Tag Archives: 9 February 1693

Procedure: committee appointed, 9 February 1693, Edinburgh

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Procedure: committee appointed

Committie in the Lybell Andrew Ker Against mr Alexander Cuningham anent tumults

The Lybell at the instance of Androw Ker sone to John Ker off Frogtoune and the said John For his intrest against Mr Alexander Cuninghame being this day called in presence of the Lords of his majesties privy Councill And the said Androw Ker one of the pursuars Compeiring personally with Sir James Ogilvie their majesties solicitor and Mr Robert Bennet advocats for both pursuars and the defender Compeiring also personally with Sir David Thores Mr Heugh Dalrymple and Mr Alexander Crafurd his advocats And the Lybell and answers being read and both parties advocats fully heard The saids Lords Doe heirby Commissionat and appoint the Lord Viscount of Tarbat The Lords Cardross, Justice Clerk Fountonhall Mr Francis Montgomrie and Sir John Maxwell or any thrie of them to meet with the magistrats of Edinburgh and principall professor, and other masters of the Collodge therof the morrow at two in the afternoon within the said Collodge and their to take tryall and make inquyrie what has been the ryse and ground of the frequent Tumults or mutinies amongst and Comitted by the Students either at this time or formerly And who have been the Cheiff instruments of the late abusses and Disorders with power to the Committie to Comitt such of the students to prison as they shall find to have been instigators or ringleaders in the said late Disorders And to fall upon and concert with the magistrats and masters such rules and orders as may effectually supres the present disorders amongst the students and may prevent the like and all disorders and quarellings betwixt the Classes in tyme comeing To the effect the masters authoritie may be preserved and the Students keeped in a dutifull submissione and obedience to them And Recomends to the Comittie to take probation and examine witnesses upon the points Lybelled against Mr Cuninghame and to make report of their procedur in the haill matter to the Councill at their nixt meeting And appoints the maccers of Councill To intimat to the magistrats of Edinburgh and masters of the Collodge that they attend the Committie tyme and place forsaid with power also to the said Comittie to suspend the said Mr Cuninghame in the mean tyme if they find cause.

Edinburgh the nynth day of February Jaj vjc nyntie thrie years

D1693/2/161

Procedure: committee appointed

Committie in the Lybell Andrew Ker Against mr Alexander Cuningham anent tumults

The Lybell at the instance of Androw Ker sone to John Ker off Frogtoune and the said John For his intrest against Mr Alexander Cuninghame being this day called in presence of the Lords of his majesties privy Councill And the said Androw Ker one of the pursuars Compeiring personally with Sir James Ogilvie their majesties solicitor and Mr Robert Bennet advocats for both pursuars and the defender Compeiring also personally with Sir David Thores Mr Heugh Dalrymple and Mr Alexander Crafurd his advocats And the Lybell and answers being read and both parties advocats fully heard The saids Lords Doe heirby Commissionat and appoint the Lord Viscount of Tarbat The Lords Cardross, Justice Clerk Fountonhall Mr Francis Montgomrie and Sir John Maxwell or any thrie of them to meet with the magistrats of Edinburgh and principall professor, and other masters of the Collodge therof the morrow at two in the afternoon within the said Collodge and their to take tryall and make inquyrie what has been the ryse and ground of the frequent Tumults or mutinies amongst and Comitted by the Students either at this time or formerly And who have been the Cheiff instruments of the late abusses and Disorders with power to the Committie to Comitt such of the students to prison as they shall find to have been instigators or ringleaders in the said late Disorders And to fall upon and concert with the magistrats and masters such rules and orders as may effectually supres the present disorders amongst the students and may prevent the like and all disorders and quarellings betwixt the Classes in tyme comeing To the effect the masters authoritie may be preserved and the Students keeped in a dutifull submissione and obedience to them And Recomends to the Comittie to take probation and examine witnesses upon the points Lybelled against Mr Cuninghame and to make report of their procedur in the haill matter to the Councill at their nixt meeting And appoints the maccers of Councill To intimat to the magistrats of Edinburgh and masters of the Collodge that they attend the Committie tyme and place forsaid with power also to the said Comittie to suspend the said Mr Cuninghame in the mean tyme if they find cause.

1. NRS, PC2/24, 184r-184v.

1. NRS, PC2/24, 184r-184v.

Petition, 9 February 1693, Edinburgh

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Petition

[Petition John Hay]

Petition John Hay Read and Remitted to the Committie formerly appointed anent Souldiers and diserters and in the mean tyme prohibits and Discharges the governor, Livet, or depute governor and other inferior officers within the castle of Blacknes to send or suffer the said petitioner to be caried abroad as a Souldier in the present Recruits nor to suffer him to Depart furth of the said Castle without express Order of Councill

Edinburgh the nynth day of February Jaj vjc nyntie thrie years

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Petition

[Petition John Hay]

Petition John Hay Read and Remitted to the Committie formerly appointed anent Souldiers and diserters and in the mean tyme prohibits and Discharges the governor, Livet, or depute governor and other inferior officers within the castle of Blacknes to send or suffer the said petitioner to be caried abroad as a Souldier in the present Recruits nor to suffer him to Depart furth of the said Castle without express Order of Councill

1. NRS, PC2/24, 184r.

1. NRS, PC2/24, 184r.

Act, 9 February 1693, Edinburgh

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Edinburgh the nynth day of February Jaj vjc nyntie thrie years

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Act

Act Mr Thomas Hervy minister at Auchterderen and the heritors of the said parish

Anent the Suplication given in and presented to the Lords of their majesties privy Councill be the heritors of the parishen of Auchterderen and Mr Thomas Hervy minister of the said kirk Shewing That quher since Mr Robert Glassfoord was deprived by the presbytrie of Kirkaldie from being minister at the said kirk which was in october Jaj vjc nyntie And which deposition was approven be the synod of Fyfe (who dyed within a year therafter or therby) Ther are vaccand stipends resting and owing, And the petitioner being admitted minister ther in october last and haveing served the cure at the said kirk and his call Condescended on before Michellmiss last and being at great expences by transporting his familly from Annwick quher he did preach in a meeting house, And it being very weell knowen that the mass of Auchterderren was Sufficiently built and repaired by the heritors, Bot by the said vaccancie the same is become ruinouse, And likewayes the rooff of the said kirk is failling and brocken in severall places, which necessarly must be repaired, And that David Bosswall of Balmoutto patron of the said kirk and who has no land Lyeing in the said parishen has not and Will not Dispose of the said vaccant stipends to pious uses within the said parishen conform to the act of Parliament, And that the heritors of the said parishen at least the far greater pairt therof viz the Countes of Rothes and Weemes, Sir John Dempster of Pitliver, James Edmonstone of Carden Mr John Sinclar of Balgregie David Moncreiff of Boghall, Alexander Bosswell of Glenistoune Mr David Dewar of Reidhouse Androw Ingles of Easterbarhill Androw Abercrombie of Strarodie John Knox of Easter Cartmore and the Currators of […] Colzier of Wester Lochgellie are all content that he should have the half of ane years stipend of the Last year preceiding michellmiss And that the rest be bestowed upon the repairatione of the manse and kirk and building of the kirk dykes and the building of a bridge which leads to the said kirk lately fallen doune and other pious uses within the saids parishin And Therfore Humbly Craveing the saids Lords to Grant warrand and Commission to the petitioner Mr Thomas Hervie minister of the said kirk to uplift and Discharge the forsaid vaccand stipends within the said parochin from the respective heritors therof since the Depositione of Mr Robert Glasfoord to be Imployed be the petitioner for the use aboveexpressed at the Sight of two of the heritors the saids Lords pleased to appoint And for that effect to grant letters of horning at his instance against the wholl heritors Lyfrenters and others Lyable in payment of their said stipend dureing the forsaid vaccancie as the petitione bears. The Lords of their Majesties privy Councill Haveing Considered a petition given in to them be the heritors of the parishin of Auchterderren and Mr Thomas Harvie minister of the said kirk and writtes produced therwith, They heirby allow the stipend of the said kirk of Auchterderren for the last half of the cropt and year Jaj vjc nyntie one and the first half of the cropt and year Jaj vjc Nyntie two. to be Imployed for repairing of the kirk and manss of the said parish and building of the kirk dykes and building of a bridge which leads to the said Church late by fallen doune and other pious uses within the parish at sight of the Countes of Weymes and Rothes or such as they shall appoint, And nominats and appoints the said Mr Thomas Hervy minister to be factor for uplifting the said two half years Stipend respective above specified And Ordaines him to be readily answered obeyed and payed therof be the heritors fewars wodsetters and others Lybale in payment of the samen, And Ordaines letters of horning under the signet of Councill at his instance against them for that effect upon production of a decreet of Locallitie, And in caice ther be non Ordaines the heritors and others forsaids Lyable in payment as said is To make payment of their respective proportiones of the said two half years stipend according as they shall be Decerned be the Judge Ordinary In Respect the2 said Mr Thomas Herbie factor forsaid has found suficient Cautione acted in the books of privy Councill that he shall Imploy the forsaid half years stipend upon the ends and uses asbovementioned, And allowes the said Mr Thomas Harvie the stipend of the said kirk for the last half of the cropt and year of god Jaj vjc nyntie two And ordaines him to be payed therof in maner above mentioned In Respect he has sword and signed the oath of alledgance and signed the assurance to their majesties King William and Queen Mary In presence of one of the Lords of their majesties privy Councill

Edinburgh the nynth day of February Jaj vjc nyntie thrie years

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Act

Act Mr Thomas Hervy minister at Auchterderen and the heritors of the said parish

Anent the Suplication given in and presented to the Lords of their majesties privy Councill be the heritors of the parishen of Auchterderen and Mr Thomas Hervy minister of the said kirk Shewing That quher since Mr Robert Glassfoord was deprived by the presbytrie of Kirkaldie from being minister at the said kirk which was in october Jaj vjc nyntie And which deposition was approven be the synod of Fyfe (who dyed within a year therafter or therby) Ther are vaccand stipends resting and owing, And the petitioner being admitted minister ther in october last and haveing served the cure at the said kirk and his call Condescended on before Michellmiss last and being at great expences by transporting his familly from Annwick quher he did preach in a meeting house, And it being very weell knowen that the mass of Auchterderren was Sufficiently built and repaired by the heritors, Bot by the said vaccancie the same is become ruinouse, And likewayes the rooff of the said kirk is failling and brocken in severall places, which necessarly must be repaired, And that David Bosswall of Balmoutto patron of the said kirk and who has no land Lyeing in the said parishen has not and Will not Dispose of the said vaccant stipends to pious uses within the said parishen conform to the act of Parliament, And that the heritors of the said parishen at least the far greater pairt therof viz the Countes of Rothes and Weemes, Sir John Dempster of Pitliver, James Edmonstone of Carden Mr John Sinclar of Balgregie David Moncreiff of Boghall, Alexander Bosswell of Glenistoune Mr David Dewar of Reidhouse Androw Ingles of Easterbarhill Androw Abercrombie of Strarodie John Knox of Easter Cartmore and the Currators of […] Colzier of Wester Lochgellie are all content that he should have the half of ane years stipend of the Last year preceiding michellmiss And that the rest be bestowed upon the repairatione of the manse and kirk and building of the kirk dykes and the building of a bridge which leads to the said kirk lately fallen doune and other pious uses within the saids parishin And Therfore Humbly Craveing the saids Lords to Grant warrand and Commission to the petitioner Mr Thomas Hervie minister of the said kirk to uplift and Discharge the forsaid vaccand stipends within the said parochin from the respective heritors therof since the Depositione of Mr Robert Glasfoord to be Imployed be the petitioner for the use aboveexpressed at the Sight of two of the heritors the saids Lords pleased to appoint And for that effect to grant letters of horning at his instance against the wholl heritors Lyfrenters and others Lyable in payment of their said stipend dureing the forsaid vaccancie as the petitione bears. The Lords of their Majesties privy Councill Haveing Considered a petition given in to them be the heritors of the parishin of Auchterderren and Mr Thomas Harvie minister of the said kirk and writtes produced therwith, They heirby allow the stipend of the said kirk of Auchterderren for the last half of the cropt and year Jaj vjc nyntie one and the first half of the cropt and year Jaj vjc Nyntie two. to be Imployed for repairing of the kirk and manss of the said parish and building of the kirk dykes and building of a bridge which leads to the said Church late by fallen doune and other pious uses within the parish at sight of the Countes of Weymes and Rothes or such as they shall appoint, And nominats and appoints the said Mr Thomas Hervy minister to be factor for uplifting the said two half years Stipend respective above specified And Ordaines him to be readily answered obeyed and payed therof be the heritors fewars wodsetters and others Lybale in payment of the samen, And Ordaines letters of horning under the signet of Councill at his instance against them for that effect upon production of a decreet of Locallitie, And in caice ther be non Ordaines the heritors and others forsaids Lyable in payment as said is To make payment of their respective proportiones of the said two half years stipend according as they shall be Decerned be the Judge Ordinary In Respect the2 said Mr Thomas Herbie factor forsaid has found suficient Cautione acted in the books of privy Councill that he shall Imploy the forsaid half years stipend upon the ends and uses asbovementioned, And allowes the said Mr Thomas Harvie the stipend of the said kirk for the last half of the cropt and year of god Jaj vjc nyntie two And ordaines him to be payed therof in maner above mentioned In Respect he has sword and signed the oath of alledgance and signed the assurance to their majesties King William and Queen Mary In presence of one of the Lords of their majesties privy Councill

1. NRS, PC2/24, 182v-184r.

2. The words ‘Respect the’ are an insertion.

1. NRS, PC2/24, 182v-184r.

2. The words ‘Respect the’ are an insertion.

Sederunt, 9 February 1693, Edinburgh

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Sederunt

Lord Chancelor; Duke of Hamilton P: of C; Earl of Melvill Lo: pr: S; Earl of Linlithgow; Earl of Strathmor; Earl of Lothian; Earl of Leven; Earl of Kintoir; Earl of Brodalbine; Viscount Tarbat; Lord Raith Thr dept; Lord Cardross; Lord Beilhaven; Lord Carmichell; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fontonhall; Lord Enstruther; Mr Fr: Montgomry; Laird of Grant; Laird of Pollock

Edinburgh the nynth day of February Jaj vjc nyntie thrie years1

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Sederunt

Lord Chancelor; Duke of Hamilton P: of C; Earl of Melvill Lo: pr: S; Earl of Linlithgow; Earl of Strathmor; Earl of Lothian; Earl of Leven; Earl of Kintoir; Earl of Brodalbine; Viscount Tarbat; Lord Raith Thr dept; Lord Cardross; Lord Beilhaven; Lord Carmichell; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fontonhall; Lord Enstruther; Mr Fr: Montgomry; Laird of Grant; Laird of Pollock

1. NRS, PC2/24, 182v.

2. NRS, PC2/24, 182v.

1. NRS, PC2/24, 182v.

2. NRS, PC2/24, 182v.

Procedure: remit, 9 February 1693, Edinburgh

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Att Edinburgh the nynth day of Februarij Jaj vjc nyntie three

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Procedure: remit

Comittee anent a proclamatione for redressing abuses by souldiers

Proclamatione for preventing and regulating abuses which may be Comitted by souldiers read and remitted to the Comittee appointed for drawing the proclamatione to meet again the morrow at ten of the cloack in the forenoon and revise the proclamatione And put a clause therein for preventing the pressing of horses And for secureing the restoratione of such horses as shall by Imployed And to call for Sir James Leslie Comander in cheiff of there majesties forces within the Kingdome for the tyme And some of the principall officers upon the place and speak and adjust with them the heids of the said proclamatione.

Att Edinburgh the nynth day of Februarij Jaj vjc nyntie three

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Procedure: remit

Comittee anent a proclamatione for redressing abuses by souldiers

Proclamatione for preventing and regulating abuses which may be Comitted by souldiers read and remitted to the Comittee appointed for drawing the proclamatione to meet again the morrow at ten of the cloack in the forenoon and revise the proclamatione And put a clause therein for preventing the pressing of horses And for secureing the restoratione of such horses as shall by Imployed And to call for Sir James Leslie Comander in cheiff of there majesties forces within the Kingdome for the tyme And some of the principall officers upon the place and speak and adjust with them the heids of the said proclamatione.

1. PC1/48, 584.

1. PC1/48, 584.

Sederunt, 9 February 1693, Edinburgh

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Att Edinburgh the nynth day of Februarij Jaj vjc nyntie three1

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Sederunt

Lord Chancellour; Duke of Hamilton; Earl of Melvill Lord privy seall; Earl of Linlithgow; Earl of Strathmore; Earl of Lothian; Earl of Leven; Earl of Kintoir; Earl of Breadalbaine; Viscount Tarbat; Lord Raith; Lord Cardross; Lord Beilhaven; Lord Carmichaell; Lord Advocatt; Lord Justice Clerk; Lord Hattoun; Lord Fountainhall; Lord Enstruther; Mr Frances Montgomery; Laird of Grant; Laird of Pollock

At Edinburgh, 9 February 16931

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Sederunt

[John Hay, earl of Tweeddale], lord chancellor; [James Hamilton], duke of Hamilton; [George Melville], earl of Melville, lord privy seal; [George Livingstone], earl of Linlithgow; [Patrick Lyon], earl of Strathmore; [Robert Kerr], earl of Lothian; [David Leslie], earl of Leven; [John Keith], earl of Kintore; [John Campbell], earl of Breadalbane; [George MacKenzie], Viscount Tarbat; [Alexander Melville], Lord Raith; [Henry Erskine], Lord Cardross; [John Hamilton], Lord Belhaven; [John], Lord Carmichael; [Sir James Stewart of Goodtrees], lord advocate; [Sir Adam Cockburn of Ormiston], lord justice clerk; [Sir John Lauder], Lord Hatton; [Sir John Lauder], Lord Fountainhall; [Sir William Anstruther], Lord Anstruther; Mr Francis Montgomery; [Ludovic Grant], laird of Grant; [Sir John Maxwell], laird of Pollok.

1. PC1/48, 584.

2. PC1/48, 584.

1. PC1/48, 584.

2. PC1/48, 584.