Tag Archives: 28 November 1693 (pm)

Judicial Proceeding, 28 November 1693 (pm), Edinburgh

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Edinburgh the Twentie Eight day of November Jaj vjc nyntie thrie years. Post meridiem

D1693/11/321

Judicial Proceeding

Remitt Balgregie Against Kinglassie

Anent our Soveraigne Lord and Ladies letters raised and pursued before the Lords of their Majesties privy Councill at the instance of Mr John Sinclar of Balgregie and Sir James Stewarts their majesties advocat for their highnes intrest in the matter underwritten Mentioning That wher by the Lawes of his and all other weell governed realmes all unlawfull violence is discharged And the interupting of persones in their peaceable possessiones by way of force by ane unlawfull Convocatione and the minaceing and beatting of the possessors and ther men and Servants are Crymes of a high nature and ought to be severly punished nevertheless it is of verity that upon the sixteinth or one of other of the dayes of the moneth of october last […] Douglas of Kinglassie […] Hollyday of Tillibboill younger Androw Wilsone maltman Mr William Abernethie schooll master David Birk younger Thomas Wishart John and George Babaradges Alexander Black James Haigie George Gibb younger John Bredd all tennants of the said2 […] Douglas of Kinglassie and indwallers ther pretending to extrude the pursuer from his right and possession in the great Comon Contiguous to the pursuers lands of Ballgregie not content to have caried away about Eight dayes before wrongeously by way of Spulzie the divots that he hade caused Cast in the said Comunitie came with the persones abovenamed and others ther Complices of the number of about ane dizon of men all of them with staves and battones and some of them with swords and pistolls And finding the pursuers men casting divots and himself overseeing them, The said […] Douglas of Kinglass roadd up furiously to have beatten the men if not stopt by the pursuer Who took him Civilly by the bridle and desyred him to forbear violence, and tilling him that the question of their right and possession was not in that maner to be determined Bot aither by a fair communeing Which the pursuer offered or by the sentance of Judge Ordinary, But the said Kinglassie was so farr transported with possion that he not only pushed on his horss, bot drew his sword with many minaceing word, And stricking the pursuer on the head therwith untill his cap fell on the ground and therafter the said Mr William Abernethie and two more came and laid violent hands on the pursuer , And threw the stick out of his hand, And whill he was takeing up his stick and cap the said Kinglassie rod forward among his men chaseing and Scatetering them from ther work Lykas the other persones his Complices did violently sease his workmen and took the Spads from them by force with effusion of their blood, And alse cut the pursuers Truffs when this first fray was ended and Kinglassie was gone away, yet he came back the second time and in a furious maner threatneing Chareing and rydieing doune the said pursuers servants, Wherby he and his Complices are guilty of ane unlawfull convocatione and violent ryot or airt and pairt therof For which he and they ought not only to be Decerned to pay to the pursuar the soume of ane Thousand merks of Damnadges Bot also examplarly punished in his persone and goods to the terror of others as Likewayes he and they ought to be Decerned to cease and decist from all mollesting the pursuer or his men in the possession of the said Comunity in time comeing untill the question of right, and possessione betwixt them be determined by due course of Law And Anent the charge given to the saids defenders to have Compeired before the saids Lords of their majesties privy Councill at ane Certain day now bygone To have answered to the points of the above Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should find Just, as the letters and executiones therof more fully bears Which Lybell with the reconventione at the defenders instance against the pursuer being on the twentie first of november called in presence of the saids Lords of their majesties privy Councill They appointed A Comittie of their oun number to examine witnesses on both Lybells, And the saids Lords being this day informed that both parties are agreed as to the point of Ryot They heirby Remitt to the Lords of Councill and session to dissmiss and determine the point of right as to the comunitie in Contraversie betwixt the saids parties And that without abydeing the Course of the roll Upon both parties their giveing Consent to the same.

Edinburgh the Twentie Eight day of November Jaj vjc nyntie thrie years. Post meridiem

D1693/11/321

Judicial Proceeding

Remitt Balgregie Against Kinglassie

Anent our Soveraigne Lord and Ladies letters raised and pursued before the Lords of their Majesties privy Councill at the instance of Mr John Sinclar of Balgregie and Sir James Stewarts their majesties advocat for their highnes intrest in the matter underwritten Mentioning That wher by the Lawes of his and all other weell governed realmes all unlawfull violence is discharged And the interupting of persones in their peaceable possessiones by way of force by ane unlawfull Convocatione and the minaceing and beatting of the possessors and ther men and Servants are Crymes of a high nature and ought to be severly punished nevertheless it is of verity that upon the sixteinth or one of other of the dayes of the moneth of october last […] Douglas of Kinglassie […] Hollyday of Tillibboill younger Androw Wilsone maltman Mr William Abernethie schooll master David Birk younger Thomas Wishart John and George Babaradges Alexander Black James Haigie George Gibb younger John Bredd all tennants of the said2 […] Douglas of Kinglassie and indwallers ther pretending to extrude the pursuer from his right and possession in the great Comon Contiguous to the pursuers lands of Ballgregie not content to have caried away about Eight dayes before wrongeously by way of Spulzie the divots that he hade caused Cast in the said Comunitie came with the persones abovenamed and others ther Complices of the number of about ane dizon of men all of them with staves and battones and some of them with swords and pistolls And finding the pursuers men casting divots and himself overseeing them, The said […] Douglas of Kinglass roadd up furiously to have beatten the men if not stopt by the pursuer Who took him Civilly by the bridle and desyred him to forbear violence, and tilling him that the question of their right and possession was not in that maner to be determined Bot aither by a fair communeing Which the pursuer offered or by the sentance of Judge Ordinary, But the said Kinglassie was so farr transported with possion that he not only pushed on his horss, bot drew his sword with many minaceing word, And stricking the pursuer on the head therwith untill his cap fell on the ground and therafter the said Mr William Abernethie and two more came and laid violent hands on the pursuer , And threw the stick out of his hand, And whill he was takeing up his stick and cap the said Kinglassie rod forward among his men chaseing and Scatetering them from ther work Lykas the other persones his Complices did violently sease his workmen and took the Spads from them by force with effusion of their blood, And alse cut the pursuers Truffs when this first fray was ended and Kinglassie was gone away, yet he came back the second time and in a furious maner threatneing Chareing and rydieing doune the said pursuers servants, Wherby he and his Complices are guilty of ane unlawfull convocatione and violent ryot or airt and pairt therof For which he and they ought not only to be Decerned to pay to the pursuar the soume of ane Thousand merks of Damnadges Bot also examplarly punished in his persone and goods to the terror of others as Likewayes he and they ought to be Decerned to cease and decist from all mollesting the pursuer or his men in the possession of the said Comunity in time comeing untill the question of right, and possessione betwixt them be determined by due course of Law And Anent the charge given to the saids defenders to have Compeired before the saids Lords of their majesties privy Councill at ane Certain day now bygone To have answered to the points of the above Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should find Just, as the letters and executiones therof more fully bears Which Lybell with the reconventione at the defenders instance against the pursuer being on the twentie first of november called in presence of the saids Lords of their majesties privy Councill They appointed A Comittie of their oun number to examine witnesses on both Lybells, And the saids Lords being this day informed that both parties are agreed as to the point of Ryot They heirby Remitt to the Lords of Councill and session to dissmiss and determine the point of right as to the comunitie in Contraversie betwixt the saids parties And that without abydeing the Course of the roll Upon both parties their giveing Consent to the same.

1. NRS, PC2/24, 280r-281r.

2. The word ‘pensioner’ scored out here.

1. NRS, PC2/24, 280r-281r.

2. The word ‘pensioner’ scored out here.

Procedure, 28 November 1693 (pm), Edinburgh

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Edinburgh the Twentie Eight day of November Jaj vjc nyntie thrie years. Post meridiem

D1693/11/311

Procedure

Addition to the Committie Heychester Against Hassenden.

The Councill doe heirby add the Lord Polwarth and Mr Francis Montgomrie to the Comittie allready appointed for examineing the witneses in the proces Scot of Heychester and others against Scot of Hassenden and others and Continues the quorum as formerly

Edinburgh the Twentie Eight day of November Jaj vjc nyntie thrie years. Post meridiem

D1693/11/311

Procedure

Addition to the Committie Heychester Against Hassenden.

The Councill doe heirby add the Lord Polwarth and Mr Francis Montgomrie to the Comittie allready appointed for examineing the witneses in the proces Scot of Heychester and others against Scot of Hassenden and others and Continues the quorum as formerly

1. NRS, PC2/24, 279v.

1. NRS, PC2/24, 279v.

Procedure, 28 November 1693 (pm), Edinburgh

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Edinburgh the Twentie Eight day of November Jaj vjc nyntie thrie years. Post meridiem

D1693/11/301

Procedure

Addition to the Comittie anent the University of St Androwes.

The Councill haveing Considered a petition given in to them be the principalls, masters and professors of the university of St Androwes Craveing a new Comittie to be named anent the affairs of that university or some to be added to the forsaid Comittie and the stock to be divyded, They heirby add the Earle of Leven and Lord Justice Clerk to the Committie formerly appoynted and Continues the quorum as formerly.

Edinburgh the Twentie Eight day of November Jaj vjc nyntie thrie years. Post meridiem

D1693/11/301

Procedure

Addition to the Comittie anent the University of St Androwes.

The Councill haveing Considered a petition given in to them be the principalls, masters and professors of the university of St Androwes Craveing a new Comittie to be named anent the affairs of that university or some to be added to the forsaid Comittie and the stock to be divyded, They heirby add the Earle of Leven and Lord Justice Clerk to the Committie formerly appoynted and Continues the quorum as formerly.

1. NRS, PC2/24, 279v.

1. NRS, PC2/24, 279v.

Decreet, 28 November 1693 (pm), Edinburgh

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Edinburgh the Twentie Eight day of November Jaj vjc nyntie thrie years. Post meridiem

D1693/11/291

Decreet

Decreet Mistress Violat Against Cassingray.

Anent our Soveraigne Lord and Ladies letters of suspensione purchased and raised before the Lords of their Majesties privy Councill at the instance of Mr James Melvill of Cassingray suspender against Issobell Aird relict of the deceast Mr William Violet minister at Cambusnethen and late minister at the Ferriepartoncraig, To restore refound and make payment to the Charger of the stipend of the said kirk of Ferriepartoncraig for the cropt and year of god Jaj vjc nyntie years, Extending the haill quantities of victuall and somnes of money mentioned in the principall letters to the number of thretie two bolls bear Thretie two bolls oats and ten bolls peise And the somne of ane Hundred and seventie one punds scots money Conforme to a pretended act and sentance pronunced be the Lords of privy Councill at the chargers instance against the suspenders upon the fourtein day of June Jaj vjc nyntie two years within ane Certaine short space nixt after his charge under the paine of rebellione and puting of him to the horne intending for the said suspenders alledged Disobedience to cause denunce him rebell and put him therto most wrongeously and unjustly Considering It is of verity primo that the said Suspender hade uplifted the said vaccant stipend of the said kirk of Ferriepartoncraig long before any pretended right the said charger or her said deceast husband hade to the Samen And that the said Suspender hade uplifted and Suspended the samen by the Lords of thesaurers order, And Therfore cannot be holden to refound and restore the samen /2o/ albeit the said suspender were oblidged to restore the samen, yet ther is much more charged for then wes due and received of the said stipend The haill soume recewed of the samen Conforme to compt and reckoning Extending only to six hundreth twentie thrie punds five shilling scots money, And the necessar expences Extending to Eightie five punds Six shilling money forsaid being Deduced out of the said soume the Suspender is only Lyable for the soume of Five hundred thretie seven punds nyntein shilling money forsaid Wherby it may evidently appear to the Lords of privy Councill how wrongeously the said suspender is charged for the forsaid stypend allwayes for the more Obedience the said suspender has found suficient Cautione acted in the books of privy Councill for payment makeing to the said charger of the said stipend bolls of victuall and money charged for at such pryces for the said victuall as the saids Lords of privy Councill shall modifie incase it shall be found that the said suspender Ought so to doe In Respect therof the saids letters and charges Ought and should be suspended And Anent the charge given to the said Issobell Aird charger to have Compeired before the saids Lords at ane certaine day bygone Bringing with her the said act or Sentance of Councill To have been seen and Considered be the saids Lords, And to have heard and seen the samen simplicitor suspended upon the said suspender in time comeing for the reasones and causes forsaids as the principall letters and executiones therof more fully bears Which letters of Suspensione being called this day in presence of the saids Lords And the suspender Compeiring be Sir James Ogilvie advocat his procurator And the said Issobell Aird Charger Compeiring be Sir James Stewart ther Majesties advocat and Mr James Stewart advocat the procurators Who for instructing the ground of the charge produced in presence of the saids Lords the act of Councill charged on Wherby the Suspender is Decerned to refound to the charger the stipend of the said kirk of Ferrie2 Partincraig for the said year Jaj vjc nyntie of the date abovewritten with the letters of horning and acts theron quherin the stypend of the said kirk extends the quantities of victuall and soumes of money abovementioned in the forsaid suspensione, The Saids Lords of their Majesties privy Councill haveing Considered the reasones of Suspensione with the ground of the charge and haveing heard both parties advocats fully at the barr, They have Repelled and heirby Repells the reasones of suspensione and Finds the letters orderly proceided against the suspender for the Soumes of money and quantities of victuall charged for, And Ordaines letters of horning one fiftein dayes and others needfull to be direct heiron in forme as effeirs.

Edinburgh the Twentie Eight day of November Jaj vjc nyntie thrie years. Post meridiem

D1693/11/291

Decreet

Decreet Mistress Violat Against Cassingray.

Anent our Soveraigne Lord and Ladies letters of suspensione purchased and raised before the Lords of their Majesties privy Councill at the instance of Mr James Melvill of Cassingray suspender against Issobell Aird relict of the deceast Mr William Violet minister at Cambusnethen and late minister at the Ferriepartoncraig, To restore refound and make payment to the Charger of the stipend of the said kirk of Ferriepartoncraig for the cropt and year of god Jaj vjc nyntie years, Extending the haill quantities of victuall and somnes of money mentioned in the principall letters to the number of thretie two bolls bear Thretie two bolls oats and ten bolls peise And the somne of ane Hundred and seventie one punds scots money Conforme to a pretended act and sentance pronunced be the Lords of privy Councill at the chargers instance against the suspenders upon the fourtein day of June Jaj vjc nyntie two years within ane Certaine short space nixt after his charge under the paine of rebellione and puting of him to the horne intending for the said suspenders alledged Disobedience to cause denunce him rebell and put him therto most wrongeously and unjustly Considering It is of verity primo that the said Suspender hade uplifted the said vaccant stipend of the said kirk of Ferriepartoncraig long before any pretended right the said charger or her said deceast husband hade to the Samen And that the said Suspender hade uplifted and Suspended the samen by the Lords of thesaurers order, And Therfore cannot be holden to refound and restore the samen /2o/ albeit the said suspender were oblidged to restore the samen, yet ther is much more charged for then wes due and received of the said stipend The haill soume recewed of the samen Conforme to compt and reckoning Extending only to six hundreth twentie thrie punds five shilling scots money, And the necessar expences Extending to Eightie five punds Six shilling money forsaid being Deduced out of the said soume the Suspender is only Lyable for the soume of Five hundred thretie seven punds nyntein shilling money forsaid Wherby it may evidently appear to the Lords of privy Councill how wrongeously the said suspender is charged for the forsaid stypend allwayes for the more Obedience the said suspender has found suficient Cautione acted in the books of privy Councill for payment makeing to the said charger of the said stipend bolls of victuall and money charged for at such pryces for the said victuall as the saids Lords of privy Councill shall modifie incase it shall be found that the said suspender Ought so to doe In Respect therof the saids letters and charges Ought and should be suspended And Anent the charge given to the said Issobell Aird charger to have Compeired before the saids Lords at ane certaine day bygone Bringing with her the said act or Sentance of Councill To have been seen and Considered be the saids Lords, And to have heard and seen the samen simplicitor suspended upon the said suspender in time comeing for the reasones and causes forsaids as the principall letters and executiones therof more fully bears Which letters of Suspensione being called this day in presence of the saids Lords And the suspender Compeiring be Sir James Ogilvie advocat his procurator And the said Issobell Aird Charger Compeiring be Sir James Stewart ther Majesties advocat and Mr James Stewart advocat the procurators Who for instructing the ground of the charge produced in presence of the saids Lords the act of Councill charged on Wherby the Suspender is Decerned to refound to the charger the stipend of the said kirk of Ferrie2 Partincraig for the said year Jaj vjc nyntie of the date abovewritten with the letters of horning and acts theron quherin the stypend of the said kirk extends the quantities of victuall and soumes of money abovementioned in the forsaid suspensione, The Saids Lords of their Majesties privy Councill haveing Considered the reasones of Suspensione with the ground of the charge and haveing heard both parties advocats fully at the barr, They have Repelled and heirby Repells the reasones of suspensione and Finds the letters orderly proceided against the suspender for the Soumes of money and quantities of victuall charged for, And Ordaines letters of horning one fiftein dayes and others needfull to be direct heiron in forme as effeirs.

1. NRS, PC2/24, 278v-279v.

2. Insertion.

1. NRS, PC2/24, 278v-279v.

2. Insertion.

Petition, 28 November 1693 (pm), Edinburgh

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Edinburgh the Twentie Eight day of November Jaj vjc nyntie thrie years. Post meridiem

D1693/11/281

Petition

Petitione The Ladie St Leonard refused.

Petition Jannet Craig Lady St Leonards Craveing of ane aliement and answers therto be Browne of Thorniedykes Read, and both parties advocats being called and Sir James Ogilvie and Mr Craig Compeiring as advocats for the petitioners and Sir James Stewart ther Majesties advocat Compeiring for the said Mr Alexander Browne of Thorniedykes, The Lords of privy Councill haveing Considered the said bill and answers and both parties advocats being fully heard, The Refuse the Desyre of the bill.

Edinburgh the Twentie Eight day of November Jaj vjc nyntie thrie years. Post meridiem

D1693/11/281

Petition

Petitione The Ladie St Leonard refused.

Petition Jannet Craig Lady St Leonards Craveing of ane aliement and answers therto be Browne of Thorniedykes Read, and both parties advocats being called and Sir James Ogilvie and Mr Craig Compeiring as advocats for the petitioners and Sir James Stewart ther Majesties advocat Compeiring for the said Mr Alexander Browne of Thorniedykes, The Lords of privy Councill haveing Considered the said bill and answers and both parties advocats being fully heard, The Refuse the Desyre of the bill.

1. NRS, PC2/24, 278v.

1. NRS, PC2/24, 278v.

Decreet, 28 November 1693 (pm), Edinburgh

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D1693/11/271

Decreet

Decreet Sussana Weir Against Anna Johnstone.

Anent our Soveraigne Lord and Ladies letters raised and pursued before the Lords of their majesties privy Councill at the instance of Susanna Weir daughter to the deceast Gavin Weir who was brother to the deceast Walter Weir of Dalrymylnes and only appearand air to the said Walter Weir Mentioneing That quher the said Walter Weir the pursuers uncle dyed last vest and seazed in the lands and mylnes called Dalrymylnes and albeit he left two daughters and likewayes the said Gavin the pursuers father his brother yet they being all now deceased the pursuar is the only appearand air Lykeas the forsaid Lands and mylnes the wholl estate remaineing to him is burthened with ane lifrent annnuitie of Twelue Hundred merks yearly to Anna Johnstone his relict now Spouse to James Murray merchant in Edinburgh and the lands and mylnes at most are bot worth about fourtein hundreth merks yearly so that the forsaid Lyfrent annuitie with the publict burdens and other incidents doeth exhaust the wholl rent wherby it is clear that the pursuer the appearand air has no Supperlus nor in effect any of her mean of Subsistance And seing by the law and Constant pratique of the kingdome the appearand air is to be aliemented and the lyfrentars are Lyable therto, And that the pursuar is but a poor minor under age destitute of all freinds and not haveing so much as ane Curator to concurr with her in this necessary action untill the Lords of privy Councill authoriz one of that effect, And Consequently doeth deserve ther present help and releiffe and to grant warrand to Sumand the said Anna Johnstone and her said spouse to hear and see the premises verified and proven And ane aliement modified to the said pursuer according to her age Which is now Fourtein years and in time comeing dureing the said Anna her Lifetime And Anent the charge given to the said Anna Johnstoune and her said husband to have Compeired before the saids Lords at ane Certaine day bygone To have heard and seen the premises verified and proven and ane aliement modified to the pursuar according to her said age And that dureing the said Anna her Lifetyme under the paines of rebellion etc with Certificatione etc as the said letters and executiones at more length bears The Which letters being this day called in presence of the Lords of their Majesties privy Councill, And the said Sussanna Weir Compeiring to Sir James Stewart their majesties Advocat and the said James Murray one of the defenders Compeiring personally for himself and his said Spouse with Sir James Ogilvie Mr Hew Dalrymple and Mr William Calderwood their advocates both parties being fully heard And The saids Lords of privy Councill haveing Considered the Lybell and answers with a declaratione of the said James Murray anent the rentall of the lands and mylnes of Dalrymilnes They heirby modifie the Soume of Two Hundreth merks Scots yearly to be payed be the said Anna Johnstone and her Said husband for his intrest for the said pursuer her aliement, Comenceing the said aliement from the terme of Whitsunday last bypast And Therfore Decernes and Ordaines the said Anna Johnstone and her husband for his intrest To make payment to the said pursuer And to George Weir one the maccers of privy Councill whom the saids Lords authorize to be Curator to the pursuer ad huns speciatem effecum, of the said aliement as followes viz the Soume of ane Hundred merks being for the terme from Whitsunday to merchant both last by past and the like soume of ane Hundreth merks for the terme Current from mertimes last to Whitsunday nixt And so furth yearly and termly in time comeing dureing the life time of the said Anna Johnstone (2the termes of payment being allwayes first come and bypast And Ordaines letters of horning on fiftein dayes and others neidfull to be direct heiron in forme as effeirs.

Edinburgh the Twentie Eight day of November Jaj vjc nyntie thrie years. Post meridiem

D1693/11/271

Decreet

Decreet Sussana Weir Against Anna Johnstone.

Anent our Soveraigne Lord and Ladies letters raised and pursued before the Lords of their majesties privy Councill at the instance of Susanna Weir daughter to the deceast Gavin Weir who was brother to the deceast Walter Weir of Dalrymylnes and only appearand air to the said Walter Weir Mentioneing That quher the said Walter Weir the pursuers uncle dyed last vest and seazed in the lands and mylnes called Dalrymylnes and albeit he left two daughters and likewayes the said Gavin the pursuers father his brother yet they being all now deceased the pursuar is the only appearand air Lykeas the forsaid Lands and mylnes the wholl estate remaineing to him is burthened with ane lifrent annnuitie of Twelue Hundred merks yearly to Anna Johnstone his relict now Spouse to James Murray merchant in Edinburgh and the lands and mylnes at most are bot worth about fourtein hundreth merks yearly so that the forsaid Lyfrent annuitie with the publict burdens and other incidents doeth exhaust the wholl rent wherby it is clear that the pursuer the appearand air has no Supperlus nor in effect any of her mean of Subsistance And seing by the law and Constant pratique of the kingdome the appearand air is to be aliemented and the lyfrentars are Lyable therto, And that the pursuar is but a poor minor under age destitute of all freinds and not haveing so much as ane Curator to concurr with her in this necessary action untill the Lords of privy Councill authoriz one of that effect, And Consequently doeth deserve ther present help and releiffe and to grant warrand to Sumand the said Anna Johnstone and her said spouse to hear and see the premises verified and proven And ane aliement modified to the said pursuer according to her age Which is now Fourtein years and in time comeing dureing the said Anna her Lifetime And Anent the charge given to the said Anna Johnstoune and her said husband to have Compeired before the saids Lords at ane Certaine day bygone To have heard and seen the premises verified and proven and ane aliement modified to the pursuar according to her said age And that dureing the said Anna her Lifetyme under the paines of rebellion etc with Certificatione etc as the said letters and executiones at more length bears The Which letters being this day called in presence of the Lords of their Majesties privy Councill, And the said Sussanna Weir Compeiring to Sir James Stewart their majesties Advocat and the said James Murray one of the defenders Compeiring personally for himself and his said Spouse with Sir James Ogilvie Mr Hew Dalrymple and Mr William Calderwood their advocates both parties being fully heard And The saids Lords of privy Councill haveing Considered the Lybell and answers with a declaratione of the said James Murray anent the rentall of the lands and mylnes of Dalrymilnes They heirby modifie the Soume of Two Hundreth merks Scots yearly to be payed be the said Anna Johnstone and her Said husband for his intrest for the said pursuer her aliement, Comenceing the said aliement from the terme of Whitsunday last bypast And Therfore Decernes and Ordaines the said Anna Johnstone and her husband for his intrest To make payment to the said pursuer And to George Weir one the maccers of privy Councill whom the saids Lords authorize to be Curator to the pursuer ad huns speciatem effecum, of the said aliement as followes viz the Soume of ane Hundred merks being for the terme from Whitsunday to merchant both last by past and the like soume of ane Hundreth merks for the terme Current from mertimes last to Whitsunday nixt And so furth yearly and termly in time comeing dureing the life time of the said Anna Johnstone (2the termes of payment being allwayes first come and bypast And Ordaines letters of horning on fiftein dayes and others neidfull to be direct heiron in forme as effeirs.

1. NRS, PC2/24, 277v-278r.

2. Closing bracket missing.

1. NRS, PC2/24, 277v-278r.

2. Closing bracket missing.

Act, 28 November 1693 (pm), Edinburgh

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Edinburgh the Twentie Eight day of November Jaj vjc nyntie thrie years. Post meridiem

D1693/11/261

Act

Act Mr Thomas Forrester.

Anent the petition given in to the Lords of their majesties privy Councill be Mr Thomas Forrester minister at St Androwes Shewing That quher the petitioner has exerced his ministrie within the said touch Church of St Androwes at the call and with the consent of the people ever since the fourth day of may Jaj vjc nyntie two years and is orderly admitted to the said Church as ane testificat under the hands of Mr Alexander Glass moderator to the presbytrie of St Androwes and John Oliphant Clerk therto produced with the said petition has testified. And Seing the petitioner has therby right to the stipend of the said parish as the samen was possest be umquhill Mr James Rhymer Last incumbent ther, And that for the cropt and year of god Jaj vjc nyntie two years since syne and in time comeing dureing the petitioners serving the cure therat and ther being ane act of privy Councill of the said umquhill Mr James Rhymer and Decreet proceiding upon a suspension given in be the persones Lyable in paymeent Quherin the quantities of the stipend is expressed as the samen also produced to the saids Lords testified, And it being necessary for the petitioners securitie that the said act and Decreet to be renued in favors of the petitioner And letters of horning direct quherupon as his instance Against the persones therin mentioned Lyable in payment of the said stipend And Therfore Humbly Craveing to the effect under written as the said petitione bears The Lords of their Majesties privy Councill haveing Considered the said petitione with the testificat of the petitioners admissione and act of Councill of the thretein of november Jaj vjc nyntie years and decreet of preferrence of the sixteinth day of Aprill Jaj vjc nyntie one years all mentioned and produced with the said petitione They Find that the petitioner hath right to the stipend of the above toune Church of St Androwes as the samen was possest be the deceast Mr James Ryhmer last incumbent therat, And that for the haill cropt and year of god Jaj vjc nyntie two years and since syne and in time comeing dureing his serving the cure at the said parish, And ordaines him to readily answered and payed therof be the persones aftermentioned viz James Duncan of Kincaple for the number of four bolls teynd oats formerly payable be the said James Duncan furth of that part of Kincaple Laboured be him to the late Archdean of St Androwes, Jannet Ramsay ther for the number of two bolls teynd what Thrie bolls teynd bear and seven bolls teynd oats formerly payable furth of that part of the saids Lands of Kincaple Laboured be her to the late arch dean of St Androwes, John Roxburgh ther of the number of two bolls teynd wheat thrie bolls teynd bear and seven bolls teynd oats which was formerly payable furth of the saids Lands of Kincaple Laboured be him to the late Archdean of St Androwes, John Miller ther of the number of two bolls teynd oats which was formerly payable furth of that part of the said Archdean of St Androwes The other John Miller ther of the number of four bolls teynd what six bolls teynd bear and fourtein bolls teynd oats formerly payable furth of that rent of the saids Lands of Kincaple Laboured be him to the said Archdean of St Androwes, John Barclay ther of the number of six bolls teynd wheat nyne bolls teynd bears and twentie one bolls teynd Oats formerly payed furth of the saids Lands of Kincaple Laboured be him to the said Archdean of St Androwes Thomas Cumming ther of the number of two bolls teynd wheat thrie bolls teynd bear and seven boll teynd oats formerly payable furth of the saids Lands of Kincaple Laboured by him to the said Archdean of St Androwes Thomas Fleyming in Newtoune of Nydie of the number of six bolls teynd bear and twelue bolls teynd oats formerly payable furth of that part of the lands of Newtoune of Nydie Laboured be him to the said Archdean of St Androwes, John Bennet ther of the number of two bolls teynd wheat six bolls teynd bear and twelue bolls teynd oats formerly payable furth of that part of the Lands of Newtoune of Nydie Laboured be him to the said Archdean of St Androwes Walter Boist in Nydie of the number of four bolls teynd wheat Eight bolls teynd bear and Eighteen bolls teynd oates formerly payable furth of the saids Lands of Nydie to the said late Archdean of St Androwes David Duncan in Kincaple of the number of two bolls teynd wheat, Thrie bolls teynd bear and seven bolls teynd oats formerly payed furth of the saids Lands of Nydie to the said archdean of St Androwes, and John Vaun at the guard bridge to the said late archdean of St Androwes And be the succesors of the forsaid persones possessors of the lands and others abovewritten out of quhich the forsaid stipend being allwayes forst come and bygone, And Ordained letters of horning one fiftein dayes under the signet of Councill to be direct against the saids persones Lyable, In respect the petitioner has before extracting heirof produced in the hands of the Clerk of Councill ane Certificat of his takeing the oathes of alledgance and assurance before the Commissioners appoynted to administrat the same within the shyre of Fyfe.

Edinburgh the Twentie Eight day of November Jaj vjc nyntie thrie years. Post meridiem

D1693/11/261

Act

Act Mr Thomas Forrester.

Anent the petition given in to the Lords of their majesties privy Councill be Mr Thomas Forrester minister at St Androwes Shewing That quher the petitioner has exerced his ministrie within the said touch Church of St Androwes at the call and with the consent of the people ever since the fourth day of may Jaj vjc nyntie two years and is orderly admitted to the said Church as ane testificat under the hands of Mr Alexander Glass moderator to the presbytrie of St Androwes and John Oliphant Clerk therto produced with the said petition has testified. And Seing the petitioner has therby right to the stipend of the said parish as the samen was possest be umquhill Mr James Rhymer Last incumbent ther, And that for the cropt and year of god Jaj vjc nyntie two years since syne and in time comeing dureing the petitioners serving the cure therat and ther being ane act of privy Councill of the said umquhill Mr James Rhymer and Decreet proceiding upon a suspension given in be the persones Lyable in paymeent Quherin the quantities of the stipend is expressed as the samen also produced to the saids Lords testified, And it being necessary for the petitioners securitie that the said act and Decreet to be renued in favors of the petitioner And letters of horning direct quherupon as his instance Against the persones therin mentioned Lyable in payment of the said stipend And Therfore Humbly Craveing to the effect under written as the said petitione bears The Lords of their Majesties privy Councill haveing Considered the said petitione with the testificat of the petitioners admissione and act of Councill of the thretein of november Jaj vjc nyntie years and decreet of preferrence of the sixteinth day of Aprill Jaj vjc nyntie one years all mentioned and produced with the said petitione They Find that the petitioner hath right to the stipend of the above toune Church of St Androwes as the samen was possest be the deceast Mr James Ryhmer last incumbent therat, And that for the haill cropt and year of god Jaj vjc nyntie two years and since syne and in time comeing dureing his serving the cure at the said parish, And ordaines him to readily answered and payed therof be the persones aftermentioned viz James Duncan of Kincaple for the number of four bolls teynd oats formerly payable be the said James Duncan furth of that part of Kincaple Laboured be him to the late Archdean of St Androwes, Jannet Ramsay ther for the number of two bolls teynd what Thrie bolls teynd bear and seven bolls teynd oats formerly payable furth of that part of the saids Lands of Kincaple Laboured be her to the late arch dean of St Androwes, John Roxburgh ther of the number of two bolls teynd wheat thrie bolls teynd bear and seven bolls teynd oats which was formerly payable furth of the saids Lands of Kincaple Laboured be him to the late Archdean of St Androwes, John Miller ther of the number of two bolls teynd oats which was formerly payable furth of that part of the said Archdean of St Androwes The other John Miller ther of the number of four bolls teynd what six bolls teynd bear and fourtein bolls teynd oats formerly payable furth of that rent of the saids Lands of Kincaple Laboured be him to the said Archdean of St Androwes, John Barclay ther of the number of six bolls teynd wheat nyne bolls teynd bears and twentie one bolls teynd Oats formerly payed furth of the saids Lands of Kincaple Laboured be him to the said Archdean of St Androwes Thomas Cumming ther of the number of two bolls teynd wheat thrie bolls teynd bear and seven boll teynd oats formerly payable furth of the saids Lands of Kincaple Laboured by him to the said Archdean of St Androwes Thomas Fleyming in Newtoune of Nydie of the number of six bolls teynd bear and twelue bolls teynd oats formerly payable furth of that part of the lands of Newtoune of Nydie Laboured be him to the said Archdean of St Androwes, John Bennet ther of the number of two bolls teynd wheat six bolls teynd bear and twelue bolls teynd oats formerly payable furth of that part of the Lands of Newtoune of Nydie Laboured be him to the said Archdean of St Androwes Walter Boist in Nydie of the number of four bolls teynd wheat Eight bolls teynd bear and Eighteen bolls teynd oates formerly payable furth of the saids Lands of Nydie to the said late Archdean of St Androwes David Duncan in Kincaple of the number of two bolls teynd wheat, Thrie bolls teynd bear and seven bolls teynd oats formerly payed furth of the saids Lands of Nydie to the said archdean of St Androwes, and John Vaun at the guard bridge to the said late archdean of St Androwes And be the succesors of the forsaid persones possessors of the lands and others abovewritten out of quhich the forsaid stipend being allwayes forst come and bygone, And Ordained letters of horning one fiftein dayes under the signet of Councill to be direct against the saids persones Lyable, In respect the petitioner has before extracting heirof produced in the hands of the Clerk of Councill ane Certificat of his takeing the oathes of alledgance and assurance before the Commissioners appoynted to administrat the same within the shyre of Fyfe.

1. NRS, PC2/24, 276r-277r.

1. NRS, PC2/24, 276r-277r.

Sederunt, 28 November 1693 (pm), Edinburgh

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Edinburgh the Twentie Eight day of November Jaj vjc nyntie thrie years. Post meridiem1

D1693/11/252

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Anandale; Viscount Tarbat; Viscount Stair; Lord Raith T:D:; Lord Polwarth; Lord Advocat; Lord Justice Clerk; Lord Fountonhall; Lord Enstruther; Mr Fr: Montgomrie

Edinburgh the Twentie Eight day of November Jaj vjc nyntie thrie years. Post meridiem1

D1693/11/252

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Anandale; Viscount Tarbat; Viscount Stair; Lord Raith T:D:; Lord Polwarth; Lord Advocat; Lord Justice Clerk; Lord Fountonhall; Lord Enstruther; Mr Fr: Montgomrie

1. NRS, PC2/24, 276r.

2. NRS, PC2/24, 276r.

1. NRS, PC2/24, 276r.

2. NRS, PC2/24, 276r.

Order, 28 November 1693 (pm), Edinburgh

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Att Edinburgh The Tuentie Eight day of November Jaj vic nyntie thrie yeirs Eodem Die post meridiem

A1693/11/371

Order

The Commissaries of the Army called

The Commissaries of the Army being Called to the Barr to Ansuer a Complaint verbally made against them at the Councell Board the […] day of […] Bearing that through their defect being unprovyded About fourtie of the troopers have been2 quartered upon free quarters uithin the paroches of Prestonkirk and Tuninghame wherof tuenty in each paroch Compeared Sir George Hamiltone of Binning and Sir James Osuald of Fingletoune who ansuered that these troopes had been sufficiently provyded for and was in Dumbar And their Majesties Sollicitor Having Reported the verball Complaint The same was Lett fall before the Councell To be insisted in before the Lords Commissioners of the Thesaury In respect the Earle of Linlithgow did produce a missive from Hepburne of Beanstoune to Sir Thomas Muncreiff Containing a report of some Depositiones taken be Beanstoune In this affair upon a Commissione from the Lords of the Thesaury

Att Edinburgh The Tuentie Eight day of November Jaj vic nyntie thrie yeirs Eodem Die post meridiem

A1693/11/371

Order

The Commissaries of the Army called

The Commissaries of the Army being Called to the Barr to Ansuer a Complaint verbally made against them at the Councell Board the […] day of […] Bearing that through their defect being unprovyded About fourtie of the troopers have been2 quartered upon free quarters uithin the paroches of Prestonkirk and Tuninghame wherof tuenty in each paroch Compeared Sir George Hamiltone of Binning and Sir James Osuald of Fingletoune who ansuered that these troopes had been sufficiently provyded for and was in Dumbar And their Majesties Sollicitor Having Reported the verball Complaint The same was Lett fall before the Councell To be insisted in before the Lords Commissioners of the Thesaury In respect the Earle of Linlithgow did produce a missive from Hepburne of Beanstoune to Sir Thomas Muncreiff Containing a report of some Depositiones taken be Beanstoune In this affair upon a Commissione from the Lords of the Thesaury

1. NRS, PC1/49, 183-4.

2. Interlinear insertion.

1. NRS, PC1/49, 183-4.

2. Interlinear insertion.

Sederunt, 28 November 1693 (pm), Edinburgh

Posted on by

Att Edinburgh The Tuentie Eight day of November Jaj vic nyntie thrie yeirs Eodem Die post meridiem1

A1693/11/362

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Annandale; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Polluarth; Lord Advocat; Lord Justice Clark; Lord Funtainhall; Mr Fra: Muntgomery

Att Edinburgh The Tuentie Eight day of November Jaj vic nyntie thrie yeirs Eodem Die post meridiem1

A1693/11/362

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Annandale; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Polluarth; Lord Advocat; Lord Justice Clark; Lord Funtainhall; Mr Fra: Muntgomery

1. NRS, PC1/49, 183.

2. NRS, PC1/49, 183.

1. NRS, PC1/49, 183.

2. NRS, PC1/49, 183.