Tag Archives: 27 December 1692

Act, 27 December 1692, Edinburgh

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Edinburgh the Twentie seventh day of December Jaj vjc nyntie two years

D1692/12/291

Act

Act The Lady Dumbeath

Anent a Petition given in to the Lords of their majesties privy Councill be Elizabeth Sinclar lady Dowager of Dunbeath Shewing That quher the petitioner being infeft in Lyferent of the lands of Dumbaith and others with maner place housses bigging etc as appeared by her seasine therwith produced and wherof accordingly she has been in possessione Since the late Dunbaith his decease now be the Space of […] years. Untill that John Sinclair now appearand of Dumbeath and sone to the petitioner has by a most unnaturall and inhumane practise exceedingly opprest and molested the petitioner In So farr as primo, He did in the moneth of november last by past block up the petitioner within a roome of the said maner house of Dumbeath wher he hade ever sincesyne keeped her within Lockfast doors debarring all access whatsomever to her, Secundo That he has possest himself not only of the petitioners barnes, and disposed of her cornes and catle and turned out her Servants, Bot has lodged severall persones within the house to mantaine the samen as ane Garison Besyde that Tertio he intercepts all letters passing to and from the petitioner betwixt her and her freinds and relationes Refuseing to give any of them ane account of his procedings and useadge though indeed the designe of the samen evidently appears to be nothing else Bot by violence to oppress the petitioner out of her intrest and Joyntur lands And seing the saids Lords Justice Is the only recourse competent to any of the Leidges in such Miserable circumstances as the petitioner is stated into In maner forsaid, And that the acts of oppression abovementioned are highly punishable be the Lawes of this kingdome and all nationes And Therfore Humbly Craving the saids Lords would Grant warrand to the shirreff principall of Caitnes of his deputy To sett the petitioner at Libertie from under the restraints She is keeped in as aforsaid, And to dispossess her said dwalling house of Dunbeath of the said John Sinclar and all those unwarrantably planted therin by the said John Sinclar without her order, And in the mean tyme grant warrand for citeing the said John Sinclar before the saids Lords to answer for the forsaid acts of manifast bangstry and oppression as the petition bears, The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above Lady Dumbeath with the petitioners sasine, They heirby give Order and warrand to the shirreff principall of Caithnes or his deputs to sett the petitioner at libertie from under the restraint she is keeped in And to Disposes the house of Dumbeath of the above John Sinclar and others unwarrantablie planted therin without the petitioners orders, And enter the petitioner to the peaceable possession therof in the same termes as she possessed it before the above interuption, made be the said John Sinclar And in the mean tyme allowes the said John Sinclar to be cited To Compeir before the Councill the nynth day of march nixt to come to answer to the above points alledged against him And Grant warrand for citeing witnesses.

Edinburgh the Twentie seventh day of December Jaj vjc nyntie two years

D1692/12/291

Act

Act The Lady Dumbeath

Anent a Petition given in to the Lords of their majesties privy Councill be Elizabeth Sinclar lady Dowager of Dunbeath Shewing That quher the petitioner being infeft in Lyferent of the lands of Dumbaith and others with maner place housses bigging etc as appeared by her seasine therwith produced and wherof accordingly she has been in possessione Since the late Dunbaith his decease now be the Space of […] years. Untill that John Sinclair now appearand of Dumbeath and sone to the petitioner has by a most unnaturall and inhumane practise exceedingly opprest and molested the petitioner In So farr as primo, He did in the moneth of november last by past block up the petitioner within a roome of the said maner house of Dumbeath wher he hade ever sincesyne keeped her within Lockfast doors debarring all access whatsomever to her, Secundo That he has possest himself not only of the petitioners barnes, and disposed of her cornes and catle and turned out her Servants, Bot has lodged severall persones within the house to mantaine the samen as ane Garison Besyde that Tertio he intercepts all letters passing to and from the petitioner betwixt her and her freinds and relationes Refuseing to give any of them ane account of his procedings and useadge though indeed the designe of the samen evidently appears to be nothing else Bot by violence to oppress the petitioner out of her intrest and Joyntur lands And seing the saids Lords Justice Is the only recourse competent to any of the Leidges in such Miserable circumstances as the petitioner is stated into In maner forsaid, And that the acts of oppression abovementioned are highly punishable be the Lawes of this kingdome and all nationes And Therfore Humbly Craving the saids Lords would Grant warrand to the shirreff principall of Caitnes of his deputy To sett the petitioner at Libertie from under the restraints She is keeped in as aforsaid, And to dispossess her said dwalling house of Dunbeath of the said John Sinclar and all those unwarrantably planted therin by the said John Sinclar without her order, And in the mean tyme grant warrand for citeing the said John Sinclar before the saids Lords to answer for the forsaid acts of manifast bangstry and oppression as the petition bears, The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above Lady Dumbeath with the petitioners sasine, They heirby give Order and warrand to the shirreff principall of Caithnes or his deputs to sett the petitioner at libertie from under the restraint she is keeped in And to Disposes the house of Dumbeath of the above John Sinclar and others unwarrantablie planted therin without the petitioners orders, And enter the petitioner to the peaceable possession therof in the same termes as she possessed it before the above interuption, made be the said John Sinclar And in the mean tyme allowes the said John Sinclar to be cited To Compeir before the Councill the nynth day of march nixt to come to answer to the above points alledged against him And Grant warrand for citeing witnesses.

1. NRS, PC2/24, 148r-149r.

1. NRS, PC2/24, 148r-149r.

Petition, 27 December 1692, Edinburgh

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Edinburgh the Twentie seventh day of December Jaj vjc nyntie two years

D1692/12/281

Petition

[Petition Charles Emeltoune]

Petition Charles Emeltoune Read and Remitted to the baillies of the Cannogate to hear the petitioner and also Captaine Young as whose instance he is incarcerat and to doe in the matter as they shall find Just.

Edinburgh the Twentie seventh day of December Jaj vjc nyntie two years

D1692/12/281

Petition

[Petition Charles Emeltoune]

Petition Charles Emeltoune Read and Remitted to the baillies of the Cannogate to hear the petitioner and also Captaine Young as whose instance he is incarcerat and to doe in the matter as they shall find Just.

1. NRS, PC2/24, 148r.

1. NRS, PC2/24, 148r.

Warrant, 27 December 1692, Edinburgh

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Edinburgh the Twentie seventh day of December Jaj vjc nyntie two years

D1692/12/271

Warrant

[Captain Robert Young]

The Lords of their majesties privy Councill Doe heirby give warrand to the Clerks of Privy Councill to Deliver up to Captaine Robert Young in Collonell Grahames foot Regiement ane bond Lying in their hands taken before the Committie of Councill appointed anent souldiers or persones alledged taken on to be souldiers be Robert Corsbie seaman in Preston principall and James Anderson ventnar burges of Edinburgh and Robert Wishart writter ther as Cautioners for the said Robert Corsbies Compeirance before the said Robert Corsbies Compeirance before the said Committie when called under the penaltie of Ten punds Sterling dated the nyntein day of December instant

Edinburgh the Twentie seventh day of December Jaj vjc nyntie two years

D1692/12/271

Warrant

[Captain Robert Young]

The Lords of their majesties privy Councill Doe heirby give warrand to the Clerks of Privy Councill to Deliver up to Captaine Robert Young in Collonell Grahames foot Regiement ane bond Lying in their hands taken before the Committie of Councill appointed anent souldiers or persones alledged taken on to be souldiers be Robert Corsbie seaman in Preston principall and James Anderson ventnar burges of Edinburgh and Robert Wishart writter ther as Cautioners for the said Robert Corsbies Compeirance before the said Robert Corsbies Compeirance before the said Committie when called under the penaltie of Ten punds Sterling dated the nyntein day of December instant

1. NRS, PC2/24, 147v-148r.

1. NRS, PC2/24, 147v-148r.

Order, 27 December 1692, Edinburgh

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Edinburgh the Twentie seventh day of December Jaj vjc nyntie two years

D1692/12/261

Order

Order anent Dalgardno and Jamison

In the Competition betwixt Mr Alexander Jamisone and Mr Androw Dalgardno anent the stipend of Tyrie The Comittie haveing reported that the Master of Saltoune would not depart from his gift Bot remitted to the Councill to doe as they thought fitt The Councill adds the Laird of Grant to the Committie and Recomends to the Committie to writt to the Earls of 2 Erroll, Kintor, and the master of Forbes to know from them or any of them a true Charactar of both the parties and of their behavior and particularly anent the government.

Edinburgh the Twentie seventh day of December Jaj vjc nyntie two years

D1692/12/261

Order

Order anent Dalgardno and Jamison

In the Competition betwixt Mr Alexander Jamisone and Mr Androw Dalgardno anent the stipend of Tyrie The Comittie haveing reported that the Master of Saltoune would not depart from his gift Bot remitted to the Councill to doe as they thought fitt The Councill adds the Laird of Grant to the Committie and Recomends to the Committie to writt to the Earls of 2 Erroll, Kintor, and the master of Forbes to know from them or any of them a true Charactar of both the parties and of their behavior and particularly anent the government.

1. NRS, PC2/24, 147v.

2. The word ‘Kintoir’ scored out here.

1. NRS, PC2/24, 147v.

2. The word ‘Kintoir’ scored out here.

Act, 27 December 1692, Edinburgh

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Edinburgh the Twentie seventh day of December Jaj vjc nyntie two years

D1692/12/251

Act

Act and Remitt The Inhabitants of the Cannogate

Anent a Petition given in to the Lords of their Majesties privy Councill be the poor inhabitants of the Cannogate Shewing That ther they hade been these many years bygone and presently are under such heavie burdeins of Locall and transient quartureings Cesses and annuittie That they were dayly forced to disert the place and live their Orphants objects of Charity they who bear quartureing being for the most part poor tradsmen that have nothing to live upon but the work of their hands, Which being formerly represented to the saids Lords of privy Councill Their Lordships by their act dated the nynth of september Jaj vjc Eightie five for the preservation of the place found that they ought not to be farder burthened with quartureing of the kings forces whither horss foot or dragoons then the other suburbs of Edinburgh And Ordained the quarterings to be proportioned accordingly Which being done, The Wast Port and Potteraw’s pairt of the Cannogats burdein was found to be a thrid as appeared by the act theranent of the date the nynth January Jaj vjc Eightie four years Conforme wherinto the West Port and Potteraw have allwayes been in use to receive and quarter the thrid of the Cannogats burdein as their pairt untill this day being the twentie two of December Jaj vjc nyntie two That Sir James Leslie Comander in Cheif of their Majesties forces in Scotland upon some slender reasones has removed that company quarturing one the West Port from their setled quarters ther to the Cannogate, And has Ordained the constables to provyde them quarters also within the Cannogat by and attour their due proportion proposeing to concurr for a releif in money from the West Port equivolent to their share of the quartureing Which the petitioners humbly conceaved would not take effect In Respect of the act of Parliament made anent quartureing of their majesties forces Dischargeing the uplifting of dry quarters And Therfore Humbly Craveing the saids Lords to Ordaine the said Company to returne to their quarters at the West Port, That so the petitioners be not further burthened then their due proportion and therby be keeped in some condition to be Serviceable to the government as the petition bears The Lords of their majesties privy Councill haveing Considered this Petition given in to them be the inhabitants of the Cannogate with the writtes mentioned therin They heirby Recomend to the Lord high Chancellor to speak to Sir James Lesly Commander in Cheif for the tyme of their majesties forces within this kingdom, That he remove the West-Port proportion of his regiement from off the petitioners and quarter them within the west port as formerly, That the petitioners be not burdeined with more then their oun proportione Conforme to the former act of Councill.

Edinburgh the Twentie seventh day of December Jaj vjc nyntie two years

D1692/12/251

Act

Act and Remitt The Inhabitants of the Cannogate

Anent a Petition given in to the Lords of their Majesties privy Councill be the poor inhabitants of the Cannogate Shewing That ther they hade been these many years bygone and presently are under such heavie burdeins of Locall and transient quartureings Cesses and annuittie That they were dayly forced to disert the place and live their Orphants objects of Charity they who bear quartureing being for the most part poor tradsmen that have nothing to live upon but the work of their hands, Which being formerly represented to the saids Lords of privy Councill Their Lordships by their act dated the nynth of september Jaj vjc Eightie five for the preservation of the place found that they ought not to be farder burthened with quartureing of the kings forces whither horss foot or dragoons then the other suburbs of Edinburgh And Ordained the quarterings to be proportioned accordingly Which being done, The Wast Port and Potteraw’s pairt of the Cannogats burdein was found to be a thrid as appeared by the act theranent of the date the nynth January Jaj vjc Eightie four years Conforme wherinto the West Port and Potteraw have allwayes been in use to receive and quarter the thrid of the Cannogats burdein as their pairt untill this day being the twentie two of December Jaj vjc nyntie two That Sir James Leslie Comander in Cheif of their Majesties forces in Scotland upon some slender reasones has removed that company quarturing one the West Port from their setled quarters ther to the Cannogate, And has Ordained the constables to provyde them quarters also within the Cannogat by and attour their due proportion proposeing to concurr for a releif in money from the West Port equivolent to their share of the quartureing Which the petitioners humbly conceaved would not take effect In Respect of the act of Parliament made anent quartureing of their majesties forces Dischargeing the uplifting of dry quarters And Therfore Humbly Craveing the saids Lords to Ordaine the said Company to returne to their quarters at the West Port, That so the petitioners be not further burthened then their due proportion and therby be keeped in some condition to be Serviceable to the government as the petition bears The Lords of their majesties privy Councill haveing Considered this Petition given in to them be the inhabitants of the Cannogate with the writtes mentioned therin They heirby Recomend to the Lord high Chancellor to speak to Sir James Lesly Commander in Cheif for the tyme of their majesties forces within this kingdom, That he remove the West-Port proportion of his regiement from off the petitioners and quarter them within the west port as formerly, That the petitioners be not burdeined with more then their oun proportione Conforme to the former act of Councill.

1. NRS, PC2/24, 147r-147v.

1. NRS, PC2/24, 147r-147v.

Decreet, 27 December 1692, Edinburgh

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Edinburgh the Twentie seventh day of December Jaj vjc nyntie two years

D1692/12/241

Decreet

Decreet Suspension The Marishall Collodge Against The heritors of Foveraigne

Anent the bill of suspension given in to the Lords of ther majesties privy Councill be Alexander Udney of that ilk Mr Alexander Forbes elder of Foveraigne Samuell Forbes Younger therof, John Udney of Newtyle and Alexander Forbes of Sauch for themselves in name and behalf of the remanent heritors and fewars within the parochin of Foveraigne Shewing That quher they are charge at the instance of Mr Alexander moor procurator of the New Collodge of Aberdeen and factor appointed for uplifting the Stipend of the kirk of Foveraigne for the year Jaj vjc nyntie one To make payment to him of the said years stipend for the use and behoove of the principall and members of the said new Collodge each of them conforme to their respective valuationes and proportion conforme to ane act of the saids Lords granted theranent dated the twentie two day of December last by past And against which act the petitioners ought to be reponed for the reasones and Causes following first the forsaid act of Councill Is altogither in absence and only founded upon a petitione given in by the said Collodge without citeing the petitioners heritors or allowing them to See and answer the samen Otherwayes if they hade been cited and Compeiring they would have alledged as now they alledge Primo That the Patrones gifting the said stipend to the said Collodge was not conforme to the Law for by the act of Parliament Jaj vjc Eightie five made anent vaccand Stipends the patrons are ordained primo loco to Imploy the samen upon pious uses within the parish nor presbytrie And so it is that Mr Robert Udney schooll master of the said Paroch upon the presbytries recomendatione and to the great satisfactione of the haill parishioners has now be the Space of two years Served the cure by preaching at the said kirk without any acknowledgment or reward, And this being unquestionably ane pious and good use within the parish The said vaccant Stipends ought in the first place to have been applyed in satisfaction to the said Mr Robert, For the pious Labours, And not upon any extraneous use Secundo the petitioners and the said Mr Robert Udney did tymeously apply to the saids Lords for that effect, Bot the petition was neglected to be presented to the saids Lords by the Clerks and the Samen with the testificat of his service was therwith produced to the saids Lords Conforme wherunto they now Crave preferrence, To so much of the forsaid stipend as the saids Lords should think fitt To allow to the said Mr Robert for his so good Service And that the saids Lords would recall the forsaid act as being altogither in absence And Therfor etc Nevertheless for the more obedience they were content aither to find Caution acted in the saids Lords books or to debate the foresaid reasones sumarly, And Therfore Humbly Craveing the saids Lords would Grant letters for Sumonding the said Charger To have Compeired before the saids Lords at ane certain day bygone, Bring with him the forsaid act to have been seen and Considered be the said Lords and to have heard and seen the samen suspended for the reasones and Causses forsaids and others As the said bill of Suspension bear Which being read in presence of the saids Lords They allowed the Chargers procurators to see and answer the samen who haveing accordingly taken up the petition Gave in the answers following It Is answered to the first that ther is no necessitie for Calling the heritors seing the Patron was Compeiring with whose Consent the vaccant stipends are to be Disposed Naither can they pretend any prejudice by their not being called Unles that they would alledge that they hade bona fide made payment which cannot be pretended, And as to the pretence of what is bestowed upon the Collodg is not for ane pious use within the paroch the Same Is altogither frivilous Seing what is bestowed upon the Collodge is ane universall concerne, and profitable not only for the paroch Bot also for Scotland, And what tends to the education of youth most certainely be esteemed and pious use, And it is admired why the said parishoners Doe So much contravert the payment of this years Stipend to the Collodge upon pretence that it is not for ane pious use within the parish seing they made present payment of the former stipend to one Mr Gordon who is not a conforme minister and that the most part of the parish are willing to pay except these four ingravers of the forsaid bill and the pretence of the Schooll masters preaching and serveing of the cure Is Lyke wayes of no moment Seing that it is altogither Just Tertij to the heritors to found therupon And if need were it would be made appear that the kirk was for the most part served by the presbytrie of Ellon within which it Lyes, And if the Schooll-master preached it was only at certane tymes, neither is preaching the wholl dutie of a minister ther being much more Requyred viz the administratione of the Sacraments visiteing the Sick, Catachiseing and mariadge etc So that be no reason can the schooll master Demand the vaccant Stipend, And farder the Schooll master is no object of Charitie his Sallerie as such being almost as good as ordinary ministers stipends haveing a mortificatione besyde the ordinary dues, And farther dureing the vaccancie he has possest both manse and Gleib which is ane suficient requytall for all his ordinary and extraordinary paines It is answered to the second as said is, Primo It is Jus Tertij to the petitioners to found therupon and albeit it ware not Jus Tertij for them It is so farr from argueing for the petitioners that one the Contrary it argues against them Seing it therby appears that the saids Lords have hade the Schooll masters caise under their consideratione And yet notwithstanding therof preferred the Collodge In Respect quherof the desyre of the bill ought to be refused as the answers bears And Sicklike anent the petitione given in to the Lords of privy Councill be the said Mr Robert Udney therin designed preacher at the kirk off Foveraigne with concourse of the Laird of Udney Foveraigne and other heritors of that parochin and also the presbytrie of Elgine within which the same Lyes. Shewing That quher the petitioner since February Jaj vjc nyntie hade up on the call of the heritors Supplied the vaccancie of the said kirk of Foveraigne by preaching ther sincesyne to their great contentment and approbation of the presbytrie as testificats under the saids heritors and presbytries hands therwith produced bears Be vertue quherof and according to the law It was hoped the petitioner would be found to have right to the stipend at least some allowance furth therof, And it being of veritie that upon the petitioners late application to the saids Lords for getting some allowance out of the stipend Jaj vjc nevertheless the petitioner was totally excluded by ane order of the saids Lords in favors of Mr Robert Gordon late minister at […] for the stipend of the said cropt Jaj vjc nyntie And now seing the Stipend of this cropt Jaj vjc nyntie one Is free And not as yett affected by destinationes in favors of any person so that the petitioner humbly hoped that the saids Lords would be favorably pleased. In Consideration of his Service at the said kirk of Foveraign as said is to allow him this years stipend for the cropt Jaj vjc nyntie one, And that upon this specified Consideration That the petitioners case comes under the Compass of these 2 pious uses within the parochin as the act of Parliament ane omnia Ordaines the patrones to Imploy the vaccand stipends towards the releif of And Therfore Humbly Craveing the saids Lords to allow him this years stipend for this cropt Jaj vjc nyntie one And preferr him therin to the Collodge of Aberdeen or any others out with the parochin that are pretenders, therfore as the petitione bears The saids Lords of their majesties privy Councill Haveing Considered the above bill and reasones of Suspensione with the answers made therto be the charger and petition given in therto be Mr Robert Udney They Refuse the above bill and reasones of Suspension And Ordaines the former letters at the chargers instance to be put to farther execution.

Edinburgh the Twentie seventh day of December Jaj vjc nyntie two years

D1692/12/241

Decreet

Decreet Suspension The Marishall Collodge Against The heritors of Foveraigne

Anent the bill of suspension given in to the Lords of ther majesties privy Councill be Alexander Udney of that ilk Mr Alexander Forbes elder of Foveraigne Samuell Forbes Younger therof, John Udney of Newtyle and Alexander Forbes of Sauch for themselves in name and behalf of the remanent heritors and fewars within the parochin of Foveraigne Shewing That quher they are charge at the instance of Mr Alexander moor procurator of the New Collodge of Aberdeen and factor appointed for uplifting the Stipend of the kirk of Foveraigne for the year Jaj vjc nyntie one To make payment to him of the said years stipend for the use and behoove of the principall and members of the said new Collodge each of them conforme to their respective valuationes and proportion conforme to ane act of the saids Lords granted theranent dated the twentie two day of December last by past And against which act the petitioners ought to be reponed for the reasones and Causes following first the forsaid act of Councill Is altogither in absence and only founded upon a petitione given in by the said Collodge without citeing the petitioners heritors or allowing them to See and answer the samen Otherwayes if they hade been cited and Compeiring they would have alledged as now they alledge Primo That the Patrones gifting the said stipend to the said Collodge was not conforme to the Law for by the act of Parliament Jaj vjc Eightie five made anent vaccand Stipends the patrons are ordained primo loco to Imploy the samen upon pious uses within the parish nor presbytrie And so it is that Mr Robert Udney schooll master of the said Paroch upon the presbytries recomendatione and to the great satisfactione of the haill parishioners has now be the Space of two years Served the cure by preaching at the said kirk without any acknowledgment or reward, And this being unquestionably ane pious and good use within the parish The said vaccant Stipends ought in the first place to have been applyed in satisfaction to the said Mr Robert, For the pious Labours, And not upon any extraneous use Secundo the petitioners and the said Mr Robert Udney did tymeously apply to the saids Lords for that effect, Bot the petition was neglected to be presented to the saids Lords by the Clerks and the Samen with the testificat of his service was therwith produced to the saids Lords Conforme wherunto they now Crave preferrence, To so much of the forsaid stipend as the saids Lords should think fitt To allow to the said Mr Robert for his so good Service And that the saids Lords would recall the forsaid act as being altogither in absence And Therfor etc Nevertheless for the more obedience they were content aither to find Caution acted in the saids Lords books or to debate the foresaid reasones sumarly, And Therfore Humbly Craveing the saids Lords would Grant letters for Sumonding the said Charger To have Compeired before the saids Lords at ane certain day bygone, Bring with him the forsaid act to have been seen and Considered be the said Lords and to have heard and seen the samen suspended for the reasones and Causses forsaids and others As the said bill of Suspension bear Which being read in presence of the saids Lords They allowed the Chargers procurators to see and answer the samen who haveing accordingly taken up the petition Gave in the answers following It Is answered to the first that ther is no necessitie for Calling the heritors seing the Patron was Compeiring with whose Consent the vaccant stipends are to be Disposed Naither can they pretend any prejudice by their not being called Unles that they would alledge that they hade bona fide made payment which cannot be pretended, And as to the pretence of what is bestowed upon the Collodg is not for ane pious use within the paroch the Same Is altogither frivilous Seing what is bestowed upon the Collodge is ane universall concerne, and profitable not only for the paroch Bot also for Scotland, And what tends to the education of youth most certainely be esteemed and pious use, And it is admired why the said parishoners Doe So much contravert the payment of this years Stipend to the Collodge upon pretence that it is not for ane pious use within the parish seing they made present payment of the former stipend to one Mr Gordon who is not a conforme minister and that the most part of the parish are willing to pay except these four ingravers of the forsaid bill and the pretence of the Schooll masters preaching and serveing of the cure Is Lyke wayes of no moment Seing that it is altogither Just Tertij to the heritors to found therupon And if need were it would be made appear that the kirk was for the most part served by the presbytrie of Ellon within which it Lyes, And if the Schooll-master preached it was only at certane tymes, neither is preaching the wholl dutie of a minister ther being much more Requyred viz the administratione of the Sacraments visiteing the Sick, Catachiseing and mariadge etc So that be no reason can the schooll master Demand the vaccant Stipend, And farder the Schooll master is no object of Charitie his Sallerie as such being almost as good as ordinary ministers stipends haveing a mortificatione besyde the ordinary dues, And farther dureing the vaccancie he has possest both manse and Gleib which is ane suficient requytall for all his ordinary and extraordinary paines It is answered to the second as said is, Primo It is Jus Tertij to the petitioners to found therupon and albeit it ware not Jus Tertij for them It is so farr from argueing for the petitioners that one the Contrary it argues against them Seing it therby appears that the saids Lords have hade the Schooll masters caise under their consideratione And yet notwithstanding therof preferred the Collodge In Respect quherof the desyre of the bill ought to be refused as the answers bears And Sicklike anent the petitione given in to the Lords of privy Councill be the said Mr Robert Udney therin designed preacher at the kirk off Foveraigne with concourse of the Laird of Udney Foveraigne and other heritors of that parochin and also the presbytrie of Elgine within which the same Lyes. Shewing That quher the petitioner since February Jaj vjc nyntie hade up on the call of the heritors Supplied the vaccancie of the said kirk of Foveraigne by preaching ther sincesyne to their great contentment and approbation of the presbytrie as testificats under the saids heritors and presbytries hands therwith produced bears Be vertue quherof and according to the law It was hoped the petitioner would be found to have right to the stipend at least some allowance furth therof, And it being of veritie that upon the petitioners late application to the saids Lords for getting some allowance out of the stipend Jaj vjc nevertheless the petitioner was totally excluded by ane order of the saids Lords in favors of Mr Robert Gordon late minister at […] for the stipend of the said cropt Jaj vjc nyntie And now seing the Stipend of this cropt Jaj vjc nyntie one Is free And not as yett affected by destinationes in favors of any person so that the petitioner humbly hoped that the saids Lords would be favorably pleased. In Consideration of his Service at the said kirk of Foveraign as said is to allow him this years stipend for the cropt Jaj vjc nyntie one, And that upon this specified Consideration That the petitioners case comes under the Compass of these 2 pious uses within the parochin as the act of Parliament ane omnia Ordaines the patrones to Imploy the vaccand stipends towards the releif of And Therfore Humbly Craveing the saids Lords to allow him this years stipend for this cropt Jaj vjc nyntie one And preferr him therin to the Collodge of Aberdeen or any others out with the parochin that are pretenders, therfore as the petitione bears The saids Lords of their majesties privy Councill Haveing Considered the above bill and reasones of Suspensione with the answers made therto be the charger and petition given in therto be Mr Robert Udney They Refuse the above bill and reasones of Suspension And Ordaines the former letters at the chargers instance to be put to farther execution.

1. NRS, PC2/24, 144v-146v.

2. The word ‘points’ scored out here.

1. NRS, PC2/24, 144v-146v.

2. The word ‘points’ scored out here.

Petition, 27 December 1692, Edinburgh

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Edinburgh the Twentie seventh day of December Jaj vjc nyntie two years

D1692/12/231

Petition

[Petition Countess of Lauderdale]

Petition The Countes of Lauderdale against the Countes Dowager therof Craveing the proces at the Countes Dowagers instance to be delayed till the nixt Councill day Read and Granted and appoints the Countes to be ready the nixt Councill day.

Edinburgh the Twentie seventh day of December Jaj vjc nyntie two years

D1692/12/231

Petition

[Petition Countess of Lauderdale]

Petition The Countes of Lauderdale against the Countes Dowager therof Craveing the proces at the Countes Dowagers instance to be delayed till the nixt Councill day Read and Granted and appoints the Countes to be ready the nixt Councill day.

1. NRS, PC2/24, 144v.

1. NRS, PC2/24, 144v.

Sederunt, 27 December 1692, Edinburgh

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Edinburgh the Twentie seventh day of December Jaj vjc nyntie two years1

D1692/12/222

Sederunt

Lord Chancelor; Earl of Linlithgow; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Brodalbine; Viscount Tarbatt; Viscount Stair; Lord Raith thesr dept; Lord Cardross; Lord Carmicheall; Lord Justice Clerk; Lord Advocat; Lord Hatton; Lord Fountonhall; Lord Enstruther; Laird of Grant; Laird of Blackbarrony; Laird of Pollock; Sir William Lockhart

Edinburgh the Twentie seventh day of December Jaj vjc nyntie two years1

D1692/12/222

Sederunt

Lord Chancelor; Earl of Linlithgow; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Brodalbine; Viscount Tarbatt; Viscount Stair; Lord Raith thesr dept; Lord Cardross; Lord Carmicheall; Lord Justice Clerk; Lord Advocat; Lord Hatton; Lord Fountonhall; Lord Enstruther; Laird of Grant; Laird of Blackbarrony; Laird of Pollock; Sir William Lockhart

1. NRS, PC2/24, 144v.

2. NRS, PC2/24, 144v.

1. NRS, PC2/24, 144v.

2. NRS, PC2/24, 144v.

Warrant, 27 December 1692, Edinburgh

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Att Edinburgh the Tuenty Seventh day of December Jaj vjc nyntie tuo years

A1692/12/531

Warrant

Warrand to give up Captain Hugh Campbells bond

Anent the petitione Given in to the Lords of there majesties privie Councill be Captain Hugh Campbell maister of the ship Called the Elizabeth of Arguyll Mr John Campbell brother to the Earle of Arguyll and Sir Coline Campbell of Arkinlayes Shewing That whereas The Saids Lords in Junij last Haveing granted a Commission to the said Captain Campbell to goe out as a privateer And he as principall And the said Mr John Campbell and Sir Coline Campbell as Cautioners Haveing given bond for faithfull observing and performing of all things requisite on his pairt according to the true meaning of the said Comissione and now Sieing there Lordships hes suspended the said Comissione So that the said Captain Hugh Campbell Cannot act any more be vertue thereof And therefore craveing to the effect under wreitten as the said petitione bears The Saids Lords of there Majesties privie Councill Haveing considered this petitione Given in to them be the above Captain Hugh Campbell and others They hereby allow the Clerks of privie Councill to delyver up to the petitioner or aither of them the above bond of Cautionrie The petitioner first delyvering back to the saids Clerks the above Commissione of Councill granted to the said Captain Hugh Campbell

At Edinburgh 27 December 1692

A1692/12/531

Warrant

Warrant to give up Captain Hugh Campbell’s bond

Concerning the petition given in to the lords of their majesties’ privy council by Captain Hugh Campbell, master of the ship called the Elizabeth of Argyll, Mr John Campbell, brother to the [Archibald Campbell], earl of Argyll and Sir Colin Campbell of Ardkinglass showing that whereas the said lords in June last, having granted a commission to the said Captain Campbell to go out as a privateer and he as principal, and the said Mr John Campbell and Sir Colin Campbell as cautioners having given bond for faithful observing and performing of all things requisite on his part, according to the true meaning of the said commission, and now seeing their lordships have suspended the said commission so that the said Captain Hugh Campbell cannot act any more by virtue thereof, and therefore craving to the effect underwritten, as the said petition bears. The said lords of their majesties’ privy council, having considered this petition given in to them by the above Captain Hugh Campbell and others, they hereby allow the clerks of privy council to deliver up to the petitioner, or either of them, the above bond of cautionry, the petitioner first delivering back to the said clerks the above commissione of council granted to the said Captain Hugh Campbell.

1. PC1/48, 530-31.

1. PC1/48, 530-31.

Procedure, 27 December 1692, Edinburgh

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Att Edinburgh the Tuenty Seventh day of December Jaj vjc nyntie tuo years

A1692/12/521

Procedure

Offices declared vacant And Lord Advocat appoynted to wreitt to the Secretarie

The lords of there Majesties privie Councill doe Find that the offices of the shirreffship and other offices formerly possest be the persones mentioned in there interloquitor of the date the tuenty second day of December instant who were by that Interloquitor appoynted to be cited are vacant and that there is no necessity to cite these persones And recomends to there majesties advocat to wreitt to the secretary of state To know his majesties pleasure how these offices are to be Supplyed.

At Edinburgh 27 December 1692

A1692/12/521

Procedure

Offices declared vacant and the lord advocate appointed to write to the secretary

The lords of their majesties’ privy council find that the offices of the sheriffship and other offices formerly possessed by the persons mentioned in their interlocutor of 22 December instant who were by that interlocutor appointed to be cited, are vacant and that there is no necessity to cite those persons, and they recommend to [Sir James Stewart of Goodtrees], their majesties’ advocate to write to [James Dalrymple, Viscount Stair], secretary of state, to know his majesty’s pleasure how these offices are to be supplied.

1. PC1/48, 530.

1. PC1/48, 530.