Tag Archives: 27 July 1697

Act, 27 July 1697, Edinburgh

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Att Edinburgh the twentie Seventh of Jully Jaj vic nyntie seven yeirs

D1697/7/251

Act

Act James Hair

Anent the petitione given in to the Lords of his majesties privie Cownsell be James Hair merchand in Drwmfreise Shewing That the petitioner being incouraged by ther Lordships former proclamatione allowing the importatione of victwall without paying of dwetie to frawght ane vessell at Poltowne in England in which ther was pwtt in board threttie thrie qwarter of barley to be imported and wnloaded at Dwmfreis which if not hindered by the reasones of the wynd would have arryved at the said port of Dwmfreis in twentie four houres tyme And Long befoir ther Lordships Last proclamatione dischargeing any furder allowance of the exemptione of Dwetie upon imported victwall the vessell imployed be the petitioner haveing sailed from Poltowne the threttie of Jwne Last as is evident by her Cocket under the hand of Thomas Noseworth collector therwith prodwced yet the collector of Dumfreis (because the vessell did not arrive befoir ther Lordships Last proclamatione dischargeing the benefite importers of victwall had by the first was intimat to him) refwises to allow the petitioner the dwetie and benefite Granted by the first proclamatione By which meanes the petitioner will Swstaine great Loss and be obleidged raither to send back the victwall to England then to offert to saill at Dwmfreis without haveing the benefite alloued him of the first proclamatione And therfore humbly craveing to the effect eftermentioned As the said petitione bears Which petitione being this day read and Considered be the saids Lords of privie Counsell They doe heirby declaire the petitioners victwall to be frie of all Custome and publict dwetie In caice he can legallie prove that the same was imported into any harboure Creik or port of this kingdome upon or befoir the twentie first of Jwllie instant And if he cannot prove the same then declaires the victwall lyable to the wswall impositiones and Dweties.

Att Edinburgh the twentie Seventh of Jully Jaj vic nyntie seven yeirs

D1697/7/251

Act

Act James Hair

Anent the petitione given in to the Lords of his majesties privie Cownsell be James Hair merchand in Drwmfreise Shewing That the petitioner being incouraged by ther Lordships former proclamatione allowing the importatione of victwall without paying of dwetie to frawght ane vessell at Poltowne in England in which ther was pwtt in board threttie thrie qwarter of barley to be imported and wnloaded at Dwmfreis which if not hindered by the reasones of the wynd would have arryved at the said port of Dwmfreis in twentie four houres tyme And Long befoir ther Lordships Last proclamatione dischargeing any furder allowance of the exemptione of Dwetie upon imported victwall the vessell imployed be the petitioner haveing sailed from Poltowne the threttie of Jwne Last as is evident by her Cocket under the hand of Thomas Noseworth collector therwith prodwced yet the collector of Dumfreis (because the vessell did not arrive befoir ther Lordships Last proclamatione dischargeing the benefite importers of victwall had by the first was intimat to him) refwises to allow the petitioner the dwetie and benefite Granted by the first proclamatione By which meanes the petitioner will Swstaine great Loss and be obleidged raither to send back the victwall to England then to offert to saill at Dwmfreis without haveing the benefite alloued him of the first proclamatione And therfore humbly craveing to the effect eftermentioned As the said petitione bears Which petitione being this day read and Considered be the saids Lords of privie Counsell They doe heirby declaire the petitioners victwall to be frie of all Custome and publict dwetie In caice he can legallie prove that the same was imported into any harboure Creik or port of this kingdome upon or befoir the twentie first of Jwllie instant And if he cannot prove the same then declaires the victwall lyable to the wswall impositiones and Dweties.

1. NRS, PC2/27, 21v-22r.

1. NRS, PC2/27, 21v-22r.

Act, 27 July 1697, Edinburgh

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Att Edinburgh the twentie Seventh of Jully Jaj vic nyntie seven yeirs

D1697/7/241

Act

Act Jean Porteows for stipend

Anent the petitione given in to the Lords of his majesties privie Counsell be Jean Porteows relict of the deceast Mr Charles Archibald minister at Kirkbeing Shewing That where here husband died actwall minister of Kirkbein about the terme of whitsonday Jaj vic fiftie eight who Left the petitioner with the charge of five fatherles childrein and verie Litle to mentaine herself and them upon which considerations the presbetrie of Dumfreise within which the parochin of Kirkbein lyes recomended the petitioner to some vaccand stipends out of her husbands paroch And declaired that the Same could not be more charitable bestoued then upon her and her five childrein as severall testificats and recomendationes therwith prodwced bears, wherupon the petitioner obtained ane decreit against the parochiners for the yeirs Jaj vic fiftie eight and fiftie nyn and the Samen being Suspended the petitioner obtained ane decreit of Suspensione for the saids two yeirs As the samen therwith prodwced Likewayes testifies But all her paines and great expensses she had bein at was frwstrat by ane petitione given in by Jennet Irvine relict of Mr Robert Browne who formerly had bein a minister ther to the parliament in the yeir Jaj vic and Sixtie ane wherby the parliament ordained her to gett the haill Stipend Since the day of the petitioners husbands decease without soe much as reserveing the Ann Due to the petitioner and her childrein And seing the said kirk of Kirkbein wherof the petitioners husband was minister is now vaccand And that the patron therof Robert Maxwell of Kirkhouse is a knowen papist and cannot Dispose upon the vaccand Stipends And it is the inclinatione and Desyre of the present presbetrie that the petitioner Should be Supplyed owt of vaccant Stipends as will appeare by ane recomendatione and testificat therwith prodwced which Cannot be effectwallie Done wnles ther Lordships be pleased to interpose ther authoritie to the petitioners getting therof the patron being popish as said is And therfore humbly craveing to the effect eftermentioned As the said petitione bears The saids Lords of his majesties privie Counsell haveing considered the above petitione with the wrytes mentioned therin and prodwced therwith They heirby allow to the petitioner the vaccand stipend of the said kirk of Kirkbein for the haill cropt and yeir of God Jaj vic and nyntie seven And decernes and ordaines the said petitioner to be readiely answered obeyed and payed of the said yeirs stipend by the heretors fewers wodsetters Liferenters titwllars tacksemen of teinds tennents possessors and others lyable in payment of the said yeirs stipend And ordains Letters of Horneing on fiftein dayes to be direct at the petitioners instance against the heretors and others foirsaids lyable in payment of the said yeirs Stipend upon productione of a decreit of Localitie And in caise ther be non ordaines the heretors and others foirsaids lyable in payment of the said yeirs Stipend to make payment therof to the petitioner according as they shall be decerned by the Judge ordinary

Att Edinburgh the twentie Seventh of Jully Jaj vic nyntie seven yeirs

D1697/7/241

Act

Act Jean Porteows for stipend

Anent the petitione given in to the Lords of his majesties privie Counsell be Jean Porteows relict of the deceast Mr Charles Archibald minister at Kirkbeing Shewing That where here husband died actwall minister of Kirkbein about the terme of whitsonday Jaj vic fiftie eight who Left the petitioner with the charge of five fatherles childrein and verie Litle to mentaine herself and them upon which considerations the presbetrie of Dumfreise within which the parochin of Kirkbein lyes recomended the petitioner to some vaccand stipends out of her husbands paroch And declaired that the Same could not be more charitable bestoued then upon her and her five childrein as severall testificats and recomendationes therwith prodwced bears, wherupon the petitioner obtained ane decreit against the parochiners for the yeirs Jaj vic fiftie eight and fiftie nyn and the Samen being Suspended the petitioner obtained ane decreit of Suspensione for the saids two yeirs As the samen therwith prodwced Likewayes testifies But all her paines and great expensses she had bein at was frwstrat by ane petitione given in by Jennet Irvine relict of Mr Robert Browne who formerly had bein a minister ther to the parliament in the yeir Jaj vic and Sixtie ane wherby the parliament ordained her to gett the haill Stipend Since the day of the petitioners husbands decease without soe much as reserveing the Ann Due to the petitioner and her childrein And seing the said kirk of Kirkbein wherof the petitioners husband was minister is now vaccand And that the patron therof Robert Maxwell of Kirkhouse is a knowen papist and cannot Dispose upon the vaccand Stipends And it is the inclinatione and Desyre of the present presbetrie that the petitioner Should be Supplyed owt of vaccant Stipends as will appeare by ane recomendatione and testificat therwith prodwced which Cannot be effectwallie Done wnles ther Lordships be pleased to interpose ther authoritie to the petitioners getting therof the patron being popish as said is And therfore humbly craveing to the effect eftermentioned As the said petitione bears The saids Lords of his majesties privie Counsell haveing considered the above petitione with the wrytes mentioned therin and prodwced therwith They heirby allow to the petitioner the vaccand stipend of the said kirk of Kirkbein for the haill cropt and yeir of God Jaj vic and nyntie seven And decernes and ordaines the said petitioner to be readiely answered obeyed and payed of the said yeirs stipend by the heretors fewers wodsetters Liferenters titwllars tacksemen of teinds tennents possessors and others lyable in payment of the said yeirs stipend And ordains Letters of Horneing on fiftein dayes to be direct at the petitioners instance against the heretors and others foirsaids lyable in payment of the said yeirs Stipend upon productione of a decreit of Localitie And in caise ther be non ordaines the heretors and others foirsaids lyable in payment of the said yeirs Stipend to make payment therof to the petitioner according as they shall be decerned by the Judge ordinary

1. NRS, PC2/27, 20v-21r.

1. NRS, PC2/27, 20v-21r.

Act, 27 July 1697, Edinburgh

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Att Edinburgh the twentie Seventh of Jully Jaj vic nyntie seven yeirs

D1697/7/231

Act

Act Patrick Johnstowne and others anent victwall

Anent the petitione given in to the Lords of his majesties privie Counsell be Patrick Johnstowne Late baillie in Edinburgh Alexander Campbell Alexander Clerk and Alexander Mcgill merchants in Edinburgh David Waike and Ralph Spwrrie English men Shewing That by ther Lordships proclamatione published the twentie of Jwllie instant all victwall to be imported is declaired to be lyable to cwstome and other dweties as befor the proclamatione published upon the sixth of August Jaj vic nyntie six And the collectors of his majesties Customes are appointed to collect and compt for the same accordinglie wherthrowgh the petitioners being heaviely prejudged humbly beg Libertie to lay before ther Lordships the reasones following why the particular qwantities of victwall belonging to them cannot be lyable to pay Custome viz primo In caises of the like nature formerlie when victwall was discharged to be imported or burdened if imported ther Lordships were allwayes for tender of the prejudice merchands might suffer that upon ther giveing oath that they had Commissioned and Loadned the victwall before the publishing of swch proclamationes or orders they were allwayes allowed to import the Same frie of the burden of the saids orders And here the petitioners caice is much more Jwst and favourable wher they are content to make faith to need beis to prove by wittnesses or other docwments beyond exceptione that pairt of the victwall belonging to to them the saids Patrick Johnstowne Alexander Campbell Alexander Clerk David Waike and Ralph Spurrie did arrive at Haymowth before the twelve or fourtein of Jwllie instant and a great pairt of them arrived Since at Leith two Dayes efter the proclamatione And the rest at Holy Island detained by contrairie minds Since that tyme And that the victwall belonging to the said Alexander Mcgill was pairtly lying upon the road of Leith in a Ship Long agoe reported and a Sufferance given for Livereing And wherof above thrie Hundereth bolls was Livered accordinglie and the rest of his victwall is at Haymouth and Holy Island Detained in maner foirsaid And it were the hardest thing imaginable to make the petitioners lyable for custome who have bowght Loadned imported and pairtlie Livered that Victwall directlie upon the prospected being frie of Custome And yet upon Such a Surprize to cause exact it from them which in effect is to take als much money out of ther pocket And Its hoped ther Lordships will be farr from Such a measure of rigoure towards them Secundo It was never contraverted but wher any vessells towcht at any port Creek or Harbour within this kingdome with ane intentione to Liber And much more out of doubt wher they had broken bwlk and Livered any pairt of ther Cargo but these goods were reputed alreadie imported So that in this caise even in the rigoure of the proclamatione All Victwall in that conditione must be frie of Dwetie as being alreadie imported And it were a verie great hardshipe to make the petitioner Suffer for contrairie winds And to be lyable for the burden of custome upon accompt And for causes they could nowayes prevent And therfor humblie craveing ther Lordships to discharge the collectors and others imployed in collecting his majesties customes to Levy and exact any Custome or other duety from the petitioners for the victwall belonging to them And lying aither in the Road of Leith or lying at Haymouth and Holy Island befor the said proclamatione And to appoint any of ther Lordships number or his majesties collectors or magistrat in the place to take ther oathes or receave such other Sufficient probatione As may cleare the qwantitie of the foirsaid victwall and wher it lyes and when it arrived ther to the effect the petitioners by ther Lordships goodnes may be saved from so heavie prejudice as will farr exceed what ever benefite they could have made by importing the foirsaid victwall upon the faith and incouradgement given by the government As the said petitione bears The saids Lords of his majesties privie Counsell haveing considered the above petitione They doe heirby declaire that all and any victwall imported into this kingdome by any of the petitioners And which was within any of the rivers harboures Creiks or ports of this kingdome And shall be legallie instrwcted to have bein within the same upon or befor the twentie one day of Jullie instant which is the date of the proclamatione recalling former acts and proclamationes of Counsell takeing off his majesties dweties imposed upon victwall imported within this Kingdome Is frie from payment of any Custome or other dwetie for the victwall for imported and discharges the collectors and others imployed in collecting his majesties Customes to Levy and exact any custome or other dwetie for the victwall belonging to the petitioners soe imported And being within the harboures rivers Creiks or ports of this kingdome upon or before the said twentie ane day of Jwllie instant

Att Edinburgh the twentie Seventh of Jully Jaj vic nyntie seven yeirs

D1697/7/231

Act

Act Patrick Johnstowne and others anent victwall

Anent the petitione given in to the Lords of his majesties privie Counsell be Patrick Johnstowne Late baillie in Edinburgh Alexander Campbell Alexander Clerk and Alexander Mcgill merchants in Edinburgh David Waike and Ralph Spwrrie English men Shewing That by ther Lordships proclamatione published the twentie of Jwllie instant all victwall to be imported is declaired to be lyable to cwstome and other dweties as befor the proclamatione published upon the sixth of August Jaj vic nyntie six And the collectors of his majesties Customes are appointed to collect and compt for the same accordinglie wherthrowgh the petitioners being heaviely prejudged humbly beg Libertie to lay before ther Lordships the reasones following why the particular qwantities of victwall belonging to them cannot be lyable to pay Custome viz primo In caises of the like nature formerlie when victwall was discharged to be imported or burdened if imported ther Lordships were allwayes for tender of the prejudice merchands might suffer that upon ther giveing oath that they had Commissioned and Loadned the victwall before the publishing of swch proclamationes or orders they were allwayes allowed to import the Same frie of the burden of the saids orders And here the petitioners caice is much more Jwst and favourable wher they are content to make faith to need beis to prove by wittnesses or other docwments beyond exceptione that pairt of the victwall belonging to to them the saids Patrick Johnstowne Alexander Campbell Alexander Clerk David Waike and Ralph Spurrie did arrive at Haymowth before the twelve or fourtein of Jwllie instant and a great pairt of them arrived Since at Leith two Dayes efter the proclamatione And the rest at Holy Island detained by contrairie minds Since that tyme And that the victwall belonging to the said Alexander Mcgill was pairtly lying upon the road of Leith in a Ship Long agoe reported and a Sufferance given for Livereing And wherof above thrie Hundereth bolls was Livered accordinglie and the rest of his victwall is at Haymouth and Holy Island Detained in maner foirsaid And it were the hardest thing imaginable to make the petitioners lyable for custome who have bowght Loadned imported and pairtlie Livered that Victwall directlie upon the prospected being frie of Custome And yet upon Such a Surprize to cause exact it from them which in effect is to take als much money out of ther pocket And Its hoped ther Lordships will be farr from Such a measure of rigoure towards them Secundo It was never contraverted but wher any vessells towcht at any port Creek or Harbour within this kingdome with ane intentione to Liber And much more out of doubt wher they had broken bwlk and Livered any pairt of ther Cargo but these goods were reputed alreadie imported So that in this caise even in the rigoure of the proclamatione All Victwall in that conditione must be frie of Dwetie as being alreadie imported And it were a verie great hardshipe to make the petitioner Suffer for contrairie winds And to be lyable for the burden of custome upon accompt And for causes they could nowayes prevent And therfor humblie craveing ther Lordships to discharge the collectors and others imployed in collecting his majesties customes to Levy and exact any Custome or other duety from the petitioners for the victwall belonging to them And lying aither in the Road of Leith or lying at Haymouth and Holy Island befor the said proclamatione And to appoint any of ther Lordships number or his majesties collectors or magistrat in the place to take ther oathes or receave such other Sufficient probatione As may cleare the qwantitie of the foirsaid victwall and wher it lyes and when it arrived ther to the effect the petitioners by ther Lordships goodnes may be saved from so heavie prejudice as will farr exceed what ever benefite they could have made by importing the foirsaid victwall upon the faith and incouradgement given by the government As the said petitione bears The saids Lords of his majesties privie Counsell haveing considered the above petitione They doe heirby declaire that all and any victwall imported into this kingdome by any of the petitioners And which was within any of the rivers harboures Creiks or ports of this kingdome And shall be legallie instrwcted to have bein within the same upon or befor the twentie one day of Jullie instant which is the date of the proclamatione recalling former acts and proclamationes of Counsell takeing off his majesties dweties imposed upon victwall imported within this Kingdome Is frie from payment of any Custome or other dwetie for the victwall for imported and discharges the collectors and others imployed in collecting his majesties Customes to Levy and exact any custome or other dwetie for the victwall belonging to the petitioners soe imported And being within the harboures rivers Creiks or ports of this kingdome upon or before the said twentie ane day of Jwllie instant

1. NRS, PC2/27, 19r-20v.

1. NRS, PC2/27, 19r-20v.

Decreet, 27 July 1697, Edinburgh

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Att Edinburgh the twentie Seventh of Jully Jaj vic nyntie seven yeirs

D1697/7/221

Decreet

Decreit Gordoune Against Uddney of that ilk

Anent our Soveraigne Lords Letters of Suspensione raised and persewed befor The Lords of his majesties privie Cownsell at the instance of Alexander Uddney of that ilk Makeing mentione that wher the Complainer is charged be vertue of Letters of horning raised at the instance of Mr James Gordon minister of the gospell to make payment to him of the severall qwantities of victwall and money efterspecified Viz The number and qwantitie of Threttie bolls one firlot one peck and ane haddish meall Threttie bolls two firlots bear and Fourscore nyn punds two Shilling Six pence Scotts money being the said Complainers proportione of the chargers Stipend at the kirk of Foverane yeirly and ilk yeir for the cropts and yeirs of God Jaj vic nyntie thrie Jaj vic nyntie four and Jaj vic and nyntie five yeirs And the number and qwantitie of Fifftein bolls two pecks half a peck and half a haddish of meall six bolls and their firlots beare and Fourtie Four punds Eleven Shilling thrie pennies money foirsaid for the half of the yeir Jaj vic and nyntie six efter the forme and tenor of ane pretended decreit of Localitie obtained at the instance of Mr John Ross minister at Foverane against the heretors of that parochin befor the Lords Commissioners for plantatione of kirks and valwatione of teinds upon the Sixtein day of Febrwarie Jaj vic and Seventie Seven yeirs And also efter the forme and tenor of ane act of The Lords of our privie Counsell in favours of the charger Dated the Seventyne day of May Jaj vic nyntie six yeirs wherby they did allocat to the said charger the foirsaid stipend for the yeirs abovespecified And ordained him to be readiely ansuered and payed therof who for allreadged2 disobedience hes denunced or intends to denunce the said Complainer rebell And putt him to the horne most wrongouslie and wnjustly Considering It is of veritie That Robert Martine of Bruntbrae as collector appointed by the presebtrie for uplifting the twentie merks give to ministers preaching at the said kirk of Foverane dureing the vaccancie therof Conforme to the act of parliament in anno Jaj vic and nyntie five And which twentie merks upon ilk preaching does now extend to a verie considerable soume payable owt of the vaccand Stipends The said Robert Martine as collector foirsaid hath the only right to uplift the Same And accordinglie he hath layed on arreastments in the Complainers hands for soumes of money and qwantities of victwall farr exceeding the charge As the coppies of arreastment Showen to our saids Lords of privie Counsell hes testified so that the said Complainer being doubly distressed cannot make payment to aither pairtie untill the competitione betuixt them be determined befoir the saids Lords Secundo the said Complainer hes alreadie payed a considerable pairt of the Stipends charged for the Brwntbrae as collector foirsaid upon the faith the act of parliament And Brwntbrae hes made dwe applicatione therof in the termes of the said act Tertio by the foirsaid act of Counsell in favours of the said Mr James Gordon charger and which is the ground of his present charge The charger is expresslie burdened with ane certaine soume of money to be payed to the presbetrie owt of the vaccand stipends charged for to3 which the said Complainer hes now right by assignatione from them As the samen assignatione prodwced to our saids Lords his testified And therfore the said Complainer owght to have allowance therof in the first place Qwarto the said Complainer cannot be lyable in payment to the said charger of the Stipend charged for cropt Jaj vic nyntie six Because Mr James Gordon the charger was not only wnder process befor the presbetrie But alsoe suspended be them Long befoir that tyme Qwinto the said Complainer offered to make payment to the said charger in soe far as he should be found ot have right Conforme to the fears upon his allowing the foirsaid Soume of expensses And protested for coast Skaith and damnadge in caise of his refwiseall and putting the said Complainer to furder charges As ane instrument of protestatione taken therupon Also Showen to the Saids Lords of our privie Counsell hes testified And so the saids Lords may evidently perceave how wnjustly the said Complainer is charged for the reasones foirsaids Nevertheles for obedience the said Complainer is instantly content to find Sufficient Cautione acted in the books of our privie Counsell to ansuer to the foirsaid charge at any tyme our saids Lords Shall appoint And also for payment of twentie merks for his escheat goods to The Lords of our Thesaurie in caise it shall be fownd by our saids Lords that he owght Soe to doe efter discussing heirof And Therfore the Saids Letters and charges owght to be Suspended And Anent the charge given to the saids defender to have compeared personallie befor the saids Lords of our privie Cownsell at ane certaine day now bygone to have ansuered to the grownds of the above Suspensione And to have heard and sein Swch order and course taken theranent As the Saids Lords Should think fitt wnder the paine of rebellione etc As the said Suspensione at more lenth bears Which Suspensione being this day called in presence of the saids Lords of privie Counsell Alexander Wdney sone to the Laird of Wdney Suspender Compeareing personallie for the Suspender and Mr David Forbes Compeareing As Advocat for him who for the suspender prodwced in presence of the saids Lords ane assignatione be Mr James Oseburne moderator of the presbetrie of Aberdeen and Mr Arthur Shipherd clerk therto in favours of Alexander Wdney of that ilk Suspender Suspender4 in and to the Soume of two hundereth and threttie one pund Six Shilling eight pennies Scotts which the Counsell by ther act charged on ordained to be retained owt of the first end of the Stipends of Foveraigne given be ther Lordships to the charger dated the twentie nynth of October Jaj vic nyntie six yeirs Item ane instrwment wnder the Subscriptione of James Irvine notar beareing that upon the said twentie nynth of October Jaj vic nyntie Six the said Suspender offered to pay the Stipend charged for provideing the charger would allow him retentione of the Said Soume of two hundereth threttie one pund Six Shilling eight pennies And also provideing he would take payment conforme to the Candlemise fiars And the said Mr James Gordon charger compearing also personallie with Mr Francis Grant his advocat who for instrwcting the grownd of the said charge prodwced in presence of the saids Lords ane act granted by ther Lordships in favoures of the charger allowing to him the Stipend of the kirk of Foverane from Mertimes Jaj vic nyntie two to Whitsonday Jaj vic nyntie six dated the Seventh of May Jaj vic nyntie Six Item the decreit of Localitie of the the said kirk of Foverane at the instance of Mr John Ross minister at Foverane for the tyme dated the dourtein of Febrwary Jaj vic seventie seven yeirs with the Letters of horning raised on the Said decreit of Localitie and act of privie Counsell aboveuritten And Robert Martine of Burntbrae collector of the twentie merks allowed to ministers preaching at vaccand churches Compeareing alsoe personallie with the Said Mr David Forbes his Advocat who craved that he might be preferred for the Soume of Eight Hundered and twentie Merks Scotts and for eightie two merks being the tenth pairt of the Same dwe to him as collector disbursed be him or to be disbursed be him to ministers preaching at vaccant churches and for instructing his interest prodwced severall precepts granted by the ministers for severall of the saids twentie merks and Drawen upon him by the presbetrie of Aberdeen for payment of twentie merks to severall ministers preaching at the said vaccant church with the recepts granted by the ministers for severall of the saids twentie merks Item a testificat under the Subscriptione of the moderator and clerk of the presbetrie testifieing that the paroch of Foverane hath bein Supplyed with preaching by order of the presbetrie by ministers and probationers for the number of Fourtie one Saboths from fifth of Jullie Jaj vic nyntie five to the date of the testificat which is the twentie of november Jaj vic nyntie Six and testifieing that the Said Robert Martine of Burntbrae hath made payment to the ministers of the saids twentie merks The saids Lords of his majesties privie Counsell haveing considered the reasones of Suspensione with the ground of the charge produced for the said charger with the haill wrytes prodwced for all or any of the pairties foirsaids And the Counsell haveing heard the Lawwers for the haill foirsaids pairties at lenth in presence The Lords of his majesties privie Counsell Finds that the said Alexander Wdney of that ilk Suspender hes right by assignatione from the presbetrie of Aberdeen to the soume of Two Hundereth and threttie one punds Seven Shilling Scotts money which by the decreit and act of privie Counsell in the chargers favours charged upon is ordained to be payed to the ministers and elders of the said presbetrie out of the first and readiest of the Stipend in the said decreit and act for defraying of the expensses of a process before the privie Counsell at the instance of the said presbetrie against the said charger And Therfore have Suspended and heirby Suspends the Letters Simplicitir upon the said Suspender for the Said Soume And allowes the Suspender to retaine soe much of the Stipends charged for in his own hands And finds that ther is dwe to the said Robert Martine as haveing right to collect the twentie merks dwe to the ministers preaching by order of the presbetrie of Aberdeen at the said kirk the soume of Eight Hundereth and twentie merks Scotts for Fourtie one Saboths that ministers preached at the said kirk by order foirsaid frae the fifth day of Jullie Jaj vic and nyntie five to the twentie day of november Jaj vic nyntie Six to be payed owt by the said Robert Martine to the ministers and probationers sent by the presbetrie to preach at the said kirk of Foverane Conforme to a testificat wnder the hands of the moderator and clerk to the said presbetrie And Therfore have preferred and heirby preferrs the said Robert Martine to the said Mr James Gordone charger in soe far as concernes the said soume of Eight hundereth and twentie merks And have Suspended and heirby Suspends the Letters Simpliciter at the chargers instance against the said Alexander Wdney of that ilk Suspender for the said eight hundereth and twentie merks And for Eightie two merks being a tenth pairt of the foirsaid Soume dwe to him by act of parliament And decernes and ordaines the said Suspender to make payment to the said Robert Martine of the said Eight Hundereth and twentie merks And tenth pairt foirsaid And finds the Letters and charges at the instance of the said chargers against the Suspender orderlie proceeded as to the rest of the victwall and Soumes of money charged for not exhausted by the saids expensses and twentie merks as above dedwced And ordaines the Samen to take effect And to be putt to furder executione at the chargers instance against the said suspender therfore Efter the forme and tenor of the said decreit and act of privie Counsell charged on in all points And declairs that the victwall charged for Shall be payed at the rate of the Candlemise fiars for the yeirs charged for And ordaines Letters of horneing no fiftein dayes and other executorialls neidfull to be direct heiron wnder the Signet of privie Counsell in forme as effeirs And recomends to The Lords Commissioners of his majesties thesaurie to provide the charger to one of the best vaccand Stipends of his majesties patronadges which is at ther Lordships disposeall in Leiw and satisfactione to him of the saids soumes dedwcted from the saids stipends granted to him by the foirsaid act of privie Counsell

Att Edinburgh the twentie Seventh of Jully Jaj vic nyntie seven yeirs

D1697/7/221

Decreet

Decreit Gordoune Against Uddney of that ilk

Anent our Soveraigne Lords Letters of Suspensione raised and persewed befor The Lords of his majesties privie Cownsell at the instance of Alexander Uddney of that ilk Makeing mentione that wher the Complainer is charged be vertue of Letters of horning raised at the instance of Mr James Gordon minister of the gospell to make payment to him of the severall qwantities of victwall and money efterspecified Viz The number and qwantitie of Threttie bolls one firlot one peck and ane haddish meall Threttie bolls two firlots bear and Fourscore nyn punds two Shilling Six pence Scotts money being the said Complainers proportione of the chargers Stipend at the kirk of Foverane yeirly and ilk yeir for the cropts and yeirs of God Jaj vic nyntie thrie Jaj vic nyntie four and Jaj vic and nyntie five yeirs And the number and qwantitie of Fifftein bolls two pecks half a peck and half a haddish of meall six bolls and their firlots beare and Fourtie Four punds Eleven Shilling thrie pennies money foirsaid for the half of the yeir Jaj vic and nyntie six efter the forme and tenor of ane pretended decreit of Localitie obtained at the instance of Mr John Ross minister at Foverane against the heretors of that parochin befor the Lords Commissioners for plantatione of kirks and valwatione of teinds upon the Sixtein day of Febrwarie Jaj vic and Seventie Seven yeirs And also efter the forme and tenor of ane act of The Lords of our privie Counsell in favours of the charger Dated the Seventyne day of May Jaj vic nyntie six yeirs wherby they did allocat to the said charger the foirsaid stipend for the yeirs abovespecified And ordained him to be readiely ansuered and payed therof who for allreadged2 disobedience hes denunced or intends to denunce the said Complainer rebell And putt him to the horne most wrongouslie and wnjustly Considering It is of veritie That Robert Martine of Bruntbrae as collector appointed by the presebtrie for uplifting the twentie merks give to ministers preaching at the said kirk of Foverane dureing the vaccancie therof Conforme to the act of parliament in anno Jaj vic and nyntie five And which twentie merks upon ilk preaching does now extend to a verie considerable soume payable owt of the vaccand Stipends The said Robert Martine as collector foirsaid hath the only right to uplift the Same And accordinglie he hath layed on arreastments in the Complainers hands for soumes of money and qwantities of victwall farr exceeding the charge As the coppies of arreastment Showen to our saids Lords of privie Counsell hes testified so that the said Complainer being doubly distressed cannot make payment to aither pairtie untill the competitione betuixt them be determined befoir the saids Lords Secundo the said Complainer hes alreadie payed a considerable pairt of the Stipends charged for the Brwntbrae as collector foirsaid upon the faith the act of parliament And Brwntbrae hes made dwe applicatione therof in the termes of the said act Tertio by the foirsaid act of Counsell in favours of the said Mr James Gordon charger and which is the ground of his present charge The charger is expresslie burdened with ane certaine soume of money to be payed to the presbetrie owt of the vaccand stipends charged for to3 which the said Complainer hes now right by assignatione from them As the samen assignatione prodwced to our saids Lords his testified And therfore the said Complainer owght to have allowance therof in the first place Qwarto the said Complainer cannot be lyable in payment to the said charger of the Stipend charged for cropt Jaj vic nyntie six Because Mr James Gordon the charger was not only wnder process befor the presbetrie But alsoe suspended be them Long befoir that tyme Qwinto the said Complainer offered to make payment to the said charger in soe far as he should be found ot have right Conforme to the fears upon his allowing the foirsaid Soume of expensses And protested for coast Skaith and damnadge in caise of his refwiseall and putting the said Complainer to furder charges As ane instrument of protestatione taken therupon Also Showen to the Saids Lords of our privie Counsell hes testified And so the saids Lords may evidently perceave how wnjustly the said Complainer is charged for the reasones foirsaids Nevertheles for obedience the said Complainer is instantly content to find Sufficient Cautione acted in the books of our privie Counsell to ansuer to the foirsaid charge at any tyme our saids Lords Shall appoint And also for payment of twentie merks for his escheat goods to The Lords of our Thesaurie in caise it shall be fownd by our saids Lords that he owght Soe to doe efter discussing heirof And Therfore the Saids Letters and charges owght to be Suspended And Anent the charge given to the saids defender to have compeared personallie befor the saids Lords of our privie Cownsell at ane certaine day now bygone to have ansuered to the grownds of the above Suspensione And to have heard and sein Swch order and course taken theranent As the Saids Lords Should think fitt wnder the paine of rebellione etc As the said Suspensione at more lenth bears Which Suspensione being this day called in presence of the saids Lords of privie Counsell Alexander Wdney sone to the Laird of Wdney Suspender Compeareing personallie for the Suspender and Mr David Forbes Compeareing As Advocat for him who for the suspender prodwced in presence of the saids Lords ane assignatione be Mr James Oseburne moderator of the presbetrie of Aberdeen and Mr Arthur Shipherd clerk therto in favours of Alexander Wdney of that ilk Suspender Suspender4 in and to the Soume of two hundereth and threttie one pund Six Shilling eight pennies Scotts which the Counsell by ther act charged on ordained to be retained owt of the first end of the Stipends of Foveraigne given be ther Lordships to the charger dated the twentie nynth of October Jaj vic nyntie six yeirs Item ane instrwment wnder the Subscriptione of James Irvine notar beareing that upon the said twentie nynth of October Jaj vic nyntie Six the said Suspender offered to pay the Stipend charged for provideing the charger would allow him retentione of the Said Soume of two hundereth threttie one pund Six Shilling eight pennies And also provideing he would take payment conforme to the Candlemise fiars And the said Mr James Gordon charger compearing also personallie with Mr Francis Grant his advocat who for instrwcting the grownd of the said charge prodwced in presence of the saids Lords ane act granted by ther Lordships in favoures of the charger allowing to him the Stipend of the kirk of Foverane from Mertimes Jaj vic nyntie two to Whitsonday Jaj vic nyntie six dated the Seventh of May Jaj vic nyntie Six Item the decreit of Localitie of the the said kirk of Foverane at the instance of Mr John Ross minister at Foverane for the tyme dated the dourtein of Febrwary Jaj vic seventie seven yeirs with the Letters of horning raised on the Said decreit of Localitie and act of privie Counsell aboveuritten And Robert Martine of Burntbrae collector of the twentie merks allowed to ministers preaching at vaccand churches Compeareing alsoe personallie with the Said Mr David Forbes his Advocat who craved that he might be preferred for the Soume of Eight Hundered and twentie Merks Scotts and for eightie two merks being the tenth pairt of the Same dwe to him as collector disbursed be him or to be disbursed be him to ministers preaching at vaccant churches and for instructing his interest prodwced severall precepts granted by the ministers for severall of the saids twentie merks and Drawen upon him by the presbetrie of Aberdeen for payment of twentie merks to severall ministers preaching at the said vaccant church with the recepts granted by the ministers for severall of the saids twentie merks Item a testificat under the Subscriptione of the moderator and clerk of the presbetrie testifieing that the paroch of Foverane hath bein Supplyed with preaching by order of the presbetrie by ministers and probationers for the number of Fourtie one Saboths from fifth of Jullie Jaj vic nyntie five to the date of the testificat which is the twentie of november Jaj vic nyntie Six and testifieing that the Said Robert Martine of Burntbrae hath made payment to the ministers of the saids twentie merks The saids Lords of his majesties privie Counsell haveing considered the reasones of Suspensione with the ground of the charge produced for the said charger with the haill wrytes prodwced for all or any of the pairties foirsaids And the Counsell haveing heard the Lawwers for the haill foirsaids pairties at lenth in presence The Lords of his majesties privie Counsell Finds that the said Alexander Wdney of that ilk Suspender hes right by assignatione from the presbetrie of Aberdeen to the soume of Two Hundereth and threttie one punds Seven Shilling Scotts money which by the decreit and act of privie Counsell in the chargers favours charged upon is ordained to be payed to the ministers and elders of the said presbetrie out of the first and readiest of the Stipend in the said decreit and act for defraying of the expensses of a process before the privie Counsell at the instance of the said presbetrie against the said charger And Therfore have Suspended and heirby Suspends the Letters Simplicitir upon the said Suspender for the Said Soume And allowes the Suspender to retaine soe much of the Stipends charged for in his own hands And finds that ther is dwe to the said Robert Martine as haveing right to collect the twentie merks dwe to the ministers preaching by order of the presbetrie of Aberdeen at the said kirk the soume of Eight Hundereth and twentie merks Scotts for Fourtie one Saboths that ministers preached at the said kirk by order foirsaid frae the fifth day of Jullie Jaj vic and nyntie five to the twentie day of november Jaj vic nyntie Six to be payed owt by the said Robert Martine to the ministers and probationers sent by the presbetrie to preach at the said kirk of Foverane Conforme to a testificat wnder the hands of the moderator and clerk to the said presbetrie And Therfore have preferred and heirby preferrs the said Robert Martine to the said Mr James Gordone charger in soe far as concernes the said soume of Eight hundereth and twentie merks And have Suspended and heirby Suspends the Letters Simpliciter at the chargers instance against the said Alexander Wdney of that ilk Suspender for the said eight hundereth and twentie merks And for Eightie two merks being a tenth pairt of the foirsaid Soume dwe to him by act of parliament And decernes and ordaines the said Suspender to make payment to the said Robert Martine of the said Eight Hundereth and twentie merks And tenth pairt foirsaid And finds the Letters and charges at the instance of the said chargers against the Suspender orderlie proceeded as to the rest of the victwall and Soumes of money charged for not exhausted by the saids expensses and twentie merks as above dedwced And ordaines the Samen to take effect And to be putt to furder executione at the chargers instance against the said suspender therfore Efter the forme and tenor of the said decreit and act of privie Counsell charged on in all points And declairs that the victwall charged for Shall be payed at the rate of the Candlemise fiars for the yeirs charged for And ordaines Letters of horneing no fiftein dayes and other executorialls neidfull to be direct heiron wnder the Signet of privie Counsell in forme as effeirs And recomends to The Lords Commissioners of his majesties thesaurie to provide the charger to one of the best vaccand Stipends of his majesties patronadges which is at ther Lordships disposeall in Leiw and satisfactione to him of the saids soumes dedwcted from the saids stipends granted to him by the foirsaid act of privie Counsell

1. NRS, PC2/27, 15v-19r.

2. Sic.

3. An illegible word scored out here.

4. Sic.

1. NRS, PC2/27, 15v-19r.

2. Sic.

3. An illegible word scored out here.

4. Sic.

Procedure: judicial proceedings, 27 July 1697, Edinburgh

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Att Edinburgh the twentie Seventh of Jully Jaj vic nyntie seven yeirs

D1697/7/211

Procedure: judicial proceedings

Remit Lesslie of Iden

Anent the lybell or Letters of complaint raised and persewed befor the Lords of his majesties privie Cownsell at the instance of George Lesslie of Iden for himself and in name and behalf of the other heretors of the upper water of Diviron with concurse of Sir James Stewart his majesties Advocat for his highnes interest in the mater wnderwritten Makeing mentione That albeit by the Lawes of all well governed nationes and Commowne wealths And by the particular Lawes and acts of parliament of this kingdome and daylie practiq of the same All deads of violence and oppressione Are expressly prohibited and forbidden Especiallie among Salmond fishers and fishers at Croves And the beatting Strykeing and abwseing of Swch fishers or ther Servants Are likewayes prohibite and discharged wnder severall penalties And the Stopping of fish from haveing of frie passage in the waters wherin they are be crymes of Ane high nature And Severely pwnishable Nevertheless It is of veritie that the said Complainer being infeft and seased in the Salmond fishing of the water of Diveron conforme to his rights evidents and securities of the Samen And bownding therin mentioned Lying above the croves therof Notwithstanding wherof Alexander Lessly of Kinmwtrie Proveist of Banff Patrick Dwff of Castletowne Peter Rwssell of Muncoffer tacksemen of the Croves of Diveron and Salmong fishings on the said water Alexander Dwff of Braco heretor of the saids fishings and croves for his interest James Mansell William Sutherland James Smith Adam Dwff Kenners and Salmond Fishers on the said water and croves William Crwkshanks John Gordon Walter Smith George Innes James Watt Peter Dowgall William Walker George Ogilvie and James Alexander All works men and Salmond fishers on the said water and Crwives and bwilders of the wnwarrantable Crove dam John Lwmbsdens elder and yownger in Inerichnie and James Caddell Salmond fisher ther heretors tacksemen and others by themselvs and the accompices have most wnwarrantablie contraire to the express Lawes and acts of parliament of this kingdome made anent croves and salmond fishings and contraire to the decreits and Sentances of the Lords of our Counsell and Sessione founded upon the Saids acts of parliament obtained against the heretors of the croves on the said water of Don and others in Februarie Jaj vic and sixtie six And Since syne wherby The Lords of Session have regulated several abuses formerlie Committed by the saids heretors and fishers And Likewayes fortified by severall decreits of The Lords of our privie Counsell obtained at the instance of the wpper heretors of the said water By which the Saids Lords of our privie Counsell fyned the saids heretors of the saids croves in the sowme of Ten Thowsand merks for the contraveening the Lawes and acts of parliament made anent Croves fishing for ther not keepings the haicks at the distance of thrie inches betuixt each severall rwng and not observeing the Saturndayes Stopp in keeping ane ell of ilk crove open and the muscalls Layed asyde from Saturnday at Six of the cloak at night till Munday at Swnriseing and by fishing with Coble and nett and plench netts and other engynes dureing the tyme of the said Saturndayes Stopp And by ther wnlaufull Stenting of netts from one syde of the water to the other syde And by ther keeping and bigging the dyke of the saids croves ane extraordinarie height above the Superfice of the water to the height of four foot and ane half above the water and eight foot broad and in some places Sharpe Keap Stones layed over the head of the said Crove Dyke And for laying great Stones at the back of the Inskailes and above them and keeping the weather bands of the saids croves Dry above the water All which acts and Deeds of ryot violence and oppressione was likewayes Done and Committed by the foirnamed persones Defenders and ther accomplices contrairie to the express acts of parliament made anent the regwlar keeping of the Salmond croves and fishing And Likewise contrairie to the decreits and Sentances of The Lords of our privie Counsell And of the Lords of Sessione and others in the lyke caices For which deeds and acts of oppressione the saids heretors of Don were fyned in the Soume of Ten Thousand merks of expensses and ane thousand punds Scotts of faillzea for ilk terme then efter ther contraventione is and are a Leadening caise and practicq against all others to Count the lyke in tyme comeing Notwithstanding wherof the saids Alexander Lesslie Patrick Dwff and Peter Rwssell or ane or other of the abovenamed defenders and ther accomplices caused or did bwild ane extraordinarie high dam about the begining of the yeir Jaj vic and nyntie Six which dam they caused keep closs till the […] day of Janwarie the said yeir And did nether putt in crove or Stopp till about the […] day of March the said yeir By reasone of which deeds of violence and oppressione breaches of the saids acts of parliament and Lawes of this kingdome the Complainer could gett noe Salmong fishing in his said water for upwards of the Space of nyn or ten weeks And when the saids defenders were pleased to pwtt in the saids croves they putt them in ane illegall and unwarrantable maner as is above lybelled As instruments taken therupon by the said Complainer against the foirnamed persones ther deeds of violence and oppressione therwith prodwced testified And Likewayes the saids defenders did not take owt the Saturndayes Stopp nor caused take owt the Samen often till Swndayes Stopp by twelve or two or thrie of the cloak in the efternoon upon Swnday notwithstanding they are bownd and obleidged by the Lawes and acts of parliament and constant custome of this and all other Crove fishings within this kingdome to take owt the said Saturdayes Stopp at six of the cloak at night and keep it open till Mundayes morning at Swnriseing which is the only tyme the Salmond does or can come up to the upper water And in the moneth of Jwllie Last and severall tymes Since the saids defenders by themselvs or ther accomplices did cause block and bwild up with Stones the milnerind of Bamff which Letts up the Salmond to the Crovestop and keeped the Same soe closs that no Salmond fish could come up to the said Saturdayes Stop dureing the tyme the said Crove Slop was or Should have bein open the said milnerind being the only passage did or could come up to the Said Saturdayes Slop And Likewayes the saids defenders ther servants accomplices and wthers have putt in upon each end of the said crove dam Long hauks withowt Insbels or Leids with Long Iron Stobs upon the uppersyde of the same that a Small trowt cannot goe through them And which illegall procedoure and oppressione Are done of purpose to hinder the Comapliners Servants and fishes from goeing and comeing that way by reasone of the saids Iron Stobbs As alsoe the said Patrick Rwssell one of the defenders upon the […] day of […] Jaj vic nyntie six yeirs Came accompanied with eight or ten men to ane Stone hewgh or Craige that lyes within the Complainers fishing Spott of Innerchie in the said water of Diveron comonly called the Cirnpott with Gaverlocks and Iron matlocks to break downe the Craig under the pretence of takeing stones for his own milne Dam without the Complainers licence Therby to hinder and impede his fishing in the said pott owt of which pott in one night he would have gotten Ane Thousand and Five Hundereth Salmond and Feilses And now Since the said Craig was broken downe he can hardly gett any It being the reall designe of the saids defenders to rwine the said fishing pott which was of soe great value to the said Complainer as above said Lykeas upon the Eightein or nyntine dayes of Aprile Last bypast or ane or other of the dayes of the said moneth the saids John Lwmbsden elder and younger two of the defenders came in a rwide maner in ther boat when the Complainers Servant William Alexander was rowing off the Complainers own nett when fishing in his own water did throw the nett and grownd Sinkers over the flott and would not Suffer the Complainers own servants fish in his own water peaceably by threatening and minaceing the Complainers servants and fishers to his great Loss and prejudice As Also the saids two fornamed persones John Lwmbsden elder and yownger doe keep a ferrie boatt upon the Complainers water called sand Ley these two yeirs by past without any Shaddow or title for keeping of a ferrie boat or being infeft in any ferrie boat by themselvs or ther awthors Therby hindering and impeding the Complainers Shooting of the Salmond netts in that place of his own water And in lyke maner the saids heretors and tacksemen of the said Crove fishing did cause one or two of the defenders Viz James Caddell and Alexander Brodie most barbarouselie wnchristeanly and inhumainly beatt and stryke severall of the Complainers servants And particularly Alexander Walley often and diverse tymes And threw him Downe in a deep pitt of the said water And did ther beatt and Stryke him to the great hazard of his life of which he never recovered till his death As alsoe The said Alexander Lesslie of Kininvie hes oft and diverse tymes told the complainer himself and severall others and so threatned and minaced his servants by these following and the lyke threatning expressiones Viz that if any of the Complainers Servants were fownd on the crove dam that he Should cause them goe home with the Leggs on ther Shoulders which extraordinarie threats and minaces keeps back and hinders the Complainers servants and fishers from non knowing and observing the knowen and constant contravention of the Lawes and acts of parliament concerning Croves and Salmond fishing By all which acts and deeds of violence and oppression Committed by the foirnamed persones ane or aither of them as is above exprest through ther breach of the foirsaids Lawes and acts of parliament and daylie practicq of this kingdome anent Salmond crove fishing and throw ther most malitiows and oppressing maner of beatting Strykeing abuseing and oppressing the Complainer and his servants breakeing downe the foirsaid Craig in the foirsaid fishing pott and impedeing the Complainer in his fishing of the foirsaid Salmond Shott by bringing ane Comonne ferrie boatt to his water with out any Licence or right therfore wherby the Complainer is wronged and injured yeirlie in upwards of Four Thowsand dollars which formerly was the yeirly product of the Salmond fishing besydes the expensses of keepening and mentaining of boatts netts and servants etc And therfore ilk ane of the saids defenders for ther own pairts owght and should be decerned and condemned in the Soume of […] for contraveining the foirsaids Lawes and acts of parliament contrair to the decreits of the Lords of our Counsell and Sessione of our privie Counsell and other decreits and Sentances of the Lords of Counsell and Sessione in preceeding caises of the lyke nature And they ought and Should be pwnished furder in ther persones and goods for Committing the ryots and acts of violence and oppressione abovewritten to the terror of others to comit the lyke in tyme comeing And Anent the charge given to the saids defenders to have Compeared personallie befor The saids Lords of privie Counsell at ane certaine day now bypast to have ansuered to the grownds of the above Complaint and to have therin as the saids Lords should think fitt wnder the paine of rebellione etc As in the principall Letters or lybell or Complaint and executiones therof at more Lenth is contained Which lybell or Letters of Complaint being this day called in presence of the saids Lords of privie Counsell And the persewer Compeareing personallie with Sir Patrick Home […] and Mr William Black his Advocats And the said Alexander Lesslie of Kininvie and Patrick Rwssell of Muntroffer two of the defenders Compeareing personallie with Sir David Thores Sir Alexander Cwming and Mr Farncis Grant ther Advocats And the haill remanent defenders being Laufullie cited oft tymes called and not Compeareing and the said Sir David Thores Sir Alexander Cwming and Mr Francis Grant Compeareing for the haill defenders The Lybell and ansuers therto being read The saids Lords doe heirby Remit to the Shireff principall of the Shyre of Bamff or his deputs to Judge decyde and determine in the mater lybelled according to Law and to the acts of parleament of this Kingdome made anent fishing

Att Edinburgh the twentie Seventh of Jully Jaj vic nyntie seven yeirs

D1697/7/211

Procedure: judicial proceedings

Remit Lesslie of Iden

Anent the lybell or Letters of complaint raised and persewed befor the Lords of his majesties privie Cownsell at the instance of George Lesslie of Iden for himself and in name and behalf of the other heretors of the upper water of Diviron with concurse of Sir James Stewart his majesties Advocat for his highnes interest in the mater wnderwritten Makeing mentione That albeit by the Lawes of all well governed nationes and Commowne wealths And by the particular Lawes and acts of parliament of this kingdome and daylie practiq of the same All deads of violence and oppressione Are expressly prohibited and forbidden Especiallie among Salmond fishers and fishers at Croves And the beatting Strykeing and abwseing of Swch fishers or ther Servants Are likewayes prohibite and discharged wnder severall penalties And the Stopping of fish from haveing of frie passage in the waters wherin they are be crymes of Ane high nature And Severely pwnishable Nevertheless It is of veritie that the said Complainer being infeft and seased in the Salmond fishing of the water of Diveron conforme to his rights evidents and securities of the Samen And bownding therin mentioned Lying above the croves therof Notwithstanding wherof Alexander Lessly of Kinmwtrie Proveist of Banff Patrick Dwff of Castletowne Peter Rwssell of Muncoffer tacksemen of the Croves of Diveron and Salmong fishings on the said water Alexander Dwff of Braco heretor of the saids fishings and croves for his interest James Mansell William Sutherland James Smith Adam Dwff Kenners and Salmond Fishers on the said water and croves William Crwkshanks John Gordon Walter Smith George Innes James Watt Peter Dowgall William Walker George Ogilvie and James Alexander All works men and Salmond fishers on the said water and Crwives and bwilders of the wnwarrantable Crove dam John Lwmbsdens elder and yownger in Inerichnie and James Caddell Salmond fisher ther heretors tacksemen and others by themselvs and the accompices have most wnwarrantablie contraire to the express Lawes and acts of parliament of this kingdome made anent croves and salmond fishings and contraire to the decreits and Sentances of the Lords of our Counsell and Sessione founded upon the Saids acts of parliament obtained against the heretors of the croves on the said water of Don and others in Februarie Jaj vic and sixtie six And Since syne wherby The Lords of Session have regulated several abuses formerlie Committed by the saids heretors and fishers And Likewayes fortified by severall decreits of The Lords of our privie Counsell obtained at the instance of the wpper heretors of the said water By which the Saids Lords of our privie Counsell fyned the saids heretors of the saids croves in the sowme of Ten Thowsand merks for the contraveening the Lawes and acts of parliament made anent Croves fishing for ther not keepings the haicks at the distance of thrie inches betuixt each severall rwng and not observeing the Saturndayes Stopp in keeping ane ell of ilk crove open and the muscalls Layed asyde from Saturnday at Six of the cloak at night till Munday at Swnriseing and by fishing with Coble and nett and plench netts and other engynes dureing the tyme of the said Saturndayes Stopp And by ther wnlaufull Stenting of netts from one syde of the water to the other syde And by ther keeping and bigging the dyke of the saids croves ane extraordinarie height above the Superfice of the water to the height of four foot and ane half above the water and eight foot broad and in some places Sharpe Keap Stones layed over the head of the said Crove Dyke And for laying great Stones at the back of the Inskailes and above them and keeping the weather bands of the saids croves Dry above the water All which acts and Deeds of ryot violence and oppressione was likewayes Done and Committed by the foirnamed persones Defenders and ther accomplices contrairie to the express acts of parliament made anent the regwlar keeping of the Salmond croves and fishing And Likewise contrairie to the decreits and Sentances of The Lords of our privie Counsell And of the Lords of Sessione and others in the lyke caices For which deeds and acts of oppressione the saids heretors of Don were fyned in the Soume of Ten Thousand merks of expensses and ane thousand punds Scotts of faillzea for ilk terme then efter ther contraventione is and are a Leadening caise and practicq against all others to Count the lyke in tyme comeing Notwithstanding wherof the saids Alexander Lesslie Patrick Dwff and Peter Rwssell or ane or other of the abovenamed defenders and ther accomplices caused or did bwild ane extraordinarie high dam about the begining of the yeir Jaj vic and nyntie Six which dam they caused keep closs till the […] day of Janwarie the said yeir And did nether putt in crove or Stopp till about the […] day of March the said yeir By reasone of which deeds of violence and oppressione breaches of the saids acts of parliament and Lawes of this kingdome the Complainer could gett noe Salmong fishing in his said water for upwards of the Space of nyn or ten weeks And when the saids defenders were pleased to pwtt in the saids croves they putt them in ane illegall and unwarrantable maner as is above lybelled As instruments taken therupon by the said Complainer against the foirnamed persones ther deeds of violence and oppressione therwith prodwced testified And Likewayes the saids defenders did not take owt the Saturndayes Stopp nor caused take owt the Samen often till Swndayes Stopp by twelve or two or thrie of the cloak in the efternoon upon Swnday notwithstanding they are bownd and obleidged by the Lawes and acts of parliament and constant custome of this and all other Crove fishings within this kingdome to take owt the said Saturdayes Stopp at six of the cloak at night and keep it open till Mundayes morning at Swnriseing which is the only tyme the Salmond does or can come up to the upper water And in the moneth of Jwllie Last and severall tymes Since the saids defenders by themselvs or ther accomplices did cause block and bwild up with Stones the milnerind of Bamff which Letts up the Salmond to the Crovestop and keeped the Same soe closs that no Salmond fish could come up to the said Saturdayes Stop dureing the tyme the said Crove Slop was or Should have bein open the said milnerind being the only passage did or could come up to the Said Saturdayes Slop And Likewayes the saids defenders ther servants accomplices and wthers have putt in upon each end of the said crove dam Long hauks withowt Insbels or Leids with Long Iron Stobs upon the uppersyde of the same that a Small trowt cannot goe through them And which illegall procedoure and oppressione Are done of purpose to hinder the Comapliners Servants and fishes from goeing and comeing that way by reasone of the saids Iron Stobbs As alsoe the said Patrick Rwssell one of the defenders upon the […] day of […] Jaj vic nyntie six yeirs Came accompanied with eight or ten men to ane Stone hewgh or Craige that lyes within the Complainers fishing Spott of Innerchie in the said water of Diveron comonly called the Cirnpott with Gaverlocks and Iron matlocks to break downe the Craig under the pretence of takeing stones for his own milne Dam without the Complainers licence Therby to hinder and impede his fishing in the said pott owt of which pott in one night he would have gotten Ane Thousand and Five Hundereth Salmond and Feilses And now Since the said Craig was broken downe he can hardly gett any It being the reall designe of the saids defenders to rwine the said fishing pott which was of soe great value to the said Complainer as above said Lykeas upon the Eightein or nyntine dayes of Aprile Last bypast or ane or other of the dayes of the said moneth the saids John Lwmbsden elder and younger two of the defenders came in a rwide maner in ther boat when the Complainers Servant William Alexander was rowing off the Complainers own nett when fishing in his own water did throw the nett and grownd Sinkers over the flott and would not Suffer the Complainers own servants fish in his own water peaceably by threatening and minaceing the Complainers servants and fishers to his great Loss and prejudice As Also the saids two fornamed persones John Lwmbsden elder and yownger doe keep a ferrie boatt upon the Complainers water called sand Ley these two yeirs by past without any Shaddow or title for keeping of a ferrie boat or being infeft in any ferrie boat by themselvs or ther awthors Therby hindering and impeding the Complainers Shooting of the Salmond netts in that place of his own water And in lyke maner the saids heretors and tacksemen of the said Crove fishing did cause one or two of the defenders Viz James Caddell and Alexander Brodie most barbarouselie wnchristeanly and inhumainly beatt and stryke severall of the Complainers servants And particularly Alexander Walley often and diverse tymes And threw him Downe in a deep pitt of the said water And did ther beatt and Stryke him to the great hazard of his life of which he never recovered till his death As alsoe The said Alexander Lesslie of Kininvie hes oft and diverse tymes told the complainer himself and severall others and so threatned and minaced his servants by these following and the lyke threatning expressiones Viz that if any of the Complainers Servants were fownd on the crove dam that he Should cause them goe home with the Leggs on ther Shoulders which extraordinarie threats and minaces keeps back and hinders the Complainers servants and fishers from non knowing and observing the knowen and constant contravention of the Lawes and acts of parliament concerning Croves and Salmond fishing By all which acts and deeds of violence and oppression Committed by the foirnamed persones ane or aither of them as is above exprest through ther breach of the foirsaids Lawes and acts of parliament and daylie practicq of this kingdome anent Salmond crove fishing and throw ther most malitiows and oppressing maner of beatting Strykeing abuseing and oppressing the Complainer and his servants breakeing downe the foirsaid Craig in the foirsaid fishing pott and impedeing the Complainer in his fishing of the foirsaid Salmond Shott by bringing ane Comonne ferrie boatt to his water with out any Licence or right therfore wherby the Complainer is wronged and injured yeirlie in upwards of Four Thowsand dollars which formerly was the yeirly product of the Salmond fishing besydes the expensses of keepening and mentaining of boatts netts and servants etc And therfore ilk ane of the saids defenders for ther own pairts owght and should be decerned and condemned in the Soume of […] for contraveining the foirsaids Lawes and acts of parliament contrair to the decreits of the Lords of our Counsell and Sessione of our privie Counsell and other decreits and Sentances of the Lords of Counsell and Sessione in preceeding caises of the lyke nature And they ought and Should be pwnished furder in ther persones and goods for Committing the ryots and acts of violence and oppressione abovewritten to the terror of others to comit the lyke in tyme comeing And Anent the charge given to the saids defenders to have Compeared personallie befor The saids Lords of privie Counsell at ane certaine day now bypast to have ansuered to the grownds of the above Complaint and to have therin as the saids Lords should think fitt wnder the paine of rebellione etc As in the principall Letters or lybell or Complaint and executiones therof at more Lenth is contained Which lybell or Letters of Complaint being this day called in presence of the saids Lords of privie Counsell And the persewer Compeareing personallie with Sir Patrick Home […] and Mr William Black his Advocats And the said Alexander Lesslie of Kininvie and Patrick Rwssell of Muntroffer two of the defenders Compeareing personallie with Sir David Thores Sir Alexander Cwming and Mr Farncis Grant ther Advocats And the haill remanent defenders being Laufullie cited oft tymes called and not Compeareing and the said Sir David Thores Sir Alexander Cwming and Mr Francis Grant Compeareing for the haill defenders The Lybell and ansuers therto being read The saids Lords doe heirby Remit to the Shireff principall of the Shyre of Bamff or his deputs to Judge decyde and determine in the mater lybelled according to Law and to the acts of parleament of this Kingdome made anent fishing

1. NRS, PC2/27, 12r-15v.

1. NRS, PC2/27, 12r-15v.

Procedure: judicial proceedings, 27 July 1697, Edinburgh

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Att Edinburgh the twentie Seventh of Jully Jaj vic nyntie seven yeirs

D1697/7/201

Procedure: judicial proceedings

Remit Glansallock Against Campbell to the Commissioner of the Highlands

Anent the bill of Suspensione presented to The Lords of his majesties privie Counsell be Robert Campbell of Glensalloch Shewing That where he is Latelie charged be vertue of ane decreit of the Commissioners of Jwsticiarie of the South and west district appointed for Secureing the peace of the Highlands alleadged given and pronunced by them in and Court holdin at Stirleing the twentie fifth day of October Jaj vic nyntie five yeirs Att the instance of Dwncan Campbell in Earne and Jennet Blaire relict of wmquhill John Cannonoch ther tenents to the Laird of Lanerk Against John McIllichoan in Inverayan and the petitioner as his pretended Landlord and maister To make payment to the saids chargers of the Sowme of Four Hundereth and eightein pund threttein shilling four pennies Scotts money As the lybelled Valwe and piece of certain goods and household plainshing alleadged maisterfullie robbed and away taken from the Saids chargers in ane hostile maner with armes by the said John McIllichoan and his accomplices in the moneths of Augwst or September Jaj vic nyntie yeirs Likewise of the Soume of Thrie Hundereth punds of Tascall money coast damnadge and expensses alleadged Sustained by the chargers for want of ther saids goods Extending in haill to the Sowme of Seven Hundered and Eightein pund threttein Shilling four pennies money above written And for alleadged disobedience the saids chargers have caused pound Some of the petitioners goods alreadie towards the payment of a pairt of the saids Soumes And intends furder to proceed against the petitioner most wrongouselie and wnjustly Considering it is of veritie that the decreit is pronunced against the petitioner as Landlord to the said John Mcillhoan without any defence proponed for the petitioner And consequently in absence as to the petitioner haveing bein wnwell and accordinglie excwsed from the court which satt at Pearth the threttie day of November Jaj vic and nyntie five Long efter the date of the said decreit charged upon as appears by the extract of the proces and decreit at the Letter it therwith prodwced wheras if the petitioner had bein present and heard upon his Jwst and relevant defensses noe such decreit could ever have gone owt against him who is only called conveined and condemned in absence qwa pretended Landlord to the said John Mcillchoan for the haill goods lybelled upon the pretended confessione of the said Mcillchoan that he being goeing in September Jaj vic and nyntie yeirs to earne for meall a company of broken men ther in armes (being the hole of the Heighland insurrectione) mett with him on the road and caried him back prisoner Sixtein Mylls as a gwide to them and in recompense of his Loss and travell would needs Leave with him one of the meers taken away by the said company of robbers from the charger And which mear the said Mcillchoan did within a weeke or two therefter delyver back to the charger as is evident frae the decreit itself at the Letter B And for the reasones and causes following Viz primo allwayes denying the petitioner was Land Lord the tyme lybelled As to which however ther be a pretended acknowledgement of the petitioners foisted into the decreit by the chargers procurators Moyan being Fiscall yet the petitioner refwises any Swch confessione of his nor can the clerk prodwce any warrand therfore And Secundo Esto he were Landlord (as he was not) yet qwa swch he cowld never bein condemned nor are Landlords lyable for ther tennents in broken tymes of rebellione or warr as the tyme lybelled was nor is it to be Supposed that when a Cowntrie or people revolts from or rebells against ther dread Soveraigne The Kings majestie That privat Gentlemen can make ther men Subject to ther Comands And which was accordingly the opinion of The Counsell In the process of depredatione persewed by Killmaronock againsts the Land Lords of the depredators Lykeas his Majesties Advocat in answer to a qwerie proposed by Some of the Commissioners of Justiciarie of the said district Concludes that the acts of parliament against Landlords and Chifteans binds now only in tyme of peace And which is Soe far Confirmed by ther Lordships that upon a representatione made by his majesties Advocat and Sollicitor in the lyke caise Ther Lordships by ther act dated the tenth of Febrwary Jaj vic nyntie five Sisted all proces and executione against all within The Earle of Argylls Jwrisdictione in generall and severall others in particular for whom the representatione was made as ane expedient for the peace of which Solwtione given by the Advocat and act of Cownsell coppies are therwith prodwced And that this robberie was Committed by men in armes in ane hostile maner appears by the lybell prodwced Tertio Albeit the foirsaid act had being done in tyme of peace And the petitioner The Land Lord (as is not) yet the Law and acts of parliament against Land Lords being nyntie thrie act parliament third James the Sixth bears only that Land Lords Shall be debt bownd for ther men tennents and servants in caise they doe not present them to Jwstice And ita est that in this caise John Mcillchoan the pretended depredator was actually presented to Jwstice and hanged by Sentance of the Court held at Stireling the very date of this decreit charged upon Qwarto Ther Lordships by ther opinione in Carnall as to the extent of restitutione Fand that even the depredators owght only to restore if aither the goods robbed and Stollen were extant in ther possessione or they ther by locupletores facti as is evident frae the beginning of The Lord Advocats Solwtione But soe it is that in this caise it would appeare that Mcillchoane himself would be frie from restitutione except only of ane meer which was all he gott and which as appears by his confessione at Letter B (the probatione soe farr as he gott and qwoad wltra the decreit even against him might be qwarrelled et multo magis qwo ad the petitioner The Landlord the same is totally nwll And ought therfore not only to be Simplicitor Suspended withowt cawtione or consignatione But even the said John Campbell charger owght and should be decerned in repetitione of the number of […] Rowes pounded by him from the petitioner upon the pretence therof or payment of the sowme of […] as the price of each of them which bill of Suspensione being upon the Eightein of March Last bypast read in presence of the saids Lords They ordained the chargers to sie and answer the Same And in the mean tyme Sisted executione And the Saids chargers haveing sein the said bill Gave in particular answers therto And the saids Lords of his majesties privie Cownsell haveing this day considered the said bill of Suspensione and answers foirsaid made to the Same They heirby Recommend To The Lords Commissioners of his majesties Justiciary of the Sowth and west districts for the Highlands to reconsider the decreit charged on at the first meeting in respect it is pronunced in absence And in the meane tyme Sists all executione at the chargers instance against the Suspenders untill the decreit charged on be revised by the Commissioners foirsaids and determined by them

Att Edinburgh the twentie Seventh of Jully Jaj vic nyntie seven yeirs

D1697/7/201

Procedure: judicial proceedings

Remit Glansallock Against Campbell to the Commissioner of the Highlands

Anent the bill of Suspensione presented to The Lords of his majesties privie Counsell be Robert Campbell of Glensalloch Shewing That where he is Latelie charged be vertue of ane decreit of the Commissioners of Jwsticiarie of the South and west district appointed for Secureing the peace of the Highlands alleadged given and pronunced by them in and Court holdin at Stirleing the twentie fifth day of October Jaj vic nyntie five yeirs Att the instance of Dwncan Campbell in Earne and Jennet Blaire relict of wmquhill John Cannonoch ther tenents to the Laird of Lanerk Against John McIllichoan in Inverayan and the petitioner as his pretended Landlord and maister To make payment to the saids chargers of the Sowme of Four Hundereth and eightein pund threttein shilling four pennies Scotts money As the lybelled Valwe and piece of certain goods and household plainshing alleadged maisterfullie robbed and away taken from the Saids chargers in ane hostile maner with armes by the said John McIllichoan and his accomplices in the moneths of Augwst or September Jaj vic nyntie yeirs Likewise of the Soume of Thrie Hundereth punds of Tascall money coast damnadge and expensses alleadged Sustained by the chargers for want of ther saids goods Extending in haill to the Sowme of Seven Hundered and Eightein pund threttein Shilling four pennies money above written And for alleadged disobedience the saids chargers have caused pound Some of the petitioners goods alreadie towards the payment of a pairt of the saids Soumes And intends furder to proceed against the petitioner most wrongouselie and wnjustly Considering it is of veritie that the decreit is pronunced against the petitioner as Landlord to the said John Mcillhoan without any defence proponed for the petitioner And consequently in absence as to the petitioner haveing bein wnwell and accordinglie excwsed from the court which satt at Pearth the threttie day of November Jaj vic and nyntie five Long efter the date of the said decreit charged upon as appears by the extract of the proces and decreit at the Letter it therwith prodwced wheras if the petitioner had bein present and heard upon his Jwst and relevant defensses noe such decreit could ever have gone owt against him who is only called conveined and condemned in absence qwa pretended Landlord to the said John Mcillchoan for the haill goods lybelled upon the pretended confessione of the said Mcillchoan that he being goeing in September Jaj vic and nyntie yeirs to earne for meall a company of broken men ther in armes (being the hole of the Heighland insurrectione) mett with him on the road and caried him back prisoner Sixtein Mylls as a gwide to them and in recompense of his Loss and travell would needs Leave with him one of the meers taken away by the said company of robbers from the charger And which mear the said Mcillchoan did within a weeke or two therefter delyver back to the charger as is evident frae the decreit itself at the Letter B And for the reasones and causes following Viz primo allwayes denying the petitioner was Land Lord the tyme lybelled As to which however ther be a pretended acknowledgement of the petitioners foisted into the decreit by the chargers procurators Moyan being Fiscall yet the petitioner refwises any Swch confessione of his nor can the clerk prodwce any warrand therfore And Secundo Esto he were Landlord (as he was not) yet qwa swch he cowld never bein condemned nor are Landlords lyable for ther tennents in broken tymes of rebellione or warr as the tyme lybelled was nor is it to be Supposed that when a Cowntrie or people revolts from or rebells against ther dread Soveraigne The Kings majestie That privat Gentlemen can make ther men Subject to ther Comands And which was accordingly the opinion of The Counsell In the process of depredatione persewed by Killmaronock againsts the Land Lords of the depredators Lykeas his Majesties Advocat in answer to a qwerie proposed by Some of the Commissioners of Justiciarie of the said district Concludes that the acts of parliament against Landlords and Chifteans binds now only in tyme of peace And which is Soe far Confirmed by ther Lordships that upon a representatione made by his majesties Advocat and Sollicitor in the lyke caise Ther Lordships by ther act dated the tenth of Febrwary Jaj vic nyntie five Sisted all proces and executione against all within The Earle of Argylls Jwrisdictione in generall and severall others in particular for whom the representatione was made as ane expedient for the peace of which Solwtione given by the Advocat and act of Cownsell coppies are therwith prodwced And that this robberie was Committed by men in armes in ane hostile maner appears by the lybell prodwced Tertio Albeit the foirsaid act had being done in tyme of peace And the petitioner The Land Lord (as is not) yet the Law and acts of parliament against Land Lords being nyntie thrie act parliament third James the Sixth bears only that Land Lords Shall be debt bownd for ther men tennents and servants in caise they doe not present them to Jwstice And ita est that in this caise John Mcillchoan the pretended depredator was actually presented to Jwstice and hanged by Sentance of the Court held at Stireling the very date of this decreit charged upon Qwarto Ther Lordships by ther opinione in Carnall as to the extent of restitutione Fand that even the depredators owght only to restore if aither the goods robbed and Stollen were extant in ther possessione or they ther by locupletores facti as is evident frae the beginning of The Lord Advocats Solwtione But soe it is that in this caise it would appeare that Mcillchoane himself would be frie from restitutione except only of ane meer which was all he gott and which as appears by his confessione at Letter B (the probatione soe farr as he gott and qwoad wltra the decreit even against him might be qwarrelled et multo magis qwo ad the petitioner The Landlord the same is totally nwll And ought therfore not only to be Simplicitor Suspended withowt cawtione or consignatione But even the said John Campbell charger owght and should be decerned in repetitione of the number of […] Rowes pounded by him from the petitioner upon the pretence therof or payment of the sowme of […] as the price of each of them which bill of Suspensione being upon the Eightein of March Last bypast read in presence of the saids Lords They ordained the chargers to sie and answer the Same And in the mean tyme Sisted executione And the Saids chargers haveing sein the said bill Gave in particular answers therto And the saids Lords of his majesties privie Cownsell haveing this day considered the said bill of Suspensione and answers foirsaid made to the Same They heirby Recommend To The Lords Commissioners of his majesties Justiciary of the Sowth and west districts for the Highlands to reconsider the decreit charged on at the first meeting in respect it is pronunced in absence And in the meane tyme Sists all executione at the chargers instance against the Suspenders untill the decreit charged on be revised by the Commissioners foirsaids and determined by them

1. NRS, PC2/27, 10r-12r.

1. NRS, PC2/27, 10r-12r.

Warrant, 27 July 1697, Edinburgh

Posted on by

Att Edinburgh the twentie Seventh of Jully Jaj vic nyntie seven yeirs

D1697/7/191

Warrant

Warrand to receave Cromartie as Cautioner for Moydart

The Lords of his majesties privie Cownsell Doe heirby awthorize the clerks of privie Counsell to accept and receave Kennenth Mckeinzie of Cromartie as Cautioner for Allaine Mcdonald of Moydart his peaceable behaveowr and appeirance when called for which The Cownsell hes ordained him to find Cawtione for in obedience to his majesties Letter

Att Edinburgh the twentie Seventh of Jully Jaj vic nyntie seven yeirs

D1697/7/191

Warrant

Warrand to receave Cromartie as Cautioner for Moydart

The Lords of his majesties privie Cownsell Doe heirby awthorize the clerks of privie Counsell to accept and receave Kennenth Mckeinzie of Cromartie as Cautioner for Allaine Mcdonald of Moydart his peaceable behaveowr and appeirance when called for which The Cownsell hes ordained him to find Cawtione for in obedience to his majesties Letter

1. NRS, PC2/27, 10r.

1. NRS, PC2/27, 10r.

Sederunt, 27 July 1697, Edinburgh

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Att Edinburgh the twentie Seventh of Jully Jaj vic nyntie seven yeirs1

D1697/7/182

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Tulliebardine; Earl of Argyle; Earl of Southerland; Earl of Marr; Earl of Morton; Earl of Bwchan; Earl of Strathmore; Earl of Lauderdale; Earl of Lowdowne; Earl of Leven; Earl of Annandale; Earl of Forffar; Earl of Rwglen; Viscount Tarbat; Lord Forbes; Lord Ruthven; Lord Secretarie Ogilvie; Lord Advocat; Lord Hallcraig; Lord Fountainhall; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomerie; Laird of Pollock; Laird of Blackbarrony; Laird of Leyes; Proveist of Edinburgh; Laird of Kellburne; Sir Patrick Murray

Att Edinburgh the twentie Seventh of Jully Jaj vic nyntie seven yeirs1

D1697/7/182

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Tulliebardine; Earl of Argyle; Earl of Southerland; Earl of Marr; Earl of Morton; Earl of Bwchan; Earl of Strathmore; Earl of Lauderdale; Earl of Lowdowne; Earl of Leven; Earl of Annandale; Earl of Forffar; Earl of Rwglen; Viscount Tarbat; Lord Forbes; Lord Ruthven; Lord Secretarie Ogilvie; Lord Advocat; Lord Hallcraig; Lord Fountainhall; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomerie; Laird of Pollock; Laird of Blackbarrony; Laird of Leyes; Proveist of Edinburgh; Laird of Kellburne; Sir Patrick Murray

1. NRS, PC2/27, 9v.

2. NRS, PC2/27, 9v.

1. NRS, PC2/27, 9v.

2. NRS, PC2/27, 9v.

Order, 27 July 1697, Edinburgh

Posted on by

Att Edinburgh the Tuenty seven day of Jully Jaj vic nyntie seven years

A1697/7/321

Order

Recommendation to The Lord Advocat to draw a proclamation against 5 highland fugitives

The Lords of his Majesties privie Councill Having Considered a Letter direct to the Lord High Chancelor from the Commissioners of Justiciary for the midle district to be Communicat to their Lordships They heirby Recommend to Sir James Steuart his Majesties advocat to prepare a proclamation promising ten pounds sterline to any persone who shall seize upon take and apprehend any of the five persons afternamed so that they may be brought to Justice viz Duncan Steuart alias Shankie Patrick McKleglash-Ferguson John Mcgrigor in Ranoch Duncan Roy McIlphatrick Late Mcgrigor in Polokro John Mcclaran buy in Torrie And promising Indemnity to any of the saids five persons themselves who shall apprehend or bring in any of the five persons forsaids to Justice besyds the said reuard of ten pounds sterline which five persons afternamed are Given in in List to the Councill as denunced fugitives by the south and uest district of the Commission for setling the peace of the highlands as guiltie of Capitall Crymes.

Att Edinburgh the Tuenty seven day of Jully Jaj vic nyntie seven years

A1697/7/321

Order

Recommendation to The Lord Advocat to draw a proclamation against 5 highland fugitives

The Lords of his Majesties privie Councill Having Considered a Letter direct to the Lord High Chancelor from the Commissioners of Justiciary for the midle district to be Communicat to their Lordships They heirby Recommend to Sir James Steuart his Majesties advocat to prepare a proclamation promising ten pounds sterline to any persone who shall seize upon take and apprehend any of the five persons afternamed so that they may be brought to Justice viz Duncan Steuart alias Shankie Patrick McKleglash-Ferguson John Mcgrigor in Ranoch Duncan Roy McIlphatrick Late Mcgrigor in Polokro John Mcclaran buy in Torrie And promising Indemnity to any of the saids five persons themselves who shall apprehend or bring in any of the five persons forsaids to Justice besyds the said reuard of ten pounds sterline which five persons afternamed are Given in in List to the Councill as denunced fugitives by the south and uest district of the Commission for setling the peace of the highlands as guiltie of Capitall Crymes.

1. NRS, PC1/51, 234.

1. NRS, PC1/51, 234.

Act, 27 July 1697, Edinburgh

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Att Edinburgh the Tuenty seven day of Jully Jaj vic nyntie seven years

A1697/7/311

Act

Act Mr Alexander Burnet

Anent the petitione given in to the Lords of his Majesties privie Councill By Mr Alexander Burnet Late minister in Gallouay Sheuing That wheras the petitioner hes been a prisoner in the tolbooth of Edinburgh about fifteen dayes by ane order from the Baillies for some Irregular marriages Contrar to Law For which It is Humbly represented to the saids Lords to Consider that having been Laid asyde from his Church these Eight or nyne years past It uas meer necessity and uant of all means of subsistance that forced him to use these Illegall methods Lykewise It is humbly offered to their Lordships Consideration that if he be Continued in prison any Longer he uill Starve having nothing of his oun nor Credit from others by reason of his Indigency Is nottourly knouen and his Inability to pay these who would Give him trust And therfore Humblie Craving their Lordships to take the premisses to their Serious Consideration and appoint him to be sett at Libertie speciallie seing he is most willing to Submitt unto the penaltie of the Law or to find bale that he shall not so transgress for the future as the said petition bears The saids Lords of his Majesties privie Councill Having Considered this petitione given in to them by the said Mr Alexander Burnet Imprisoned for Clandestine or Irregular marriages They heirby Give order and uarrand to the magistrats of Edinburgh and Keeper of their tolbooth to sett the petitioner at Libertie furth therof he first Inacting himself in the books of privy Councill that he shall not Committ or be Guiltie of the Crym of Clandestine or Irregular marriages in tyme Coming under the paine of banishment out of this Kingdome And Giving bond and finding Cautione acted in the saids books that if he shall be found guilty of the forsaids Cryme in tyme coming he shall be lyable in the somme of five hundreth merks by and attour the forsaids punishment of banishment.

Att Edinburgh the Tuenty seven day of Jully Jaj vic nyntie seven years

A1697/7/311

Act

Act Mr Alexander Burnet

Anent the petitione given in to the Lords of his Majesties privie Councill By Mr Alexander Burnet Late minister in Gallouay Sheuing That wheras the petitioner hes been a prisoner in the tolbooth of Edinburgh about fifteen dayes by ane order from the Baillies for some Irregular marriages Contrar to Law For which It is Humbly represented to the saids Lords to Consider that having been Laid asyde from his Church these Eight or nyne years past It uas meer necessity and uant of all means of subsistance that forced him to use these Illegall methods Lykewise It is humbly offered to their Lordships Consideration that if he be Continued in prison any Longer he uill Starve having nothing of his oun nor Credit from others by reason of his Indigency Is nottourly knouen and his Inability to pay these who would Give him trust And therfore Humblie Craving their Lordships to take the premisses to their Serious Consideration and appoint him to be sett at Libertie speciallie seing he is most willing to Submitt unto the penaltie of the Law or to find bale that he shall not so transgress for the future as the said petition bears The saids Lords of his Majesties privie Councill Having Considered this petitione given in to them by the said Mr Alexander Burnet Imprisoned for Clandestine or Irregular marriages They heirby Give order and uarrand to the magistrats of Edinburgh and Keeper of their tolbooth to sett the petitioner at Libertie furth therof he first Inacting himself in the books of privy Councill that he shall not Committ or be Guiltie of the Crym of Clandestine or Irregular marriages in tyme Coming under the paine of banishment out of this Kingdome And Giving bond and finding Cautione acted in the saids books that if he shall be found guilty of the forsaids Cryme in tyme coming he shall be lyable in the somme of five hundreth merks by and attour the forsaids punishment of banishment.

1. NRS, PC1/51, 233-4.

1. NRS, PC1/51, 233-4.