Tag Archives: 3 December 1696

Act, 3 December 1696, Edinburgh

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Att Edinburgh the third day of December Jaj vic nyntie six yeirs

D1696/12/51

Act

Act Sinclair of Asserie anent executiones

Anent the petitione given in to the Lords of his majesties privie Counsell be George Sinclair of Assarie Shewing That in the actione of contraventione persewed befor ther Lordships at the petitioners instance against John Sinclair of Brymes Patrick Sinclair messenger maleversed in executeing of the saids Letters so that the petitioners witnesses was not examined nor the pairties mainlie complained upon Comitters and actors of the deeds of contravention Compeared not Wherby Assarie was ordained to pay Brymes wittnesses expenss who all deponed in his favoures contrair to the trwth And Assarie haveing cited the said partiall messenger before the Lord Lyons court for the said maleverse cannot prove the samen withot the process be sein and Lent owt to the lyon clerk to be considered by the Lord Lyons court exactlie that the trwth of the messengers maleverse may appeare and be fullie knowen and Assarie therby greatlie damnified and prejudged may be in eqwitie repaired according to Justice And therfor humblie craveing to the effect eftermentioned As the said petitione bears Which being this day red and considered be the saids Lords of privie Counsell They heirby allow the clerks of Counsell to Lend out to the Lyon clerk any coppies or executiones which are in the two within process submitted or beareing to be submitted to the above Patrick Sinclair messenger or any other pairt of the process which may instruct the said Patrick Sinclair his maleversatione

Att Edinburgh the third day of December Jaj vic nyntie six yeirs

D1696/12/51

Act

Act Sinclair of Asserie anent executiones

Anent the petitione given in to the Lords of his majesties privie Counsell be George Sinclair of Assarie Shewing That in the actione of contraventione persewed befor ther Lordships at the petitioners instance against John Sinclair of Brymes Patrick Sinclair messenger maleversed in executeing of the saids Letters so that the petitioners witnesses was not examined nor the pairties mainlie complained upon Comitters and actors of the deeds of contravention Compeared not Wherby Assarie was ordained to pay Brymes wittnesses expenss who all deponed in his favoures contrair to the trwth And Assarie haveing cited the said partiall messenger before the Lord Lyons court for the said maleverse cannot prove the samen withot the process be sein and Lent owt to the lyon clerk to be considered by the Lord Lyons court exactlie that the trwth of the messengers maleverse may appeare and be fullie knowen and Assarie therby greatlie damnified and prejudged may be in eqwitie repaired according to Justice And therfor humblie craveing to the effect eftermentioned As the said petitione bears Which being this day red and considered be the saids Lords of privie Counsell They heirby allow the clerks of Counsell to Lend out to the Lyon clerk any coppies or executiones which are in the two within process submitted or beareing to be submitted to the above Patrick Sinclair messenger or any other pairt of the process which may instruct the said Patrick Sinclair his maleversatione

1. NRS, PC2/26, 314r.

1. NRS, PC2/26, 314r.

Decreet, 3 December 1696, Edinburgh

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Att Edinburgh the third day of December Jaj vic nyntie six yeirs

D1696/12/41

Decreet

Decreit and Remitt Lady Glenbucket against her sone

Petitione The Lady Glenbwcket Read and haveing considered the Same with ther deliverance upon a former petitione at her instance The Counsell doe heirby add ane other Hundereth punds Scotts to the Hundereth punds formerlie modified be the Counsell to the petitioner upon the threttein day of October Last bypast makeing both togither ther Soume of Two Hundereth punds And decernes and ordaines […] Gordon of Glenbucket to make payment to the said petitioners of the said two Hundereth punds for her present aliment and Subsistance And ordaines Letters of horning on fiftein dayes to be direct heiron Against Glenbucket her son and others needfull under the Signet of Counsell And remitts to the Lords of Sessione to discuss the point of right in contraversie betuixt the petitioner and Mr Robert Burnet of Glenbervie and Mr Robert Irvine parson of Towie anent the dispositione made by her to them of her liferent And betuixt her said sone in whose persone the right of the said dispositione stands now transgerred and in the mean tyme Superceeds to give Sentence upon the point of ruot untill the point anent the dispositione remitted to the Lords of Sessione be discussed and determined

Att Edinburgh the third day of December Jaj vic nyntie six yeirs

D1696/12/41

Decreet

Decreit and Remitt Lady Glenbucket against her sone

Petitione The Lady Glenbwcket Read and haveing considered the Same with ther deliverance upon a former petitione at her instance The Counsell doe heirby add ane other Hundereth punds Scotts to the Hundereth punds formerlie modified be the Counsell to the petitioner upon the threttein day of October Last bypast makeing both togither ther Soume of Two Hundereth punds And decernes and ordaines […] Gordon of Glenbucket to make payment to the said petitioners of the said two Hundereth punds for her present aliment and Subsistance And ordaines Letters of horning on fiftein dayes to be direct heiron Against Glenbucket her son and others needfull under the Signet of Counsell And remitts to the Lords of Sessione to discuss the point of right in contraversie betuixt the petitioner and Mr Robert Burnet of Glenbervie and Mr Robert Irvine parson of Towie anent the dispositione made by her to them of her liferent And betuixt her said sone in whose persone the right of the said dispositione stands now transgerred and in the mean tyme Superceeds to give Sentence upon the point of ruot untill the point anent the dispositione remitted to the Lords of Sessione be discussed and determined

1. NRS, PC2/26, 313v.

1. NRS, PC2/26, 313v.

Sederunt, 3 December 1696, Edinburgh

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Att Edinburgh the third day of December Jaj vic nyntie six yeirs1

D1696/12/32

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Argyll; Earl of Morton; Earl of Lauderdale; Earl of Leven; Earl of Forfar; Lord Yester; Lord John Hamilton; Lord Belhaven; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Laird of Pollock; Laird of Blackbarrony; Proveist of Edinburgh

Att Edinburgh the third day of December Jaj vic nyntie six yeirs1

D1696/12/32

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Argyll; Earl of Morton; Earl of Lauderdale; Earl of Leven; Earl of Forfar; Lord Yester; Lord John Hamilton; Lord Belhaven; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Laird of Pollock; Laird of Blackbarrony; Proveist of Edinburgh

1. NRS, PC2/26, 313v.

2. NRS, PC2/26, 313v.

1. NRS, PC2/26, 313v.

2. NRS, PC2/26, 313v.

Warrant, 3 December 1696, Edinburgh

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Att Edinburgh the third day of December Jaj vic nyntie six years

A1696/12/121

Warrant

Warrand for a day in McIntoshes Act

The Lord high Chancelor having moved to the Lords of his Majesties privie Councill That in the Act at the Laird of McIntosh his instance against Mcdonald of Keppoch The first day of January is assigned to Collonell Hill and the officers of Fortwilliam to Export their diligence in executione therof And that that day may be too Short The saids Lords alloued the first day of Februarie to be insert instead of the first day of January And the Lord Chancelor Caused keep2 this Act and signed the same at the Councill board accordingly.

Att Edinburgh the third day of December Jaj vic nyntie six years

A1696/12/121

Warrant

Warrand for a day in McIntoshes Act

The Lord high Chancelor having moved to the Lords of his Majesties privie Councill That in the Act at the Laird of McIntosh his instance against Mcdonald of Keppoch The first day of January is assigned to Collonell Hill and the officers of Fortwilliam to Export their diligence in executione therof And that that day may be too Short The saids Lords alloued the first day of Februarie to be insert instead of the first day of January And the Lord Chancelor Caused keep2 this Act and signed the same at the Councill board accordingly.

1. NRS, PC1/51, 41.

2. Doubtful reading.

1. NRS, PC1/51, 41.

2. Doubtful reading.

Act, 3 December 1696, Edinburgh

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Att Edinburgh the third day of December Jaj vic nyntie six years

A1696/12/111

Act

Act Mr Robert Douglas to be steuart and Justiciar of Orkney

Anent the petition given in to the Lords of his Majesties privie Councill By Mr Robert Douglas Brother to the Earle of Mortoune Sheuing That the petitioner having taken a tack of the Croun rents of Orkney and Zetland from the Lords of his Majesties Thesaury and Exchequer It is necessary for the more effectuall Inbringing therof that he be authorized to exercise the office of steuartie and Justiciarie within these Isles and haill Bonds belonging therto as has usuallie been done to the former Tacksmen And their Lordships being in use to dispose upon these offices when requisite for the Intrest of these Concerned And therfore humblie Craving to the effect underwryten as the said petition Bears The saids Lords of his Majesties privie Councill having Considered the above petition given in to them by the said Mr Robert Douglas They heirby appoint and authorize the petitioner to be Steuart and Justiciar of Orkney and Zetland during the tyme of his Tack With pouer to him or his Deputs for whom he is to be ansuerable to sitt Fence Keep and hold Courts And to administrat Justice In all causes Civill and Criminall And to doe every other thing relating to that office such lyke and also freely In all respects as any former steuart and Justiciar did or might Laufullie have done.

Att Edinburgh the third day of December Jaj vic nyntie six years

A1696/12/111

Act

Act Mr Robert Douglas to be steuart and Justiciar of Orkney

Anent the petition given in to the Lords of his Majesties privie Councill By Mr Robert Douglas Brother to the Earle of Mortoune Sheuing That the petitioner having taken a tack of the Croun rents of Orkney and Zetland from the Lords of his Majesties Thesaury and Exchequer It is necessary for the more effectuall Inbringing therof that he be authorized to exercise the office of steuartie and Justiciarie within these Isles and haill Bonds belonging therto as has usuallie been done to the former Tacksmen And their Lordships being in use to dispose upon these offices when requisite for the Intrest of these Concerned And therfore humblie Craving to the effect underwryten as the said petition Bears The saids Lords of his Majesties privie Councill having Considered the above petition given in to them by the said Mr Robert Douglas They heirby appoint and authorize the petitioner to be Steuart and Justiciar of Orkney and Zetland during the tyme of his Tack With pouer to him or his Deputs for whom he is to be ansuerable to sitt Fence Keep and hold Courts And to administrat Justice In all causes Civill and Criminall And to doe every other thing relating to that office such lyke and also freely In all respects as any former steuart and Justiciar did or might Laufullie have done.

1. NRS, PC1/51, 40-1.

1. NRS, PC1/51, 40-1.

Procedure: remission, 3 December 1696, Edinburgh

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Att Edinburgh the third day of December Jaj vic nyntie six years

A1696/12/101

Procedure: remission

Remitt to the Lord Advocat anent report about witches

The Committee appointed for Considering the proces and report of the Commission for trying Janet Widdrow and Isobell Cochrane anent witchcraft having made a verball report That ther are some Informalities in this proces The Councill recommends to Sir James Steuart his Majesties advocat to advyse what shall be done with these Informalities And to report his opinions to the Councill.

Att Edinburgh the third day of December Jaj vic nyntie six years

A1696/12/101

Procedure: remission

Remitt to the Lord Advocat anent report about witches

The Committee appointed for Considering the proces and report of the Commission for trying Janet Widdrow and Isobell Cochrane anent witchcraft having made a verball report That ther are some Informalities in this proces The Councill recommends to Sir James Steuart his Majesties advocat to advyse what shall be done with these Informalities And to report his opinions to the Councill.

1. NRS, PC1/51, 40.

1. NRS, PC1/51, 40.

Proclamation, 3 December 1696, Edinburgh

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Att Edinburgh the third day of December Jaj vic nyntie six years

A1696/12/91

Proclamation

Proclamatione appointing the Commissioners of Supplie to be Justices of Peace

The Following proclamation Being read was votted approven and signed wherof the tenor folloues
William By the Grace of God King of Great Britain France and Ireland Defender of the Faith To […] Macers of our privy Council pursevants, Messengers at arms our Shireffs in that part Conjunctly and Severally specially Constitut Greeting Forasmuch as by the former proclamations Emitted by us with advice of the Lords of our privie Councill upon the Nynth and thretteenth of May Jaj vic nyntie tuo years We did authorize Declare and appoint the Commissioners of Supplie of the haill respective shires and steuartries within this Kingdome who had or should qualifie themselves according to Lau To be Justices of peace in the saids severall shires and steuartries And we taking into our Consideration how much the appointing of Justices of peace within all the saids shires and steuartries of this Kingdome and their due attending the discharge of the said dueties Doeth Contribute to the peace quiet and Good government of this our Kingdome and to the speedy and easie executione of Law and Justice to and upon all persons subjected to their Jurisdiction and pouer Therfore without prejudice of the forsaid former proclamations but for the furtherance of these ends We with advyce of the Lords of our privie Councill Declare appoint and authorize the Commissioners of Supplie for the respective shires and steuartries within this Kingdome named for the said Trust by the acts of parliament made anent the Supplie in the years Jaj vic nyntie and Jaj vic nyntie five And by the first act of the sixth session of this Current parliament dated the tuenty fifth of September last by past who have or shall qualifie themselves according to Lau to be Justices of peace in their saids respective shires and steuartries betwixt and the fifteenth day of January nixt to Come With pouer to them to Conveen doe and performe Everiething which to the said office and Trust of a Justice of peace is Competent and Knouen to be long by the severall Laus and acts of parliament made theranent and Instructions therin sett doune Our Will is Heirfore And we Charge yow strictly and Command That Incontinent these our letters seen ye pass to the Mercat Cross of Edinburgh and to the mercat Crosses of the remanent head burghs of the severall shires and steuartries of this our antient Kingdome And ther In our name and authority by open proclamation make Intimation of the premisses that none pretend ignorance Given under our signet at Edinburgh the third day of December and of our reigne the Eight year 1696 Sic subscribitur.

Att Edinburgh the third day of December Jaj vic nyntie six years

A1696/12/91

Proclamation

Proclamatione appointing the Commissioners of Supplie to be Justices of Peace

The Following proclamation Being read was votted approven and signed wherof the tenor folloues
William By the Grace of God King of Great Britain France and Ireland Defender of the Faith To […] Macers of our privy Council pursevants, Messengers at arms our Shireffs in that part Conjunctly and Severally specially Constitut Greeting Forasmuch as by the former proclamations Emitted by us with advice of the Lords of our privie Councill upon the Nynth and thretteenth of May Jaj vic nyntie tuo years We did authorize Declare and appoint the Commissioners of Supplie of the haill respective shires and steuartries within this Kingdome who had or should qualifie themselves according to Lau To be Justices of peace in the saids severall shires and steuartries And we taking into our Consideration how much the appointing of Justices of peace within all the saids shires and steuartries of this Kingdome and their due attending the discharge of the said dueties Doeth Contribute to the peace quiet and Good government of this our Kingdome and to the speedy and easie executione of Law and Justice to and upon all persons subjected to their Jurisdiction and pouer Therfore without prejudice of the forsaid former proclamations but for the furtherance of these ends We with advyce of the Lords of our privie Councill Declare appoint and authorize the Commissioners of Supplie for the respective shires and steuartries within this Kingdome named for the said Trust by the acts of parliament made anent the Supplie in the years Jaj vic nyntie and Jaj vic nyntie five And by the first act of the sixth session of this Current parliament dated the tuenty fifth of September last by past who have or shall qualifie themselves according to Lau to be Justices of peace in their saids respective shires and steuartries betwixt and the fifteenth day of January nixt to Come With pouer to them to Conveen doe and performe Everiething which to the said office and Trust of a Justice of peace is Competent and Knouen to be long by the severall Laus and acts of parliament made theranent and Instructions therin sett doune Our Will is Heirfore And we Charge yow strictly and Command That Incontinent these our letters seen ye pass to the Mercat Cross of Edinburgh and to the mercat Crosses of the remanent head burghs of the severall shires and steuartries of this our antient Kingdome And ther In our name and authority by open proclamation make Intimation of the premisses that none pretend ignorance Given under our signet at Edinburgh the third day of December and of our reigne the Eight year 1696 Sic subscribitur.

1. NRS, PC1/51, 39-40.

1. NRS, PC1/51, 39-40.

Proclamation, 3 December 1696, Edinburgh

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Att Edinburgh the third day of December Jaj vic nyntie six years

A1696/12/81

Proclamation

Proclamation for Adjurning the parliament

William By the Grace of God King of Great Britain France and Ireland Defender of the Faith
To Our Lyon King at armes and his Brethren Heraulds Macers of our privy Council pursevants, Messengers at arms our Shireffs in that part Conjunctly and Severally specially Constitut Greeting Forasmuch as by the last Act of the sixth Session of this our Current Parliament, dated the tuelfth day of October last by past our said parliament is adjurned to the Eight day of December instant And whereas the present state of our affairs does not require the meeting of our parliament so soon as the said day to which it was adjourned Therfore we with advice of the Lords of our privie Councill doe Continow the adjurnment from the said Eight day of December instant to the Eighteen day of March nixt to Come And being desirous to prevent the unnecessary trouble and charges that the Members of Parliament may be putt to by attending the said Eight day of December instant Doe heirby with advice foresaid adjurne our said Current Parliament untill the said Eighteenth day of March nixt ensuing the date hereof Requiring all the Members of our said parliament to attend that day in the usuall way and under the Certifications contained in the several acts of parliament made thereanent Our Will is Heirfore and we charge yow strictly and Command That Incontinent these our letters seen ye pass to the Mercat Cross of Edinburgh and to the mercat Crosses of the remanent head burghs of the severall shires and steuartries of this our antient Kingdome And ther by open proclamation make Intimation that our said parliament is adjurned to the said Eighteenth day of March next to Come And ordaines these presents to be printed Given under our Signet at Edinburgh the third day of December and of our reigne the eight year 1696 sic subscribitur.

Att Edinburgh the third day of December Jaj vic nyntie six years

A1696/12/81

Proclamation

Proclamation for Adjurning the parliament

William By the Grace of God King of Great Britain France and Ireland Defender of the Faith
To Our Lyon King at armes and his Brethren Heraulds Macers of our privy Council pursevants, Messengers at arms our Shireffs in that part Conjunctly and Severally specially Constitut Greeting Forasmuch as by the last Act of the sixth Session of this our Current Parliament, dated the tuelfth day of October last by past our said parliament is adjurned to the Eight day of December instant And whereas the present state of our affairs does not require the meeting of our parliament so soon as the said day to which it was adjourned Therfore we with advice of the Lords of our privie Councill doe Continow the adjurnment from the said Eight day of December instant to the Eighteen day of March nixt to Come And being desirous to prevent the unnecessary trouble and charges that the Members of Parliament may be putt to by attending the said Eight day of December instant Doe heirby with advice foresaid adjurne our said Current Parliament untill the said Eighteenth day of March nixt ensuing the date hereof Requiring all the Members of our said parliament to attend that day in the usuall way and under the Certifications contained in the several acts of parliament made thereanent Our Will is Heirfore and we charge yow strictly and Command That Incontinent these our letters seen ye pass to the Mercat Cross of Edinburgh and to the mercat Crosses of the remanent head burghs of the severall shires and steuartries of this our antient Kingdome And ther by open proclamation make Intimation that our said parliament is adjurned to the said Eighteenth day of March next to Come And ordaines these presents to be printed Given under our Signet at Edinburgh the third day of December and of our reigne the eight year 1696 sic subscribitur.

1. NRS, PC1/51, 38-9.

1. NRS, PC1/51, 38-9.

Letter: royal, 3 December 1696, Edinburgh

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Att Edinburgh the third day of December Jaj vic nyntie six years

A1696/12/71

Letter: royal

Letter from the King for adjurning the parliament

The Letter underwryten Direct from his Majestie to his privy Councill for adjurning the parliament Being read was ordered to be receaved wherof the tenor folloues
Sic Suprascribitur William Rex
Right Trustie and Right well Beloved Councelor Right Trustie and Entirely Beloved Cousin and Councelor Right trustie and right well Beloved Cousins and Councelors Right trustie and well Beloved Cousins and Councelors Right trustie and well Beloved Councelors And Trustie and well Beloved Councelors We Greet yow well Wheras our parliament of that our Kingdome by the Last Act of the Last Session therof stands adjurned till the Eight day of December next And the present state of their affairs not requiring their meeting so soon We have therfore thought fitt And doe heirby authorize and requyre yow to Issue furth a proclamation in our name for the further adjournment of that our parliament till the Eighteenth day of March next ensuing the date of these presents And ordaining all the members therof to attend that day in the usuall way and upon the accustomed Certifications For doing wherof this shall be your warrand And so we bid yow heartily Farewell Given att our Court at Kensingtoune the tuenty sixth day of November 1696 and of our Reigne the Eight year By his Majesties Command sic subscribitur James Ogilvie.
A proclamation being Imediately prepared in the terms of the above letter Being read was votted approven and signed wherof the tenor folloues

Att Edinburgh the third day of December Jaj vic nyntie six years

A1696/12/71

Letter: royal

Letter from the King for adjurning the parliament

The Letter underwryten Direct from his Majestie to his privy Councill for adjurning the parliament Being read was ordered to be receaved wherof the tenor folloues
Sic Suprascribitur William Rex
Right Trustie and Right well Beloved Councelor Right Trustie and Entirely Beloved Cousin and Councelor Right trustie and right well Beloved Cousins and Councelors Right trustie and well Beloved Cousins and Councelors Right trustie and well Beloved Councelors And Trustie and well Beloved Councelors We Greet yow well Wheras our parliament of that our Kingdome by the Last Act of the Last Session therof stands adjurned till the Eight day of December next And the present state of their affairs not requiring their meeting so soon We have therfore thought fitt And doe heirby authorize and requyre yow to Issue furth a proclamation in our name for the further adjournment of that our parliament till the Eighteenth day of March next ensuing the date of these presents And ordaining all the members therof to attend that day in the usuall way and upon the accustomed Certifications For doing wherof this shall be your warrand And so we bid yow heartily Farewell Given att our Court at Kensingtoune the tuenty sixth day of November 1696 and of our Reigne the Eight year By his Majesties Command sic subscribitur James Ogilvie.
A proclamation being Imediately prepared in the terms of the above letter Being read was votted approven and signed wherof the tenor folloues

1. NRS, PC1/51, 38.

1. NRS, PC1/51, 38.

Sederunt, 3 December 1696, Edinburgh

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Att Edinburgh the third day of December Jaj vic nyntie six years1

A1696/12/62

Sederunt

Lord Chancelor; Earl of Melvill; Duke of Queensberry; Earl of Argyll; Earl of Mortoun; Earl of Lauderdale; Earl of Leven; Earl of Forfar; Lord Yester; Lord John Hamilton; Lord Beilhaven; Lord Carmichaell; Lord Ruthven; Lord Advocat; Lord Philiphaugh; Lord Halcraig; Lord Anstruther; Lord Rankeilor; Laird of Pollock; Laird of Blackbarrony; Provost of Edinburgh

Att Edinburgh the third day of December Jaj vic nyntie six years1

A1696/12/62

Sederunt

Lord Chancelor; Earl of Melvill; Duke of Queensberry; Earl of Argyll; Earl of Mortoun; Earl of Lauderdale; Earl of Leven; Earl of Forfar; Lord Yester; Lord John Hamilton; Lord Beilhaven; Lord Carmichaell; Lord Ruthven; Lord Advocat; Lord Philiphaugh; Lord Halcraig; Lord Anstruther; Lord Rankeilor; Laird of Pollock; Laird of Blackbarrony; Provost of Edinburgh

1. NRS, PC1/51, 38.

2. NRS, PC1/51, 38.

1. NRS, PC1/51, 38.

2. NRS, PC1/51, 38.