order of the presbetrie he did preach in ther said kirk in order to ther call severall Saboths befor whittsonday And also the most pairt of the few Saboths interveining betuixt the said whittsonday and his ordinatione afoirsaid Therfor and upon Severall other weightie considerations and grownds they Judge the Said Mr Robert Cleiland ther said minister Should have right to the haill yeirs Stipend altho it was a few Saboths efter whittsonday befor he was ordained yet the said patron and remanent heretors would not take upon them to doe any thing therin without ther Lordships authoritie and approbatione obtained theranent The Saids Lords of his majesties privie Counsell haveing considered the above petitione They heirby declaire the said Mr Robert Cleiland to have right to the Stipend of the above kirk of Newburne for this haill cropt and yeir of God Jaj vic nyntie Six And decerns and ordaines the said Mr Robert Cleiland to be readielie ansuered obeyed and payed of the Said yeirs Stipend be the heretors fewers wodsetters Liferenters titullars tacksemen of teinds tennents possessors and others lyable in payment of the Same And ordaines Letters of horneing wnder the Signet of Counsell to be direct at the Said Mr Robert Cleiland his instance against the heretors and others foirsaids lyable in payment of the said yeirs stipend upon productione of a decreit of Localitie And in caice ther be non ordaines the heretors and others foirsaids to make payment to the said Mr Robert Cleiland of ther respective proportiones of the said yeirs stipend According as they Shall be decerned and Determined by the Judge ordinary

1. NRS, PC2/26, 312r-313r.

1. NRS, PC2/26, 312r-313r.

Act, 26 November 1696, Edinburgh

Att Edinburgh the twenty sixth Day of November Jaj vic nyntie six yeirs

D1696/11/121

Act

Act Mr William Cheislie for apprehending his Son

Anent the petitione given in to the Lords of his majesties privie Counsell be Mr William Cheislie writer to the Signet Shewing that in Janwarie Jaj vic and nyntie four yeirs the petitioner applyed himself to Sir James Stewart his majesties advocat and gave in his complaint representing the wnnatwrall expressiones and threatnings that then Archibald Cheislie his son had wsed against him Wherupon the said Sir James Steweart Gave ane order for apprehending and imprisoneing the Said Archbald Cheislie in the Cannogate tollbwith And the said Sir James acqwainted ther Lordships with his Subscribeing that order and the Same was approved of by ther Lordships which order was executed and the said Archibald Cheislie remained prisoner ther untill the moneth of Aprile Jaj vic nyntie four yeirs And then Sir Thomas Livingstowne comander in cheiff of the forces in Scotland did send the said Archbald Cheislie with other Souldiers in Shipp for Flanders in regaird he was accessorie to ane tumult made a Litle befor by the Souldiers in the Cannogate tollbwith And the said Archbald Cheislie remained in Flanders from the yeir Jaj vic nyntie four untill november Jaj vic nyntie Six yeirs and now he is returned to Edinburgh And Seing the petitioners complaint is depending befor ther Lordships and that he is readie to prove the said Archbald Cheislie his wnnarturall expressiones and threatnings against the petitioner which merits ther Lordships consideratione And therfore humblie craveing to the effect eftermentioned As the said petitione bears Which being this day Read and considered be the saids Lords of privie Counsell They heirby give order and warrand to Macers or Messengers at armes to apprehend the above Archibald Cheislie and incarcerat him within the tollbwith of the Cannogate to remaine ther untill the veritie of the petitioners Complaint be proven and that the Counsell take course them as appertaines to Justice

Att Edinburgh the twenty sixth Day of November Jaj vic nyntie six yeirs

D1696/11/121

Act

Act Mr William Cheislie for apprehending his Son

Anent the petitione given in to the Lords of his majesties privie Counsell be Mr William Cheislie writer to the Signet Shewing that in Janwarie Jaj vic and nyntie four yeirs the petitioner applyed himself to Sir James Stewart his majesties advocat and gave in his complaint representing the wnnatwrall expressiones and threatnings that then Archibald Cheislie his son had wsed against him Wherupon the said Sir James Steweart Gave ane order for apprehending and imprisoneing the Said Archbald Cheislie in the Cannogate tollbwith And the said Sir James acqwainted ther Lordships with his Subscribeing that order and the Same was approved of by ther Lordships which order was executed and the said Archibald Cheislie remained prisoner ther untill the moneth of Aprile Jaj vic nyntie four yeirs And then Sir Thomas Livingstowne comander in cheiff of the forces in Scotland did send the said Archbald Cheislie with other Souldiers in Shipp for Flanders in regaird he was accessorie to ane tumult made a Litle befor by the Souldiers in the Cannogate tollbwith And the said Archbald Cheislie remained in Flanders from the yeir Jaj vic nyntie four untill november Jaj vic nyntie Six yeirs and now he is returned to Edinburgh And Seing the petitioners complaint is depending befor ther Lordships and that he is readie to prove the said Archbald Cheislie his wnnarturall expressiones and threatnings against the petitioner which merits ther Lordships consideratione And therfore humblie craveing to the effect eftermentioned As the said petitione bears Which being this day Read and considered be the saids Lords of privie Counsell They heirby give order and warrand to Macers or Messengers at armes to apprehend the above Archibald Cheislie and incarcerat him within the tollbwith of the Cannogate to remaine ther untill the veritie of the petitioners Complaint be proven and that the Counsell take course them as appertaines to Justice

1. NRS, PC2/26, 311v-312r.

1. NRS, PC2/26, 311v-312r.

Act, 26 November 1696, Edinburgh

Att Edinburgh the twenty sixth Day of November Jaj vic nyntie six yeirs

D1696/11/111

Act

Act John Mitchellson and James Hair

Anent the petitione given in to the Lords of his majesties privie Counsell be Mr John Mitchellsone and James Hair merchands in Drumfreise Shewing that wher the petitioners at the instigatione of Mr William Veitch minister haveing conforme to ther Lordships proclamatione anent importing of Victwall for the releiffe of the poor in towne and Countrie Sent money with ane Comissione to ane freind in England to frawght ane Small vessell and Load her with meall for that purpose which being accordingly Done She Sett Saill from her port in England upon the Sixth of September Last in order to the plyeing of her voyadge for the port of Drumfreise and would have reached the Same in five or Six dayes if the weather had proven fair But the Seasone of the weather turneing So Stormie and tempestwows that She was Dangerouselie tossed too and fro, on sea for severall Dayes togither And atlast was miracwlowselie blowen in to the foirsaid part of Dumfreise upon Saturday being the third of October instant with the Loss of more then the half of her keill and her Loadening greatlie damnified Wherthrough the petitioners hes Sustained great Loss and Dammadge In consideratione wherof Its hoped ther Lordships will allow them the benefite of the foirsaid proclamatione Seing they had nothing more befor ther eyes then the releiffe of the poor in that place of the Countrie And therfore humblie craveing ther Lordships to take the premisses to ther Sereows consideratione And to nominat or appoint the Shirreff of the Shyre or magistrats of the burgh of Drumfreise to take tryell anent the veritie of the premisses And it being found that the forsaid veshell Sett Saill with her cargo of victwall twentie five dayes befor the expyreatione of the dayes contained in ther Lordships proclamatione and would have reached the said port of Dumfreise in five or six dayes if She had not bein retarded by Stress of weather as said is to ordaine the collectors of his majesties cwsstomes to pay in to them the allowance appointed by the foirsaid proclamatione As the said petitione at more lenth bears which petitione being red in presence of the saids Lords of privie Cownsell and the Same being atlength considered by them They by ther interloquitor therupon of the Date the threttein day of october Last bypast Recomended to his Grace The Dwke of Qweensberry and in his absence appoints Mr David Dowglass advocat his Graces depute of the Shyre of Drumfreise to take tryall anent the Sailling of the above Shipp her Loadning and voyadge and anent her arriveall and the conditione of the Said Ship and her Loadning in her voyadge and at her arryvall and to report the Same to the privie Cownsell with ther convenience with what qwantitie of victwall is aboard the Said Shipp And the petitioners haveing extracted ane act upon the foirsaid petitione and interloquitor following theron They returned the said Mr David Dowglas his report of the Same containeing the depositiones of Severall persones with a coppie of the Shipps cocket under the Subscriptione of Robert Noble clerk to the custome office And also and extract of the entrie made by the Said James Hair under the hand of James Mulliekin Swrveyer at Dumfreise And the Saids Lords of his majesties privie Counsell haveing this day considered the foirsaid report and wrytes prodwced therwith They heirby ordaine the collector of his majesties customes to pay in to the saids Mr John Mitchellsone and James Hair petitioners the allowance appointed by the proclamatione of Counsell anent the importing of Victwall and grants them the benefite of the foirsaid proclamatione

Att Edinburgh the twenty sixth Day of November Jaj vic nyntie six yeirs

D1696/11/111

Act

Act John Mitchellson and James Hair

Anent the petitione given in to the Lords of his majesties privie Counsell be Mr John Mitchellsone and James Hair merchands in Drumfreise Shewing that wher the petitioners at the instigatione of Mr William Veitch minister haveing conforme to ther Lordships proclamatione anent importing of Victwall for the releiffe of the poor in towne and Countrie Sent money with ane Comissione to ane freind in England to frawght ane Small vessell and Load her with meall for that purpose which being accordingly Done She Sett Saill from her port in England upon the Sixth of September Last in order to the plyeing of her voyadge for the port of Drumfreise and would have reached the Same in five or Six dayes if the weather had proven fair But the Seasone of the weather turneing So Stormie and tempestwows that She was Dangerouselie tossed too and fro, on sea for severall Dayes togither And atlast was miracwlowselie blowen in to the foirsaid part of Dumfreise upon Saturday being the third of October instant with the Loss of more then the half of her keill and her Loadening greatlie damnified Wherthrough the petitioners hes Sustained great Loss and Dammadge In consideratione wherof Its hoped ther Lordships will allow them the benefite of the foirsaid proclamatione Seing they had nothing more befor ther eyes then the releiffe of the poor in that place of the Countrie And therfore humblie craveing ther Lordships to take the premisses to ther Sereows consideratione And to nominat or appoint the Shirreff of the Shyre or magistrats of the burgh of Drumfreise to take tryell anent the veritie of the premisses And it being found that the forsaid veshell Sett Saill with her cargo of victwall twentie five dayes befor the expyreatione of the dayes contained in ther Lordships proclamatione and would have reached the said port of Dumfreise in five or six dayes if She had not bein retarded by Stress of weather as said is to ordaine the collectors of his majesties cwsstomes to pay in to them the allowance appointed by the foirsaid proclamatione As the said petitione at more lenth bears which petitione being red in presence of the saids Lords of privie Cownsell and the Same being atlength considered by them They by ther interloquitor therupon of the Date the threttein day of october Last bypast Recomended to his Grace The Dwke of Qweensberry and in his absence appoints Mr David Dowglass advocat his Graces depute of the Shyre of Drumfreise to take tryall anent the Sailling of the above Shipp her Loadning and voyadge and anent her arriveall and the conditione of the Said Ship and her Loadning in her voyadge and at her arryvall and to report the Same to the privie Cownsell with ther convenience with what qwantitie of victwall is aboard the Said Shipp And the petitioners haveing extracted ane act upon the foirsaid petitione and interloquitor following theron They returned the said Mr David Dowglas his report of the Same containeing the depositiones of Severall persones with a coppie of the Shipps cocket under the Subscriptione of Robert Noble clerk to the custome office And also and extract of the entrie made by the Said James Hair under the hand of James Mulliekin Swrveyer at Dumfreise And the Saids Lords of his majesties privie Counsell haveing this day considered the foirsaid report and wrytes prodwced therwith They heirby ordaine the collector of his majesties customes to pay in to the saids Mr John Mitchellsone and James Hair petitioners the allowance appointed by the proclamatione of Counsell anent the importing of Victwall and grants them the benefite of the foirsaid proclamatione

1. NRS, PC2/26, 310v-311v.

1. NRS, PC2/26, 310v-311v.

Sederunt, 26 November 1696, Edinburgh

Att Edinburgh the twenty sixth Day of November Jaj vic nyntie six yeirs1

D1696/11/102

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Argyle; Earl of Morton; Earl of Lauderdale; Earl of Leven; Earl of Forfar; Lord Yester; Lord John Hamilton; Lord Belhaven; Lord Ruthven; Lord Justice clerk; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Laird of Pollock; Laird of Blackbarrony

Att Edinburgh the twenty sixth Day of November Jaj vic nyntie six yeirs1

D1696/11/102

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Argyle; Earl of Morton; Earl of Lauderdale; Earl of Leven; Earl of Forfar; Lord Yester; Lord John Hamilton; Lord Belhaven; Lord Ruthven; Lord Justice clerk; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Laird of Pollock; Laird of Blackbarrony

1. NRS, PC2/26, 310r.

2. NRS, PC2/26, 310r.

1. NRS, PC2/26, 310r.

2. NRS, PC2/26, 310r.

Procedure, 26 November 1696, Edinburgh

Att Edinburgh the Tuenty Sixth day of November Jaj vic nyntie six years

A1696/11/211

Procedure

Associatione by The Commissioner in Fifeshire

The Earle of Mortoune presented at the Councill Board the Bond of Association signed by the Commissioners of Supplie within the shire of Fife at their last meeting And the Councill appointed the same to be Laid up among the other associations Lying in their Clerks hands which was Done accordingly.

Att Edinburgh the Tuenty Sixth day of November Jaj vic nyntie six years

A1696/11/211

Procedure

Associatione by The Commissioner in Fifeshire

The Earle of Mortoune presented at the Councill Board the Bond of Association signed by the Commissioners of Supplie within the shire of Fife at their last meeting And the Councill appointed the same to be Laid up among the other associations Lying in their Clerks hands which was Done accordingly.

1. NRS, PC1/51, 36.

1. NRS, PC1/51, 36.

Procedure, 26 November 1696, Edinburgh

Att Edinburgh the Tuenty Sixth day of November Jaj vic nyntie six years

A1696/11/201

Procedure

Anent The Key of the pix

The Duke of Queensberry delyvered the Thesauries Key of the pix in the Mint house to the Lord high Chancelor In face of the privie Councill.

Att Edinburgh the Tuenty Sixth day of November Jaj vic nyntie six years

A1696/11/201

Procedure

Anent The Key of the pix

The Duke of Queensberry delyvered the Thesauries Key of the pix in the Mint house to the Lord high Chancelor In face of the privie Councill.

1. NRS, PC1/51, 36.

1. NRS, PC1/51, 36.

Act, 26 November 1696, Edinburgh

Att Edinburgh the Tuenty Sixth day of November Jaj vic nyntie six years

A1696/11/191

Act

Act Anent Bullion and free Coynage

The Lords of his Majesties privie Councill Doe heirby allow the Master and other officers of the Mint to receave in as Bullion all the old merks and halfe merk peices Coyned during the reigne of the deceast King James the Sixth And all Clipped English money And appoints the free Coynage to goe on as formerly Conform to the acts of parliament In anno Jaj vic Eightie six and Jaj vic nyntie years And Discharge the said master and other officers of the Mint to exact any money upon accompt of the said Coynage otherwayes then is appointed by the saids acts of parliament.

Att Edinburgh the Tuenty Sixth day of November Jaj vic nyntie six years

A1696/11/191

Act

Act Anent Bullion and free Coynage

The Lords of his Majesties privie Councill Doe heirby allow the Master and other officers of the Mint to receave in as Bullion all the old merks and halfe merk peices Coyned during the reigne of the deceast King James the Sixth And all Clipped English money And appoints the free Coynage to goe on as formerly Conform to the acts of parliament In anno Jaj vic Eightie six and Jaj vic nyntie years And Discharge the said master and other officers of the Mint to exact any money upon accompt of the said Coynage otherwayes then is appointed by the saids acts of parliament.

1. NRS, PC1/51, 36.

1. NRS, PC1/51, 36.

Sederunt, 26 November 1696, Edinburgh

Att Edinburgh the Tuenty Sixth day of November Jaj vic nyntie six years1

A1696/11/182

Sederunt

Lord Chancelor; Earl of Melvill; Duke of Queensberry; Earl of Argyll; Earl of Mortoun; Earl of Lauderdale; Earl of Leven; Earl of Forfar; Lord Yester; Lord John Hamilton; Lord Beilhaven; Lord Ruthven; Lord Justice Clerk; Lord Halcraig; Lord Anstruther; Lord Rankeilor; Laird of Pollock; Laird of Blackbarrony

Att Edinburgh the Tuenty Sixth day of November Jaj vic nyntie six years1

A1696/11/182

Sederunt

Lord Chancelor; Earl of Melvill; Duke of Queensberry; Earl of Argyll; Earl of Mortoun; Earl of Lauderdale; Earl of Leven; Earl of Forfar; Lord Yester; Lord John Hamilton; Lord Beilhaven; Lord Ruthven; Lord Justice Clerk; Lord Halcraig; Lord Anstruther; Lord Rankeilor; Laird of Pollock; Laird of Blackbarrony

1. NRS, PC1/51, 36.

2. NRS, PC1/51, 36.

1. NRS, PC1/51, 36.

2. NRS, PC1/51, 36.