Tag Archives: 8 January 1695

Act, 8 January 1695, Edinburgh

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Edinburgh the Tenth day of January Jaj vjc nyntie five years

D1695/1/161

Act

Act Mr Duncan Menzies minister at Weyme

Anent a Petition given in to the Lords of his Majesties privy Councill be Mr Duncan Menzies minister at Weyme Shewing That quher albeit the petitioner was admitted minister to the paroch Church of Weyme upon the twelth day of september Last Conforme to the petitioners act of Admission therwith produced and has ever since been in the actuall and uninterupted exercise of the Ministrie and in uplifting the modificed Locall stipend of the said paroch yet nevertheless Mr James Strachan late minister at the said paroch Church who was deposed be the presbytrie of Pearth for scandallous and gross Immoralities does most unwarrantably keep the possessione therof to the petitioner by delyvering the keyes notwithstanding that he was severall times requyred therto as ane instrument taken against him theranent fully bears Wherthrow Its necessar for the petitioner to have the saids Lords Warrand for letters against the said Mr James Strachan for removeing him out of the said manse And Therfore Humbly Craveing the saids Lords would take the premisses to ther Consideration and to grant warrand for letters of horning at the petitioners instance against the said Mr James Strachan for delyvering the keyes of the said manse to the petitioner and removeing him therfrae to the effect the petitioner may enter to the peaceable possession therof Conforme to his act of admissione and the acts of parliament made theranent as the petition bears The Lords of his majesties privy Councill having Considered the above petition given in to them be the above Mr Duncan Meinzies, They heirby Ordaine the above Mr James Strachan to delyver up the keyes of the Manse of Weyme to the petitioners and to remove himself his wyfe bairnes servants and others furth and frae the said manse and leave the samen void and redd to the effect the petitioner may enter to the peacable possessione therof Conforme to his said act of Admissione and acts of parliament made theranent And Ordaines letters on fiftein dayes and others needfull to be direct heiron in forme as effeirs.

Edinburgh the Tenth day of January Jaj vjc nyntie five years

D1695/1/161

Act

Act Mr Duncan Menzies minister at Weyme

Anent a Petition given in to the Lords of his Majesties privy Councill be Mr Duncan Menzies minister at Weyme Shewing That quher albeit the petitioner was admitted minister to the paroch Church of Weyme upon the twelth day of september Last Conforme to the petitioners act of Admission therwith produced and has ever since been in the actuall and uninterupted exercise of the Ministrie and in uplifting the modificed Locall stipend of the said paroch yet nevertheless Mr James Strachan late minister at the said paroch Church who was deposed be the presbytrie of Pearth for scandallous and gross Immoralities does most unwarrantably keep the possessione therof to the petitioner by delyvering the keyes notwithstanding that he was severall times requyred therto as ane instrument taken against him theranent fully bears Wherthrow Its necessar for the petitioner to have the saids Lords Warrand for letters against the said Mr James Strachan for removeing him out of the said manse And Therfore Humbly Craveing the saids Lords would take the premisses to ther Consideration and to grant warrand for letters of horning at the petitioners instance against the said Mr James Strachan for delyvering the keyes of the said manse to the petitioner and removeing him therfrae to the effect the petitioner may enter to the peaceable possession therof Conforme to his act of admissione and the acts of parliament made theranent as the petition bears The Lords of his majesties privy Councill having Considered the above petition given in to them be the above Mr Duncan Meinzies, They heirby Ordaine the above Mr James Strachan to delyver up the keyes of the Manse of Weyme to the petitioners and to remove himself his wyfe bairnes servants and others furth and frae the said manse and leave the samen void and redd to the effect the petitioner may enter to the peacable possessione therof Conforme to his said act of Admissione and acts of parliament made theranent And Ordaines letters on fiftein dayes and others needfull to be direct heiron in forme as effeirs.

1. NRS, PC2/25, 142v-143r.

1. NRS, PC2/25, 142v-143r.

Act, 8 January 1695, Edinburgh

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Edinburgh the Tenth day of January Jaj vjc nyntie five years

D1695/1/151

Act

Act Jean 2 Durhame3 Against John Foubster her husband

Anent a petition given in to the Lords of his Majesties privy Councill be Jean Durhame spouse to John Foubster indwaller in Edinburgh Shewing That quher the petitioner being maried to the said John Foubster about a twelue moneth agoe or therby The said John Laying aside all fear of God and Conjugall affectione he did most barbarously and unnaturally maletreat and abuse the petitioner by beating of the petitioner in a Cruell maner, so that he4 was necessitate at length to flee to her fathers house quher the petitioner Continued untill he being touched with some sense of his unnaturall barbarity did come and acknowledge the same and promised and protested to behave himself most dutifully in time comeing notwithstanding quherof within a few dayes therafter he did returne to his former Course of lyfe and within some few weeks after he was brought to bed he did in the petitioners fathers house beat the petitioner most Cruelly and undoubtedly would have murdered the petitioner if she hade not been rescued by the petitioners brother and others in the house which being represented and Clearly proven before the shiref of Linlithgow he was Imprisoned by the said shireff in the Tolbooth of5 Linlithgow, and ther after set at Libertie upon his finding Cautione for his good behavior and albeit the petitioner was desyred by her freinds never to Cohabit with him againe, yet upon his acknowledgment of the injury done to the petitioner and his seeingly sincesyre promise, yea and often that he should behave himself dutiefully with that Love and affection due to a wife the petitioner was againe induced to Cohabit with him, notwithstanding of all which within a few dayes therafter he did againe about the midle of October Last beat the petitioner most barbarously telling the petitioner that the petitioner hade not her freinds by her to assist her, and if the petitioner hade not Cryed out for help he would have Certainly murdered the petitioner with ane sword which he hade hid in the bedd for that purpose, and which being represented to the magistrats of Edinburgh they after tryall and probatione taken in the affair did Comitt him to prisone in Edinburgh wher he is yet present And seing the petitioner and her Child Cannot Cohabit with any security of her lyfe with the said John Foubster In respect of this Cruell and inhumane barbarities practised upon the petitioner and it being nottour that the said John Foubster did severall times attempt to take away the life of his father as could be proven by a bill given in to the baillies of Edinburgh therwith produced And that the petitioner and her Child hath nothing to Subsist upon and that the said John is squandering dilapidating and puting away his Means And Therfore humbly Craveing the saids Lords would take the premisses to ther Consideratione and In Regaird of the said Circumstances of the petitioner to sequestrat so much of his means and fortune which is about seven thousand merks in money (besides his heritage in Leithweynd) for ane fond of subsistance and aliement to the petitioner and her Child as the saids Lords in their Justice shall think fitt and ordaine the same to be payed by the persones debitors to him and to order the same to be secured for ane stock to the petitioner and her Chyld seing the petitioner dare not without manifast hazard of his life and Child againe adventur to Cohabit with him as the petition bears Which being read in presence of the saids Lords They allowed the said John Foubster to see and answer the same against thursday then nixt and in the mean time allowed the Clerks of Councill to give out letters of areistment for arreisting all debts soumes of money and rents belonging to the said John ay and quhill suficient Caution be found acted in the books of privy Councill that the same shall be made furth comeing to the petitioner who haveing according Got a Copie of the said petition Gave in answers therto And the said bill and answers being read in presence of the saids Lords They Remitted the same to a Comitty of ther oun number and appoynted the petitioner to addue probatione anent the deeds of violence done to her and alsoe anent the value of his estate who accordingly haveing adduced severall famous witnesses before the Comitty They deponed according to ther depositiones extant in proces And the said John Foubster himself being examined before the said Comitty upon his oath deponed Conforme to his deposition alsoe extant in proces bears And The saids Lords of his Majesties privy Councill Having this day Considered the petitiones and answers given in to them hinc inde for Jean Durhame and John Foubster her husband with the oath and deposition of the said John anent the value and Conditione of his estate and fortune They heirby modifie the soume of thrie hundred merks scots to be payed by the said John to his said spouse for aliment to herself and Chyld procreat betwixt him and her, And Ordaines the said Jon to Grant securitie to her for payment of the said aliement termly Commenceing from mertimis Last begining the first termes payment at Whitsunday nixt as for the terme preceiding and so furth termly therafter And Ordaines the said John Foubster to give bond and suficient Cautione acted in the books of privy Councill that he shall keep the peice and particularly that Alexander Durhame of Duntarvie his wife bairnes men tenents and servants shall be harmless and skaithless of the said John Foubster in ther persones and in the peacable possessione of their Lands heritages tacks stedings roomes and possessiones and on nowayes shall be troubled or molested be him theruntill nor be no others of his Causing sending hounding out Comand resett asistance or Ratihabition whom he may stopt or lett directly or indirectly frae the day and date of ther presents for that effect and in tyme comeing otherwayes then be order of Law and Justice under the penalty of one thousand merks scots money and appoints the said John to Continue prisoner untill he fulfill the said sentance of Councill and Ordaines letters of horning on six dayes under other executiones needfull to pass heiron in forme as effeirs.

Edinburgh the Tenth day of January Jaj vjc nyntie five years

D1695/1/151

Act

Act Jean 2 Durhame3 Against John Foubster her husband

Anent a petition given in to the Lords of his Majesties privy Councill be Jean Durhame spouse to John Foubster indwaller in Edinburgh Shewing That quher the petitioner being maried to the said John Foubster about a twelue moneth agoe or therby The said John Laying aside all fear of God and Conjugall affectione he did most barbarously and unnaturally maletreat and abuse the petitioner by beating of the petitioner in a Cruell maner, so that he4 was necessitate at length to flee to her fathers house quher the petitioner Continued untill he being touched with some sense of his unnaturall barbarity did come and acknowledge the same and promised and protested to behave himself most dutifully in time comeing notwithstanding quherof within a few dayes therafter he did returne to his former Course of lyfe and within some few weeks after he was brought to bed he did in the petitioners fathers house beat the petitioner most Cruelly and undoubtedly would have murdered the petitioner if she hade not been rescued by the petitioners brother and others in the house which being represented and Clearly proven before the shiref of Linlithgow he was Imprisoned by the said shireff in the Tolbooth of5 Linlithgow, and ther after set at Libertie upon his finding Cautione for his good behavior and albeit the petitioner was desyred by her freinds never to Cohabit with him againe, yet upon his acknowledgment of the injury done to the petitioner and his seeingly sincesyre promise, yea and often that he should behave himself dutiefully with that Love and affection due to a wife the petitioner was againe induced to Cohabit with him, notwithstanding of all which within a few dayes therafter he did againe about the midle of October Last beat the petitioner most barbarously telling the petitioner that the petitioner hade not her freinds by her to assist her, and if the petitioner hade not Cryed out for help he would have Certainly murdered the petitioner with ane sword which he hade hid in the bedd for that purpose, and which being represented to the magistrats of Edinburgh they after tryall and probatione taken in the affair did Comitt him to prisone in Edinburgh wher he is yet present And seing the petitioner and her Child Cannot Cohabit with any security of her lyfe with the said John Foubster In respect of this Cruell and inhumane barbarities practised upon the petitioner and it being nottour that the said John Foubster did severall times attempt to take away the life of his father as could be proven by a bill given in to the baillies of Edinburgh therwith produced And that the petitioner and her Child hath nothing to Subsist upon and that the said John is squandering dilapidating and puting away his Means And Therfore humbly Craveing the saids Lords would take the premisses to ther Consideratione and In Regaird of the said Circumstances of the petitioner to sequestrat so much of his means and fortune which is about seven thousand merks in money (besides his heritage in Leithweynd) for ane fond of subsistance and aliement to the petitioner and her Child as the saids Lords in their Justice shall think fitt and ordaine the same to be payed by the persones debitors to him and to order the same to be secured for ane stock to the petitioner and her Chyld seing the petitioner dare not without manifast hazard of his life and Child againe adventur to Cohabit with him as the petition bears Which being read in presence of the saids Lords They allowed the said John Foubster to see and answer the same against thursday then nixt and in the mean time allowed the Clerks of Councill to give out letters of areistment for arreisting all debts soumes of money and rents belonging to the said John ay and quhill suficient Caution be found acted in the books of privy Councill that the same shall be made furth comeing to the petitioner who haveing according Got a Copie of the said petition Gave in answers therto And the said bill and answers being read in presence of the saids Lords They Remitted the same to a Comitty of ther oun number and appoynted the petitioner to addue probatione anent the deeds of violence done to her and alsoe anent the value of his estate who accordingly haveing adduced severall famous witnesses before the Comitty They deponed according to ther depositiones extant in proces And the said John Foubster himself being examined before the said Comitty upon his oath deponed Conforme to his deposition alsoe extant in proces bears And The saids Lords of his Majesties privy Councill Having this day Considered the petitiones and answers given in to them hinc inde for Jean Durhame and John Foubster her husband with the oath and deposition of the said John anent the value and Conditione of his estate and fortune They heirby modifie the soume of thrie hundred merks scots to be payed by the said John to his said spouse for aliment to herself and Chyld procreat betwixt him and her, And Ordaines the said Jon to Grant securitie to her for payment of the said aliement termly Commenceing from mertimis Last begining the first termes payment at Whitsunday nixt as for the terme preceiding and so furth termly therafter And Ordaines the said John Foubster to give bond and suficient Cautione acted in the books of privy Councill that he shall keep the peice and particularly that Alexander Durhame of Duntarvie his wife bairnes men tenents and servants shall be harmless and skaithless of the said John Foubster in ther persones and in the peacable possessione of their Lands heritages tacks stedings roomes and possessiones and on nowayes shall be troubled or molested be him theruntill nor be no others of his Causing sending hounding out Comand resett asistance or Ratihabition whom he may stopt or lett directly or indirectly frae the day and date of ther presents for that effect and in tyme comeing otherwayes then be order of Law and Justice under the penalty of one thousand merks scots money and appoints the said John to Continue prisoner untill he fulfill the said sentance of Councill and Ordaines letters of horning on six dayes under other executiones needfull to pass heiron in forme as effeirs.

1. NRS, PC2/25, 140v-142r.

2. The word ‘Foubster’ scored out here.

3. Insertion.

4. Sic.

5. The word ‘Edinburgh’ scored out here.

1. NRS, PC2/25, 140v-142r.

2. The word ‘Foubster’ scored out here.

3. Insertion.

4. Sic.

5. The word ‘Edinburgh’ scored out here.

Act, 8 January 1695, Edinburgh

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Edinburgh the Tenth day of January Jaj vjc nyntie five years

D1695/1/141

Act

Act William Strachan

Anent a Petition given in to the Lords of his Majesties privy Councill be William Strachan of Edendiash Chamberland to the Duke of Gordon Shewing That the petitioner haveing given in the accounts of the arreirs due by the forces to the Duke of Gordons tennants with the instructions therof to Sir James Grant the dukes advocat to the effect that he might have gott the saids accompts and instructions revised and approven of by ther Lordships and payment ordered therfore and now Sir James Grant being dead his Lady refuses to give up the saids accompts and instructiones of the same being unwilling to medle with any of her husbands papers without ane order for her warrand And Therfore Humbly Craveing the saids Lords to order all the forsaids accompts and instructiones to be delivered to the petitioner who most be Comptable to the Duke therfore and Lykewayes that ther Lordships would apoint some of ther oun number to revise the said Accompts and instructions and order payment therfore according to the act of parliament theranent as the petition bears The Lords of his majesties privy Councill having Considered the above petition given in to them be the above William Strachan They heirby appoint Sir James Grants Lady to give up to the petitioner the above accompts and instructions upon inventar and recept of the same.

Edinburgh the Tenth day of January Jaj vjc nyntie five years

D1695/1/141

Act

Act William Strachan

Anent a Petition given in to the Lords of his Majesties privy Councill be William Strachan of Edendiash Chamberland to the Duke of Gordon Shewing That the petitioner haveing given in the accounts of the arreirs due by the forces to the Duke of Gordons tennants with the instructions therof to Sir James Grant the dukes advocat to the effect that he might have gott the saids accompts and instructions revised and approven of by ther Lordships and payment ordered therfore and now Sir James Grant being dead his Lady refuses to give up the saids accompts and instructiones of the same being unwilling to medle with any of her husbands papers without ane order for her warrand And Therfore Humbly Craveing the saids Lords to order all the forsaids accompts and instructiones to be delivered to the petitioner who most be Comptable to the Duke therfore and Lykewayes that ther Lordships would apoint some of ther oun number to revise the said Accompts and instructions and order payment therfore according to the act of parliament theranent as the petition bears The Lords of his majesties privy Councill having Considered the above petition given in to them be the above William Strachan They heirby appoint Sir James Grants Lady to give up to the petitioner the above accompts and instructions upon inventar and recept of the same.

1. NRS, PC2/25, 140r-140v.

1. NRS, PC2/25, 140r-140v.

Act, 8 January 1695, Edinburgh

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Edinburgh the Tenth day of January Jaj vjc nyntie five years

D1695/1/131

Act

Act Mr Hew Craig

Anent a Petition given in to the Lords of his Majesties privy Councill be Mr Hew Craig minister at Galla with Consent of Hew Scot of Galla patron of the parochine for his intrest Shewing That quho the petitioner haveing received ane unanimous Call from the parishioners of the parosh of Gallosheills a litle after Whitsunday Jaj vjc nyntie two He did therafter preach frequently at the Church of Galla and was at Considerable expences not only by his frequent Jurneyes from his oun house to the toune of Galla Bot likwayes in transporting of his familly being at so great a distance and haveing been ordained minister shortly after michellmiss Jaj vjc nyntie two the presbytrie of that bounds did visit the Church and manse of Galla and by their act of presbytrie therwith produced Recomend that the stipend of the year Jaj vjc nyntie two should be bestowed upon the repairationes of the kirk and manse Extending to upwards of two hundred and twenty punds and the remander on the petitioner for the Causes above represented. And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned The Lords of his Majesties privy Councill having Considered the above petition given in to them be the above Mr Hew Craig with the patrones Consent at the end therof and the presbytries act mentioned in and produced with the said petitione They heirby allow to the petitioner The vaccand stipend of the above Kirk of Gallasheills for the haill Cropt and year of God Jaj vjc nyntie two And Ordaines him to be readiely answered obeyed and payed therof be the heritors fewers wodsetters fermors titulars tacksmen of Teynds tennents possessors and others Lyable in payment therof and ordaines letters of horning to be direct at the petitioners instance against them for that effect He allwayes produceing a decreet of Locality and in case ther be non; Ordaines these Lyable to make payment of ther respective proportiones according as they shall be Decerned be the Judge ordinar In Respect the petitioner has given bond and fund suficient Cautione acted in the books of privy Councill That he shall Imploy as much of the said years stipend as is necessary upon the repairationes of the said Kirk and manse of Gallosheills be vertue of the above act of the presbytrie of Selkirk past at ther visitatione of the said kirk and manse dated the nynth day of January Jaj vjc nyntie four years.

Edinburgh the Tenth day of January Jaj vjc nyntie five years

D1695/1/131

Act

Act Mr Hew Craig

Anent a Petition given in to the Lords of his Majesties privy Councill be Mr Hew Craig minister at Galla with Consent of Hew Scot of Galla patron of the parochine for his intrest Shewing That quho the petitioner haveing received ane unanimous Call from the parishioners of the parosh of Gallosheills a litle after Whitsunday Jaj vjc nyntie two He did therafter preach frequently at the Church of Galla and was at Considerable expences not only by his frequent Jurneyes from his oun house to the toune of Galla Bot likwayes in transporting of his familly being at so great a distance and haveing been ordained minister shortly after michellmiss Jaj vjc nyntie two the presbytrie of that bounds did visit the Church and manse of Galla and by their act of presbytrie therwith produced Recomend that the stipend of the year Jaj vjc nyntie two should be bestowed upon the repairationes of the kirk and manse Extending to upwards of two hundred and twenty punds and the remander on the petitioner for the Causes above represented. And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned The Lords of his Majesties privy Councill having Considered the above petition given in to them be the above Mr Hew Craig with the patrones Consent at the end therof and the presbytries act mentioned in and produced with the said petitione They heirby allow to the petitioner The vaccand stipend of the above Kirk of Gallasheills for the haill Cropt and year of God Jaj vjc nyntie two And Ordaines him to be readiely answered obeyed and payed therof be the heritors fewers wodsetters fermors titulars tacksmen of Teynds tennents possessors and others Lyable in payment therof and ordaines letters of horning to be direct at the petitioners instance against them for that effect He allwayes produceing a decreet of Locality and in case ther be non; Ordaines these Lyable to make payment of ther respective proportiones according as they shall be Decerned be the Judge ordinar In Respect the petitioner has given bond and fund suficient Cautione acted in the books of privy Councill That he shall Imploy as much of the said years stipend as is necessary upon the repairationes of the said Kirk and manse of Gallosheills be vertue of the above act of the presbytrie of Selkirk past at ther visitatione of the said kirk and manse dated the nynth day of January Jaj vjc nyntie four years.

1. NRS, PC2/25, 139v-140r.

1. NRS, PC2/25, 139v-140r.

Sederunt, 8 January 1695, Edinburgh

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Edinburgh the Tenth day of January Jaj vjc nyntie five years1

D1695/1/122

Sederunt

Earl of Melvill p: S:; Earl of Argyll; Earl of Mortone; Earl of Cassills; Earl of Leven; Earl of Annandale preces; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Lord Raith; Lord Carmichell; Lord Polwarth; Lord Advocat; Lord Justice Clerk; Lord Hatton; Laird of Grant

Edinburgh the Tenth day of January Jaj vjc nyntie five years1

D1695/1/122

Sederunt

Earl of Melvill p: S:; Earl of Argyll; Earl of Mortone; Earl of Cassills; Earl of Leven; Earl of Annandale preces; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Lord Raith; Lord Carmichell; Lord Polwarth; Lord Advocat; Lord Justice Clerk; Lord Hatton; Laird of Grant

1. NRS, PC2/25, 139v.

2. NRS, PC2/25, 139v.

1. NRS, PC2/25, 139v.

2. NRS, PC2/25, 139v.