Tag Archives: 29 March 1692

Order, 29 March 1692, Edinburgh

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Order

Sist executione The [Earl of] Linlithgow Against Mrs Hay for the stipend of Inschmachan

Forasmuchas The Lords of their majesties privy Councill by their act of the date the twentie nynth day of December Jaj vjc nyntie one years Have allowed to Jean Brown relict of Mr William Hay minister of Holywood the stipend of Inschmachan for the haill cropt and year of god Jaj vjc nyntie, And the Earle of Linlithgow haveing Represented to their Lordships that he is Patron of the said kirk and has not consented to the gift of the said stipend without which their Lordships are not in use to dispose of stipends wherof particular persones are patrones Bot only such as are of their Majesties patronadge, And that he humbly conceived the stipend has been disposed of under the notion of a kirk quherof their majesties are patrones And Therfore Craved the act in Mrs Hayes favors might be recalled The Lords of their majesties privy Councill Doe heirby sist all executione upon the forsaid act against the persones Lyable in payment for the forsaid stipend untill the nynteinth day of Aprill nixt to come to which day the Councill is Adjourned.

Edinburgh the Twentie nynth day of March Jaj vjc nyntie two years

D1692/3/351

Order

Sist executione The [Earl of] Linlithgow Against Mrs Hay for the stipend of Inschmachan

Forasmuchas The Lords of their majesties privy Councill by their act of the date the twentie nynth day of December Jaj vjc nyntie one years Have allowed to Jean Brown relict of Mr William Hay minister of Holywood the stipend of Inschmachan for the haill cropt and year of god Jaj vjc nyntie, And the Earle of Linlithgow haveing Represented to their Lordships that he is Patron of the said kirk and has not consented to the gift of the said stipend without which their Lordships are not in use to dispose of stipends wherof particular persones are patrones Bot only such as are of their Majesties patronadge, And that he humbly conceived the stipend has been disposed of under the notion of a kirk quherof their majesties are patrones And Therfore Craved the act in Mrs Hayes favors might be recalled The Lords of their majesties privy Councill Doe heirby sist all executione upon the forsaid act against the persones Lyable in payment for the forsaid stipend untill the nynteinth day of Aprill nixt to come to which day the Councill is Adjourned.

1. NRS, PC2/24, 47r-47v.

1. NRS, PC2/24, 47r-47v.

Procedure: report, 29 March 1692, Edinburgh

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Procedure: report

Report of the Comittie The magistrats heritors and elders of Bruntisland Against The Presbytrie of Kirkaldie anent Mr Johnstone

The Viscount of Stair and Lord Enstruther to whom it was Recomended by deliverances of Councill of the twentie two day of March instant upon the petitione given in by the magistrats heritors and elders of the toune and paroch of Bruntisland anent Mr George Johnstone minister of Burntisland, And the presbytrie of Kirkaldie procedure against him, To conferr with such of the said presbyterie as they should send over to Edinburgh for that effect, Reported to the Councill that they hade mett and conferred with the persones sent over by the Presbytrie being of their number, who Declared that the presbytrie was very sensible of the Councills favors in this matter, And Resent the same with much thankfullnes, And Finding that both the persones who pretend Calls to be ministers of Burntisland Doe alledge their Calls are from the pluralitie of the heritors and elders in the said paroch, The persones Commisioned from the Presbytrie have ingadged that the presbytrie shall call both heritors and elders and shall make exact tryall which of the two ministers have the pluralitie to their call, And that the Presbytrie shall returne a true account therof to the Councill And in the mean time that they shall not fill the kirk of Bruntisland untill the presbytrie make returne to the Councill, And the Councills mynd by signified to them And the Comittie Reported that the ministers sent from the Presbytrie Declared the presbytrie has not setled a minister at the said kirk of Bruntisland nor served any edict for setling him.

Edinburgh the Twentie nynth day of March Jaj vjc nyntie two years

D1692/3/341

Procedure: report

Report of the Comittie The magistrats heritors and elders of Bruntisland Against The Presbytrie of Kirkaldie anent Mr Johnstone

The Viscount of Stair and Lord Enstruther to whom it was Recomended by deliverances of Councill of the twentie two day of March instant upon the petitione given in by the magistrats heritors and elders of the toune and paroch of Bruntisland anent Mr George Johnstone minister of Burntisland, And the presbytrie of Kirkaldie procedure against him, To conferr with such of the said presbyterie as they should send over to Edinburgh for that effect, Reported to the Councill that they hade mett and conferred with the persones sent over by the Presbytrie being of their number, who Declared that the presbytrie was very sensible of the Councills favors in this matter, And Resent the same with much thankfullnes, And Finding that both the persones who pretend Calls to be ministers of Burntisland Doe alledge their Calls are from the pluralitie of the heritors and elders in the said paroch, The persones Commisioned from the Presbytrie have ingadged that the presbytrie shall call both heritors and elders and shall make exact tryall which of the two ministers have the pluralitie to their call, And that the Presbytrie shall returne a true account therof to the Councill And in the mean time that they shall not fill the kirk of Bruntisland untill the presbytrie make returne to the Councill, And the Councills mynd by signified to them And the Comittie Reported that the ministers sent from the Presbytrie Declared the presbytrie has not setled a minister at the said kirk of Bruntisland nor served any edict for setling him.

1. NRS, PC2/24, 47r.

1. NRS, PC2/24, 47r.

Procedure: report, 29 March 1692, Edinburgh

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Procedure: report

Report of the Comittie The Lord Yester and others Against The Presbytery of Dumferling

The Viscount of Stair and Lord Enstruther to whom it was Recomended by Deliverance of the Councill of the twentie two day of march instant upon the Petition given in by the Lord Yester and others anent Mr Simion Couper minister at Dumfermling And the Presbytrie of Dumferling their procedure against the said Mr Simion, To conferr with such of the said Presbytrie as they should send over to Edinburgh for that effect, Reported to the Councill that they hade mett and conferred with the person sent over be the Presbytrie being on of their number who declaired that the presbytrie ware very sensible of the Councills favor in this matter, and did Resent the same with much thankfullness, And that he will represent to the presbytrie the Councills desyres in this matter, And that he would procure a returne from the presbyterie to the Councill And that in the mean tyme the Presbytrie would not proceid untill their returne be made to the Councill, And the Councills mynd be made knowen to them

Edinburgh the Twentie nynth day of March Jaj vjc nyntie two years

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Procedure: report

Report of the Comittie The Lord Yester and others Against The Presbytery of Dumferling

The Viscount of Stair and Lord Enstruther to whom it was Recomended by Deliverance of the Councill of the twentie two day of march instant upon the Petition given in by the Lord Yester and others anent Mr Simion Couper minister at Dumfermling And the Presbytrie of Dumferling their procedure against the said Mr Simion, To conferr with such of the said Presbytrie as they should send over to Edinburgh for that effect, Reported to the Councill that they hade mett and conferred with the person sent over be the Presbytrie being on of their number who declaired that the presbytrie ware very sensible of the Councills favor in this matter, and did Resent the same with much thankfullness, And that he will represent to the presbytrie the Councills desyres in this matter, And that he would procure a returne from the presbyterie to the Councill And that in the mean tyme the Presbytrie would not proceid untill their returne be made to the Councill, And the Councills mynd be made knowen to them

1. NRS, PC2/24, 46v.

1. NRS, PC2/24, 46v.

Decreet, 29 March 1692, Edinburgh

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Decreet

Interloquitor Jeriswood Against Brand

The Lybell at the instance of the Laird of Jeriswood against Brand of Babertoune being Called and the pursuar Compeiring be James Stewart senior Advocat, And the defender Compeiring personally with Sir David Thores advocat and both parties procurators being fully heard, The Lords of their Majesties Privy Councill haveing Considered the above Lybell They heirby Discharge the said Alexander Brand defender, To cutt doune sell or dispose upon any of the trees planting or pollicie about the house and maner place of Reidhall growing or allready Cutt untill the point of right betwixt the forsaid parties be discust and determined be the Judge ordinary And ordaines the said Alexander Brand to find suficient Caution acted in the books of privy Councill for that effect, under the penaltie of ane Hundred punds Sterling and upon finding Cautione as said is Repones the defenders against the certificatione prununced in this proces against him And ordaines letters of horning on six dayes to be direct heiron.

Edinburgh the Twentie nynth day of March Jaj vjc nyntie two years

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Decreet

Interloquitor Jeriswood Against Brand

The Lybell at the instance of the Laird of Jeriswood against Brand of Babertoune being Called and the pursuar Compeiring be James Stewart senior Advocat, And the defender Compeiring personally with Sir David Thores advocat and both parties procurators being fully heard, The Lords of their Majesties Privy Councill haveing Considered the above Lybell They heirby Discharge the said Alexander Brand defender, To cutt doune sell or dispose upon any of the trees planting or pollicie about the house and maner place of Reidhall growing or allready Cutt untill the point of right betwixt the forsaid parties be discust and determined be the Judge ordinary And ordaines the said Alexander Brand to find suficient Caution acted in the books of privy Councill for that effect, under the penaltie of ane Hundred punds Sterling and upon finding Cautione as said is Repones the defenders against the certificatione prununced in this proces against him And ordaines letters of horning on six dayes to be direct heiron.

1. NRS, PC2/24, 46v.

1. NRS, PC2/24, 46v.

Procedure: committee formed, 29 March 1692, Edinburgh

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Procedure: committee formed

Comittie in the Lybell Lord Jedburgh Against Livt Lauder

The Lybell at the instance of the Lord Jedburgh against Livetenant Lauder being againe called and the pursuar Compeiring by Mr Richard Douglas advocat And the defender Compeiring personally with Mr Robert Bennet advocat and both parties being fully heard. The Lords of their majesties Privy Councill haveing Considered the Lybell They admitt the same to the pursuars probatione and the haill witnesses cited be the pursuar Compeired personaly at the barr and made faith except Adam Richardsone And the saids Lords heirby nominats and appoints Sir Lodovick Grant of that ilk Sir Archibald Murray of Blackbarrony and Sir Patrick Murray of Saltcoats Or any two of them to be a Comittie for examineing of the saids witnesses And Recomends to them to meet to morrow at ten a cloak in the forenoon And Reserves all objectiones against the witnesses to be proponed and discust before the said Commitie.

Edinburgh the Twentie nynth day of March Jaj vjc nyntie two years

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Procedure: committee formed

Comittie in the Lybell Lord Jedburgh Against Livt Lauder

The Lybell at the instance of the Lord Jedburgh against Livetenant Lauder being againe called and the pursuar Compeiring by Mr Richard Douglas advocat And the defender Compeiring personally with Mr Robert Bennet advocat and both parties being fully heard. The Lords of their majesties Privy Councill haveing Considered the Lybell They admitt the same to the pursuars probatione and the haill witnesses cited be the pursuar Compeired personaly at the barr and made faith except Adam Richardsone And the saids Lords heirby nominats and appoints Sir Lodovick Grant of that ilk Sir Archibald Murray of Blackbarrony and Sir Patrick Murray of Saltcoats Or any two of them to be a Comittie for examineing of the saids witnesses And Recomends to them to meet to morrow at ten a cloak in the forenoon And Reserves all objectiones against the witnesses to be proponed and discust before the said Commitie.

1. NRS, PC2/24, 46r.

1. NRS, PC2/24, 46r.

Sederunt, 29 March 1692, Edinburgh

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Sederunt

Lord Chancelor; Marquis of Douglas; Earl of Lothian; Earl of Leven; Viscount Stairs; Lord Fountonhall; Lord Enstrather; Laird of Grant; Laird of Blackbarrony; Sir Patrick Murray

Edinburgh the Twentie nynth day of March Jaj vjc nyntie two years1

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Sederunt

Lord Chancelor; Marquis of Douglas; Earl of Lothian; Earl of Leven; Viscount Stairs; Lord Fountonhall; Lord Enstrather; Laird of Grant; Laird of Blackbarrony; Sir Patrick Murray

1. NRS, PC2/24, 46r.

2. NRS, PC2/24, 46r.

1. NRS, PC2/24, 46r.

2. NRS, PC2/24, 46r.

Procedure: committee, 29 March 1692, Edinburgh

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A1692/3/661

Procedure: committee

Comittee anent seamen

The Lords of there majestyes privie Councill nominates the Earle of Lothian the Lords Hattoun, Fountainhall and Enstruther and Sir Robert Sinclair of Steivenstoun and Sir Patrick Murray to be a comittee to meet anent the seamen and take course for furthering the Levie and consider what difficultyes occurr anent the same and take course of obviating thereof And declares any tuo of the above comittee to be a sufficient quourum

At Edinburgh 29 March 1692

A1692/3/661

Procedure: committee

Committee concerning seamen

The lords of their majesties’ privy council nominate the [Robert Kerr] earl of Lothian, [Sir John Lauder] lord Hatton, [Sir Robert Lauder] Lord Fountainhall [Sir William Anstruther] Lord Anstruther and Sir Robert Sinclair of Stevenston and Sir Patrick Murray to be a committee to meet concerning the seamen and take course for furthering the levy and consider what difficulties occur concerning the same and take course of obviating thereof, and they declare any two of the above committee to be a sufficient quorum.

1. PC1/48, 131.

1. PC1/48, 131.

Commission to the Council, 29 March 1692, Edinburgh

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A1692/3/651

Commission to the Council

Commision In favours of the Viscount of Tarbat to be Clerk of register

A Commission Wnder the Great seall In favours of George Viscount of Tarbatt to be Clerk to there majestyes Registers and Rolls Councill, sessione etc dureing there majestyes pleasure only daitted the third day of March instant wes read and ordained to be recorded in the Councill books being delyvered by the Earle of Leven to the Lord High Chancellour and receaved back from the said Lord Chancellour by the said Earle whereof the tenor followes Gullielmus et Maria Dei Gratia Magnae Brittanniae Franciae et Hyberniae Rex et Regina fideique defensores Omnibus probis hominibus ad quos praesentes literae nostrae pervenerint Salutem Quando quidem nobis abunde satisfactum est de exemiis animi dotibus et Facultatibus fidelissimi et dilectissimi nostri consanguinei et Conciliarii Georgii Vice comitis de Tarbatt Specialim vero quod ad munus et officium Registrorum et Rotulorum nostrorum Clerici in antiquo nostro Scotiae Regno obeundum aptissimus sitt et Idoneus Noveritis Igitur nos nominasse Constituisse et ordinasse Sicuti tenore presentium Nominamus Constituimus et ordinamus praefatum Georgium Vice comitem de Tarbatt (durante nostro duntaxit bene placito) nostrorum Registrorum Rotulorum nostri Concilii, Sessionis, et Scaccarii Necnon omnium Commissionum parliamentorum et ordinum conventuum in dicto nostro Regno Clericum Dando et Concedendo Illi Idem munus et officium (durante spatio antedicto) Cum omnibus honoribus dignitatibus privilegiis proficuis Immunitatibus et Casualitatibus quibuscunque eo Spectantibus Vel quae de Jure et praxi dicti nostri regni eo spectare dignoscentur Cum plena potestate et authoritate illi (durante nostro bene placito ut dictum est) Eligendi et2 Constituendi Clericos substitutos et deputatos in dictis officiis seu quavis ejusdem parte Idque ad vitam dictorum substitutorum et deputatorum qui eorum officiis Cum omnibus eorundem emolumentis durantibus omnibus eorum vitae diebus respective patientur Ordinamus denique et authoritatem Ipsi tribuimus omnia et singula facere et prestare de lege et praxi hujus nostri regni dicto officio Competentia Et perprius ab ipso aut quovis alio perprius in dicto officio Constituto prestita In Cujus Rei Testimonium presentibus Magnum Sigillum Nostrum appendi mandavimus Apud aulam nostram de Kensingtoun tertio die mensis Martis anno Domini Millesimo Sexcentesimo Nonogesimo Secundo et Regni nostri anno tertio Anno tertio per signaturam manu S: D: N: Regis supra scriptam Written on the back thus Written to the great seall and registrat the tuenty Eight day of March Jaj vjc and nyntie tuo years Sic subscribitur Will Kerr gratis Sealled at Edinburgh the tuenty eight day of March Jaj vjc and nyntie tuo years Sic subscribitur Alexander Inglis gratis

At Edinburgh 29 March 1692

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Commission to the Council

Commission in favour of the viscount of Tarbat to be clerk register

A commission under the great seal in favour of George [MacKenzie] viscount of Tarbat to be clerk to their majesties’ registers and rolls, council, session etc during their majesties’ pleasure only, dated the third day of March instant, was read and ordained to be recorded in the council books being delivered by the earl of Leven to the lord high chancellor and received back from the said lord chancellor by the said earl, whereof the tenor follows:
William and Mary by the grace of God king and queen of Great Britain, France and Ireland, and defenders of the faith, to all good men to whom our present letters will have come, greetings. Since it is satisfied abundantly to us concerning the exceptional qualities of character and the abilities of our most faithful and dear kinsman and councillor George viscount of Tarbat, especially indeed that he may be most fitted and suitable for performing the duty and office of clerk of our registers and rolls in our ancient kingdom of Scotland. Know therefore that we have nominated, constituted and ordained, just as by the tenor of the presents we nominate, constitute and ordain the foresaid George viscount of Tarbat (during our pleasure only) clerk of our registers and rolls of our council, session and exchequer, and also of all commissions of parliaments and of conventions of estates in our said kingdom, by giving and granting to him the same duty and office (during the aforesaid interval), with all honours, dignities, privileges, profits, immunities and casualties and whatsoever pertaining to it or what are known to pertain to it according to the law and practice of our said kingdom, with full power and authority to him (during our pleasure as is said) of choosing and appointing substitute and depute clerks in the said offices or any part of it. And that for the life of the said substitutes and deputes who are permitted to their offices with all their emoluments during all the days of their life respectively. Finally we ordain and hand over to himself the authority to do and to supply all and single things competent to the said office according to the law and practice of this our kingdom, and provided before by himself or whoever other appointed in the said office previously. In testimony whereof, we have ordered our Great Seal to be appended to the presents. At our court of Kensington on 3 March 1692, and in the third year of our reign the third year by the sign manual of our supreme lord the King above written.
Written on the back thus: written to the great seal and registered on the twenty-eighth day of March 1692: subscribed William Kerr gratis. Sealed at Edinburgh the twenty-eighth day of March 1692: subscribed Alexander Inglis gratis.

1. PC1/48, 130.

2. Inserted above the line.

1. PC1/48, 130.

Commission to the council, 29 March 1692, Edinburgh

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Att Edinburgh the Tuenty Nynth day off March Jaj vjc and Nyntie tuo years

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Commission to the council

Comissiones of Theasury and Exchequer

Two severall Commissiones under there Majestyes great seall the one Nominateing the Lords Commissioners of there majesties Theasurie and the other Nominateing the Lords of exchequer both daitted at Kensingtoun the third day of March instant were read in Councill and Imediatly taken up be Sir Thomas Moncreiff Clerk to the theasury and Exchequer

At Edinburgh 29 March 1692

A1692/3/641

Commission to the council

Commissions of treasury and exchequer

Two separate commissions under their majesties’ great seal, the one nominating the lords commissioners of their majesties treasury and the other nominating the lords of exchequer, both dated at Kensington the third day of March instant were read in council and immediately taken up by Sir Thomas Moncrief, clerk to the treasury and exchequer.

1. PC1/48, 129-30.

1. PC1/48, 129-30.

Order, 29 March 1692, Edinburgh

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Att Edinburgh the Tuenty Nynth day off March Jaj vjc and Nyntie tuo years

A1692/3/631

Order

Order to the Magistrats off Kirkaldie anent seamen

The Lords of there Majestyes privie Councill haveing Considered the List of Fourty fyve seamen given in be the Magistrats of Kirkaldie as volunteers taken on be them for there Majesties service in the fleet Royall And finding that these volunteers delay there comeing to Leith in order to there shipping upon pretence that by the proclamatione for Levyeing seamen There is six pence sterling allowed to each volunteer from the tyme of Listing himself And the councill haveing considered the proclamation with the Lord high Chancellours Letter written after the proclamatione to the Magistrats of Burghes They find there is no such allowance promised to them aither in the proclamatione or Letter And threfore they ordaine the Magistrats off Kirkaldie to bring over the forsaid number of Fourty fyve seamen Listed be them as volunteers to the toun of Leith the morrow befor Nyne acloack in the Morning at furthest as they will be ansuerable And in case any of the saids seamen shall refuse to give obedience hereto ordaines the Magistrats to secure there persones and send them over prisoners as deserters from there majestyes service

At Edinburgh 29 March 1692

A1692/3/631

Order

Order to the magistrates of Kirkaldy concerning seamen

The lords of their majesties’ privy council having considered the list of forty-five seamen given in by the magistrates of Kirkcaldy as volunteers taken on by them for their majesties’ service in the fleet royal and finding that these volunteers delay their coming to Leith in order to their shipping upon pretence that by the proclamation for levying seamen, there is six pence sterling allowed to each volunteer from the time of listing himself, and the council having considered the proclamation with the lord high chancellor’s letter written after the proclamation to the magistrates of burghs, they find there is no such allowance promised to them either in the proclamation or letter, and therefore they ordain the magistrates of Kirkcaldy to bring over the foresaid number of forty-five seamen listed by them as volunteers to the town of Leith tomorrow before nine o’clock in the morning at furthest as they will be answerable, and in case any of the said seamen shall refuse to give obedience hereto, ordain the magistrates to secure their persons and send them over prisoners as deserters from their majesties’ service.

1. PC1/48, 129.

1. PC1/48, 129.