Tag Archives: 6 February 1696

Act, 6 February 1696, Edinburgh

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Att Edinburgh the sixth Day of February Jaj vic nyntie six yeirs

D1696/2/141

Act

Act Mcqween and others of Asseries wittnesses

Anent the petitione given in to The Lords of his majesties privie Counsell be John Mcqween in Achagrinach James Mcconall in Knockglass John Mcqween in Achagrinach James Mcconall in Knockglass John Mckingster in Horsue, Donald Miller in Milnetowne Donald Mcallister bean ther, John Thomsone barber in Thwrso, Adam Reid Shoemaker ther Alexander Mcconell in Breckretack Shewing That wher the petitioners haveing bein charged to compeare befor the saids Lords of privie Counsell at the instance of George Sinclair of Assarie and John Sinclair his brother as wittnesses to prove ther complaint raised befor the saids Lords against John Sinclair of Bryne As the respective coppies given to them theranent will testifie And Seing in obedience to the Saids Lords ther awthoritie they have accordingly compeared And that Just and reasonable it is that they Should have ther necessarie charges and expensses allowed them from the tyme they came from Caithnes which was upon the eightein day of december last And that in respect of the Length of the Journey from this to Caitnes which is above two Hundereth myles they cannot reach ther Journeyes end at this Seasone of the yeir within a fourtnight hence which will be about the third of februrary next wherby ther will be due to the petitioners at tuelve Shilling Scotts per diem (which is the least can be allowed to each man from the said eighteenth of December till the third day of febrwary next) the Soume of Thrie Hundereth and fiftie nyn punds twelve Shilling Scotts money ther being nyn wittnesses which makes Nyn Shillings Sterleing per diem for the Space of fourtie eight Dayes which upon Just callcullatione will amownt to the foirsaid Soume And therfore craveing the Saids Lords of privie Councell to ordaine and decerne the Saids George Sinclaire of Asserie and John Sinclaire his brother to make payment to the petitioners of the foirsaid Soume of Two Hundereth and fiftie nyn punds twelve Shilling Scotts money And that as liqwuidat expenss Sustained by the petitioners upon the accompt above written And to cause Secure the persones of the Saids John and George Sinclaires untill they make payment of the foirsaid Soume As the said petitione bears Which being this Day red and considered be the Saids Lords of privie Cownsell They Doe heirby decerne and ordaine the said George Sinclair of Asserie and John Sinclair his brother to make payment to ilk ane of the petitioners as wittnesses cited and compeareing in the above proces of the Soume of Eight Shilling Scotts per diem being all footmen Comenceing from the Second day of Janwary being the fourtein day of the said moneth and the day of compeareance In the lybell to the Sixtein day of the Samen moneth being the day of ther examinatione Inclwsive And of the Like Soume each Day for the Space of ane whole moneth which the Saids Lords allowes to the petitioners for travelling from And returneing to ther own homes Extending the haill Soumes forsaids to the Soume of Ane Hundereth and eight punds Sixtein Shilling Scotts money And ordaines Letters of Horning on fiftein dayes and others needfull to be direct heirupon in forme as effeirs

Att Edinburgh the sixth Day of February Jaj vic nyntie six yeirs

D1696/2/141

Act

Act Mcqween and others of Asseries wittnesses

Anent the petitione given in to The Lords of his majesties privie Counsell be John Mcqween in Achagrinach James Mcconall in Knockglass John Mcqween in Achagrinach James Mcconall in Knockglass John Mckingster in Horsue, Donald Miller in Milnetowne Donald Mcallister bean ther, John Thomsone barber in Thwrso, Adam Reid Shoemaker ther Alexander Mcconell in Breckretack Shewing That wher the petitioners haveing bein charged to compeare befor the saids Lords of privie Counsell at the instance of George Sinclair of Assarie and John Sinclair his brother as wittnesses to prove ther complaint raised befor the saids Lords against John Sinclair of Bryne As the respective coppies given to them theranent will testifie And Seing in obedience to the Saids Lords ther awthoritie they have accordingly compeared And that Just and reasonable it is that they Should have ther necessarie charges and expensses allowed them from the tyme they came from Caithnes which was upon the eightein day of december last And that in respect of the Length of the Journey from this to Caitnes which is above two Hundereth myles they cannot reach ther Journeyes end at this Seasone of the yeir within a fourtnight hence which will be about the third of februrary next wherby ther will be due to the petitioners at tuelve Shilling Scotts per diem (which is the least can be allowed to each man from the said eighteenth of December till the third day of febrwary next) the Soume of Thrie Hundereth and fiftie nyn punds twelve Shilling Scotts money ther being nyn wittnesses which makes Nyn Shillings Sterleing per diem for the Space of fourtie eight Dayes which upon Just callcullatione will amownt to the foirsaid Soume And therfore craveing the Saids Lords of privie Councell to ordaine and decerne the Saids George Sinclaire of Asserie and John Sinclaire his brother to make payment to the petitioners of the foirsaid Soume of Two Hundereth and fiftie nyn punds twelve Shilling Scotts money And that as liqwuidat expenss Sustained by the petitioners upon the accompt above written And to cause Secure the persones of the Saids John and George Sinclaires untill they make payment of the foirsaid Soume As the said petitione bears Which being this Day red and considered be the Saids Lords of privie Cownsell They Doe heirby decerne and ordaine the said George Sinclair of Asserie and John Sinclair his brother to make payment to ilk ane of the petitioners as wittnesses cited and compeareing in the above proces of the Soume of Eight Shilling Scotts per diem being all footmen Comenceing from the Second day of Janwary being the fourtein day of the said moneth and the day of compeareance In the lybell to the Sixtein day of the Samen moneth being the day of ther examinatione Inclwsive And of the Like Soume each Day for the Space of ane whole moneth which the Saids Lords allowes to the petitioners for travelling from And returneing to ther own homes Extending the haill Soumes forsaids to the Soume of Ane Hundereth and eight punds Sixtein Shilling Scotts money And ordaines Letters of Horning on fiftein dayes and others needfull to be direct heirupon in forme as effeirs

1. NRS, PC2/26, 121v-122r.

1. NRS, PC2/26, 121v-122r.

Act, 6 February 1696, Edinburgh

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Att Edinburgh the sixth Day of February Jaj vic nyntie six yeirs

D1696/2/131

Act

Act principalls and maisters of the wniversitie of St Andrews

Anent the petitione given in to the Lords of his majesties privie Cownsell be The principalls and haill other maisters of St Salvators and St Leonards coledges in the wniversitie of St Andrews Shewing That wher the saids Lords of privie Counsell by ther act of the Date the seventh of November Jaj vic nyntie five yeirs Last bypast Found that the neat rentall of the half moneths cess imposed upon the Land Rent of this Kingdome by the act of parliament the Seventyne of September Jaj vic eightie one to be uplifted and putt in Stock for the use of this wniversitie and to be divided amongst the petitioners by the advyce and appointment of the saids Lords (efter deductione of all publict burdens except the cess) did extend to Ane Hundereth and fourtie six punds Six Shilling Scotts of money And nyntein Chalders ten bolls thrie firlots of Victuall and appointed the same to be Divided amongst the petitioners in maner exprest in the said act As the samen of the date foirsaid more fullie bears And seing that the petitioners throw inadvertency have omitted to crave the forsaid Divisione might be extended to bygones since ther entrie to ther saids respective places And therfore humbly craveing to the effect eftermentioned As the said petitione bears Which The saids Lords of his majesties privie Cownsell haveing this day considered They heirby appoint the divisiones of the rents mentioned in the said petitione to comence from the petitioners entries to the respective possessiones And appoints the factors and others lyable to make payment of the Samen for all rests als well of all yeirs and termes by gone as in tyme comeing proportionallie amongst the petitioners Conforme to the act of Divisione mentioned in the petitione And impouers the petitioners to charge and persue therfor to be made furth comeing to all persones haveing interest But prejudice allwayes to the act mentioned in the petitione formerly pronunced by the privie Counsell

Att Edinburgh the sixth Day of February Jaj vic nyntie six yeirs

D1696/2/131

Act

Act principalls and maisters of the wniversitie of St Andrews

Anent the petitione given in to the Lords of his majesties privie Cownsell be The principalls and haill other maisters of St Salvators and St Leonards coledges in the wniversitie of St Andrews Shewing That wher the saids Lords of privie Counsell by ther act of the Date the seventh of November Jaj vic nyntie five yeirs Last bypast Found that the neat rentall of the half moneths cess imposed upon the Land Rent of this Kingdome by the act of parliament the Seventyne of September Jaj vic eightie one to be uplifted and putt in Stock for the use of this wniversitie and to be divided amongst the petitioners by the advyce and appointment of the saids Lords (efter deductione of all publict burdens except the cess) did extend to Ane Hundereth and fourtie six punds Six Shilling Scotts of money And nyntein Chalders ten bolls thrie firlots of Victuall and appointed the same to be Divided amongst the petitioners in maner exprest in the said act As the samen of the date foirsaid more fullie bears And seing that the petitioners throw inadvertency have omitted to crave the forsaid Divisione might be extended to bygones since ther entrie to ther saids respective places And therfore humbly craveing to the effect eftermentioned As the said petitione bears Which The saids Lords of his majesties privie Cownsell haveing this day considered They heirby appoint the divisiones of the rents mentioned in the said petitione to comence from the petitioners entries to the respective possessiones And appoints the factors and others lyable to make payment of the Samen for all rests als well of all yeirs and termes by gone as in tyme comeing proportionallie amongst the petitioners Conforme to the act of Divisione mentioned in the petitione And impouers the petitioners to charge and persue therfor to be made furth comeing to all persones haveing interest But prejudice allwayes to the act mentioned in the petitione formerly pronunced by the privie Counsell

1. NRS, PC2/26, 121v-122r.

1. NRS, PC2/26, 121v-122r.

Act, 6 February 1696, Edinburgh

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Att Edinburgh the sixth Day of February Jaj vic nyntie six yeirs

D1696/2/121

Act

Act and recomendatione inhabitants of Kinbettach

The Lords of his majesties privie Counsell haveing considered the report of a comittie of ther own number appointed for reviseing the accompts resting be his majesties forces to the countrie Beareing that The comittie haveing considered the accompt given in to them as resting be his majesties forces to the inhabitants within the paroch of Kinbettach with the instructiones and verificationes therof They find that ther are Some the articles of the Said accompt which are not in the termes of nynth act fourth Sessione of this current parliament and proclamationes of Counsell relative therto And therfore they have refwised and rejected these articles And finds the haill articles of the said accompt Sufficiently verified and proven be the oathes and depositiones of the saids inhabitants taken befor two of the Comissioners of Supply within the Shyre of Aberdeen Conforme to the report of the Comissioners Subscribed be then written upon the end of the said accompt Beareing that the haill persones in the accompt compeared befor them and deponed that the haill articles of the accompt were truly furnished be them preceeding the first of February Jaj vic nyntie ane And that they receaved payment of no pairt And that the Same does not exceed two thirds of ther pay which accompt and report was produced to and considered be the said comittie And findes that besydes the articles refwised and rejected as said is ther is yet resting be his majesties forces upon Scotts pay to the inhabitants within the said paroch of Kinbettach the Soumes following viz be the Deceast Lord Cardross his regiment od Dragownes the Soume of Seven Hundereth and thriescore two punds Scotts money Item be The maister of Forbes his troupe of horse the Soume of Ane Hundereth and fiftie five punds Six Shilling eight pennies Scotts Item be The Viscount of Kenmwire his regiment of foot the Soume of Four Hundereth Fourtie five punds Scotts Item by the deceast Lord Angus his regiment of foot the Soume of Ane Hundereth Fourtie ane punds threttein shilling four pennies Scotts Item by The Laird of Grant his regiment of foot the Soume of Thriescore Seven punds money foirsaid Extending the haill Soumes foirsaids resting be his majesties forces upon Scotts pay to the inhabitants within the said paroch of Kinbattoch to the Soume of Ane Thousand five Hundereth thriescore Eleven punds two Shilling Scotts And the Comittie findes that the haill articles wherof this last Soume is made up were all furnished preceeding the first day of February Jaj vic nyntie ane yeirs And that they are all in the terms of the nynth act fourth Session of this current parliament Intituled act for pole money and proclamatione of Counsell relative therto And therfor it is the comitties opinion that the said soume of Ane Thousand five Hundereth thriescore Eleven punds two Shilling Scotts is to be payed to the inhabitants of the said paroch of Kinbettoch out of the said pole money imposed in anno Jaj vic nyntie thrie And that they are to be recomended to The Comissioners of parliament appointed anent the said polemoney for payment of the Same to them accordingly As the forsaid report bears The Saids Lords of his majesties privie Counsell haveing considered the said report of accompts resting to the inhabitants within the parochin of Kinbettack They heirby recomend to the Comissioners of parliament imposed in anno Jaj vic nyntie thrie to cause make payment to the Saids inhabitants of the Soume of Ane Thowsand Five Hundereth thriescore eleven punds two Shilling Scotts money therin contained resting be the forces which were wpon Scotts pay

Att Edinburgh the sixth Day of February Jaj vic nyntie six yeirs

D1696/2/121

Act

Act and recomendatione inhabitants of Kinbettach

The Lords of his majesties privie Counsell haveing considered the report of a comittie of ther own number appointed for reviseing the accompts resting be his majesties forces to the countrie Beareing that The comittie haveing considered the accompt given in to them as resting be his majesties forces to the inhabitants within the paroch of Kinbettach with the instructiones and verificationes therof They find that ther are Some the articles of the Said accompt which are not in the termes of nynth act fourth Sessione of this current parliament and proclamationes of Counsell relative therto And therfore they have refwised and rejected these articles And finds the haill articles of the said accompt Sufficiently verified and proven be the oathes and depositiones of the saids inhabitants taken befor two of the Comissioners of Supply within the Shyre of Aberdeen Conforme to the report of the Comissioners Subscribed be then written upon the end of the said accompt Beareing that the haill persones in the accompt compeared befor them and deponed that the haill articles of the accompt were truly furnished be them preceeding the first of February Jaj vic nyntie ane And that they receaved payment of no pairt And that the Same does not exceed two thirds of ther pay which accompt and report was produced to and considered be the said comittie And findes that besydes the articles refwised and rejected as said is ther is yet resting be his majesties forces upon Scotts pay to the inhabitants within the said paroch of Kinbettach the Soumes following viz be the Deceast Lord Cardross his regiment od Dragownes the Soume of Seven Hundereth and thriescore two punds Scotts money Item be The maister of Forbes his troupe of horse the Soume of Ane Hundereth and fiftie five punds Six Shilling eight pennies Scotts Item be The Viscount of Kenmwire his regiment of foot the Soume of Four Hundereth Fourtie five punds Scotts Item by the deceast Lord Angus his regiment of foot the Soume of Ane Hundereth Fourtie ane punds threttein shilling four pennies Scotts Item by The Laird of Grant his regiment of foot the Soume of Thriescore Seven punds money foirsaid Extending the haill Soumes foirsaids resting be his majesties forces upon Scotts pay to the inhabitants within the said paroch of Kinbattoch to the Soume of Ane Thousand five Hundereth thriescore Eleven punds two Shilling Scotts And the Comittie findes that the haill articles wherof this last Soume is made up were all furnished preceeding the first day of February Jaj vic nyntie ane yeirs And that they are all in the terms of the nynth act fourth Session of this current parliament Intituled act for pole money and proclamatione of Counsell relative therto And therfor it is the comitties opinion that the said soume of Ane Thousand five Hundereth thriescore Eleven punds two Shilling Scotts is to be payed to the inhabitants of the said paroch of Kinbettoch out of the said pole money imposed in anno Jaj vic nyntie thrie And that they are to be recomended to The Comissioners of parliament appointed anent the said polemoney for payment of the Same to them accordingly As the forsaid report bears The Saids Lords of his majesties privie Counsell haveing considered the said report of accompts resting to the inhabitants within the parochin of Kinbettack They heirby recomend to the Comissioners of parliament imposed in anno Jaj vic nyntie thrie to cause make payment to the Saids inhabitants of the Soume of Ane Thowsand Five Hundereth thriescore eleven punds two Shilling Scotts money therin contained resting be the forces which were wpon Scotts pay

1. NRS, PC2/26, 120v-121v.

1. NRS, PC2/26, 120v-121v.

Act, 6 February 1696, Edinburgh

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Att Edinburgh the sixth Day of February Jaj vic nyntie six yeirs

D1696/2/111

Act

Act and Recomendatione in favors of inhabitants of Dwnss

The Lords of his majesties privie Counsell haveing considered the report of a comittie of ther own number appointed for reviseing the accompts resting be his Majesties forces to the Countrey Bearing that the Comittie haveing considered the accompts given in to them as resting be his majesties forces to the inhabitants within the towne of Dwnss with the instructiones and verificationes therof They find that ther are some of the articles of the said accompts which are not in the termes of the nynth act fourth sessione of this current parliament and proclamationes of Counsell relative therto And therfore they have refwised and rejected these articles And findes the haill articles of the said accompt Sufficiently verified and proven aither by write under the hands of the Souldiers or officers to whom the Same were furnished or be the oathes or depositiones of the persones furnishers taken befor two of the comissioners of Supplie within the Shyre of Berwick Conforme to the depositiones of the pairties and report of the Comissioners written upon the end of the said accompt Subscribed be the saids Comissioners beareing that they have considered the accompt with the instructiones therof pairtley be write and pairtly by oath taken in the presence And finds the Same Sufficiently proven And that all the articles were furnished for meat Drink farrage and Subsistance preceeding Febrwary Jaj vic nyntie one yeirs Which accompt writes depositiones and report were all produced to and considered be the said comittie And finds that besydes the articles refwsed and rejected as said is ther is still resting be his majesties forces upon Scotts pay to the Saids inhabitants within the towne of Dwnss the Soumes following viz By The Lord Yester his troupe of horse the Soume of Fourtie five punds eight Shilling eight pennies Scotts Item by the deceast Lord Cardross his regiment of Dragownes the Soume of Two hundereth twentie Six punds four Shilling Scotts money Item by The Lord Blintyre his regiment of foot the Soume of Fourtie five punds Scotts money foirsaid Extending the haill Soumes foirsaids resting be his majesties forces which were upon Scotts pay to the Saids inhabitants within the burgh of Dwnss altogither in one to the Soume of Thrie hundereth and Sixtein punds twelve Shilling eight pennies Scotts And finds that the haill articles wherof this Last Soume is made up were all furnished preceeding the first day of february Jaj vic nyntie one yeirs And that they are all in the termes of the nynth act fourth Sessione of this current parliament and proclamationes of privie Counsell relative therto And therfor it is the Comitties opinion that the said Soume of Thrie Hundereth and Sixtein punds tuelve Shilling eight pennies Scotts is to be payed to the Saids inhabitants of Dwnss out of the pole money imposed in anno Jaj vic and nyntie thrie And that they are to be recommended to the comissioners of parliament appointed anent the said pole money for payment of the Same accordingly And findes that ther is resting by The Earle of Leivens regiment which was not upon Scotts pay to the Saids inhabitants the Soume of Threttein punds thrie Shilling Six pennies Scotts money And It is the comitties opinion that this Soume be transmitted to The Kings majestie that he may order Such course to be taken therwith as in his royall wisedome he Shall think fitt As the said report beares The Saids Lords of his majesties privie Counsell haveing considered the said report They heirby recomend to the Comissioners of parliament anent the polemoney imposed in anno Jaj vic and nyntie thrie to cause make payment to the Saids inhabitants of Dwnss of the Soume of Thrie Hundereth and Sixtein pwnds twelve Shilling eight pennies Scotts resting to them be his majesties forces which were upon Scotts pay And appointes the Soume of Threttein punds thrie Shilling Six pennies Scotts resting to them be The Earle of Leivens regiment which was not upon Scotts pay to be transmitted to His majestie that he may order Such course to be taken therwith as in his Royall wisedome he Shall think fitt

Att Edinburgh the sixth Day of February Jaj vic nyntie six yeirs

D1696/2/111

Act

Act and Recomendatione in favors of inhabitants of Dwnss

The Lords of his majesties privie Counsell haveing considered the report of a comittie of ther own number appointed for reviseing the accompts resting be his Majesties forces to the Countrey Bearing that the Comittie haveing considered the accompts given in to them as resting be his majesties forces to the inhabitants within the towne of Dwnss with the instructiones and verificationes therof They find that ther are some of the articles of the said accompts which are not in the termes of the nynth act fourth sessione of this current parliament and proclamationes of Counsell relative therto And therfore they have refwised and rejected these articles And findes the haill articles of the said accompt Sufficiently verified and proven aither by write under the hands of the Souldiers or officers to whom the Same were furnished or be the oathes or depositiones of the persones furnishers taken befor two of the comissioners of Supplie within the Shyre of Berwick Conforme to the depositiones of the pairties and report of the Comissioners written upon the end of the said accompt Subscribed be the saids Comissioners beareing that they have considered the accompt with the instructiones therof pairtley be write and pairtly by oath taken in the presence And finds the Same Sufficiently proven And that all the articles were furnished for meat Drink farrage and Subsistance preceeding Febrwary Jaj vic nyntie one yeirs Which accompt writes depositiones and report were all produced to and considered be the said comittie And finds that besydes the articles refwsed and rejected as said is ther is still resting be his majesties forces upon Scotts pay to the Saids inhabitants within the towne of Dwnss the Soumes following viz By The Lord Yester his troupe of horse the Soume of Fourtie five punds eight Shilling eight pennies Scotts Item by the deceast Lord Cardross his regiment of Dragownes the Soume of Two hundereth twentie Six punds four Shilling Scotts money Item by The Lord Blintyre his regiment of foot the Soume of Fourtie five punds Scotts money foirsaid Extending the haill Soumes foirsaids resting be his majesties forces which were upon Scotts pay to the Saids inhabitants within the burgh of Dwnss altogither in one to the Soume of Thrie hundereth and Sixtein punds twelve Shilling eight pennies Scotts And finds that the haill articles wherof this Last Soume is made up were all furnished preceeding the first day of february Jaj vic nyntie one yeirs And that they are all in the termes of the nynth act fourth Sessione of this current parliament and proclamationes of privie Counsell relative therto And therfor it is the Comitties opinion that the said Soume of Thrie Hundereth and Sixtein punds tuelve Shilling eight pennies Scotts is to be payed to the Saids inhabitants of Dwnss out of the pole money imposed in anno Jaj vic and nyntie thrie And that they are to be recommended to the comissioners of parliament appointed anent the said pole money for payment of the Same accordingly And findes that ther is resting by The Earle of Leivens regiment which was not upon Scotts pay to the Saids inhabitants the Soume of Threttein punds thrie Shilling Six pennies Scotts money And It is the comitties opinion that this Soume be transmitted to The Kings majestie that he may order Such course to be taken therwith as in his royall wisedome he Shall think fitt As the said report beares The Saids Lords of his majesties privie Counsell haveing considered the said report They heirby recomend to the Comissioners of parliament anent the polemoney imposed in anno Jaj vic and nyntie thrie to cause make payment to the Saids inhabitants of Dwnss of the Soume of Thrie Hundereth and Sixtein pwnds twelve Shilling eight pennies Scotts resting to them be his majesties forces which were upon Scotts pay And appointes the Soume of Threttein punds thrie Shilling Six pennies Scotts resting to them be The Earle of Leivens regiment which was not upon Scotts pay to be transmitted to His majestie that he may order Such course to be taken therwith as in his Royall wisedome he Shall think fitt

1. NRS, PC2/26, 119r-120v.

1. NRS, PC2/26, 119r-120v.

Act, 6 February 1696, Edinburgh

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Att Edinburgh the sixth Day of February Jaj vic nyntie six yeirs

D1696/2/101

Act

Act Russell of Ellrig

Anent the petitione given in to the Lords of his majesties privie Counsell be Thomas Russell of Ellrig Shewing That wheras upon the complaint at the instance of Thomas Aikenhead of Jaw and James Monteith of Mylnehall against the petitioner for alleadged hindering him to repair the damn of the mylne of Jaw and for Stopping the bwilding of a new mylne upon the petitioners own ground The Saids Lords of privie Counsell at first refused to Sustaine processes as to the Stopping of the bwilding of the petitioners new mylne But therefter the saids Lords Stopped the bwilding therof and remitted both that point and the other point anent the diverting the course of the water to be discust Sumarly by the Lords of Sessione As to which the petitioner Humbly represents that the foirsaid interloquitor proceeded upon a misrepresentatione of the mater of fact That this was a parralell caice with ane other perswite at the instance of Pringle of Torsonse against The Laird of Stow Wheras the caise is vastly different for Torsons was the complainer2 in that caice was infeft in the mylne of Stow with the astricted mulitures and produced a right prior to any right in the persone of Stow And that Stow was not only goeing to bwild a mylne within the thirleage But as is represented in Torsons complaint Stow by bwilding of a new mylne upon his ground did obstruct the frie ish and entrie of Torsonses mylne which was the mylne of the barronie As appears by a double of the complaint and act therupon produced with the said petitione And Therfor the Saids Lords of privie Counsell did most Justly order a Stopp to be putt to the bwilding of Stowes new mylne befor the mater was tryed and Determined Wheras in this caice ther is no right of Thirleage produced nor is the petitioner any wayes thirled nether to the mylne of Jaw nor to the mylne of Mylnehall and his Lands is not within the Same barronie with the mylne of Jaw but within another barronie And nether does the bwilding of his mylne any wayes obstruct the said3 frieish and entrie to the mylne of Jaw being about half ane mylls distance And albeit the petitioner be within the same barronie with the mylne of Mylnehall which holds of The Dutches of Hamiltone yet he is so farr from being astricted to the mylne that he hes ane express right from Dwke William in the yeir Jaj vic and fiftie allowing him to bwild a mylne upon his own ground as appears by the dispositione produced So that the petitioner is Just in the case of ane heretor whose Lands are frie of any thirleage and his right to bwild ane mylne upon his own ground that is not restricted by a thirleage or Some other Speciall right And furder to evidence the difference betuixt that case of Torsouses against Stow and the petitioners case Torsouce alleadges that Stow was in wse to come to his mylne and to pay astrict multures and Stow alleadges owttentownes multures Wherupon The Lords of Sessione Have granted a conjunct probatione to them against the first of Jwne next Wheras the petitioner was never in wse to goe to Mylnehalls mylne being five or six mylls distant And when he went to Jaws mylne was allwayes frie of multure for the Libertie of the water owt of the petitioners Loch Secundo The Saids Lords of privie Counsell by ther interloquitor haveing remitted the point of right to be discust by the Lords of Sessione Sumarly And albeit the petitioner hes requyred Mylnehall upon whose pretended right the Stopp was fownded to insist as appears by ane instrument produced with the said petitione yet he Still postpones and delayes and his not as yet insisted in his actione so that it is evident all that they desyre is only to Stopp the goeing of the petitioners mylne but never to insist to discuss the point of right And therfore Humbly craveing that the saids Lords of privie Counsell would be pleased to take the premiss to her consideratione And seing the petitioners mylne is alreadie bwilt he may be alloued to proceed to make her a goeing mylne Reserveing to the persewer to insist in his actione befor the Lords of Session as accords of the Lau As the said petitione bears which being this day red and considered be the saids Lords of privie Counsell with ansuers made therto for The Laird of Jaw and Milnehill They heirby discharge the petitioner to Suffer his mylne to goe And ordaines him to give bond and find sufficient cautione acted in the books of privie Counsell that he shall not Suffer the said mylne to goe untill the point of right be discust befor The Lords of Sessione And that he shall demolish the said mylne watergangs and Damnheads Therof in caice it shall be found be the saids Lords of Sessione that he had not right to bwild the Samen

Att Edinburgh the sixth Day of February Jaj vic nyntie six yeirs

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Act

Act Russell of Ellrig

Anent the petitione given in to the Lords of his majesties privie Counsell be Thomas Russell of Ellrig Shewing That wheras upon the complaint at the instance of Thomas Aikenhead of Jaw and James Monteith of Mylnehall against the petitioner for alleadged hindering him to repair the damn of the mylne of Jaw and for Stopping the bwilding of a new mylne upon the petitioners own ground The Saids Lords of privie Counsell at first refused to Sustaine processes as to the Stopping of the bwilding of the petitioners new mylne But therefter the saids Lords Stopped the bwilding therof and remitted both that point and the other point anent the diverting the course of the water to be discust Sumarly by the Lords of Sessione As to which the petitioner Humbly represents that the foirsaid interloquitor proceeded upon a misrepresentatione of the mater of fact That this was a parralell caice with ane other perswite at the instance of Pringle of Torsonse against The Laird of Stow Wheras the caise is vastly different for Torsons was the complainer2 in that caice was infeft in the mylne of Stow with the astricted mulitures and produced a right prior to any right in the persone of Stow And that Stow was not only goeing to bwild a mylne within the thirleage But as is represented in Torsons complaint Stow by bwilding of a new mylne upon his ground did obstruct the frie ish and entrie of Torsonses mylne which was the mylne of the barronie As appears by a double of the complaint and act therupon produced with the said petitione And Therfor the Saids Lords of privie Counsell did most Justly order a Stopp to be putt to the bwilding of Stowes new mylne befor the mater was tryed and Determined Wheras in this caice ther is no right of Thirleage produced nor is the petitioner any wayes thirled nether to the mylne of Jaw nor to the mylne of Mylnehall and his Lands is not within the Same barronie with the mylne of Jaw but within another barronie And nether does the bwilding of his mylne any wayes obstruct the said3 frieish and entrie to the mylne of Jaw being about half ane mylls distance And albeit the petitioner be within the same barronie with the mylne of Mylnehall which holds of The Dutches of Hamiltone yet he is so farr from being astricted to the mylne that he hes ane express right from Dwke William in the yeir Jaj vic and fiftie allowing him to bwild a mylne upon his own ground as appears by the dispositione produced So that the petitioner is Just in the case of ane heretor whose Lands are frie of any thirleage and his right to bwild ane mylne upon his own ground that is not restricted by a thirleage or Some other Speciall right And furder to evidence the difference betuixt that case of Torsouses against Stow and the petitioners case Torsouce alleadges that Stow was in wse to come to his mylne and to pay astrict multures and Stow alleadges owttentownes multures Wherupon The Lords of Sessione Have granted a conjunct probatione to them against the first of Jwne next Wheras the petitioner was never in wse to goe to Mylnehalls mylne being five or six mylls distant And when he went to Jaws mylne was allwayes frie of multure for the Libertie of the water owt of the petitioners Loch Secundo The Saids Lords of privie Counsell by ther interloquitor haveing remitted the point of right to be discust by the Lords of Sessione Sumarly And albeit the petitioner hes requyred Mylnehall upon whose pretended right the Stopp was fownded to insist as appears by ane instrument produced with the said petitione yet he Still postpones and delayes and his not as yet insisted in his actione so that it is evident all that they desyre is only to Stopp the goeing of the petitioners mylne but never to insist to discuss the point of right And therfore Humbly craveing that the saids Lords of privie Counsell would be pleased to take the premiss to her consideratione And seing the petitioners mylne is alreadie bwilt he may be alloued to proceed to make her a goeing mylne Reserveing to the persewer to insist in his actione befor the Lords of Session as accords of the Lau As the said petitione bears which being this day red and considered be the saids Lords of privie Counsell with ansuers made therto for The Laird of Jaw and Milnehill They heirby discharge the petitioner to Suffer his mylne to goe And ordaines him to give bond and find sufficient cautione acted in the books of privie Counsell that he shall not Suffer the said mylne to goe untill the point of right be discust befor The Lords of Sessione And that he shall demolish the said mylne watergangs and Damnheads Therof in caice it shall be found be the saids Lords of Sessione that he had not right to bwild the Samen

1. NRS, PC2/26, 117v-119r.

2. The word ‘was’ scored out here.

3. The word ‘mylne’ scored out here.

1. NRS, PC2/26, 117v-119r.

2. The word ‘was’ scored out here.

3. The word ‘mylne’ scored out here.

Act, 6 February 1696, Edinburgh

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D1696/2/91

Act

Act of Liberation James Mcphersone

Anent the petitione given in to the Lords of his majesties privie Counsell be James Mcphersone of Inverinhaven Shewing That the petitioner haveing bein conveened befor the Comissione for The Highlands as haveing Access unto a pretended depredatione alleadgedlie comitted in the yeir Jaj vic and nyntie for which he was detained in prison at Invernes and upon applicatione to the saids Lords of privie Cownsell he was ordained to come over and enter himself prisoner to the tollbwith of Edinburgh wher he hes now continued five or six weeks And now Seing The Laird of Grant who was the occasione of his being comitted to prisone at Invernes is content that the petitioner be sett a2 Libertie As the said petitione bears Which being this day red and considered be the Saids Lords of privie Counsell They Doe heirby give order to the magestrats of Edinburgh and keeper of ther tollbwith to Sett the petitioner at Libertie furth therof In respect he hes given bond and found Sufficient cautione acted in the books of His Majesties privie Cownsell that he Shall appear befor the Lords of his Majesties privie Cownsell when called for an ansuer to what Shall be Laid to his charge wnder the penaltie of Ane Hundereth punds Sterline

Att Edinburgh the sixth Day of February Jaj vic nyntie six yeirs

D1696/2/91

Act

Act of Liberation James Mcphersone

Anent the petitione given in to the Lords of his majesties privie Counsell be James Mcphersone of Inverinhaven Shewing That the petitioner haveing bein conveened befor the Comissione for The Highlands as haveing Access unto a pretended depredatione alleadgedlie comitted in the yeir Jaj vic and nyntie for which he was detained in prison at Invernes and upon applicatione to the saids Lords of privie Cownsell he was ordained to come over and enter himself prisoner to the tollbwith of Edinburgh wher he hes now continued five or six weeks And now Seing The Laird of Grant who was the occasione of his being comitted to prisone at Invernes is content that the petitioner be sett a2 Libertie As the said petitione bears Which being this day red and considered be the Saids Lords of privie Counsell They Doe heirby give order to the magestrats of Edinburgh and keeper of ther tollbwith to Sett the petitioner at Libertie furth therof In respect he hes given bond and found Sufficient cautione acted in the books of His Majesties privie Cownsell that he Shall appear befor the Lords of his Majesties privie Cownsell when called for an ansuer to what Shall be Laid to his charge wnder the penaltie of Ane Hundereth punds Sterline

1. NRS, PC2/26, 117r-117v.

2. Sic.

1. NRS, PC2/26, 117r-117v.

2. Sic.

Act, 6 February 1696, Edinburgh

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D1696/2/81

Act

Act Erskein of Alva

Anent the petitione given in To The Lords of his majesties privie Counsell be Sir John Erskein of Alva Shewing That wher the tuentie fourth act of the Last Session of the current parliament allowes heirs to enter upon inventar which inventar is therby appointed to be given in to the Shirreff clerk of the Shyre wher the defwncts Lands and heretadges Lye And the Shirreff or Shirreff Deput are also appointed to Signe in Judgement and record the Same Conforme to this act of parliament the petitioner hes raised breivs for Serveing himself air in Speciall to Sir Charles Erskin of Alva his father And doe intend to give up in ventar But it happens that the Lands which are to be given up in inventar lye in the Shyres of Stirleing and Clackmanan wher ther are no Shirreffs at present authorized or officiating wherby the petitioner cannot obtaine his inventaries to be receaved in Judgement or Signed by the Shirreffs wnles The Saids Lords of privie Counsell be pleased to grant a Speciall comissione of Shirreffship to that effect And Seing the act doeth only allow year and day to deliberat the mater cannot admitt of any delay As the said petitione bears The Saids Lords of his majesties privie Counsell haveing considered the above petitione given in to them be the said Sir John Aresken of Alva they doe heirby nominat and appoint Leivetennent Collonell John Areskin depute governour of the Castle of Stirleing to be Shirreff in both the above Shyres of Stirleing and Clackmanan to the speciall effect in the petitione with full power to him to hold courts and receave inventars of the petitioners fathers Heretadge And Signe the Same Judiciallie that the Same may be recorded Conforme to the act of parliament

Att Edinburgh the sixth Day of February Jaj vic nyntie six yeirs

D1696/2/81

Act

Act Erskein of Alva

Anent the petitione given in To The Lords of his majesties privie Counsell be Sir John Erskein of Alva Shewing That wher the tuentie fourth act of the Last Session of the current parliament allowes heirs to enter upon inventar which inventar is therby appointed to be given in to the Shirreff clerk of the Shyre wher the defwncts Lands and heretadges Lye And the Shirreff or Shirreff Deput are also appointed to Signe in Judgement and record the Same Conforme to this act of parliament the petitioner hes raised breivs for Serveing himself air in Speciall to Sir Charles Erskin of Alva his father And doe intend to give up in ventar But it happens that the Lands which are to be given up in inventar lye in the Shyres of Stirleing and Clackmanan wher ther are no Shirreffs at present authorized or officiating wherby the petitioner cannot obtaine his inventaries to be receaved in Judgement or Signed by the Shirreffs wnles The Saids Lords of privie Counsell be pleased to grant a Speciall comissione of Shirreffship to that effect And Seing the act doeth only allow year and day to deliberat the mater cannot admitt of any delay As the said petitione bears The Saids Lords of his majesties privie Counsell haveing considered the above petitione given in to them be the said Sir John Aresken of Alva they doe heirby nominat and appoint Leivetennent Collonell John Areskin depute governour of the Castle of Stirleing to be Shirreff in both the above Shyres of Stirleing and Clackmanan to the speciall effect in the petitione with full power to him to hold courts and receave inventars of the petitioners fathers Heretadge And Signe the Same Judiciallie that the Same may be recorded Conforme to the act of parliament

1. NRS, PC2/26, 116v-117r.

1. NRS, PC2/26, 116v-117r.

Judicial Proceeding, 6 February 1696, Edinburgh

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D1696/2/71

Judicial Proceeding

Lockhart of Castlehill

The lybell at the instance of James Lockhart of Castlehill Against John Robiesone of Ernock and others being this day called in presence of The Lords of his majesties privie Cownsell And both pairties haveing declaired that they were willing to Submitt the Subject mater in the complaint the same was not red

Att Edinburgh the sixth Day of February Jaj vic nyntie six yeirs

D1696/2/71

Judicial Proceeding

Lockhart of Castlehill

The lybell at the instance of James Lockhart of Castlehill Against John Robiesone of Ernock and others being this day called in presence of The Lords of his majesties privie Cownsell And both pairties haveing declaired that they were willing to Submitt the Subject mater in the complaint the same was not red

1. NRS, PC2/26, 116v.

1. NRS, PC2/26, 116v.

Commission by the Council, 6 February 1696, Edinburgh

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D1696/2/61

Commission by the Council

Comissione Hewgh Browne anent impositiones of Twnadge

Forasmuchas by ane act of the Last Sessione of this current parliament dated the Sixtein day of Jullie Last bypast in favoures of John Adair and Captaine John Slazier His majestie with advice of the estates of parliament did staitut and ordaine that sixtein shilling Scotts should be exacted for everie twn of Forraigne Shipps which come into harboure or road within this kingdome ilk voyage and four shilling Scotts for everie twn of Scotts Ships above twelve twn burden once ilk yeir for the space of five yeirs to be applied by the privie Counsell for compleating the prospects of the most considerable castles and palaces belonging to his majestie And of severall burghs and most considerable houses belonging to these noblemen and Gentlemen of this Kingdome In copper plates by Captaine John Slazer As also appointed the foirsaid impositione upon tunnage of Shipping to be collected by the collectors of his Majesties customes And payed in to his majesties cash keeper termly to be disposed of as The Lords of privie Cownsell Should find necessarie and usefull for reimburseing what is alreadie expended on the saids works And what Shall be yet reqwisite for bringing the Same to perfectione And The Lords of his majesties privie Cownsell Considering that the foirsaids good and necessary works are much retarded and obstrwcted by the not exact collecting and uplifting of the forsaid impositione upon the tunnage and punctuall paying therof conforme to the foirsaid act of parliament which is cheifly occasioned through the want of a dwe and exact Survey made and taken of all Shipps boatts and barkes arriveing or repaireing within the ports roads Lochs and creiks of this kingdome above the burden of twelve twnn in maner specified in the said act For remeeding wherof and putting the said foirsaid act of parliament to punctuall executione The Lords of his majesties privie Counsell Have nominated and appointed And heirby nominats and appoints Hugh Browne writer in Edinburgh agent for the tacksemen of his majesties customes Dureing the tyme of the said impositione Swrveyer of all Shipps barks and boatts lyable in payment of the foirsaid impositione Laid upon tunnage Be Vertue of the act of parliament above mentioned And authorizes and impowers and warrands him to make and constitut deputes wnder him in the severall ports of this kingdome for whom he is to be ansuereable and to give comissiones to them for that effect With power to him and them to Survey and make report wnder ther hands to the collecting at the severall ports of this kingdome of the twnnage of all Shipps barks and boatts whatsoever belonging to any forraigne natione when and how oftensoever they Shall arrive and come into any harboure road Loch or Creick within this kingdome ilk voyadge And of the impositione wherinto they are lyable and of Scotts Shipps and ther impositione once every yeir Conforme wherinto the Saids collectors Shall be holdin and obleidged to collect and uplift the Same and be lyable to Doe the Same dilligence for inbringing therof as for inbringing his majesties cwstomes wherin if they faillzea they Shall be lyable to pay the foirsaid impositione themselvs Conform to the foirsaid act of parliament With power Likewayes to the Said Hugh Browne and his Saids deputs to call for the entrie and report books of the Severall custome houses within this kingdome To the effect he may know what forraigne Shippes have arrived within the Same Since the tyme prefixt by the foirsaid act of parliament And what voyadges have bein made for any of the Saids Shipps not belonging to the natives of this kingdome Since the tyme forsaid and in tyme comeing And what Shipps have belonged to this kingdome above the burden of Twelve twnn Since the tyme foirsaid That therthrough it may be knowen for what Soumes the Severall collectors are lyable of the foirsaid impositione And the Lords of his majesties privie Counsell Doe heirby appoint the said Hugh Broune to make a report to their Lordships once everie thrie moneths of his progress and Dilligence in the premisses And furder that all Shirreffs Justices of peace Magistrats of burghs and other ministers of The Law Shall give readie and present assistance to the said Hugh Browne and his deputs in the exercise of ther office and executione of the premisses And that all maisters and owners of boatts doe readiely ansuer and Serve him and his deputs with them boatts or Shipps and call for Surveying the saids Shipps and others in the roads creiks and Lochs of this kingdome upon reasoneable Satisfactione and payment to be made by him and them for the saids boatts and service therof according to the ordinary rates Sic Subscribitur Tweeddale cancelar Southerland Lauderdale Kintore Carmichaell Pollwarth Adam Cockburne William Anstruther Ludovick Grant, Archibald Murray Thomas Burne

Att Edinburgh the sixth Day of February Jaj vic nyntie six yeirs

D1696/2/61

Commission by the Council

Comissione Hewgh Browne anent impositiones of Twnadge

Forasmuchas by ane act of the Last Sessione of this current parliament dated the Sixtein day of Jullie Last bypast in favoures of John Adair and Captaine John Slazier His majestie with advice of the estates of parliament did staitut and ordaine that sixtein shilling Scotts should be exacted for everie twn of Forraigne Shipps which come into harboure or road within this kingdome ilk voyage and four shilling Scotts for everie twn of Scotts Ships above twelve twn burden once ilk yeir for the space of five yeirs to be applied by the privie Counsell for compleating the prospects of the most considerable castles and palaces belonging to his majestie And of severall burghs and most considerable houses belonging to these noblemen and Gentlemen of this Kingdome In copper plates by Captaine John Slazer As also appointed the foirsaid impositione upon tunnage of Shipping to be collected by the collectors of his Majesties customes And payed in to his majesties cash keeper termly to be disposed of as The Lords of privie Cownsell Should find necessarie and usefull for reimburseing what is alreadie expended on the saids works And what Shall be yet reqwisite for bringing the Same to perfectione And The Lords of his majesties privie Cownsell Considering that the foirsaids good and necessary works are much retarded and obstrwcted by the not exact collecting and uplifting of the forsaid impositione upon the tunnage and punctuall paying therof conforme to the foirsaid act of parliament which is cheifly occasioned through the want of a dwe and exact Survey made and taken of all Shipps boatts and barkes arriveing or repaireing within the ports roads Lochs and creiks of this kingdome above the burden of twelve twnn in maner specified in the said act For remeeding wherof and putting the said foirsaid act of parliament to punctuall executione The Lords of his majesties privie Counsell Have nominated and appointed And heirby nominats and appoints Hugh Browne writer in Edinburgh agent for the tacksemen of his majesties customes Dureing the tyme of the said impositione Swrveyer of all Shipps barks and boatts lyable in payment of the foirsaid impositione Laid upon tunnage Be Vertue of the act of parliament above mentioned And authorizes and impowers and warrands him to make and constitut deputes wnder him in the severall ports of this kingdome for whom he is to be ansuereable and to give comissiones to them for that effect With power to him and them to Survey and make report wnder ther hands to the collecting at the severall ports of this kingdome of the twnnage of all Shipps barks and boatts whatsoever belonging to any forraigne natione when and how oftensoever they Shall arrive and come into any harboure road Loch or Creick within this kingdome ilk voyadge And of the impositione wherinto they are lyable and of Scotts Shipps and ther impositione once every yeir Conforme wherinto the Saids collectors Shall be holdin and obleidged to collect and uplift the Same and be lyable to Doe the Same dilligence for inbringing therof as for inbringing his majesties cwstomes wherin if they faillzea they Shall be lyable to pay the foirsaid impositione themselvs Conform to the foirsaid act of parliament With power Likewayes to the Said Hugh Browne and his Saids deputs to call for the entrie and report books of the Severall custome houses within this kingdome To the effect he may know what forraigne Shippes have arrived within the Same Since the tyme prefixt by the foirsaid act of parliament And what voyadges have bein made for any of the Saids Shipps not belonging to the natives of this kingdome Since the tyme forsaid and in tyme comeing And what Shipps have belonged to this kingdome above the burden of Twelve twnn Since the tyme foirsaid That therthrough it may be knowen for what Soumes the Severall collectors are lyable of the foirsaid impositione And the Lords of his majesties privie Counsell Doe heirby appoint the said Hugh Broune to make a report to their Lordships once everie thrie moneths of his progress and Dilligence in the premisses And furder that all Shirreffs Justices of peace Magistrats of burghs and other ministers of The Law Shall give readie and present assistance to the said Hugh Browne and his deputs in the exercise of ther office and executione of the premisses And that all maisters and owners of boatts doe readiely ansuer and Serve him and his deputs with them boatts or Shipps and call for Surveying the saids Shipps and others in the roads creiks and Lochs of this kingdome upon reasoneable Satisfactione and payment to be made by him and them for the saids boatts and service therof according to the ordinary rates Sic Subscribitur Tweeddale cancelar Southerland Lauderdale Kintore Carmichaell Pollwarth Adam Cockburne William Anstruther Ludovick Grant, Archibald Murray Thomas Burne

1. NRS, PC2/26, 115r-116v.

1. NRS, PC2/26, 115r-116v.

Sederunt, 6 February 1696, Edinburgh

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D1696/2/52

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Lauderdale; Earl of Forfar; Earl of Kintore; Lord Carmichael; Lord Polwarth; Lord Justiceclerk; Lord Anstruther; Laird of Grant; Laird of Blackbarrony; Laird of Leyes

Att Edinburgh the sixth Day of February Jaj vic nyntie six yeirs1

D1696/2/52

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Lauderdale; Earl of Forfar; Earl of Kintore; Lord Carmichael; Lord Polwarth; Lord Justiceclerk; Lord Anstruther; Laird of Grant; Laird of Blackbarrony; Laird of Leyes

1. NRS, PC2/26, 115r.

2. NRS, PC2/26, 113v-115r.

1. NRS, PC2/26, 115r.

2. NRS, PC2/26, 113v-115r.