Tag Archives: 3 March 1692

Order, 3 March 1692, Edinburgh

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Att Edinburgh the Thrid day of March Jaj vjc nyntie two years

D1692/3/121

Order

Sist executione on bills of Suspensiones

The Lords sists executione upon all bills of suspension presently Lying in the hands of the Clerks of Council at the instance of and against the persones afternamed untill the said bill be read and aither past be the saids Lords or interloquitor pronunced therin viz bill of sups: Margrat Rosper against the Viscount of Kenmiur, and her Chamberland, Bill of Suspensione Mr Robert Jousie against Mr William Boyd, Bill of Suspensione the heritors of Foveraigne against the Colledge of Aberdein Bill of Suspension Androw Brown of Dolphingtoune against James and Mary Donaldsones, Bill of Suspensione Cuthbertsone against Sir Patrick Murray and allowes the chargers in the mean tyme to see and ansuer such of the saids bills of Suspensione as ther are not ansuers allready given in to.

Att Edinburgh the Thrid day of March Jaj vjc nyntie two years

D1692/3/121

Order

Sist executione on bills of Suspensiones

The Lords sists executione upon all bills of suspension presently Lying in the hands of the Clerks of Council at the instance of and against the persones afternamed untill the said bill be read and aither past be the saids Lords or interloquitor pronunced therin viz bill of sups: Margrat Rosper against the Viscount of Kenmiur, and her Chamberland, Bill of Suspensione Mr Robert Jousie against Mr William Boyd, Bill of Suspensione the heritors of Foveraigne against the Colledge of Aberdein Bill of Suspension Androw Brown of Dolphingtoune against James and Mary Donaldsones, Bill of Suspensione Cuthbertsone against Sir Patrick Murray and allowes the chargers in the mean tyme to see and ansuer such of the saids bills of Suspensione as ther are not ansuers allready given in to.

1. NRS, PC2/24, 38v.

1. NRS, PC2/24, 38v.

Decreet, 3 March 1692, Edinburgh

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D1692/3/111

Decreet

[Bill of Suspension against Mr Robert Skeen]

Bill of Suspensione The heritors of Dunsyre Against Mr Robert Skeen and ansuers be Skeen read, And Refused the suspension and preferred the said Mr Robert Skeen

Att Edinburgh the Thrid day of March Jaj vjc nyntie two years

D1692/3/111

Decreet

[Bill of Suspension against Mr Robert Skeen]

Bill of Suspensione The heritors of Dunsyre Against Mr Robert Skeen and ansuers be Skeen read, And Refused the suspension and preferred the said Mr Robert Skeen

1. NRS, PC2/24, 38r.

1. NRS, PC2/24, 38r.

Act, 3 March 1692, Edinburgh

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Att Edinburgh the Thrid day of March Jaj vjc nyntie two years

D1692/3/101

Act

Act The Countesses of Rothes and Weymes and other heritors of the parishin of Auchterderren

Anent the Complaint raised and persewed before the Lords of their majesties privy Councill at the instance of Margrat Countes of Rothes, Margrat Countes of Weymes and others of the heritors and elders of the parochin of Auchterderran Shewing That quher by the thretie thrid act of the second session of his majesties Current parliament It is statute and Ordained that in caise of the vaccancie of any particular church The heritors and elders of thee parish are to name and Chuise the person who shall be their minister, and in caise of ane debate or Competitione, The presbytrie is to moderat and determine in the Call notwithstanding wherof […] Laird of Balmoutto and […] Laird of Kinnimounth In manifast contempt and Disobedience of the said act of Parliament intend to thrust in upon the Persewars to the paroch Church of Auchterderren one […] Young sometyme minister in Culross without any legall call from the pluralitie of the heritors and elders of the paroch which is necessarly Requyred by act of Parliament, Bot meerly of themselves without Concurrance of the elders that of late have been legally Choisen and constitute In order to the giveing of a Call to a minister, and without Consent of the heritors of the Paroch, or if their be any of those that goes allongst with them they are bot few and inconsiderable, And not only so informall and Illegall is any call given (Raither to be called a violent Imputeing then a Call) Bot the persone to whom the saids two gentlemen pretends to give a Call is altogither incapable of receiveing any seing at present he Lyes under a Sentance of Diprivatione by the saids Lords thir act of Councill for not giveing obedience to the sixteinth act of the estates of this kingdome appoynting publict prayers to be made for their Majesties, Bot the violent actings of the two persones not to be remeeded by the Presbytrie from Which they take no rules are only to be restrained and stop put therto by the saids Lords And Therfore humbly Craveing the saids Lords of Privy Councill by their authoritie to put a stopt to the violent procedur in that call, Bot give order that the same be done orderly according to the present established Lawes with Consent of the petitioners The heritors and elders legally constitute in that parish And that in the mean tyme tyme2 the keyes of the Church might be ordained to be delivered up to the presbytrie (who only can supply the Church dureing the vacancie) and who are to moderat in any call that can be formally given The saids Lord of his majesties privy Councill have by ane act appoynted the above Lairds of Balmonto and Kininmouth to be cited in maner and to the effect aftermentioned And Anent the charge given to the said defenders to have Compeired before the saids Lords of Privy Councill at ane certaine day bygone To have ansuered to the points of the above petition And to have heard and seen such order and Course taken theranent as the saids Lords should think Just as at more leanth is Contained in the forsaid complaint and executiones therof. Which being this day called in presence of the saids Lords of Privy Councill And the persewars Compeiring be James Stewart senior advocat their procurator And David Bosswall of Balmoutto one of the said defenders Compeiring personally with Sir David Thores advocat his procurator And the above […] Kinnimounth of that ilk defender being absent called and not compeiring. The saids letters or Lybel being read And the Earles of Crafurd and Leven who ware Declyned by the defenders In Respect of their relatione by consanguity or affinitie to the pursuars haveing removed and both parties advocats being fully heard They Grant Certificatione against the Laird of Kininmounth for not compeiring And Ordaines letters of Denunciatione to be direct to messengers at armes to pass to the marcat cross of […] And ther in their Majesties name and authoritie Denunce the said […] Kininmounth his majesties Rebell And Ordaine all his moveable goods and geir to be escheat and inbrought to his majesties use for his contemption and Disobedience, And the saids Lords Allowes the pursuars to raise ane additionall Lybell against the defenders and assignes tusday nixt being the Eight instant to be the day of Compeirance in the said Lybell and Continues the dyet til that day.

Att Edinburgh the Thrid day of March Jaj vjc nyntie two years

D1692/3/101

Act

Act The Countesses of Rothes and Weymes and other heritors of the parishin of Auchterderren

Anent the Complaint raised and persewed before the Lords of their majesties privy Councill at the instance of Margrat Countes of Rothes, Margrat Countes of Weymes and others of the heritors and elders of the parochin of Auchterderran Shewing That quher by the thretie thrid act of the second session of his majesties Current parliament It is statute and Ordained that in caise of the vaccancie of any particular church The heritors and elders of thee parish are to name and Chuise the person who shall be their minister, and in caise of ane debate or Competitione, The presbytrie is to moderat and determine in the Call notwithstanding wherof […] Laird of Balmoutto and […] Laird of Kinnimounth In manifast contempt and Disobedience of the said act of Parliament intend to thrust in upon the Persewars to the paroch Church of Auchterderren one […] Young sometyme minister in Culross without any legall call from the pluralitie of the heritors and elders of the paroch which is necessarly Requyred by act of Parliament, Bot meerly of themselves without Concurrance of the elders that of late have been legally Choisen and constitute In order to the giveing of a Call to a minister, and without Consent of the heritors of the Paroch, or if their be any of those that goes allongst with them they are bot few and inconsiderable, And not only so informall and Illegall is any call given (Raither to be called a violent Imputeing then a Call) Bot the persone to whom the saids two gentlemen pretends to give a Call is altogither incapable of receiveing any seing at present he Lyes under a Sentance of Diprivatione by the saids Lords thir act of Councill for not giveing obedience to the sixteinth act of the estates of this kingdome appoynting publict prayers to be made for their Majesties, Bot the violent actings of the two persones not to be remeeded by the Presbytrie from Which they take no rules are only to be restrained and stop put therto by the saids Lords And Therfore humbly Craveing the saids Lords of Privy Councill by their authoritie to put a stopt to the violent procedur in that call, Bot give order that the same be done orderly according to the present established Lawes with Consent of the petitioners The heritors and elders legally constitute in that parish And that in the mean tyme tyme2 the keyes of the Church might be ordained to be delivered up to the presbytrie (who only can supply the Church dureing the vacancie) and who are to moderat in any call that can be formally given The saids Lord of his majesties privy Councill have by ane act appoynted the above Lairds of Balmonto and Kininmouth to be cited in maner and to the effect aftermentioned And Anent the charge given to the said defenders to have Compeired before the saids Lords of Privy Councill at ane certaine day bygone To have ansuered to the points of the above petition And to have heard and seen such order and Course taken theranent as the saids Lords should think Just as at more leanth is Contained in the forsaid complaint and executiones therof. Which being this day called in presence of the saids Lords of Privy Councill And the persewars Compeiring be James Stewart senior advocat their procurator And David Bosswall of Balmoutto one of the said defenders Compeiring personally with Sir David Thores advocat his procurator And the above […] Kinnimounth of that ilk defender being absent called and not compeiring. The saids letters or Lybel being read And the Earles of Crafurd and Leven who ware Declyned by the defenders In Respect of their relatione by consanguity or affinitie to the pursuars haveing removed and both parties advocats being fully heard They Grant Certificatione against the Laird of Kininmounth for not compeiring And Ordaines letters of Denunciatione to be direct to messengers at armes to pass to the marcat cross of […] And ther in their Majesties name and authoritie Denunce the said […] Kininmounth his majesties Rebell And Ordaine all his moveable goods and geir to be escheat and inbrought to his majesties use for his contemption and Disobedience, And the saids Lords Allowes the pursuars to raise ane additionall Lybell against the defenders and assignes tusday nixt being the Eight instant to be the day of Compeirance in the said Lybell and Continues the dyet til that day.

1. NRS, PC2/24, 37v-38r.

2. Sic.

1. NRS, PC2/24, 37v-38r.

2. Sic.

Commission by the Council, 3 March 1692, Edinburgh

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Att Edinburgh the Thrid day of March Jaj vjc nyntie two years

D1692/3/91

Commission by the Council

Commission To Robert 2 Smart3 to be baillie depute of Musleburgh

Anent the Petition given in to the Lord of their majesties Privy Councill be John Lord Hay of Yester for himself and in name and behalf of and as administrator to John William Anna and Jean Hayes his Children and others the Adjudgers of the Lordship and Regalitie of Musleburgh Shewing That wher the saids John William, Anna and Jean Hayes haveing adjudged frae the deceast Charles Earle of Lauderdale, The Lordship and Regalitie of Muslburgh and other lands therin contained, And therupon they being publictly infeft and throw the decease of the said Earle and the absence of the present Earle of Lauderdale who is not yet entered to his father or uncle There being no Baillie legallie authorized to act in that statione within the said Regalitie, The Commission to him who last officiat being expyred throw the Earles decease And this tending much to the disadvantage not only of the petitioners and of the other adjudgers of this Lordships and Regalitie Bot Lykewayes to the prejudice of the haill vassalls and inhabitants within the same they have thought fit therfore to Represent the same to their Lordships To the effect that till the present Earle of Lauderdale by entering air may be in a legall Capacitie to Imput a Baillie within the saids bounds, That their Lordships media Tempore might authorize a fitt and qualified person to exerce the office of Baillie be vertue of a Commission from their Lordships And seing that Robert Smart burges of Musleburgh and one of the present Councellors of that burgh haveing been for severall years intrusted by the late Earle to act as his Baillie depute in that Regallitie and is knowen to be a person suficiently qualified for that effect, The petitioners haveing therfore taken upon them to offer him to their Lordships That if the saids Lords should think fitt, He might be authorized and Impowred to the end forsaid And Therfore humbly Craveing the saids Lords in Consideration of the premisses, And that the said Robert Smart was formerly intrusted by the late Earle And that the petitioners does Consider him as a persone suficiently qualified to exerce in that statione, That therfore their Lordships by their act and deliverance therupon would Impower and authorize the said Robert Smart dureing their pleasure to act as Baillie depute in the said regalitie or untill such tyme as their be one legally Constitut by the Lord of the Regalitie, And In Regaird that my Lord Hatton is one of their oun number, And is Lykewayes the nearest relation of the familly and to the effect that his concourse might be know’n in the said application, That if the saids Lords thought fitt they would Recomend to the said Lord Hatton to take the said Robert Smeith his oath in order to his being qualified by law, to exerce in the said statione as aforsaid as the said Petitione bears The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above Lord Yester They heirby authorize and Impower the above Robert Smart to act and officiat as baillie depute within the Lordship and Regalitie of Muslburgh sicklyke and alse freely in all respects as any baillie depute within any other Lordship or Regalitie in this kingdome Does or may Lawfullie doe and that any and whill this present Commission be recalled be the saids Lords or untill such tyme as ther be a baillie depute legally constitute by the Lord of the regalitie And Recomends to Sir John Lauder of Hatton one of the senators of the Colledge of Justice who is the nearest relatione of the familly of Lauderdale to administer the oath of alledgance to the said Robert Smart, And to heear and see him swear and signe the same, And also to see the said Robert signe the Certificat and assurance to their majesties King William and Queen Mary appointed by act of Parliament. That so he may be qualified to exerce the forsaid office in the termes of law

Att Edinburgh the Thrid day of March Jaj vjc nyntie two years

D1692/3/91

Commission by the Council

Commission To Robert 2 Smart3 to be baillie depute of Musleburgh

Anent the Petition given in to the Lord of their majesties Privy Councill be John Lord Hay of Yester for himself and in name and behalf of and as administrator to John William Anna and Jean Hayes his Children and others the Adjudgers of the Lordship and Regalitie of Musleburgh Shewing That wher the saids John William, Anna and Jean Hayes haveing adjudged frae the deceast Charles Earle of Lauderdale, The Lordship and Regalitie of Muslburgh and other lands therin contained, And therupon they being publictly infeft and throw the decease of the said Earle and the absence of the present Earle of Lauderdale who is not yet entered to his father or uncle There being no Baillie legallie authorized to act in that statione within the said Regalitie, The Commission to him who last officiat being expyred throw the Earles decease And this tending much to the disadvantage not only of the petitioners and of the other adjudgers of this Lordships and Regalitie Bot Lykewayes to the prejudice of the haill vassalls and inhabitants within the same they have thought fit therfore to Represent the same to their Lordships To the effect that till the present Earle of Lauderdale by entering air may be in a legall Capacitie to Imput a Baillie within the saids bounds, That their Lordships media Tempore might authorize a fitt and qualified person to exerce the office of Baillie be vertue of a Commission from their Lordships And seing that Robert Smart burges of Musleburgh and one of the present Councellors of that burgh haveing been for severall years intrusted by the late Earle to act as his Baillie depute in that Regallitie and is knowen to be a person suficiently qualified for that effect, The petitioners haveing therfore taken upon them to offer him to their Lordships That if the saids Lords should think fitt, He might be authorized and Impowred to the end forsaid And Therfore humbly Craveing the saids Lords in Consideration of the premisses, And that the said Robert Smart was formerly intrusted by the late Earle And that the petitioners does Consider him as a persone suficiently qualified to exerce in that statione, That therfore their Lordships by their act and deliverance therupon would Impower and authorize the said Robert Smart dureing their pleasure to act as Baillie depute in the said regalitie or untill such tyme as their be one legally Constitut by the Lord of the Regalitie, And In Regaird that my Lord Hatton is one of their oun number, And is Lykewayes the nearest relation of the familly and to the effect that his concourse might be know’n in the said application, That if the saids Lords thought fitt they would Recomend to the said Lord Hatton to take the said Robert Smeith his oath in order to his being qualified by law, to exerce in the said statione as aforsaid as the said Petitione bears The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above Lord Yester They heirby authorize and Impower the above Robert Smart to act and officiat as baillie depute within the Lordship and Regalitie of Muslburgh sicklyke and alse freely in all respects as any baillie depute within any other Lordship or Regalitie in this kingdome Does or may Lawfullie doe and that any and whill this present Commission be recalled be the saids Lords or untill such tyme as ther be a baillie depute legally constitute by the Lord of the regalitie And Recomends to Sir John Lauder of Hatton one of the senators of the Colledge of Justice who is the nearest relatione of the familly of Lauderdale to administer the oath of alledgance to the said Robert Smart, And to heear and see him swear and signe the same, And also to see the said Robert signe the Certificat and assurance to their majesties King William and Queen Mary appointed by act of Parliament. That so he may be qualified to exerce the forsaid office in the termes of law

1. NRS, PC2/24, 36v-37r.

2. The word ‘Stark’ scored out here.

3. Insertion.

1. NRS, PC2/24, 36v-37r.

2. The word ‘Stark’ scored out here.

3. Insertion.

Sederunt, 3 March 1692, Edinburgh

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Att Edinburgh the Thrid day of March Jaj vjc nyntie two years1

D1692/3/82

Sederunt

Lord Chancelor; Marquis of Douglas; Earl of Crawfurd; Earl of Mortone; Earl of Lothian; Earl of Leven; Viscount Stair; Lord Raith; Lord Ruthven; Lord Polwarth; Master of Burlie; Lord Aberuchell; Lord Fontonhall; Laird of Leyes; Laird of Brodie

Att Edinburgh the Thrid day of March Jaj vjc nyntie two years1

D1692/3/82

Sederunt

Lord Chancelor; Marquis of Douglas; Earl of Crawfurd; Earl of Mortone; Earl of Lothian; Earl of Leven; Viscount Stair; Lord Raith; Lord Ruthven; Lord Polwarth; Master of Burlie; Lord Aberuchell; Lord Fontonhall; Laird of Leyes; Laird of Brodie

1. NRS, PC2/24, 36v.

2. NRS, PC2/24, 36v.

1. NRS, PC2/24, 36v.

2. NRS, PC2/24, 36v.

Act, 3 March 1692, Edinburgh

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Att Edinburgh The Third Day off March Jaj vjc and Nyntie tuo years

A1692/3/181

Act

Act Mr William Speed Anent stipend

Anent the petitione given in to the Lords of there Majestyes privie Counsell be Mr William Speed Late minister of Ednem Shewing That whereas the petitioner haveing Lately Made applicatione to there Lordships humbly craveing the last years stipend of the year Jaj vjc and Nyntie one of the paroch of Clossburne being vacant for the supplie of the petitioners poor Indigent family There Lordships were pleased graciously to allow the petitioner the said years stipend of the said church of Clossburne But In regaird there is aneother church viz Dalgarno annexed thereto To make up the stipend of the paroch of Clossburne And the said Church of Dalgarno not being mentioned in the supplicants former petitione for want of Informatione The petitioner being a stranger in these bounds Therefor for obviateing all mistakes and objectiones the petitioner may meet with By reasone of the neglect of expressing the said church of Dalgarno in the former petitione and for preventing any Loss he may sustain thereby And therefore craveing that there Lordships would be pleased to renew the act in favours of the poor petitioner for the forsaid vacant stipend of Clossburne and Dalgarno as annexed in one And as the samen wes formerly granted by the saids Lords to Mr James Glendining Late Minister of Traquair As the said petitione bears The saids Lords of there Majesties privie Counsell haveing considered this petitione given in to them be the above Mr William Speed They allow to the petitioner the stipend of Clossburne and Dalgardno as annexed in ane for the year Jaj vjc and Nyntie one And appoints the Interloquitor In favours of the petitioner of the date the sixteent day of Februarij last to be helped in thir termes and the clerks of Counsell to give out extract accordingly of that date

At Edinburgh 3 March 1692

A1692/3/181

Act

Act for Mr William Speed concerning stipend

Concerning the petition given in to the lords of their majesties’ privy council by Mr William Speed late minister of Ednam, showing that whereas the petitioner having lately made application to their lordships humbly craving the last year’s stipend of the year 1691 of the parish of Closeburn being vacant for the supply of the petitioner’s poor indigent family, their lordships were pleased graciously to allow the petitioner the said year’s stipend of the said church of Closeburn. But in regard there is another church, viz Dalgarnock annexed thereto to make up the stipend of the parish of Closeburn, and the said church of Dalgarnock not being mentioned in the supplicant’s former petition for want of information, the petitioner being a stranger in these bounds, therefor for obviating all mistakes and objections the petitioner may meet with by reason of the neglect of expressing the said church of Dalgarnock in the former petition and for preventing any loss he may sustain thereby, and therefore craving that their lordships would be pleased to renew the act in favour of the poor petitioner for the foresaid vacant stipend of Closeburn and Dalgarnock as annexed in one, and as the same was formerly granted by the said lords to Mr James Glendinning, late minister of Troqueer as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above Mr William Speed, they allow to the petitioner the stipend of Closeburn and Dalgarnock as annexed in one for the year 1691, and appoint the interlocutor in favour of the petitioner of the date the sixteenth day of February last to be helped in these terms and the clerks of council to give out extract accordingly of that date.

1. PC1/48, 98-9.

1. PC1/48, 98-9.

Act, 3 March 1692, Edinburgh

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Att Edinburgh The Third Day off March Jaj vjc and Nyntie tuo years

A1692/3/171

Act

Act Heretors of Kirkoan for stipend

Anent the petitione given in to the Lords of there Majestyes privie Counsell be David Gordon of Barnernie for himself and in name and behalf of the remanent heretors and others Inhabitants within the paroch of Kirkoan in Galloway Shewing That where the said kirk being these tuo years bygone vacant for the years Jaj vjc and Nyntie and Jaj vjc and Nyntie one And one of the kirks whereof there Majestyes are patrones And the water of Tarff divydeing not only the one half of the paroch from the said kirk whereby most ordinarly the pariochers Loses verie oft the benefite of sermone at the said kirk And from Drumfreiss to Portpatrick travellers have no other passadge But throw the said water whereby severall travellers hes been necessitat to stay there Journey whill the spaitt of the said water should ruwne out Remaining unpassable severall tymes for four dayes together which the building of a litle bridge upon the said water would remeid and accomodate both travellers and pariochiners And the said kirk of Kirkoan and the manse being in a badd and ruinous conditione And sieing by the late act of parliament vacand stipends are appointed to disposed upon for pious uses And sieing better and more pious uses cannot be then building of such a necessar bridge Repairing the kirk and Rebuilding the Ministers Manse in the termes of a testificat procured from the presbitry of Wigtoun Declareing the necessity and Conveniencie of both And therefore Craveing to the effect underwreitten As the said petitione bears The saids Lords of there Majestyes privie Counsell haveing Considered this petitione Given in to them be the above heretors of the paroch of Kirkoane with the testificat mentioned therein and produced therewith They hereby allow to the petitioners the stipend of the above kirk of Kirkoan for the haill cropts and years of God Jaj vjc and Nyntie and Jaj vjc and Nyntie one for building ane bridge upon the water of Tarff and repairing of the said kirk and rebuilding of the manse of the said parch And nominates and appoints the said David Gordone of Barnernie to be factor for uplifting of the saids tuo years stipend And ordaines the said factor to be readiely ansuered obeyed and payed thereof be the heretors fewers wodsetters and others Lyable in payment of the samen And ordaines Letters of horning at his instance againest them for that effect he produceing adecreet of Locality And in case there be none ordaines these Lyable to make payment to the said factor of there respective proportiones of the said tuo years stipend according as the samen shall be decerned be the Judge ordinary The said factors alwayes befor extracting hereof first first finding sufficient Cautione acted in the books of privie Counsell that he shall Imploy the forsaid tuo years stipend upon the building of ane bridge upon the said water of Tarff and remaining of the Kirk and rebuilding of the Manse of the said paroch of Kirkoan

At Edinburgh 3 March 1692

A1692/3/171

Act

Act for the heritors of Kirkcowan for stipend

Concerning the petition given in to the lords of their majesties’ privy council by David Gordon of Barnernie for himself and in name and behalf of the remaining heritors and other inhabitants within the parish of Kirkcowan in Galloway, showing that where the said kirk being these two years bygone vacant for the years 1690 and 1691 and one of the kirks whereof their majesties’ are patrons and the water of Tarf dividing not only the one half of the parish from the said kirk whereby most ordinarily the parishioners loses very often the benefit of sermon at the said kirk, and from Dumfries to Portpatrick travellers have no other passage but through the said water whereby several travellers have been forced to stay their journey until the spate of the said water should run out, remaining unpassable several times for four days together which the building of a little bridge upon the said water would remedy and accommodate both travellers and parishioners, and the said kirk of Kirkcowan and the manse being in a bad and ruinous condition, and seeing by the late act of parliament vacant stipends are appointed to disposed upon for pious uses, and seeing better and more pious uses cannot be than building of such a necessary bridge, repairing the kirk and rebuilding the minister’s manse in the terms of a document procured from the presbytery of Wigtown declaring the necessity and convenience of both, and therefore craving to the effect underwritten, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above heritors of the parish of Kirkcowan with the document mentioned therein and produced therewith, they hereby allow to the petitioners the stipend of the above kirk of Kirkcowan for the whole crops and years of God 1690 and 1691 for building a bridge upon the water of Tarf and repairing of the said kirk and rebuilding of the manse of the said parish, and nominate and appoint the said David Gordon of Barnernie to be factor for uplifting of the said two years’ stipend, and they ordain the said factor to be readily answered, obeyed and paid thereof by the heritors, feuars, wadsetters and others liable in payment of the same, and they ordain letters of horning at his instance against them for that effect, he producing a decreet of locality, and in case there be none they ordain those liable to make payment to the said factor of their respective proportions of the said two years’ stipend according as the same shall be decerned by the judge ordinary, the said factors always before extracting hereof first finding sufficient caution acted in the books of privy council that he shall employ the foresaid two years’ stipend upon the building of a bridge upon the said water of Tarf and repairing of the kirk and rebuilding of the manse of the said parish of Kirkcowan.

1. PC1/48, 97-8.

1. PC1/48, 97-8.

Act, 3 March 1692, Edinburgh

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Att Edinburgh The Third Day off March Jaj vjc and Nyntie tuo years

A1692/3/161

Act

Act Heretors of Tareagles for stipend

Anent the petitione given in to the Lords of there Majesties privie Counsell be James Wright of Jardingtoun and William Welsch of Collachan for themselves and in name and behalf of the remanent heretors within the pariochine of Tarreagles Shewing That the Church of Tarreagles hath been vacant the last half of the Cropt and year of God Jaj vjc and nyntie and haill year Jaj vjc and nyntie one And so the stipend there of is at there Lordships disposeall for the said space for pious uses within the said parch Likeas the presbitry of Dumfreiss hath visited the church and manse of Tarreagles and have found the same to be most ruinous And have recomended the forsaid paroch to there Lordships for the said vacand stipend for repairing of the samen As appears by the visitatione and recomendatione produced with the said petitione Likeas the Earle and Ladie Nithsdail the considerable heretors within the said paroch have consented that the petitioners should uplift the forsaid vacant stipend for the uses above wreitten As appears by there consent Lykewayes produced And therefore Craveing to the effect underwreitten As the said petitione bears The saids Lords of there Majestyes privie Counsell haveing considered this petition given in to them be the above James Wright and William Welsh for themselves and in name and behalf of the rest of the heretors with the visitatione recomendatione and consent mentioned therein and produced therewith They allow the stipend of the above kirk of Tarreagles for the last half of the cropt and year of God Jaj vjc and Nyntie and haill cropt and year of God Jaj vjc and Nyntie one To be Imployed for repairing the above church and manse of Tareagles And Nominates and Appointes William Welsh of Cullachan2 to be factor for uplifting the said year and half years stipend And ordaines the said factor to be readiely ansuered obeyed and payed thereof be the heretors fewers Lyfrenters titulars tacksmen of teynds tennents possessors and others Lyable in payment of the samen And ordaines Letters of horning to be direct at his instance againest them for that effect upon productione of adecreet of Locality And in case there be none ordaines these Lyable to make payment of there respective proportions according as the samen shall be decerned be the Judge ordinarie In respect the said factor hes found sufficient Cautione acted in the books of privie Counsell That he shall Imploy the said year and ane halfes stipend upon the Reparation of the said church and manse of Tarregles

At Edinburgh 3 March 1692

A1692/3/161

Act

Act for the heritors of Terregles for stipend

Concerning the petition given in to the lords of their majesties’ privy council by James Wright of Jardington and William Welsh of Collachan for themselves and in name and behalf of the other heritors within the parish of Terregles, showing that the church of Terregles has been vacant the last half of the crop and year of God 1690 and whole year 1691, so the stipend thereof is at their lordships’ disposal for the said space for pious uses within the said parish; similarly the presbytery of Dumfries have visited the church and manse of Terregles and have found the same to be most ruinous, and have recommended the foresaid parish to their lordships for the said vacant stipend for repairing of the same, as appears by the visitation and recommendation produced with the said petition; similarly the Earl and Lady Nithsdale the considerable heritors within the said parish have consented that the petitioners should uplift the foresaid vacant stipend for the uses above written, as appears by their consent likewise produced, and therefore craving to the effect underwritten, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above James Wright and William Welsh for themselves and in name and behalf of the rest of the heritors with the visitation, recommendation and consent mentioned therein and produced therewith, they allow the stipend of the above kirk of Terregles for the last half of the crop and year of God 1690 and whole crop and year of God 1691 to be employed for repairing the above church and manse of Terregles, and they nominate and appoint William Welsh of Cullachan to be factor for uplifting the said year and half year’s stipend, and ordain the said factor to be readily answered, obeyed and paid thereof by the heritors, feuars, liferenters, titulars and tacksmen of teinds, tenants, possessors and others liable in payment of the same, and ordain letters of horning to be directed at his instance against them for that effect upon production of a decreet of locality, and in case there be none they ordain those liable to make payment of their respective proportions according as the same shall be decerned by the judge ordinary, in respect that the said factor has found sufficient caution acted in the books of privy council that he shall employ the said year and a half’s stipend upon the repair of the said church and manse of Terregles.

1. PC1/48, 96-7.

2. This name has been partially written over another word and ‘Cleugh’ scored out between ‘of’ and ‘Cullachan’.

1. PC1/48, 96-7.

Act, 3 March 1692, Edinburgh

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Att Edinburgh The Third Day off March Jaj vjc and Nyntie tuo years

A1692/3/151

Act

Act Alexander Halyburtoun for advocatts

Anent the petitione Given in to the Lords of there Majestyes privie Counsell be Alexander Halyburtoun prisoner in the tolbooth of Edinburgh Shewing That where the petitioner being Indyted befor the Lords of Justiciary for the Crymes contained in his Lybell And the day of his tryall being Monday the seventh Instant He humbly desyres there Lordships may prorogate the dyett for a Competent tyme That he may be allowed the Liberty of Lawyers who otherwayes will not take upon them to plead for the petitioner As the said petitione bears The saids Lords of there Majestyes privie Counsell haveing Considered this petitione Given in to them be the above Alexander Halyburtoun They refuse the desyre thereof as to the prorogateing the dyett of the petitioners Compearance befor the Lords Commisioners of Justicary But allowes the petitioner to Imploy Lawyers And allowes the Lawyers who shall be Imployed to plead for the petitioner in the Lybell or Indytement raised againest him befor the saids Lords Commissioners Nothwithstanding that the same be for the cryme of treasone

At Edinburgh 3 March 1692

A1692/3/151

Act

Act for Alexander Halyburtoun for advocates

Concerning the petition given in to the lords of their majesties’ privy council by Alexander Halyburton prisoner in the tolbooth of Edinburgh, showing that where the petitioner being indicted before the lords of justiciary for the crimes contained in his libel and the day of his trial being Monday the seventh instant, he humbly desires that their lordships may prorogue the diet for a competent time so that he may be allowed the liberty of lawyers who otherwise will not take upon them to plead for the petitioner, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above Alexander Halyburton, they refuse the desire thereof as to proroguing the diet of the petitioner’s appearance before the lords commissioners of justiciary, but allow the petitioner to employ lawyers, and allow the lawyers who shall be employed to plead for the petitioner in the libel or indictment raised against him before the said lords commissioners notwithstanding that the same be for the crime of treason.

1. PC1/48, 95-6.

1. PC1/48, 95-6.

Act, 3 March 1692, Edinburgh

Posted on by

Att Edinburgh The Third Day off March Jaj vjc and Nyntie tuo years

A1692/3/141

Act

Act and Comittee anent William Fraser

Anent the petitione given in to the Lords of there Majesties privie Counsell be William Fraser prisoner in Edinburgh tolbooth Shewing That where the petitioner haveing formerly applyed to there Lordships Representing that upon his being unhappiely engadged with those that Lately appeared in the Highlands againest the present government The supplicant wes resolved to accept the benefite of his Royall Majestyes Gracious Indemnity And wes come to Edinburgh for that effect But wes apprehended the very same night he came and befor he hade tyme to apply And therefore the supplicant and his said supplicatione did humbly crave the benefit of the said Indemnity and this bill being read befor the saids Lords the tuenty fourth day of december last There Lordships by there Interloquitor Declared the petitioner not capable thereof as being seized for crymes comitted since the granting of the said Indemnity And as to which the saids Lords are Intreated to Consider the supplicants case who humbly Judged that it wes2 His Majestyes Royall Intentione to Indemnifie all such Indefinitely as have appeared in armes the present government and who hade applyed for the benefite of the same betuixt and the first of Januarij then next And that the takeing the same did purge any antecedent cryme prior to the takeing thereof In so farr as concerned the government And the petitioner since haveing receaved ane Indytement befor the Lords of Justiciary againest the seventh instant and being sensible of his cryme and misfortune in haveing been in oppositione to the government Is resolved to Imploy no procurators nor propone any Legall defence But intrely to throw himself upon his Royall Majestyes Goodnes and Clemencie And to that end hes made applicatione to his Majesty And hes Laid his case at his Majestyes feet And therefore humbly craveing that there Lordships would Commiserat the petitioners case and that of his poor wyfe and children and will so farr Concurr with the petitioners supplicatione to his Majestie as aither to represent the same from there boord or at Least and till his Royall pleasure be knowen as to the petitioners particular And will recomend to the Lords of Justiciary to forbear any procedor in the petitioners tryall and sist any executione upon any sentennce to follow thereupon As the said petitione bears The saids Lords of there Majestyes privie Counsell Haveing considered this petitione given in to them be the above William Fraser They hereby recomend to the Lord Viscount of Stair and Lords Ruthven and Polwarth or any tuo of them to examine the petitioner that it may appear If he will make any further discovery anent the Bass And recomends to that Comittee to report to the Lord Chancellour what discovery the petitioner shall make If any be Betuixt and Monday to the effect his Lordship may call the Counsell to meet that they may give order for stopteing the procedor of the Lords Commissioners of Justiciary againest the petitioner If they shall find by his examinatione befor the said comittee That he does deserve such a favour In respect the day of the petitioners tryall befor the saids Lords Commissioners is Monday next And that the witnesses are to pairt from this to Flanders for there Majestyes service

At Edinburgh 3 March 1692

A1692/3/141

Act

Act and Committee concerning William Fraser

Concerning the petition given in to the lords of their majesties’ privy council by William Fraser prisoner in Edinburgh tolbooth showing that where the petitioner having formerly applied to their lordships, representing that upon his being unhappily engaged with those that lately appeared in the Highlands against the present government, the supplicant was resolved to accept the benefit of his royal majesty’s gracious indemnity and was come to Edinburgh for that effect, but was apprehended the very same night he came and before he had time to apply. Therefore the supplicant and his said supplication did humbly crave the benefit of the said indemnity and this bill being read before the said lords on the twenty-fourth day of December last, their lordships by their interlocutor declared the petitioner not capable thereof as being seized for crimes committed since the granting of the said indemnity, and as to which the said lords are entreated to consider the supplicant’s case, who humbly judged that it was his majesty’s royal intention to indemnify all such indefinitely as have appeared in arms against the present government and who had applied for the benefit of the same before the first of January then next, and that the taking the same did purge any antecedent crime prior to the taking thereof in so far as concerned the government. And the petitioner since having received an indictment before the lords of justiciary against the seventh instant and being sensible of his crime and misfortune in having been in opposition to the government is resolved to employ no procurators nor propone any legal defence but entirely to throw himself upon his royal majesty’s goodness and clemency and to that end has made application to his majesty and has laid his case at his majesty’s feet, and therefore humbly craving that their lordships would commiserate the petitioner’s case and that of his poor wife and children and will so far concur with the petitioner’s supplication to his majesty as either to represent the same from their board or at least and till his royal pleasure be known as to the petitioner’s particular, and will recommend to the lords of justiciary to forbear any procedure in the petitioner’s trial and sist any execution upon any sentence to follow thereupon, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above William Fraser, they hereby recommend to the lord Viscount of Stair and Lords Ruthven and Polwarth or any two of them to examine the petitioner that it may appear if he will make any further discovery concerning the Bass and recommends to that committee to report to the lord chancellor what discovery the petitioner shall make if any be before Monday to the effect his lordship may call the council to meet that they may give order for stopping the procedure of the lords commissioners of justiciary against the petitioner, if they shall find by his examination before the said committee that he does deserve such a favour, in respect the day of the petitioner’s trial before the said lords commissioners is Monday next, and that the witnesses are to leave for Flanders for their majesties’ service.

1. PC1/48, 94-5.

2. The word ‘the’ scored out here.

1. PC1/48, 94-5.