Tag Archives: 27 February 1694

Act, 27 February 1694, Edinburgh

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Act

Act Baillie of Jariswood.

Petition George Baillie of Jariswood Read And the Councill Ordaines John Trotter to give his oath in presence of the Lord advocat anent the having of any writtes papers or discharges quherin the petitioner may have intrest and particularlie the discharges of the rest of Melerstoune Compted for be him to the Duke of Gordon and to exhibit and produce in the hands of the Clerks of Councill such of these writtes as he shall acknowledge the haveing to remaine in the Clerks hands till farder order of Councill

Edinburgh the Twentie Seventh day of February Jaj vjc nyntie four years

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Act

Act Baillie of Jariswood.

Petition George Baillie of Jariswood Read And the Councill Ordaines John Trotter to give his oath in presence of the Lord advocat anent the having of any writtes papers or discharges quherin the petitioner may have intrest and particularlie the discharges of the rest of Melerstoune Compted for be him to the Duke of Gordon and to exhibit and produce in the hands of the Clerks of Councill such of these writtes as he shall acknowledge the haveing to remaine in the Clerks hands till farder order of Councill

1. NRS, PC2/24, 350r.

1. NRS, PC2/24, 350r.

Act, 27 February 1694, Edinburgh

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D1694/2/371

Act

Act The Duke of Hamiltone

Anent a Petition given in to the Lords of their majesties privy Councill be the Duke of Hamilton Shewing That quheras the deceast William Blair being Chamberland to the petitioner at Lessmahago he was in arrear to the petitioner of his intromissions in a Considerable soume, And the petitioner haveing pursued George Blair as representing his father for payment of what was resting upon the passive titles and he refuses to represent upon Which the petitioner being Conformed executor dative to the said William Blair he has confirmed six severall bonds and ane tiket belonging to the defunct viz a bond granted be Hamiltone of Raploch and another be Weir of Kerss and a thrid be Douglas of Dunsyre, And a fourth be Leyner in Milnehaugh and a Fifth be Menzies of Harperfeield and the sixth be David Whyte in Auchinbeg and a ticket granted be Mr John Kilpatrick Extending in all to about sixtein or seventein hundred pund as appeared by the confirmed testament therwith produced Which bonds are in the Custody of the said George Blair who is a dragoon in Coll Cunninghames Regiement, And he being now to goe of the Countrey with the said regiement, And if he should Cary the bonds with him or convey the samen to Other hands The petitioner will be absolutely prejudged of any payment of the debt due to him that he expects that way And seing in such ane exigence as this That the petitioner cannot before any other Judicatorie obtaine the bonds to be delivered to him It is Just and reasonable that the petitioner should cause secure these bonds before the said George Blair go off the Countrey And Therfore humbly supplicating the said Lords to the effect aftermentioned The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above Duke of Hamiltone and confirmed testificat mentioned therin and produced therwith They heirby Recomend to Sir Thomas Livingston Commander in Cheiff of their Majesties forces within this kingdome to call for the above George Blair and to ordaine him to exhibit the above bonds in the Clerks of Councills hands upon Oath therto remaine and be keeped by them to be furth comeing to all parties haveing intrest And in case the said Sir Thomas Livingston Find any deficultie in taking the parties Oath Recomends to him to make Report to the Councill and to forbear the takeing the parties oath

Edinburgh the Twentie Seventh day of February Jaj vjc nyntie four years

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Act

Act The Duke of Hamiltone

Anent a Petition given in to the Lords of their majesties privy Councill be the Duke of Hamilton Shewing That quheras the deceast William Blair being Chamberland to the petitioner at Lessmahago he was in arrear to the petitioner of his intromissions in a Considerable soume, And the petitioner haveing pursued George Blair as representing his father for payment of what was resting upon the passive titles and he refuses to represent upon Which the petitioner being Conformed executor dative to the said William Blair he has confirmed six severall bonds and ane tiket belonging to the defunct viz a bond granted be Hamiltone of Raploch and another be Weir of Kerss and a thrid be Douglas of Dunsyre, And a fourth be Leyner in Milnehaugh and a Fifth be Menzies of Harperfeield and the sixth be David Whyte in Auchinbeg and a ticket granted be Mr John Kilpatrick Extending in all to about sixtein or seventein hundred pund as appeared by the confirmed testament therwith produced Which bonds are in the Custody of the said George Blair who is a dragoon in Coll Cunninghames Regiement, And he being now to goe of the Countrey with the said regiement, And if he should Cary the bonds with him or convey the samen to Other hands The petitioner will be absolutely prejudged of any payment of the debt due to him that he expects that way And seing in such ane exigence as this That the petitioner cannot before any other Judicatorie obtaine the bonds to be delivered to him It is Just and reasonable that the petitioner should cause secure these bonds before the said George Blair go off the Countrey And Therfore humbly supplicating the said Lords to the effect aftermentioned The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above Duke of Hamiltone and confirmed testificat mentioned therin and produced therwith They heirby Recomend to Sir Thomas Livingston Commander in Cheiff of their Majesties forces within this kingdome to call for the above George Blair and to ordaine him to exhibit the above bonds in the Clerks of Councills hands upon Oath therto remaine and be keeped by them to be furth comeing to all parties haveing intrest And in case the said Sir Thomas Livingston Find any deficultie in taking the parties Oath Recomends to him to make Report to the Councill and to forbear the takeing the parties oath

1. NRS, PC2/24, 349r-349v.

1. NRS, PC2/24, 349r-349v.

Act, 27 February 1694, Edinburgh

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Act

Act Elizabeth Douglas

Anent a Petition given in to the Lords of their Majesties privy Council be Mr Androw Melvill late minister at Morhame Shewing That by ane act of this present Current parliament The patrones of the respective kirks are Impowered to dispose of the vaccand stipends for pious and Charitable uses, The petitioner haveing a numerous family of Childrein and left behind in a mean Conditione hade recourse to John Stansfeild sone to the deceast Sir James Stanford of Newmylnes patron of the kirk of Morhame intreating him in Commiseration of the petitioner indigent and necessitous Conditione to bestow upon the vaccant stipend of the said kirk Which is due for the cropt and year of god Jaj vjc nyntie two remaineing, yet in the hundred of the heritors unuplifted and indisposed off And the said John Stansfeild throw the incumberances and deficulties of his deceast fathers affairs Is affraid to doe any deed that my inferr behavior or passive title against him as representing his said umquhill father refused to grant the petitioner a right therto altho he is most willing and Content that the petitioner should have at, And has Remitted it wholly to the Lords disposall as appears by ane letter under his hand heirwith produced bears And Therfore humbly Craveing the saids Lords to pity and Commiserat the suplicants necessitous Conditione and to dispose of the said years vaccand stipend in her favors and to ordaine the heritors lyfrenters and others Lyable in payment therof, And ther factors and Chamberlands to make due and readie payment of the samen as the said petition bears The Lords of their Majesties privy Councill haveing Considered this petitione given in to them be the above Elizabeth Douglas with the letter from the above Sir James Stanfeilds sone mentioned therin mentioned therin and produced therwith They hereby allow to the petitioner the stipend of the above kirk of Morhame for the haill Cropt and year of God Jaj vjc nyntie two years And Ordaines her to be readiely answered obeyed and payed therof be the heritors fewers wodsetters Lyfrentars titulars tacksmen of teynds tennants possessrs and others Lyable in payment of the same, And ordaines letters of horning under the signet of councill to be direct against them for that effect she produceing a decreet of Locality and in case ther be no decreet of Locality, Ordaines these Lyable to make payment to the petitioner of their respective proportiones of the said years stipend according as they shall be decerned be the Judge ordinary

Edinburgh the Twentie Seventh day of February Jaj vjc nyntie four years

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Act

Act Elizabeth Douglas

Anent a Petition given in to the Lords of their Majesties privy Council be Mr Androw Melvill late minister at Morhame Shewing That by ane act of this present Current parliament The patrones of the respective kirks are Impowered to dispose of the vaccand stipends for pious and Charitable uses, The petitioner haveing a numerous family of Childrein and left behind in a mean Conditione hade recourse to John Stansfeild sone to the deceast Sir James Stanford of Newmylnes patron of the kirk of Morhame intreating him in Commiseration of the petitioner indigent and necessitous Conditione to bestow upon the vaccant stipend of the said kirk Which is due for the cropt and year of god Jaj vjc nyntie two remaineing, yet in the hundred of the heritors unuplifted and indisposed off And the said John Stansfeild throw the incumberances and deficulties of his deceast fathers affairs Is affraid to doe any deed that my inferr behavior or passive title against him as representing his said umquhill father refused to grant the petitioner a right therto altho he is most willing and Content that the petitioner should have at, And has Remitted it wholly to the Lords disposall as appears by ane letter under his hand heirwith produced bears And Therfore humbly Craveing the saids Lords to pity and Commiserat the suplicants necessitous Conditione and to dispose of the said years vaccand stipend in her favors and to ordaine the heritors lyfrenters and others Lyable in payment therof, And ther factors and Chamberlands to make due and readie payment of the samen as the said petition bears The Lords of their Majesties privy Councill haveing Considered this petitione given in to them be the above Elizabeth Douglas with the letter from the above Sir James Stanfeilds sone mentioned therin mentioned therin and produced therwith They hereby allow to the petitioner the stipend of the above kirk of Morhame for the haill Cropt and year of God Jaj vjc nyntie two years And Ordaines her to be readiely answered obeyed and payed therof be the heritors fewers wodsetters Lyfrentars titulars tacksmen of teynds tennants possessrs and others Lyable in payment of the same, And ordaines letters of horning under the signet of councill to be direct against them for that effect she produceing a decreet of Locality and in case ther be no decreet of Locality, Ordaines these Lyable to make payment to the petitioner of their respective proportiones of the said years stipend according as they shall be decerned be the Judge ordinary

1. NRS, PC2/24, 348v-349r.

1. NRS, PC2/24, 348v-349r.

Act, 27 February 1694, Edinburgh

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Act

Act The magistrats and toune Councill of Glasgow.

Anent a Petition given in to the Lords of their Majesties privy Councill be the magistrats and toune Councill of Glasgow Shewing That quher the petitioners haveing given in a petitione to the saids Lords Craveing a Ratificatione of the proportiones of the foot Levie Laird upon the burghs of the shire of Lanerk by the Commissioners and heritors of the said shire at their meeting in […] Last And desyreing for the readiest way to clear it, That the Lords would be pleased to appoint some indifferent persones to interpose betwixt the petitioners, Which maner of procedour hath offended severall of the Gentlmen of the shire heir upon the place and their not being present at the meeting of the shyre hath occasioned this mistake not knowing the grounds upon Which the Commissioners did proceid And Wee being loath to give any offence But most willing to keep up the good Corrospondence betwixt the gentlmen and the petitioners And seing they Declare the grounds upon which They did proceid in proportioning the thrid part of the present Levie of foot to the burghs of the shire was upon the account the burgs was exeemed and did bear no proportion of the former horss Levies, The petitioners are Content at this present exigent to bear this proportione upon the forsaid Consideratione least the present Levie be retarded And Therfore humbly suplicating to the effect aftermentioned The Lords of ther Majesties privy Councill haveing Considered this petition given in to them be the above Magistrats and toune of Glasgow They heirby allow and appoint the above Commisioners and heritors to meet at Lannerk upon the Fourtein day of March nixt and to take the petition to ther Consideratione and make such a2 setlement of the petitioners Just proportiones as may prevent all debates in time comeing, And to proportion the present food Levie betwixt the burghs of Glasgow, Lanerk and Rutherglen and recalls the former act of Councill granted upon the toune of Glasgowes petitione of the date the fiftein day of February instant And Deliver any procedor theron;

Edinburgh the Twentie Seventh day of February Jaj vjc nyntie four years

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Act

Act The magistrats and toune Councill of Glasgow.

Anent a Petition given in to the Lords of their Majesties privy Councill be the magistrats and toune Councill of Glasgow Shewing That quher the petitioners haveing given in a petitione to the saids Lords Craveing a Ratificatione of the proportiones of the foot Levie Laird upon the burghs of the shire of Lanerk by the Commissioners and heritors of the said shire at their meeting in […] Last And desyreing for the readiest way to clear it, That the Lords would be pleased to appoint some indifferent persones to interpose betwixt the petitioners, Which maner of procedour hath offended severall of the Gentlmen of the shire heir upon the place and their not being present at the meeting of the shyre hath occasioned this mistake not knowing the grounds upon Which the Commissioners did proceid And Wee being loath to give any offence But most willing to keep up the good Corrospondence betwixt the gentlmen and the petitioners And seing they Declare the grounds upon which They did proceid in proportioning the thrid part of the present Levie of foot to the burghs of the shire was upon the account the burgs was exeemed and did bear no proportion of the former horss Levies, The petitioners are Content at this present exigent to bear this proportione upon the forsaid Consideratione least the present Levie be retarded And Therfore humbly suplicating to the effect aftermentioned The Lords of ther Majesties privy Councill haveing Considered this petition given in to them be the above Magistrats and toune of Glasgow They heirby allow and appoint the above Commisioners and heritors to meet at Lannerk upon the Fourtein day of March nixt and to take the petition to ther Consideratione and make such a2 setlement of the petitioners Just proportiones as may prevent all debates in time comeing, And to proportion the present food Levie betwixt the burghs of Glasgow, Lanerk and Rutherglen and recalls the former act of Councill granted upon the toune of Glasgowes petitione of the date the fiftein day of February instant And Deliver any procedor theron;

1. NRS, PC2/24, 348r-348v.

2. Insertion.

1. NRS, PC2/24, 348r-348v.

2. Insertion.

Order, 27 February 1694, Edinburgh

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Order

Recomendatione to the Thesaurie Weir of Kirkfeild

Anent a petition given in to the Lords of their majesties privy Councill be John Weir of Kirkfeild Shewing That quher the saids Lords of their act and order of the date the threttein of Aprill Jaj vjc nyntie thrie years did promiss a Reward of Twentie punds sterling to any persone or persones who should seaz upon and deliver to any of their majesties Judges or mesengers the persones of any of the rebells in the Bass named in the said act amongst whom Gavin Johnstone being one, And the petitioner haveing apprehended him within the toune of Dumber and delivered him with John Trotter and some other 2 prisoners to the magistrats of Edinburgh quher they are now in Custody, The petitioner in all humility expects from the saids Lords Justices and the publict faith interposed in the said act a Recomendatione to the Lords of the thessaurie appoynting the Said Soume of Twentie pounds Sterling to be payed to the petitioner for seazing the said Gavin Johnstone according as the like was formerly done to Sir William Bairds servants who apprehended some of the rebells mentioned in the said order of Councill And Therfore Humbly Suplicating to the effect aftermentioned The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above John Weir of Kirkfeild They heirby Recommend to the Lords Commissioners of their Majesties thesaurie, To Cause effectuall payment be made to the petitioner of the soume of Twentie punds sterling for seazing the above Gavin Johnstone.

Edinburgh the Twentie Seventh day of February Jaj vjc nyntie four years

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Order

Recomendatione to the Thesaurie Weir of Kirkfeild

Anent a petition given in to the Lords of their majesties privy Councill be John Weir of Kirkfeild Shewing That quher the saids Lords of their act and order of the date the threttein of Aprill Jaj vjc nyntie thrie years did promiss a Reward of Twentie punds sterling to any persone or persones who should seaz upon and deliver to any of their majesties Judges or mesengers the persones of any of the rebells in the Bass named in the said act amongst whom Gavin Johnstone being one, And the petitioner haveing apprehended him within the toune of Dumber and delivered him with John Trotter and some other 2 prisoners to the magistrats of Edinburgh quher they are now in Custody, The petitioner in all humility expects from the saids Lords Justices and the publict faith interposed in the said act a Recomendatione to the Lords of the thessaurie appoynting the Said Soume of Twentie pounds Sterling to be payed to the petitioner for seazing the said Gavin Johnstone according as the like was formerly done to Sir William Bairds servants who apprehended some of the rebells mentioned in the said order of Councill And Therfore Humbly Suplicating to the effect aftermentioned The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above John Weir of Kirkfeild They heirby Recommend to the Lords Commissioners of their Majesties thesaurie, To Cause effectuall payment be made to the petitioner of the soume of Twentie punds sterling for seazing the above Gavin Johnstone.

1. NRS, PC2/24, 347v.

2. The word ‘persones’ scored out here.

1. NRS, PC2/24, 347v.

2. The word ‘persones’ scored out here.

Act, 27 February 1694, Edinburgh

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Act

Act The Earle of Anandale for the stipend of Moffat

Anent a Petition given in to the Lords of ther Majesties privy Councill be William Earle of Anandale Shewing That quher the petitioner as air to his father stands heretablie infeft and seased in the Lands of Moffat and others errected in a free regality and in the patronadge of the Kirk of Moffat and teynds parsonadge and viccaradge of the said paroch kirk and parishen of Moffat holden of the kings Majestie Conforme to his oun and his predecessors right and infeftments be vertue quherof by the twentie thrid act of their Majesties particular intitulled act concerning patronadges The petitioner has right to the Vaccand stipend of the said parochin of Moffat to be applyed for pious usses within the said paroch notwithstanding quherof And that the petitioner was allwayes inclyneable to have applyed the said vaccand stipend for pious usses Especially for repairing the kirk and manse Which are altogither ruinous some of the heritors of the said parish did in August Jaj vjc nyntie one upon a petitione given in by them to the saids Lords in the petitioners absence when the petitioner was at London, and without the petitioners knowledge procure a warrand from the saids Lords Impowering the now deceast John Hunter in Dumfrees as factor for the said heritors to uplift the vaccand stipend of the said parish of Moffat for the years Jaj vjc Eightie nyne and Jaj vjc nyntie to have been Imployed for repairing the kirk and manse By vertue of Which the said John Hunter as factor forsaid did actually intromitt and uplift a Considerable part of the said two years stipend for severall of the said heritors and has neither repaired the kirk nor manse which are now in every ruinous Conditione And will altogither fall to the ground If the samen be not speedily repaired, And seing the petitioner is not only the heritor of the greatest half of the parish, But lykewayes stands heretabllie infeft in the patronadge and teinds of the said paroshin and therby and be vertue of the late acts of parliament has the undoubted right to intromitt with the vaccand stipends and Imploy the Samen for repairing the kirk and mase and other pious use within the said parish, Which the petitioner is most willing to doe and that albeit the said now deceast John Hunter as factor forsaid be vertue of the saids Lords forsaid act in the petitioners absence did intromitt with a Considerable part of the said two years vaccand stipends yet he has neither repaired the kirk nor manse nor will his representatives compt with the petitioner as patron for his intromissiones without the saids Lords warrand for that effect And Therfore humbly Craveing the saids Lords would take the premises to their Consideratione and to grant Warrand and Commission to the petitioner as patron of the said parish not only to Cause the representatives of the said umquhill John Hunter to make Compt reckoning and payment to the petitioner of his intromissiones with the said two years vaccand stipend But also to intromitt with and uplift the subsequent vaccand stipends of the said parishin of all years and termes sincesyne and in time comeing dureing the vaccancie of the said kirk, Except in so farr as the samen is gifted all ready and disposed upon in favors of Sarah Johnstone relict of the deceast Mr David Johnstone minister of the said kirk And to discharge all others from medling therwith Especially seing the petitioner is most willing to Imploy and apply the said vaccand stipends for repairatione of the said kirk and manse and other pious uses within the parish Conforme to the act of parliament and lawes of the kingdome as the petition bears The Lords of their Majesties privy Councill Haveing Considered this petition given in to them be the above Earle of Annandale They heirby Ordain The representatives of the above John Hunter and […] his Cautioner in the bond given in to the Councill for the said John Hunter as factor for uplifting the stipend of Moffat vaccand of the years Jaj vjc Eightie nyne and Nyntie To make Just Compt reckoning and payment to the said Earle As patron of the said kirk of the said umquhill John Hunter his intromissiones of the said vaccand stipend for the years forsaids And Ordaines all executione Competent upon the said bond against the representatives of the said factor and his said Cautioner to proceid and be used at the instance of the said Earle to that effect And the saids Lords heirby Recomends And Grants full power and warrand to the said Earle of Anandale by himself or the factors to be appoynted by him for that effect to intromitt with uplift and receive the rests of the vaccand stipend of the said kirk of Moffat for the saids years Jaj vjc Eightie nyne and Jaj vjc nyntie so farr therof as is not all ready uplifted by the said deceast John Hunter And lykewayes the vaccand stipend of the said kirk for all years and termes since the said year Jaj vjc nyntie and in time coming dureing the vaccancy of the said kirk Except in so farr as the same is allready 2 gifted and disposed upon in fewars of Sarrah Johnstone relict of the deceast Mr David Johnstone minister at the said kirk And Decernes and Ordaines the heritors wodsetters Lyfrenters tenants possessors and others Lyable in payment of the said stipend to make payment therof Conforme to their severall proportiones to the said Earle or factor to be nominat by him for that effect dureing the space forsaid, The termes of payment being allwayes first Come and bygone, The said Earle as patron of the said kirk being allwayes oblidged to Imploy and apply the vaccand stipends of the said Church for repairation of the said kirk and manse and other pious uses within the parish Conforme to the acts of parliament and Lawes of this kingdome made theranent And Ordaines letters of horning to be direct heiron under the signet of Councill and others informe as effeirs.

Edinburgh the Twentie Seventh day of February Jaj vjc nyntie four years

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Act

Act The Earle of Anandale for the stipend of Moffat

Anent a Petition given in to the Lords of ther Majesties privy Councill be William Earle of Anandale Shewing That quher the petitioner as air to his father stands heretablie infeft and seased in the Lands of Moffat and others errected in a free regality and in the patronadge of the Kirk of Moffat and teynds parsonadge and viccaradge of the said paroch kirk and parishen of Moffat holden of the kings Majestie Conforme to his oun and his predecessors right and infeftments be vertue quherof by the twentie thrid act of their Majesties particular intitulled act concerning patronadges The petitioner has right to the Vaccand stipend of the said parochin of Moffat to be applyed for pious usses within the said paroch notwithstanding quherof And that the petitioner was allwayes inclyneable to have applyed the said vaccand stipend for pious usses Especially for repairing the kirk and manse Which are altogither ruinous some of the heritors of the said parish did in August Jaj vjc nyntie one upon a petitione given in by them to the saids Lords in the petitioners absence when the petitioner was at London, and without the petitioners knowledge procure a warrand from the saids Lords Impowering the now deceast John Hunter in Dumfrees as factor for the said heritors to uplift the vaccand stipend of the said parish of Moffat for the years Jaj vjc Eightie nyne and Jaj vjc nyntie to have been Imployed for repairing the kirk and manse By vertue of Which the said John Hunter as factor forsaid did actually intromitt and uplift a Considerable part of the said two years stipend for severall of the said heritors and has neither repaired the kirk nor manse which are now in every ruinous Conditione And will altogither fall to the ground If the samen be not speedily repaired, And seing the petitioner is not only the heritor of the greatest half of the parish, But lykewayes stands heretabllie infeft in the patronadge and teinds of the said paroshin and therby and be vertue of the late acts of parliament has the undoubted right to intromitt with the vaccand stipends and Imploy the Samen for repairing the kirk and mase and other pious use within the said parish, Which the petitioner is most willing to doe and that albeit the said now deceast John Hunter as factor forsaid be vertue of the saids Lords forsaid act in the petitioners absence did intromitt with a Considerable part of the said two years vaccand stipends yet he has neither repaired the kirk nor manse nor will his representatives compt with the petitioner as patron for his intromissiones without the saids Lords warrand for that effect And Therfore humbly Craveing the saids Lords would take the premises to their Consideratione and to grant Warrand and Commission to the petitioner as patron of the said parish not only to Cause the representatives of the said umquhill John Hunter to make Compt reckoning and payment to the petitioner of his intromissiones with the said two years vaccand stipend But also to intromitt with and uplift the subsequent vaccand stipends of the said parishin of all years and termes sincesyne and in time comeing dureing the vaccancie of the said kirk, Except in so farr as the samen is gifted all ready and disposed upon in favors of Sarah Johnstone relict of the deceast Mr David Johnstone minister of the said kirk And to discharge all others from medling therwith Especially seing the petitioner is most willing to Imploy and apply the said vaccand stipends for repairatione of the said kirk and manse and other pious uses within the parish Conforme to the act of parliament and lawes of the kingdome as the petition bears The Lords of their Majesties privy Councill Haveing Considered this petition given in to them be the above Earle of Annandale They heirby Ordain The representatives of the above John Hunter and […] his Cautioner in the bond given in to the Councill for the said John Hunter as factor for uplifting the stipend of Moffat vaccand of the years Jaj vjc Eightie nyne and Nyntie To make Just Compt reckoning and payment to the said Earle As patron of the said kirk of the said umquhill John Hunter his intromissiones of the said vaccand stipend for the years forsaids And Ordaines all executione Competent upon the said bond against the representatives of the said factor and his said Cautioner to proceid and be used at the instance of the said Earle to that effect And the saids Lords heirby Recomends And Grants full power and warrand to the said Earle of Anandale by himself or the factors to be appoynted by him for that effect to intromitt with uplift and receive the rests of the vaccand stipend of the said kirk of Moffat for the saids years Jaj vjc Eightie nyne and Jaj vjc nyntie so farr therof as is not all ready uplifted by the said deceast John Hunter And lykewayes the vaccand stipend of the said kirk for all years and termes since the said year Jaj vjc nyntie and in time coming dureing the vaccancy of the said kirk Except in so farr as the same is allready 2 gifted and disposed upon in fewars of Sarrah Johnstone relict of the deceast Mr David Johnstone minister at the said kirk And Decernes and Ordaines the heritors wodsetters Lyfrenters tenants possessors and others Lyable in payment of the said stipend to make payment therof Conforme to their severall proportiones to the said Earle or factor to be nominat by him for that effect dureing the space forsaid, The termes of payment being allwayes first Come and bygone, The said Earle as patron of the said kirk being allwayes oblidged to Imploy and apply the vaccand stipends of the said Church for repairation of the said kirk and manse and other pious uses within the parish Conforme to the acts of parliament and Lawes of this kingdome made theranent And Ordaines letters of horning to be direct heiron under the signet of Councill and others informe as effeirs.

1. NRS, PC2/24, 345v-347r.

2. The word ‘granted’ scored out here.

1. NRS, PC2/24, 345v-347r.

2. The word ‘granted’ scored out here.

Sederunt, 27 February 1694, Edinburgh

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Sederunt

Lord Chancelor; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Anandale; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Raith; Lord Ross; Lord Polwarth; Lord Advocat; Lord Hatton; Mr Fr: Montgomery; Laird of Stivenson; Sir Thomas Livingston

Edinburgh the Twentie Seventh day of February Jaj vjc nyntie four years1

D1694/2/322

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Anandale; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Raith; Lord Ross; Lord Polwarth; Lord Advocat; Lord Hatton; Mr Fr: Montgomery; Laird of Stivenson; Sir Thomas Livingston

1. NRS, PC2/24, 345v.

2. NRS, PC2/24, 345v.

1. NRS, PC2/24, 345v.

2. NRS, PC2/24, 345v.

Commission by the Council, 27 February 1694, Edinburgh

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Att Edinburgh The Tuentie seventh day of february Jaj vic nyntie four years

A1694/2/591

Commission by the Council

Commission Captain Eduard Burd

The Lords of their Majesties privie Councill Considering that the Isle and rock of the Bass and rebells therin who have Long held out in rebellion may now be in some straits for uant of provisions And as is Informed are in daylie expectation to be succored and releived by some of the enemys shipps or vessells that may arryve therat As also that the rebells in the said Island have off Late had the boldnes to seize a bark uithin the firth For which reasons The saids Lords have thought good to outreik and fitt out a frygott sufficiently provyded uith men arms and amunition And in the absence of the Duke of Hamilton Lord high Admirall and in the present exigence to Give Commission to the person afternamed to Command the said frygott for to watch the said Bass and to hinder all manner of provisions and supplies to be brought or entered into it And Lykewise to secure the shipps and vessells belonging to his Majesties Leidges that may be in hazard from their attacks and surpryses And the saids Lords having speciall trust and Confidence in the Loyaltie Courage and Conduct of Captain Eduard master of the good ship called the Lyon Have therfore nominated and appointed and heirby nominat and appoint the said Captain Eduard Burd to be Captaine of the said good ship or frygott called the Lyon of the burthen of tuo Hundred tuns or therby and tuenty peices of ordinance with all amunitione proportionable as a man of uar Commissionat in their Majesties service To the speciall effect underwryten allenarly Giving Granting and Committing to the said Captaine full pouer warrand and Commission and charge to saile furth his forsaid ship or frygott manned and provyded as above to watch the forsaid Island and fort of the Bass And for that end to Cruise betuixt St Abbs head and Fyffeness day and night uith all care and dilligence And to seize all shipps and vessells whatsomever great or small bound or Justly suspect to be bound for the said Isle and fort of the Bass or to any other port uithin the firth for the supplying and releiving therof uith any sorte of provisions of men victuall armes or amunition or others whatsomever And if need beis upon resistance to fight destroy or otherwise2 overmaster the saids shipps or vessells as he shall see cause As Lykewayes to seize all shipps boats or vessells whatsomever coming from the Bass And in caise of resistance to fight destroy and otherwise overmaster them as above And Generallie to watch and shutt up the forsaid rock and Island and rebells therin uith all possible care and strictness and use all manner of hostility against them for that effect And to reduce them by all methods possible And ordains the said Captaine to secure and preserve harmless and skaithless all shipps and vessells whatsomever uith their goods and Loadning belonging to their Majesties good subjects or allies from all attempts and violences aither from the saids rebells in the Bass or of any other their Majesties Enemys And also Gives full pouer and Commission to the said Captaine to seize all shipps and vessells belonging to Enemyes in proppertie or having Commission from them uithin the firth or the bounds above designed for the saids frygotts Cruizing And that if need beis)3 by fighting destroying or otherwise overmastering the saids enemyes as he shall see cause and to bring the shipps or vessells so overmastered and apprehended to any port or harbour of this kingdome uithout breaking bulk or altering the proppertie therof to be proceeded against and Judged according to Law in the high Court of admirality of this kingdome or such other Court or Courts as by a particular and speciall warrand and Commissione shall be sufficiently authorized to doe the same And to the effect that after such proceedings and adjudication The saids Enemyes shipps and goods be sold and disposed as of right appertains provyded aluayes that out of such shipps and vessells as also out of wairs and merchandize whatsomever found aboard the saids vessells as shall be Judged Laufull prize Ther be payed the tenths to the Lord high Admirall or to any who shall have sufficient warrand and pouer to receave the same And the remainder to be disposed off by the Lords of Thesaury for their Majesties use Authorizing the said Captain Generallie to doe and performe all and every thing that touards the executione of the haill premisses necessary and requisite promitting to hold firm and stable all and whatsomever things shall be Laufully done by the said Captaine be vertue of these presents And ordains this Commissione to Continow and endure ay and while the samen be recalled by the Kings Majestie or by us or to the said Island be surrendered And Lastly the saids Lords ordaine the said Captain before he shall Act any thing be vertue of these presents to find sufficient Cautione acted in the books of privie Councill for the faithfull observing of the premisses and such farder articles and Instructions as his Majestie or the Councill shall give toutching the same Signed and sealled by the signet of Councill at Edinburgh the tuenty Eight day of February Jaj vic nyntie four years sic subscribitur Tueeddall cancel: Southerland Cassillis Linlithgow Forfar Raith Ross James Steuart Fra: Muntgomery Thomas Livingstoune signet affixed

Att Edinburgh The Tuentie seventh day of february Jaj vic nyntie four years

A1694/2/591

Commission by the Council

Commission Captain Eduard Burd

The Lords of their Majesties privie Councill Considering that the Isle and rock of the Bass and rebells therin who have Long held out in rebellion may now be in some straits for uant of provisions And as is Informed are in daylie expectation to be succored and releived by some of the enemys shipps or vessells that may arryve therat As also that the rebells in the said Island have off Late had the boldnes to seize a bark uithin the firth For which reasons The saids Lords have thought good to outreik and fitt out a frygott sufficiently provyded uith men arms and amunition And in the absence of the Duke of Hamilton Lord high Admirall and in the present exigence to Give Commission to the person afternamed to Command the said frygott for to watch the said Bass and to hinder all manner of provisions and supplies to be brought or entered into it And Lykewise to secure the shipps and vessells belonging to his Majesties Leidges that may be in hazard from their attacks and surpryses And the saids Lords having speciall trust and Confidence in the Loyaltie Courage and Conduct of Captain Eduard master of the good ship called the Lyon Have therfore nominated and appointed and heirby nominat and appoint the said Captain Eduard Burd to be Captaine of the said good ship or frygott called the Lyon of the burthen of tuo Hundred tuns or therby and tuenty peices of ordinance with all amunitione proportionable as a man of uar Commissionat in their Majesties service To the speciall effect underwryten allenarly Giving Granting and Committing to the said Captaine full pouer warrand and Commission and charge to saile furth his forsaid ship or frygott manned and provyded as above to watch the forsaid Island and fort of the Bass And for that end to Cruise betuixt St Abbs head and Fyffeness day and night uith all care and dilligence And to seize all shipps and vessells whatsomever great or small bound or Justly suspect to be bound for the said Isle and fort of the Bass or to any other port uithin the firth for the supplying and releiving therof uith any sorte of provisions of men victuall armes or amunition or others whatsomever And if need beis upon resistance to fight destroy or otherwise2 overmaster the saids shipps or vessells as he shall see cause As Lykewayes to seize all shipps boats or vessells whatsomever coming from the Bass And in caise of resistance to fight destroy and otherwise overmaster them as above And Generallie to watch and shutt up the forsaid rock and Island and rebells therin uith all possible care and strictness and use all manner of hostility against them for that effect And to reduce them by all methods possible And ordains the said Captaine to secure and preserve harmless and skaithless all shipps and vessells whatsomever uith their goods and Loadning belonging to their Majesties good subjects or allies from all attempts and violences aither from the saids rebells in the Bass or of any other their Majesties Enemys And also Gives full pouer and Commission to the said Captaine to seize all shipps and vessells belonging to Enemyes in proppertie or having Commission from them uithin the firth or the bounds above designed for the saids frygotts Cruizing And that if need beis)3 by fighting destroying or otherwise overmastering the saids enemyes as he shall see cause and to bring the shipps or vessells so overmastered and apprehended to any port or harbour of this kingdome uithout breaking bulk or altering the proppertie therof to be proceeded against and Judged according to Law in the high Court of admirality of this kingdome or such other Court or Courts as by a particular and speciall warrand and Commissione shall be sufficiently authorized to doe the same And to the effect that after such proceedings and adjudication The saids Enemyes shipps and goods be sold and disposed as of right appertains provyded aluayes that out of such shipps and vessells as also out of wairs and merchandize whatsomever found aboard the saids vessells as shall be Judged Laufull prize Ther be payed the tenths to the Lord high Admirall or to any who shall have sufficient warrand and pouer to receave the same And the remainder to be disposed off by the Lords of Thesaury for their Majesties use Authorizing the said Captain Generallie to doe and performe all and every thing that touards the executione of the haill premisses necessary and requisite promitting to hold firm and stable all and whatsomever things shall be Laufully done by the said Captaine be vertue of these presents And ordains this Commissione to Continow and endure ay and while the samen be recalled by the Kings Majestie or by us or to the said Island be surrendered And Lastly the saids Lords ordaine the said Captain before he shall Act any thing be vertue of these presents to find sufficient Cautione acted in the books of privie Councill for the faithfull observing of the premisses and such farder articles and Instructions as his Majestie or the Councill shall give toutching the same Signed and sealled by the signet of Councill at Edinburgh the tuenty Eight day of February Jaj vic nyntie four years sic subscribitur Tueeddall cancel: Southerland Cassillis Linlithgow Forfar Raith Ross James Steuart Fra: Muntgomery Thomas Livingstoune signet affixed

1. NRS, PC1/49, 288-9.

2. The word ‘destroy’ scored out here.

3. Opening bracket missing.

1. NRS, PC1/49, 288-9.

2. The word ‘destroy’ scored out here.

3. Opening bracket missing.

Act, 27 February 1694, Edinburgh

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Att Edinburgh The Tuentie seventh day of february Jaj vic nyntie four years

A1694/2/581

Act

Act Discharging Boats barks or vessells from going to the Bass or furnishing supplies therto printed

The Lords of their Majesties privy Councill being Informed That severall of the Rebells who hold out the Isle and rock of the Bass are at present come or driven ashoare and that by the Late storms The Boats belonging to the saids Rebells are Lost which may prove ane effectuall mean of their Reduction Doe heirby strictly Command and charge all persons skippers ouners or possessors of Boats barks or other vessells great or small residing and possessing the saids boats barks or vessells on aither syde of the firth from Stirling to St Andreus on the on syde and from Stirling to Beruick on the other syde of the said Rock That they Carefully keep and secure the same both night and day from being aither seized upon stollen or otherwayes taken away by the saids rebells or any of them or any other persone for their use and service under all highest paines And that neither they nor any persone whatsoever presume to hyre Lend or otheruise furnish any boat bark or other vessell to the saids rebells or any of them or any other for their use and service under the paines due to Corresponders with and supplyers of rebells and Traitors And farder The saids Lords Doe heirby Renue and assure the promise of tuenty pound sterline formerly made to any persone who shall seize any of the saids rebells wherever they may be found and shall delyver the persone so seized to any of their Majesties officers aither Civill or military And they ordaine that these presents be printed and published att the mercat cross of Edinburgh and also at all the touns of the Coast of aither syde of the firth uithin the bounds forsaids that none pretend ignorance

Att Edinburgh The Tuentie seventh day of february Jaj vic nyntie four years

A1694/2/581

Act

Act Discharging Boats barks or vessells from going to the Bass or furnishing supplies therto printed

The Lords of their Majesties privy Councill being Informed That severall of the Rebells who hold out the Isle and rock of the Bass are at present come or driven ashoare and that by the Late storms The Boats belonging to the saids Rebells are Lost which may prove ane effectuall mean of their Reduction Doe heirby strictly Command and charge all persons skippers ouners or possessors of Boats barks or other vessells great or small residing and possessing the saids boats barks or vessells on aither syde of the firth from Stirling to St Andreus on the on syde and from Stirling to Beruick on the other syde of the said Rock That they Carefully keep and secure the same both night and day from being aither seized upon stollen or otherwayes taken away by the saids rebells or any of them or any other persone for their use and service under all highest paines And that neither they nor any persone whatsoever presume to hyre Lend or otheruise furnish any boat bark or other vessell to the saids rebells or any of them or any other for their use and service under the paines due to Corresponders with and supplyers of rebells and Traitors And farder The saids Lords Doe heirby Renue and assure the promise of tuenty pound sterline formerly made to any persone who shall seize any of the saids rebells wherever they may be found and shall delyver the persone so seized to any of their Majesties officers aither Civill or military And they ordaine that these presents be printed and published att the mercat cross of Edinburgh and also at all the touns of the Coast of aither syde of the firth uithin the bounds forsaids that none pretend ignorance

1. NRS, PC1/49, 287-8.

1. NRS, PC1/49, 287-8.

Commission by the Council, 27 February 1694, Edinburgh

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Att Edinburgh The Tuentie seventh day of february Jaj vic nyntie four years

A1694/2/571

Commission by the Council

Commission for Additionall Commissioners for the shyre of Edinburgh

The Lords of their Majesties privie Councill Considering That by the sixth Act of the second session of their Majesties Current parliament of this ther ancient kingdome of Scotland Ther are Commissioners appointed in each shyre of this kingdome for proportioning the supply by the said Act granted to their Majesties and for seing and ordoring the uplifting of the samen furth of the respective shyres wherof they are appointed Commissioners And that by the said Act It is remitted to the Lords of their Majesties privy Councill To nominat other persons to be Commissioners upon the death or not acceptance of any of the persons mentioned in the said Act And the saids Lords being Informed that the persons follouing who by the said Act are nominat Commissioners uithin the shyre of Edinburgh are deceased since the making therof viz Sir Alexander Gibbsone of Adingstoune Mr James Elies of Stenhousemilnes and Charles Olyphant of Langtoune And that severall others of the Commissioners nominat in the said Act Have not qualified themselves for the exercise of their saids offices and trust of Commissioners forsaids By suearing the oath of alleadgance to their Majesties and signing the assurance in the termes of the acts of parliament and Councill Therfore the saids Lords of privie Councill doe herby nominat and appoint the persons follouing viz Sir Patrick Nisbet of Dean William Moriestoune of Prestongrainge […] Brand of Babertoune Sir George Hamilton of Barntoune […] Douglass of Cliftonhall […] Burnet of Carlips James Stevensone of Heidmonsheills Alexander Calderuood Late baillzie of Dalkeith Mr Rodorick Mckenzie of Prestonhall Mr James Dalrymple […] and […] Hoppringle of Torsonce To be Commissioners of supplie in the said shyre of Edinburgh In place of these deceased or not accepting as said is and that for the effect above and in the said Act and subsequent acts of parliament particularly mentioned And Grants to the persons heirby nominated Commissioners as said is (so soon as they shall be qualified By suearing and signing the oath of alleadgance and subscriving the assurance to their Majesties King William and Queen Mary in the terms of the act of parliament) The same pouer priviledge and Commission which by the said Act of parliament is granted to the persons therin named To be exercised alse fullie and freely in all respects as if they had been named in the said Act of parliament and as any other Commissioners of Supplie in any other shyre does or may Laufullie doe and the saids Lords doe heirby authorize the person who shall be Conveener of the Commissioners of supplie in the said shire for the tyme or aither of them to Administer the oath of alleadgance to the saids Commissioners heirby nominated at said is and to see them suear and signe the same and subscrive the assurance appointed by the Act of parliament and that at the first dyet of the Commissioners meeting after thir presents shall Come to their hands And appoints the saids Comissioners to report the said alleadgance so suorn and the assurance so signed to the Clerks of their Majesties privy Councill and that within the space of […] After their meeting and administrating the said oath and assurance

Att Edinburgh The Tuentie seventh day of february Jaj vic nyntie four years

A1694/2/571

Commission by the Council

Commission for Additionall Commissioners for the shyre of Edinburgh

The Lords of their Majesties privie Councill Considering That by the sixth Act of the second session of their Majesties Current parliament of this ther ancient kingdome of Scotland Ther are Commissioners appointed in each shyre of this kingdome for proportioning the supply by the said Act granted to their Majesties and for seing and ordoring the uplifting of the samen furth of the respective shyres wherof they are appointed Commissioners And that by the said Act It is remitted to the Lords of their Majesties privy Councill To nominat other persons to be Commissioners upon the death or not acceptance of any of the persons mentioned in the said Act And the saids Lords being Informed that the persons follouing who by the said Act are nominat Commissioners uithin the shyre of Edinburgh are deceased since the making therof viz Sir Alexander Gibbsone of Adingstoune Mr James Elies of Stenhousemilnes and Charles Olyphant of Langtoune And that severall others of the Commissioners nominat in the said Act Have not qualified themselves for the exercise of their saids offices and trust of Commissioners forsaids By suearing the oath of alleadgance to their Majesties and signing the assurance in the termes of the acts of parliament and Councill Therfore the saids Lords of privie Councill doe herby nominat and appoint the persons follouing viz Sir Patrick Nisbet of Dean William Moriestoune of Prestongrainge […] Brand of Babertoune Sir George Hamilton of Barntoune […] Douglass of Cliftonhall […] Burnet of Carlips James Stevensone of Heidmonsheills Alexander Calderuood Late baillzie of Dalkeith Mr Rodorick Mckenzie of Prestonhall Mr James Dalrymple […] and […] Hoppringle of Torsonce To be Commissioners of supplie in the said shyre of Edinburgh In place of these deceased or not accepting as said is and that for the effect above and in the said Act and subsequent acts of parliament particularly mentioned And Grants to the persons heirby nominated Commissioners as said is (so soon as they shall be qualified By suearing and signing the oath of alleadgance and subscriving the assurance to their Majesties King William and Queen Mary in the terms of the act of parliament) The same pouer priviledge and Commission which by the said Act of parliament is granted to the persons therin named To be exercised alse fullie and freely in all respects as if they had been named in the said Act of parliament and as any other Commissioners of Supplie in any other shyre does or may Laufullie doe and the saids Lords doe heirby authorize the person who shall be Conveener of the Commissioners of supplie in the said shire for the tyme or aither of them to Administer the oath of alleadgance to the saids Commissioners heirby nominated at said is and to see them suear and signe the same and subscrive the assurance appointed by the Act of parliament and that at the first dyet of the Commissioners meeting after thir presents shall Come to their hands And appoints the saids Comissioners to report the said alleadgance so suorn and the assurance so signed to the Clerks of their Majesties privy Councill and that within the space of […] After their meeting and administrating the said oath and assurance

1. NRS, PC1/49, 286-7.

1. NRS, PC1/49, 286-7.