Tag Archives: 9 April 1695 (pm)

Act, 9 April 1695 (pm), Edinburgh

Posted on by

[9 April 1695] Eodem die Post meridiem

D1695/4/71

Act

Act Margret Hamiltone Lady Harwood

Anent a Petition given in to the Lords2 of his majesties privy Councill be Margret Hamiltone relict of Mongo Lockhart of Harwood Shewing That quher the petitioner was maried to her said husband about the moneth of november Jaj vjc nyntie thrie and that it pleased to God to remove him by death in the moneth of February Jaj vjc nyntie five Last by past Liveing her with Child so that the petitioner is wholly unprovyded of any aliement either for her self or for the defuncts familly or for the Child in her belly when it shall be brought forth, And seing that the petitioners said deceast husbands estate is worth the soum of Eightein Hundred merks yearly and that the forsaid postumus Child when brought furth is Certainly to succeid therto, And that ther are neither Creditors nor others than can Compet with her and her said Child anent the premises so that in all reasone the petitioner ought to have a Competent allowance out of the forsaid estate for the mantinance of her self and the defuncts familly ay and whill the terme of Whitsunday nixt as also for her self and her said posthumus Child ay and whill that she obtaine a legall Security for her teirce ther having been no Contract of mariadge betwixt them And Therfore Humbly Craving the saids Lords would be pleased in Consideratione of the premises and of the absolute and visible necessity of petitioners subsistance as said is to modifie into the petitioner such a soume of aliement as shall be thought reasonable for the petitioner and the said familly untill the said terme of Whitsunday nixt And farder to modifie for her and her said Postumus Child ane aliement for therafter and the same to be payed yearly and termly ay and whill that the petitioner be secured as said is And for that effect to ordaine the tennants and possessors of the said land and estate of Harwood whose names are heirwith given up in List to make payment to the petitioner out of the first and readiest of the rents due by them of the forsaid soumes to be modified by their Lordships as above and at the termes to be therto appointed, and to ordaine letters to be direct against them for that effect as the petition bears The Lords of his majesties privy Councill haveing Considered a petitione given in to them be Margrat Hamiltone relict of3 Mongo4 Lockhart of Harwood with another petition be Margret Lockhart of Harwood daughter to the said Mongo Lockhart They heirby modifie the superplus of the rents of the said estate of Harwood more then will satisfie the defuncts mothers Lyfrent provisione and the annualrents of the debts due upon the estate since the terme of mertimiss Last provyding the said superpluse does not exceid the Soume of Fyve Hundred merks scots to which the said aliement is heirby restricted, and that as ane aliement is heirby restricted, and that as ane aliement for mantinance of the said Margret Hamiltone and her familly and Child for the space of ane year Comensing from Mertimiss last o Mertimiss nixt begining the first termes payment at the terme of Whitsunday nixt to come and the other terme at the said terme of mertimiss nixt to come And Decernes and Ordaines the persones following tennents in the saids Lands of Harwood viz William Wallace in the maynes of Harwood Richard Wallace in Westertoune John Wallace in Mossend, James Wallace ther John Weir in Roseats John Segie in Cowhill and William Lockhart in the Comon brae To make payment to the said Margret Hamiltone of the forsaid aliement at the termes abovewritten the termes of payment being first come and bygone and Ordaines letters of horning on fiftein dayes and others needfull to be direct heiron in form as effeirs

[9 April 1695] Eodem die Post meridiem

D1695/4/71

Act

Act Margret Hamiltone Lady Harwood

Anent a Petition given in to the Lords2 of his majesties privy Councill be Margret Hamiltone relict of Mongo Lockhart of Harwood Shewing That quher the petitioner was maried to her said husband about the moneth of november Jaj vjc nyntie thrie and that it pleased to God to remove him by death in the moneth of February Jaj vjc nyntie five Last by past Liveing her with Child so that the petitioner is wholly unprovyded of any aliement either for her self or for the defuncts familly or for the Child in her belly when it shall be brought forth, And seing that the petitioners said deceast husbands estate is worth the soum of Eightein Hundred merks yearly and that the forsaid postumus Child when brought furth is Certainly to succeid therto, And that ther are neither Creditors nor others than can Compet with her and her said Child anent the premises so that in all reasone the petitioner ought to have a Competent allowance out of the forsaid estate for the mantinance of her self and the defuncts familly ay and whill the terme of Whitsunday nixt as also for her self and her said posthumus Child ay and whill that she obtaine a legall Security for her teirce ther having been no Contract of mariadge betwixt them And Therfore Humbly Craving the saids Lords would be pleased in Consideratione of the premises and of the absolute and visible necessity of petitioners subsistance as said is to modifie into the petitioner such a soume of aliement as shall be thought reasonable for the petitioner and the said familly untill the said terme of Whitsunday nixt And farder to modifie for her and her said Postumus Child ane aliement for therafter and the same to be payed yearly and termly ay and whill that the petitioner be secured as said is And for that effect to ordaine the tennants and possessors of the said land and estate of Harwood whose names are heirwith given up in List to make payment to the petitioner out of the first and readiest of the rents due by them of the forsaid soumes to be modified by their Lordships as above and at the termes to be therto appointed, and to ordaine letters to be direct against them for that effect as the petition bears The Lords of his majesties privy Councill haveing Considered a petitione given in to them be Margrat Hamiltone relict of3 Mongo4 Lockhart of Harwood with another petition be Margret Lockhart of Harwood daughter to the said Mongo Lockhart They heirby modifie the superplus of the rents of the said estate of Harwood more then will satisfie the defuncts mothers Lyfrent provisione and the annualrents of the debts due upon the estate since the terme of mertimiss Last provyding the said superpluse does not exceid the Soume of Fyve Hundred merks scots to which the said aliement is heirby restricted, and that as ane aliement is heirby restricted, and that as ane aliement for mantinance of the said Margret Hamiltone and her familly and Child for the space of ane year Comensing from Mertimiss last o Mertimiss nixt begining the first termes payment at the terme of Whitsunday nixt to come and the other terme at the said terme of mertimiss nixt to come And Decernes and Ordaines the persones following tennents in the saids Lands of Harwood viz William Wallace in the maynes of Harwood Richard Wallace in Westertoune John Wallace in Mossend, James Wallace ther John Weir in Roseats John Segie in Cowhill and William Lockhart in the Comon brae To make payment to the said Margret Hamiltone of the forsaid aliement at the termes abovewritten the termes of payment being first come and bygone and Ordaines letters of horning on fiftein dayes and others needfull to be direct heiron in form as effeirs

1. NRS, PC2/25, 229v-230v.

2. The letters ‘Com’ scored out here.

3. The word ‘Margrat’ scored out here.

4. Insertion.

1. NRS, PC2/25, 229v-230v.

2. The letters ‘Com’ scored out here.

3. The word ‘Margrat’ scored out here.

4. Insertion.

Act, 9 April 1695 (pm), Edinburgh

Posted on by

[9 April 1695] Eodem die Post meridiem

D1695/4/61

Act

Act Sir John Ramsay etc

Anent the petition given in to the Lords of his Majesties privy Councill be Sir John Ramsay of Whythill, James Murray of Poltoune and Gilbert Hay of Bridglands Shewing That quher the petitioners and ther tennents are most unjustly Charged for payment of Two hundreth merks the one half to be payed to the shyre wher they Live for the publict use therof, and the other half to John Adair Geographar for ther alledged being deficient in puting out of ane man to the late Levie appoynted be act of parliament (the man being put out be the valued rent) and he the said Sir John Ramsay having accordingly performend the same as to all the petitioners other Lands and was and is willing to performe the samen as to the Lands of Whithill Conforme to his true valuation and proportion of outreik of the hundred and nyntein men put out be the shire And likwayes the said James Murray and Gilbert Hay is and allwayes were most willing to have Contribute for ther true proportiones Conforme to ther valuationes But to evidence to the saids Lords how maliciously they are all oppressed in this affair albeit they did in due time meet at Cockpen and apply to him being appointed overseer be the shyre to proportione the Cost of the paroches of Cranstoune, Carriengtoun and Cockpen for remeid, Which he refused and now the petitioners being Charged for thrie times more then ther true valuation, In so farr as the said thrie paroches being valued to Eleven thousand thrie hundred and Fiftie nyne pund fiftein shilling and five pennies, The valuatione of the petitioners lands is included and is only seven hundred and twentie one pund thretein shilling four penies Which when Calculat the petitioners proportion will not extend to at thrid part of the outreik of one man albeit they be made Lyable for ane wholl man, and the petitioners being Imediatly to be poynded therfore Did apply themselves by ane petition to the earle of Annandale Lord President of his majesties privy Councill for ane sist of executione till the Councill should sitt, That the petitioners might apply themselves to the saids Lords and get the injurie done to them rectified His Lordship did accordingly sist executione till the tenth day of this instant; And seing this as the Last day of the Sist, and that it is evident be the extract of the valuatione of the said thrie paroches under the Clerks hands therwith produced how they are injured and oppressed and that they were allwayes and still are most willing to pay ther respective proportiones of the said outreik as any within the saids thrie2 paroches Conforme to ther valuationes either as to the valued rent or proportions of the said outreik of one hundred and nyntein appointed to be Levid of the shyre And Therfore humbly Craveing the saids Lords would be pleased to take the premmises to ther Serious Consideratione and to ordaine the shirref depute of Midlothian who is appointed be their Lordships for Collecting and inbringing of the said deficiencies To receive ther true proportiones of ther hands Conforme to their valuationes, And in the mean time to Discharge any furder executione against them or ther tennents for that effect as the petitione bears The Lords of his majesties privy Councill haveing Considered this petition given in to them be the above Sir John Ramsay and others They heirby refuse the desyre therof Reserving to the petitioners their releiff against the rest of the heritors pro rata to be pursued for before the shirreff of the shyre or the Commissioner of supply within the same.

[9 April 1695] Eodem die Post meridiem

D1695/4/61

Act

Act Sir John Ramsay etc

Anent the petition given in to the Lords of his Majesties privy Councill be Sir John Ramsay of Whythill, James Murray of Poltoune and Gilbert Hay of Bridglands Shewing That quher the petitioners and ther tennents are most unjustly Charged for payment of Two hundreth merks the one half to be payed to the shyre wher they Live for the publict use therof, and the other half to John Adair Geographar for ther alledged being deficient in puting out of ane man to the late Levie appoynted be act of parliament (the man being put out be the valued rent) and he the said Sir John Ramsay having accordingly performend the same as to all the petitioners other Lands and was and is willing to performe the samen as to the Lands of Whithill Conforme to his true valuation and proportion of outreik of the hundred and nyntein men put out be the shire And likwayes the said James Murray and Gilbert Hay is and allwayes were most willing to have Contribute for ther true proportiones Conforme to ther valuationes But to evidence to the saids Lords how maliciously they are all oppressed in this affair albeit they did in due time meet at Cockpen and apply to him being appointed overseer be the shyre to proportione the Cost of the paroches of Cranstoune, Carriengtoun and Cockpen for remeid, Which he refused and now the petitioners being Charged for thrie times more then ther true valuation, In so farr as the said thrie paroches being valued to Eleven thousand thrie hundred and Fiftie nyne pund fiftein shilling and five pennies, The valuatione of the petitioners lands is included and is only seven hundred and twentie one pund thretein shilling four penies Which when Calculat the petitioners proportion will not extend to at thrid part of the outreik of one man albeit they be made Lyable for ane wholl man, and the petitioners being Imediatly to be poynded therfore Did apply themselves by ane petition to the earle of Annandale Lord President of his majesties privy Councill for ane sist of executione till the Councill should sitt, That the petitioners might apply themselves to the saids Lords and get the injurie done to them rectified His Lordship did accordingly sist executione till the tenth day of this instant; And seing this as the Last day of the Sist, and that it is evident be the extract of the valuatione of the said thrie paroches under the Clerks hands therwith produced how they are injured and oppressed and that they were allwayes and still are most willing to pay ther respective proportiones of the said outreik as any within the saids thrie2 paroches Conforme to ther valuationes either as to the valued rent or proportions of the said outreik of one hundred and nyntein appointed to be Levid of the shyre And Therfore humbly Craveing the saids Lords would be pleased to take the premmises to ther Serious Consideratione and to ordaine the shirref depute of Midlothian who is appointed be their Lordships for Collecting and inbringing of the said deficiencies To receive ther true proportiones of ther hands Conforme to their valuationes, And in the mean time to Discharge any furder executione against them or ther tennents for that effect as the petitione bears The Lords of his majesties privy Councill haveing Considered this petition given in to them be the above Sir John Ramsay and others They heirby refuse the desyre therof Reserving to the petitioners their releiff against the rest of the heritors pro rata to be pursued for before the shirreff of the shyre or the Commissioner of supply within the same.

1. NRS, PC2/25, 228v-229v.

2. Insertion.

1. NRS, PC2/25, 228v-229v.

2. Insertion.

Act, 9 April 1695 (pm), Edinburgh

Posted on by

[9 April 1695] Eodem die Post meridiem

D1695/4/51

Act

Act Robert Naesmith

Anent a Petition given in to the Lords of his Majesties privy Councill be Robert Naesmith indwaller in Haddingtoune Shewing That quher Thomas Naesmith the petitioners brother after having been about four years Maried without any Cheldrein is of late become furious which distemper after some Lesser Degrees is now brock out to that hight as that his furiosity is nottour, and all the money and estate he hade being in lying money Malt and other victuall and household plenishing and other moveables is exposed to be Imbazled by those about him to the prejudice both of himself and his nearest of kine who may succeid to him, Lykeas de facto the persones therwith given in in List are suspected to have Caried a way or to have resett his lying money and other goods, and such are the presumptions of their Imbazling that when the shirreff come upon informatione to Inventar or secure the goods they shutt the doors upon him and would give him no access, And Seing that in this case the legall remeedie most be by taking out breives and Causeing Cognose the furiosity by ane inquest that the persones furious may have administrators which cannot be so quickly done and that ther Lordships 2 authority is needfull to stopt in the mean time the forsaid Imbazlement that the poor man may not be at once deprived of his Judgment and quyt spoilled to his goods And Therfore humbly Craveing the saids Lords would Impower the shirreff of Haddingtoune or his deputs to take sumar Cognition of the said Thomas Naesmith her Condition and as he shall find the same to requyre to Cause Inventary secure and sequestrat the Lying money and haill goods and wrytes pertaineing to him as also take the oathes of the forsaid persones suspected to be Imbazlers and to secure whatsoever is in their hands and to put the wholl under due sequestratione Untill either the said Thomas Recover his health or Judgment have tutors and administrators given to him and incace the shirreff meet with any opposition the saids Lords would be pleased to ordaine farder that he may make and use the kings keyes for the end forsaid allenarly as the petition bears The Lords of his Majesties privy Councill haveing Considered this petition given in to them be the above Robert Naesmith They heirby Authorize and Impower the shirreff principall of the shyre of Haddingtone or his deputs to like sumar Cognition of the above Thomas Naesmith his Condition and as they shall find the same to requyre To Cause Inventar Secure and Sequestrat the Lying money and haill goods and wrytes pertaineing to him and also to take the oathes of Elizabeth Syme Spouse to the said Thomas Anna Crowden her servant Margaret Thomsone Jannet Cochran and John Livingstoune Servants Robert Brown Litster in Haddingtoune and Margaret Neilsone his Spouse, William Browne Chirurgeon, Katharin Brown his Spouse and Robert Gordon writer in Hadingtone and of any other persones suspect to be Imbazellers and to secure what ever is in ther hands, and put the wholl under due sequestratione untill either the said Thomas recover his health and Judgment or have tutors and administrators given to him and in case the shirreff or his deputs shall happen to meett with any oppositione The saids Lords ordaines them to make the Kings letters for the end forsaid allenerlly.

[9 April 1695] Eodem die Post meridiem

D1695/4/51

Act

Act Robert Naesmith

Anent a Petition given in to the Lords of his Majesties privy Councill be Robert Naesmith indwaller in Haddingtoune Shewing That quher Thomas Naesmith the petitioners brother after having been about four years Maried without any Cheldrein is of late become furious which distemper after some Lesser Degrees is now brock out to that hight as that his furiosity is nottour, and all the money and estate he hade being in lying money Malt and other victuall and household plenishing and other moveables is exposed to be Imbazled by those about him to the prejudice both of himself and his nearest of kine who may succeid to him, Lykeas de facto the persones therwith given in in List are suspected to have Caried a way or to have resett his lying money and other goods, and such are the presumptions of their Imbazling that when the shirreff come upon informatione to Inventar or secure the goods they shutt the doors upon him and would give him no access, And Seing that in this case the legall remeedie most be by taking out breives and Causeing Cognose the furiosity by ane inquest that the persones furious may have administrators which cannot be so quickly done and that ther Lordships 2 authority is needfull to stopt in the mean time the forsaid Imbazlement that the poor man may not be at once deprived of his Judgment and quyt spoilled to his goods And Therfore humbly Craveing the saids Lords would Impower the shirreff of Haddingtoune or his deputs to take sumar Cognition of the said Thomas Naesmith her Condition and as he shall find the same to requyre to Cause Inventary secure and sequestrat the Lying money and haill goods and wrytes pertaineing to him as also take the oathes of the forsaid persones suspected to be Imbazlers and to secure whatsoever is in their hands and to put the wholl under due sequestratione Untill either the said Thomas Recover his health or Judgment have tutors and administrators given to him and incace the shirreff meet with any opposition the saids Lords would be pleased to ordaine farder that he may make and use the kings keyes for the end forsaid allenarly as the petition bears The Lords of his Majesties privy Councill haveing Considered this petition given in to them be the above Robert Naesmith They heirby Authorize and Impower the shirreff principall of the shyre of Haddingtone or his deputs to like sumar Cognition of the above Thomas Naesmith his Condition and as they shall find the same to requyre To Cause Inventar Secure and Sequestrat the Lying money and haill goods and wrytes pertaineing to him and also to take the oathes of Elizabeth Syme Spouse to the said Thomas Anna Crowden her servant Margaret Thomsone Jannet Cochran and John Livingstoune Servants Robert Brown Litster in Haddingtoune and Margaret Neilsone his Spouse, William Browne Chirurgeon, Katharin Brown his Spouse and Robert Gordon writer in Hadingtone and of any other persones suspect to be Imbazellers and to secure what ever is in ther hands, and put the wholl under due sequestratione untill either the said Thomas recover his health and Judgment or have tutors and administrators given to him and in case the shirreff or his deputs shall happen to meett with any oppositione The saids Lords ordaines them to make the Kings letters for the end forsaid allenerlly.

1. NRS, PC2/25, 227v-228v.

2. The word ‘would’ scored out here.

1. NRS, PC2/25, 227v-228v.

2. The word ‘would’ scored out here.

Act, 9 April 1695 (pm), Edinburgh

Posted on by

[9 April 1695] Eodem die Post meridiem

D1695/4/41

Act

Act The Lady Arbuthnot

Anent a Petition given in to the Lords of his Majesties privy Councill be Lady Anna Southerland Viscountess of Arbuthnot Shewing That quher the rents of the estate of Arbuthnot which Consists all in victuall is Lying upon the tennents hands who haveing in Conveniencie for grunelling of the same haveing nothing but Earthen Floores, so that it is in great hazard of being Lost seing ther is no persone to uplift or dispose upon any grame therof fore remeid therof and that the aliement appointed be the saids Lords to be payed to the younger Childrein and what is necessar for my Lord the air may be furnished ther is ane absolute necessity for ane factor Especially seing ther is no Liklyhood of any tutors being established on heast, The Laird of Knox who did designe to be tutor in Law was upon the twentie day of march last to be served before the macers by the Lords Whytlaw and Fountonhall ther assessors To whom the Just objectiones the petitioner and the rest of the freinds of the familly have against Knox his being tutor being made knowen, notwithstanding that the Breives for his Service was execute and the inquest Called and Sworne they Found that the Samen could not proceid quherfore re infecta they adjourned ther Court till the fifth of June nixt so that before this debate can be ended this years rent in the tennents hands will be rotten and lost if ther be not a factor Imediatly appointed for uplifting and disposeing upon the Samen, And the petitioners with concourse of the Earle of Southerland her father and others of her relationes shall recomend a persones fitt for that office who knowes the condition and Circumstances of the familly and who knowes the Conditione of the haill tennents who will find suficient Cautione in the saids Lords ther Clerks hands to be Comptable for his intromissione, Beside the Looking after the rents ther is a necessity for authorizeing one to Oversee the inventaring of the Chartor Chist that the condition of the familly may be knowen Which is Craved to be done by a Commissione from the saids Lords to be direct to the sheriff depute of the mearns for that effect To sight of […] ther Lordships factor and George Ards of that ilk as a freind on the mothers side And the sight of the Laird of Leyes or Glenbervie or any other their Lordships think fitt to name as a freind on the father-side And that the said factor be allowed ane exact double of the Inventar of the writtes that in case any Creditors should pursue for bygone annualrents he may know what discharge to found upon And Therfore humbly Craveing the saids Lords would take the premisses to ther Consideratione, and in Respect therof to authorize and Impower the persone to be nominat by the petitioner with Concourse forsaid as their Lordships factor to uplift sell and dispose upon the rents of the Lands of the haill estate of Arbuthnot not Lyfrented by the petitioner for the cropt of this bygone year Jaj vjc nyntie four upon his finding suficient cautione to hold Just Compt and reckoning therfore And to make payment of what shall remaine unexhaussted in his hands over and above the payment of the aliement modified be the saids Lords for her Cheldrein and what shall be called for, For the airs subsistance and over and above what shall be payed be him for publict burdeins ministers and schooll masters stipends and the Like and to such Creditors as shall recover decreets for payment of accompts furnished to the familly preceiding mertimiss Last or bygone anualrents for the which service Its recomended to ther Lordships to modifie the soume of fyve hundred merks of sallerie to the said persone to be Condescended one be the petitioner in maner abovewritten and that by and attour all maner of necessarie expenses he shall be at upon the accompt of his office and above sallerie being as litle as can be allowed to any for so troublsome a task Which was so Considered by the deceast viscount and his friends who appointed the very samen soume to be payed to the Laird of Glenbervie as administrating tutor in case the pretended nominatione hade subsisted Its alsoe humbly Craved that the saids Lords would grant warrand for Inventaring the Chartor Chist To the shireff depute of the Mearnes as the sight of the persones abovementioned The desire of this petition being so reasonable it is not questioned but ther Lordships would grant the samen Immediatly Considering the eminent danger the rents are in of parishing as the said petition bears. The Lords of his Majesties privy Counill Having Considered this petition given in to them be the Lady Anna Southerland Viscountess of Arbuthnot and answers made therto for […] Arbuthnot of Knox and others and both parties being Called Compeired personally the said viscountess with Mr Hew Dalrymple Mr Mongo Carnegy and Mr Robert Forbes her advocats and sicklike Compeired Mr George Alexander and Mr William Blacke as advocats for Arbuthnot of Knox and the rest of the answers and both parties advocats being fully heard The saids Lords Doe heirby authorize and Impower Mr Mongo Carnegy Advocat nominat by the viscountess with Consent of her father and freinds To be factor for uplifting and disposeing upon the rents of the Lands of the haill estate of Arbuthnot not lyfrented by the said viscountess for the cropt and year Jaj vjc nyntie four In Respect he hath given bond and found suficient Cautione acted in the books of privy Councill That he shall make Just Compt and reckoning of his intromissiones And that he shall make payment of what shall remaine inexhausted in his hands over and above the payment of the aliement modified by the saids Lords of privy Councill for the deceast viscount his Childrein and what shall be Called for, For the airs subsistance and over and above what shall be payed by the said2 factor for publict burdens Ministers 3 and school masters stipends and the like, and that he shall recover Decreets for payment of accompts furnished to the familly preceiding the terme of mertimiss last by post or bygone annualrents and that under the penalty of five hundred merks Scots By and attour the performance of the premisses and Refuses the desyre of the petitioner as to the Inventaring of the Chartor Chist And Modifies the soume of Fyve hundred merks scots money of Sallery to the said factor and that by and attour all maner of necessar expences he shall be at upon the account of his said office.

[9 April 1695] Eodem die Post meridiem

D1695/4/41

Act

Act The Lady Arbuthnot

Anent a Petition given in to the Lords of his Majesties privy Councill be Lady Anna Southerland Viscountess of Arbuthnot Shewing That quher the rents of the estate of Arbuthnot which Consists all in victuall is Lying upon the tennents hands who haveing in Conveniencie for grunelling of the same haveing nothing but Earthen Floores, so that it is in great hazard of being Lost seing ther is no persone to uplift or dispose upon any grame therof fore remeid therof and that the aliement appointed be the saids Lords to be payed to the younger Childrein and what is necessar for my Lord the air may be furnished ther is ane absolute necessity for ane factor Especially seing ther is no Liklyhood of any tutors being established on heast, The Laird of Knox who did designe to be tutor in Law was upon the twentie day of march last to be served before the macers by the Lords Whytlaw and Fountonhall ther assessors To whom the Just objectiones the petitioner and the rest of the freinds of the familly have against Knox his being tutor being made knowen, notwithstanding that the Breives for his Service was execute and the inquest Called and Sworne they Found that the Samen could not proceid quherfore re infecta they adjourned ther Court till the fifth of June nixt so that before this debate can be ended this years rent in the tennents hands will be rotten and lost if ther be not a factor Imediatly appointed for uplifting and disposeing upon the Samen, And the petitioners with concourse of the Earle of Southerland her father and others of her relationes shall recomend a persones fitt for that office who knowes the condition and Circumstances of the familly and who knowes the Conditione of the haill tennents who will find suficient Cautione in the saids Lords ther Clerks hands to be Comptable for his intromissione, Beside the Looking after the rents ther is a necessity for authorizeing one to Oversee the inventaring of the Chartor Chist that the condition of the familly may be knowen Which is Craved to be done by a Commissione from the saids Lords to be direct to the sheriff depute of the mearns for that effect To sight of […] ther Lordships factor and George Ards of that ilk as a freind on the mothers side And the sight of the Laird of Leyes or Glenbervie or any other their Lordships think fitt to name as a freind on the father-side And that the said factor be allowed ane exact double of the Inventar of the writtes that in case any Creditors should pursue for bygone annualrents he may know what discharge to found upon And Therfore humbly Craveing the saids Lords would take the premisses to ther Consideratione, and in Respect therof to authorize and Impower the persone to be nominat by the petitioner with Concourse forsaid as their Lordships factor to uplift sell and dispose upon the rents of the Lands of the haill estate of Arbuthnot not Lyfrented by the petitioner for the cropt of this bygone year Jaj vjc nyntie four upon his finding suficient cautione to hold Just Compt and reckoning therfore And to make payment of what shall remaine unexhaussted in his hands over and above the payment of the aliement modified be the saids Lords for her Cheldrein and what shall be called for, For the airs subsistance and over and above what shall be payed be him for publict burdeins ministers and schooll masters stipends and the Like and to such Creditors as shall recover decreets for payment of accompts furnished to the familly preceiding mertimiss Last or bygone anualrents for the which service Its recomended to ther Lordships to modifie the soume of fyve hundred merks of sallerie to the said persone to be Condescended one be the petitioner in maner abovewritten and that by and attour all maner of necessarie expenses he shall be at upon the accompt of his office and above sallerie being as litle as can be allowed to any for so troublsome a task Which was so Considered by the deceast viscount and his friends who appointed the very samen soume to be payed to the Laird of Glenbervie as administrating tutor in case the pretended nominatione hade subsisted Its alsoe humbly Craved that the saids Lords would grant warrand for Inventaring the Chartor Chist To the shireff depute of the Mearnes as the sight of the persones abovementioned The desire of this petition being so reasonable it is not questioned but ther Lordships would grant the samen Immediatly Considering the eminent danger the rents are in of parishing as the said petition bears. The Lords of his Majesties privy Counill Having Considered this petition given in to them be the Lady Anna Southerland Viscountess of Arbuthnot and answers made therto for […] Arbuthnot of Knox and others and both parties being Called Compeired personally the said viscountess with Mr Hew Dalrymple Mr Mongo Carnegy and Mr Robert Forbes her advocats and sicklike Compeired Mr George Alexander and Mr William Blacke as advocats for Arbuthnot of Knox and the rest of the answers and both parties advocats being fully heard The saids Lords Doe heirby authorize and Impower Mr Mongo Carnegy Advocat nominat by the viscountess with Consent of her father and freinds To be factor for uplifting and disposeing upon the rents of the Lands of the haill estate of Arbuthnot not lyfrented by the said viscountess for the cropt and year Jaj vjc nyntie four In Respect he hath given bond and found suficient Cautione acted in the books of privy Councill That he shall make Just Compt and reckoning of his intromissiones And that he shall make payment of what shall remaine inexhausted in his hands over and above the payment of the aliement modified by the saids Lords of privy Councill for the deceast viscount his Childrein and what shall be Called for, For the airs subsistance and over and above what shall be payed by the said2 factor for publict burdens Ministers 3 and school masters stipends and the like, and that he shall recover Decreets for payment of accompts furnished to the familly preceiding the terme of mertimiss last by post or bygone annualrents and that under the penalty of five hundred merks Scots By and attour the performance of the premisses and Refuses the desyre of the petitioner as to the Inventaring of the Chartor Chist And Modifies the soume of Fyve hundred merks scots money of Sallery to the said factor and that by and attour all maner of necessar expences he shall be at upon the account of his said office.

1. NRS, PC2/25, 225v-227v.

2. Insertion.

3. The word ‘stipends’ scored out here.

1. NRS, PC2/25, 225v-227v.

2. Insertion.

3. The word ‘stipends’ scored out here.

Sederunt, 9 April 1695 (pm), Edinburgh

Posted on by

[9 April 1695] Eodem die Post meridiem1

D1695/4/32

Sederunt

Sederunt as in the forenoon except the Laird of Stivenson being absent.

[9 April 1695] Eodem die Post meridiem1

D1695/4/32

Sederunt

Sederunt as in the forenoon except the Laird of Stivenson being absent.

1. NRS, PC2/25, 225v.

2. NRS, PC2/25, 225v.

1. NRS, PC2/25, 225v.

2. NRS, PC2/25, 225v.

Letter: royal, 9 April 1695 (pm), Edinburgh

Posted on by

At Edinburgh [9 April 1695] Eodem die Postmeridiem

A1695/4/111

Letter: royal

Letter from the Councill to the King anent the Earle of Home

The following letter being read in Councill was approven and signed and ordered to be recorded whereof the tenor followeth May it please your sacred majestie In obedience to your Royall Command we caused intimat to the Earle of Home at present at his house of Hirsell to enter himself Prisoner in the Castle of Edinburgh But had his returne That by reasone of his indispositione he was in noe case to travell as was also attested by the Certificats of Phisitians which moved us to send your majesties Phisitiane in ordinarie Sir Thomas Burnet with a Chirurgeon of his choise to visite the Earle who this day report to us That the state of his health is such, as at present he cannot come to Edinburgh without danger of his health and lyfe But upon the suppositione that he might not be in case to travelle He farder Caused intimat to Him That he should double the sum of his baille to two thousand pound sterline and add a new sufficient Cautioner to keep his former confynement and answer when called which he hes done which being all that we could doe in obedience to your majesties ordors we presume to lay it before your majestie attending your farder pleasure which shall be punctuallie obeyd by May it please you majestie your majesties most Loyall most faithfull and most obedient subjects and servants sic subscribitur Annandale P Southerland J Morton Lothiane Forfar Breadalbane Tarbat Strathnaver Carmichaell Polwarth James Stueart Thomas Livingstoune

At Edinburgh [9 April 1695] Eodem die Postmeridiem

A1695/4/111

Letter: royal

Letter from the Councill to the King anent the Earle of Home

The following letter being read in Councill was approven and signed and ordered to be recorded whereof the tenor followeth May it please your sacred majestie In obedience to your Royall Command we caused intimat to the Earle of Home at present at his house of Hirsell to enter himself Prisoner in the Castle of Edinburgh But had his returne That by reasone of his indispositione he was in noe case to travell as was also attested by the Certificats of Phisitians which moved us to send your majesties Phisitiane in ordinarie Sir Thomas Burnet with a Chirurgeon of his choise to visite the Earle who this day report to us That the state of his health is such, as at present he cannot come to Edinburgh without danger of his health and lyfe But upon the suppositione that he might not be in case to travelle He farder Caused intimat to Him That he should double the sum of his baille to two thousand pound sterline and add a new sufficient Cautioner to keep his former confynement and answer when called which he hes done which being all that we could doe in obedience to your majesties ordors we presume to lay it before your majestie attending your farder pleasure which shall be punctuallie obeyd by May it please you majestie your majesties most Loyall most faithfull and most obedient subjects and servants sic subscribitur Annandale P Southerland J Morton Lothiane Forfar Breadalbane Tarbat Strathnaver Carmichaell Polwarth James Stueart Thomas Livingstoune

1. NRS, PC1/50, 168.

1. NRS, PC1/50, 168.

Sederunt, 9 April 1695 (pm), Edinburgh

Posted on by

At Edinburgh [9 April 1695] Eodem die Postmeridiem1

A1695/4/102

Sederunt

Sederunt ut antemeridiem, the Laird of Stevensone being absent

At Edinburgh [9 April 1695] Eodem die Postmeridiem1

A1695/4/102

Sederunt

Sederunt ut antemeridiem, the Laird of Stevensone being absent

1. NRS, PC1/50, 168.

2. NRS, PC1/50, 168.

1. NRS, PC1/50, 168.

2. NRS, PC1/50, 168.