D1693/6/31
D1693/6/311
Decreet
Bill of Suspension The Viscount of Kenmuir against Margrat Rasper read and refused.
1. NRS, PC2/24, 235v.
1. NRS, PC2/24, 235v.
D1693/6/30
D1693/6/301
Act
Anent a Petition given in to the Lords of their majesties privy Councill be Mr Androw Hamiltone minister at Midlbie Sheweth That quher the petitioner being minister of the said parish for severall years preceiding the happie revolutione And albeit most of the ministers of that and all the westerne shyres were Imediatly therupon thrust from their Churches, yet the petitioner continued to peace in the said parish till about Candlmiss Jaj vjc nyntie one and prayed for their majesties King William and Queen Mary Untill ane number of armed men came from severall other parishes and dispossest the petitioners of his house and took the keyes of the kirk door And discharged him to preach any more in the said parish Under paine of death, Wherupon the heritors and elders of the said parish did give the petitioner and unanimous call to continue to be their minister which they presented to the presbytrie and upon groundless informatione and alledgances against the petitioner The presbytrie waved that call and suspended him from preaching untill they took tryall of the information given against the petitioner And the petitioner haveing attended the presbytries and synods for two years or therby at Last the synod took off the suspensione and declared that he might preach in that or in any other Church He should happen to be called to wherupon the heritors and most of the parishioners of the said parish gave him ane new unanimouse Call intreating the petitioner to continue to be their2 minister which they likewayes presented to the presbytrie And which the presbytrie upon Certain grounds Only knowen to themselves have Nabed hitherto So that the poor parish has not hade preaching these severall years bygone And the petitioner being resolved to have the said parochin (and the petitioner wishes may doe more for their edification then he hade don) And albeit by his presentation Collation and instruction haveing continued to preach and pray for their majesties as said is, He hade good and undoubted right to the modified stipend of the said parish and much more the samen being fortified ay the said Calls as also albeit it could be pretended that the said kirk3 was4 vaccant as it wes not, yet the Duke of Queensburry patron therof, to prevent all pretence of debate that may aryss theranent Has given his Consent that the Stipend of the said pairs for this present Cropt and year Jaj vjc nyntie thrie In caice ther be no minister institute betwixt and Michellmiss nixt and all bygone years resting unpayed be payed to the petitioner And that the saids Lords would interpone their authority therto for that effect Lykeas the petitioner has still continued within the parish And has upon his oun proper charges caused repair the church of the said parish which cost him the greatest part of ane years stipend And Therfore Humbly Craveing the saids Lords to Consider the premisses and interpose their authoritie in ordaineing the stipend of the said parish for this present cropt and year Jaj vjc nyntie thrie in caice ther be no minister institute betwixt and Micheallmiss nixt and all bygone years resting unpayed to be payed into the petitioner Conforme to the Decreet of Localitie of the Samen parish, And as they have been in use to pay him since his entrie to the ministrie at the said kirk as the petition bears The Lords of their Majesties privy Councill Haveing Considered this petition given in to them be the above Mr Androw Hamilton with the consent of his Grace the Duke of Queensburry mentioned therin And produced therwith, They heirby allow to the petitioner the stipend of the kirk of Midlbie for the haill Cropt and year of god Jaj vjc nyntie thrie in caice ther shall be no minister institute at the said kirk betwixt and Michellmiss nixt to come, And for all bygones resting since the petitioners entrie to the said kirk, And ordaines him to be readiely answered obeyed and payed therof be the present heritors wodsetters Lyferenters and others Lyable in payment of the Same, And Ordaines letters of horning under the Signet of Councill to be direct at his instance against them for that effect upon productione of a decreet of Locallity, And in caice ther be non ordaines these Lyable to make payment of their respective proportiones of the said years stipend and bygones as a forsaid, as they shall be decerned be the Judge ordinary; The petitioner haveing befor extracting heirof sworn and signed the oath of alledgance and signed the assurance to their Majesties King William and Queen Marry And that in presence of the one of the Lords of privy Councill.
1. NRS, PC2/24, 234r-235r.
2. Insertion.
3. One illegible word scored out here.
4. Insertion.
1. NRS, PC2/24, 234r-235r.
2. Insertion.
3. One illegible word scored out here.
4. Insertion.
D1693/6/29
D1693/6/291
Decreet
Bill of Suspensione the toune of Elgine Earle of Murray Laird of Grant and others Against Mr Bernard Mckenzie Read and past
Therafter Stoped upon the nynth of February 1694.
1. NRS, PC2/24, 234r.
1. NRS, PC2/24, 234r.
D1693/6/28
D1693/6/281
Act
Anent a Petition given in to the Lords of ther Majesties privy Councill be the Commissioners of the Supply of the Shyre of Aberdein and Especially Mr James Gray of Ballgowney Shewing That quher the petitioners lands of Balgony and Cairnfeild in the parish of old Machar doe Lye within the Shyre of Aberdein and are but two myles distant from the toune of Aberdein the head burgh of the Shyre, yet nevertheless the saids lands are quartured upon by order of the Collector of the Shyre of Banff as if the lands of Balgony ware apart of the Shyre of Banff and deficient in payment of their proportione of the supply wheras the forsaids Lands Doe Lye within the Shyre of Aberdeen and have been in use to pay cess and publict dues as a part of that Shyre in all time bygone, which they did instruct by the evidences following viz Primo by a Chartor of the saids Lands to the deceast Mr Thomas, and Thomas Meinzieses elder and younger of Balgony date 1613 wherin the saids Lands are Designed to Lye within the parichen of Machar and Shireffdome of Aberdein, And the wholl progress of writtes since that time, Doe Designe the lands in the same maner Secundo The petitione Doeth produce ane extract of ane act of the Comittie of the estates in anno 1648 mentioneing a difference betwixt the shyres of Aberdeen and Banff anent the lands Lyeing in the pariochens of St Fergus, New and Old Machar, whither these Lands should contribute in the Levies with the Shyr of Banff or that of Aberdein, And the Committie of Estates haveing Considered that act of Parliament Ordaineing the same to pay mantinance as they Lye Locally within the Shyres And that these lands did pay former levies with the shyre of Aberdein Therfore Ordained that in time comeing they should be Lyable in payment of all publict burdeins with the shyre of Aberdein, and the shyre of Bamff Discharged to midle therwith, This being allwayes without Diminition of the publict burdeins of the said shyre, As it is Imposed by act of Parliament, And accordingly the Lands in these paroches have been in the constant use of paying of their cesses with the said shyre, Tertio the The petitioner produces a Declaration of the Collector of Aberdeen Shyre that the Lands of Balgony are valued to seven hundred and twentie pund by the Commissioners of the shyre of Aberdein and have been in use to pay ther cess according to that valuatione and the ceses of the particular termes for quhich quartering is used is payed to the Collector of the shire of Aberdeen as his acknowledgment under his hand therwith produced would testifie Quarto This is a matter in which the wholl heritors and Commissioners of the shyre are concerned for by the same rule that the lands of Balgony could be made a part of the shyre of Bamff, The wholl Lands in the said thrie paroches of St Fergus old and New Machar would be pairts of the Shyre of Bamff, which would exceidingly burdein the rest of the shyre and case that of Bamff For their being a totall valuation of the shire contained in the severall acts of Parliament anent the cess quhich is proportioned by the Commissioners of Supply, The wholl valuation of the saids thrie parishes which have been in use to pay with Aberdein would fall to be cast upon the other pairt of the shyre which would not only introduce a new and extraordinary burdein Bot likewayes ane extraordinary Disorder in proportioneing the said burdein which ought not to be done at all much less in such a sumar method And Therfore Humbly Craveing the said Lords would grant warrand for removeing any part of Souldiers quartered upon the Lands of Balgony and Cairnfeild for deficiency in payment of ceses or other publict dues as a part of the shyre of Bamff without payment of any quartering money, And to prohibit and Discharge any such sumar quartering upon the saids Lands, or any others within the Shyre of Aberdein otherwayes then in the methods prescryved by Law. In caise these Lands or the heritors therof be deficient in payment of their proportiones as parts of the said shyre of Aberdein, as also to Decerne James Cock the Collector of the shyre of Banff to repay the petitioner expences according to the saids Lords modificatione In Respect of his unwarantable order for the said quartering quhich was produced to the petitioners procurator when he took instruments against the said Illegall quartering as appeared by instruments therwith produced. The Lords of their Majesties Privy Councill haveing Considered the petition given in to them be the Commissioners of Supply of the Shyre of Aberdeen and specially be Mr James Gray of Balgony with the answers made therto for the Commissioners of Supply of the Shyre of Bamff They heirby Give Full power and Commissione to the Earle of Erroll Shirreff principall of the shire of Aberdein and Sir James Ogilvie shireff principall of the shyre of Bamff to consider the said petition and adjust the said matter amongst the parties therin concerned, And for that effect to meet at Turreff the first day of August nixt and therafter at such other dayes or dyets as they shall of consent appoint, And to hear all parties concerned and consider their writtes and rights and take full tryall in the said matter Aither by oath of parties or witnesses, And for that effect to Issue furth precepts For citeing of witnesses or havers of writtes, And to doe all other things necessary and lawfull for clearing of this matter and bringing the same to a Speedy setlement And in caice of deficulty and not setling the said matter to report the same to the Councill with their first conveniencie.
1. NRS, PC2/24, 233r-234r.
1. NRS, PC2/24, 233r-234r.
D1693/6/27
D1693/6/271
Decreet
The Process James Dewar against Provest Hay and Charles Dobie advysed The Depositione and executiones of poynding and informatione for provest Hay read, The Councill Finds that the goods poynded at provest Hay and Charles Dobies instance are not lawfullie poynded And appoints the defenders to restor the same to the pursuar or the pryces of value therof as the samen shall be Liquidat be the pursuars oath, And appoints him to give his oath theron, And Recomends to the Lords Hatton and Enstruther to take the pursuars oath upon the quantitie and value of the saids goods poynded at aither of the said defenders instance.
1. NRS, PC2/24, 232v.
1. NRS, PC2/24, 232v.
D1693/6/26
D1693/6/262
Sederunt
Lord Chancelor; Duke of Hamilton; Earl of Melvill P S:; Earl of Drumlanrig; Earl of Erroll; Earl of Southerland; Earl of Linlithgow; Earl of Strathmore; Earl of Leven; Earl of Anandall; Earl of Forfar; Earl of Kintoir; Earl of Brodalbine; Viscount Tarbat; Lord Strathnaver; Lord Polwarth; Lord Secretary; Lord Advocat; Lord Hatton; Lord Enstruther; Laird of Grant; Laird of Stivenson; Laird of Pollock; Sir Thomas Livingston
1. NRS, PC2/24, 232v.
2. NRS, PC2/24, 232v.
1. NRS, PC2/24, 232v.
2. NRS, PC2/24, 232v.
A1693/6/82
A1693/6/821
Procedure: committee formed
The Lords of their Majesties privie Councell Doe Heirby nominat and appoynte The Earls of Southerland Linlithgow Leven and Forfarr The Viscount of Tarbat The Lord Advocat the Lord Justice Clark The Lords Hattoune Funtainhall and Anstruther Sir Archibald Murray of Blackbarrony Sir Archibald Sinclar of Stevensone and Sir Thomas Livingstoune Commander in cheiff of their Majesties forces uithin this kingdome or any other of their Lordships number who shall be upon the place for the tyme to be a Committie to meet from tyme to tyme in vaccancy for securing the peace of the Country And for that effect to receave in all Complaints that shall be made to them anent the disturbance or breach of the same or anent souldiers with power to them to doe and determine therin as they shall think fitt or in case of difficultie to report to the Councell And to Issue furth necessary ordors In the mean tyme for executione of the Laues acts and proclamationes made for securing the publict peace And Acquant the Lord High Chancellor to Call a meeting of Councell if they find needfull And Recommends to the said Committie to Call for the Magistrats of Edinburgh and take account of them How the proclamations of Counsell anent beggars is observed and receavs obedience in their toune And to take care that the said proclamatione be punctually obeyed through the kingdome And to putt the Magistrats of Edinburgh to their deuty in Causing cleanse and keep clean the streets of Edinburgh and vennells or closses uith pouer to the said Committie or any tuo of them to administrat the oath of alleadgance and assurance one of the Clarks of Councell being uith them to such persones as they shall think fitt In the termes of the Act of parliament and declares any fyve of the persones whose names are particularly above Insert aither by themselves alone or togither uith such other Councellors as shall meet uith them to be ane sufficient and only Quorum of the said Committie And appoyntes the Clarks of Councell to Give out extracts of the acts ordors and Interloquitors of the said Committie to such as shall requyre the same And declares them to have the force of Acts of privie Councell And ordaines the Committy or Commission to Continow till the third day of Agust nixt
1. NRS, PC1/49, 105-6.
1. NRS, PC1/49, 105-6.
A1693/6/81
A1693/6/811
Act
The Lords of their Majesties privie Councell Being Informed by their Majesties Advocat That Leivt William Bruce of Neutoune Is cited as a uitness in the Criminall Indictment at the instance of their Majesties said Advocat And that he is in hazard to appear by reasone of Captiones and other personall Dilligence Against him Doe Heirby Grant personall protectione to the said Leivt William Bruce And discharges all macers messengers at armes officers uithin burgh or Landuard to putt any Captione Acts of warding or other personall dilligence to executione Against the said Leivtennant untill the tuenty fourth day of Jully nixt Inclusive Excepting alwayes their Majesties rents and publict dues sic subscribitur Tueeddale Cancel: Hamilton Southerland Annandale Forfar Polluarth J Johnstoune James Steuart T: Livingstoune
1. NRS, PC1/49, 104-5.
1. NRS, PC1/49, 104-5.
A1693/6/80
A1693/6/801
Act
The Lords of their Majesties privie Councell Doe Heirby discharge any suspensione of the fynes one or more Imposed or which shall be Imposed upon be their Lordships upon any persone or persones for refuising to suear and signe the oath of alleadgance to their Majesties appoynted by Act of parliament to be past or expede Except upon consignatione In the hands of the Clarks of privie Councell of the particular fynes wherof suspensione shall be Craved and noe otherwayes
1. NRS, PC1/49, 104.
1. NRS, PC1/49, 104.
A1693/6/79
A1693/6/791
Act
The Lords of their Majesties privie Councell Doe Heirby Give ordor and warrand to the Magistrats of Edinburgh and Keeper of their tolbooth To sett at Liberty furth therof […] Lady Largo presently prisoner therin In respect she hath procured persones to Grant bond to the Councell That she shall Live peacably under and uith all submissione to the present government of their Majesties King William and Queen Mary And that she shall not Act consult nor contryve any thing in prejudice therof nor shall not Converss or Correspond uith rebells And that she shall appear when called for under the penaltie of ane Hundred pounds sterlin
1. NRS, PC1/49, 104.
1. NRS, PC1/49, 104.