Tag Archives: 9 July 1695

Decreet, 9 July 1695, Edinburgh

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Edinburgh The Nynth Jully 1695

D1695/7/31

Decreet

Decreet William Bell Against The Toune of Linlithgow

Anent the bill of suspensione given in and presented to his majesties Commissioner and Lords of privy Councill be Robert Turnbull of Gormyre provest of Linlithgow Jerimiah Hunter William Inglis Robert Androw and Robert Haggens baillies Adam Buckney dean of gild and John Wauch thesaurer of the said burgh of Linlithgow for themselves and as representing the remanent members and toune Councill of the said burgh Shewing That William Bell lately Clerk of the said burgh has raised letters of horning and therwith Caused Charge the petitioners to repon him to his office of Clerkship Conforme to ane pretended act alledged pronunced by their Lordships upon the day of June Last within ane Certaine short space nixt after the Charge under the paine of rebellion who for the petitioners ther alledged Disobedience intends as they are informed to Cause denunce them rebells and put them to the horne most wrongiously and unjustly Considering it is of verity that wher their Lordships ordained betwixt the petitioners and their Clerk was only declaratory Viz That he should resume his possession rather then decerning and ordaineing him to be reponed In so farr as it is knowen that he was no otherwayes Deprived but by the removeing of him from his office against which sentance of Deprivatione The Lords did simplie repone him Since it does nowayes depend upon them But plainly their Lordships act ordaineing him to be reponed takes of the effect of his deprivatione and seing no man debarrs him he may returne to his office when he pleased Secundo It is wholly unacountable why the said William Bell should Charge them to repon him Seing It is without questione that upon ther Lordships reponeing him he is defacto reponed and may both give sasines and take in bonds to be registrat at his pleasure which are his proper and principall work but for him to pretend that the Toune Councill should either repone him by a former act, or that they should meett in Councill or Judicatorie for that only effect, That he may sitt ther as Clerk and returne to the exerceiss of his office, They haveing no bussiness for him is absurd Tertio the true meaning and effect of ther Lordships Decreet Reponeing the Charger was to keep him in his former possessione untill the point of right should be discussed But ita est that the petitioners doe hold him to be in possession as formerly and doe not Cross him in any part of the exercise of his office except that they doe not meet of purpose for his sake when the petitioners have nothing to doe with2 him and for a Clerk and servant to pretend to this arrogancie is plainely to abuse ther Lordships authoritie and to Tyranize over his majesties Quarto the case is plaine even to their Lordships, that the Charger was deprived for most relevant Causes viz his neglect of the register and his betraying of the Gildries trust both which their Lordships was Convinced of and did only stick as this point viz hat he was sumarly dispossesed upon to short a warning, And Therfore They Reponed him only till the moneth of Jully nixt That the matter might be discussed by the sessione, By which it is evident that the petitioners not oppossing the Chargers decreet was all the performance that the petitioner either Could give or could rationally be exacted from them But Quinto this Cause comes to be Discussed in Jully nixt It will plainely appear that ther Clerk has not only abused the petitioners in the grossest maner But for to decyde the reasones of his former deprivatione he hath Comited severall others which the petitioners are ready to eik and for which he deserves to be deprived and In Respect quherof the saids Lords are humbly intreated to remember and Consider the case And Seing all that was intended by ther Lordships act was that the Clerk should be reponed with a Simple non repugnantio and the questione of right left to the sessione That therfore ther Lordships would sustaine their acquiesence for performance and suspend the forsaid malicious Charge for reponeing Which will prove superfluous ay and whill the matter be fully and freely determined and nevertheless for obedience to the Charge the petitioners still instantly find Caution acted in ther Lordships books for reponeing the Charger to his place and office incace it shall be found by their Lordships that the petitioner ought so to doe, And Therfore the forsaid Charge and letters and haill effect and executione therof and proces of horning Contained therin Ought and should be suspended simplicitor upon the petitioners in time Comeing And Therfore humbly Craveing the saids Lords would grant warrand to cite the said William Bell To Compeir before ther Lordships Bringing with him the forsaid act or decreet and letters raised therupon To have been seen and Considered by ther Lordships and to have heard and seen the samen haill effect and executione therof and proces of horning Contained therin suspended simpliciter upon the petitioners Contained in time comeing for the reasones and Causses abovewritten and others as the said bill of suspension more fully proports His Majesties high Commissioner and Lords of privy Councill having Considered the above bill of suspensione at the instance of the provest baillies and Toune Councill of Linlithgow against William Bell ther Clerk with the answers made therto for the Charger They heirby Refuse the bill and reasones of suspensione and Finds the letters orderly proceided And Ordaines the saids3 provest baillies and remanent toune Councill of Linlithgow To Call and meett in their toune Councill, and to Repon and receive the said William Bell to his said office of Toune Clerk againe alse fully and formally as they did put him from the same And Discharges any other person to exerce the said office untill the Chargers right be determined before the Lords of sessione.

Edinburgh The Nynth Jully 1695

D1695/7/31

Decreet

Decreet William Bell Against The Toune of Linlithgow

Anent the bill of suspensione given in and presented to his majesties Commissioner and Lords of privy Councill be Robert Turnbull of Gormyre provest of Linlithgow Jerimiah Hunter William Inglis Robert Androw and Robert Haggens baillies Adam Buckney dean of gild and John Wauch thesaurer of the said burgh of Linlithgow for themselves and as representing the remanent members and toune Councill of the said burgh Shewing That William Bell lately Clerk of the said burgh has raised letters of horning and therwith Caused Charge the petitioners to repon him to his office of Clerkship Conforme to ane pretended act alledged pronunced by their Lordships upon the day of June Last within ane Certaine short space nixt after the Charge under the paine of rebellion who for the petitioners ther alledged Disobedience intends as they are informed to Cause denunce them rebells and put them to the horne most wrongiously and unjustly Considering it is of verity that wher their Lordships ordained betwixt the petitioners and their Clerk was only declaratory Viz That he should resume his possession rather then decerning and ordaineing him to be reponed In so farr as it is knowen that he was no otherwayes Deprived but by the removeing of him from his office against which sentance of Deprivatione The Lords did simplie repone him Since it does nowayes depend upon them But plainly their Lordships act ordaineing him to be reponed takes of the effect of his deprivatione and seing no man debarrs him he may returne to his office when he pleased Secundo It is wholly unacountable why the said William Bell should Charge them to repon him Seing It is without questione that upon ther Lordships reponeing him he is defacto reponed and may both give sasines and take in bonds to be registrat at his pleasure which are his proper and principall work but for him to pretend that the Toune Councill should either repone him by a former act, or that they should meett in Councill or Judicatorie for that only effect, That he may sitt ther as Clerk and returne to the exerceiss of his office, They haveing no bussiness for him is absurd Tertio the true meaning and effect of ther Lordships Decreet Reponeing the Charger was to keep him in his former possessione untill the point of right should be discussed But ita est that the petitioners doe hold him to be in possession as formerly and doe not Cross him in any part of the exercise of his office except that they doe not meet of purpose for his sake when the petitioners have nothing to doe with2 him and for a Clerk and servant to pretend to this arrogancie is plainely to abuse ther Lordships authoritie and to Tyranize over his majesties Quarto the case is plaine even to their Lordships, that the Charger was deprived for most relevant Causes viz his neglect of the register and his betraying of the Gildries trust both which their Lordships was Convinced of and did only stick as this point viz hat he was sumarly dispossesed upon to short a warning, And Therfore They Reponed him only till the moneth of Jully nixt That the matter might be discussed by the sessione, By which it is evident that the petitioners not oppossing the Chargers decreet was all the performance that the petitioner either Could give or could rationally be exacted from them But Quinto this Cause comes to be Discussed in Jully nixt It will plainely appear that ther Clerk has not only abused the petitioners in the grossest maner But for to decyde the reasones of his former deprivatione he hath Comited severall others which the petitioners are ready to eik and for which he deserves to be deprived and In Respect quherof the saids Lords are humbly intreated to remember and Consider the case And Seing all that was intended by ther Lordships act was that the Clerk should be reponed with a Simple non repugnantio and the questione of right left to the sessione That therfore ther Lordships would sustaine their acquiesence for performance and suspend the forsaid malicious Charge for reponeing Which will prove superfluous ay and whill the matter be fully and freely determined and nevertheless for obedience to the Charge the petitioners still instantly find Caution acted in ther Lordships books for reponeing the Charger to his place and office incace it shall be found by their Lordships that the petitioner ought so to doe, And Therfore the forsaid Charge and letters and haill effect and executione therof and proces of horning Contained therin Ought and should be suspended simplicitor upon the petitioners in time Comeing And Therfore humbly Craveing the saids Lords would grant warrand to cite the said William Bell To Compeir before ther Lordships Bringing with him the forsaid act or decreet and letters raised therupon To have been seen and Considered by ther Lordships and to have heard and seen the samen haill effect and executione therof and proces of horning Contained therin suspended simpliciter upon the petitioners Contained in time comeing for the reasones and Causses abovewritten and others as the said bill of suspension more fully proports His Majesties high Commissioner and Lords of privy Councill having Considered the above bill of suspensione at the instance of the provest baillies and Toune Councill of Linlithgow against William Bell ther Clerk with the answers made therto for the Charger They heirby Refuse the bill and reasones of suspensione and Finds the letters orderly proceided And Ordaines the saids3 provest baillies and remanent toune Councill of Linlithgow To Call and meett in their toune Councill, and to Repon and receive the said William Bell to his said office of Toune Clerk againe alse fully and formally as they did put him from the same And Discharges any other person to exerce the said office untill the Chargers right be determined before the Lords of sessione.

1. NRS, PC2/25, 257v-259r.

2. The word ‘them’ scored out here.

3. Insertion.

1. NRS, PC2/25, 257v-259r.

2. The word ‘them’ scored out here.

3. Insertion.

Act, 9 July 1695, Edinburgh

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Edinburgh The Nynth Jully 1695

D1695/7/21

Act

Act Arkindlass contra Drumfynie

Anent the petition given in to his majesties high Commissioner and Lords of privy Councill be Sir Collin and James Campbells elder and younger of Ardkindless Shewing That wheras Robert Campbell late of Drumfynie haveing given in a petitione to their Lordships makeing mention that Duncan Campbell his elder brother haveing about twentie years since granted a bond for twelue thousand punds to […] Freeland his brother in Law in trust to the effect that he might lead ane appryssing of the Lands to the said Duncan Campbell his behoove and that after the said Duncan Campbell and […] Freelands decease, Archibald Freeland his sone hade induced the said Robert Campbell to give him a dispositione Corrobrative of the appryssing, upon pretence that it wes done for Compleating of the right, and when it was Compleated he would give a retrocessione or back bond, and that yet notwithstanding Contrair to the trust he disponed the lands to Auchinbreck and went out of the Countrey, and Auchinbreck enters to the possessione by force, By which he was reduced to great misserie, and he haveing againe caused apply to Auchinbreck that he might be reponed to his estate, and that Auchinbreck wrott a letter to the Earle of Brodalbine in october Jaj vjc nyntie Declairing that he did not Covet the bargaine But would freely quyt it without Loss, and that notwithstanding of his promisses and letters in the said Robert Campbells favors, Auchinbreck Dispones his right to the Lairds of Arkindless elder and younger who Likewyes prevailled with Mr Sprewell to give him a right to Auchinbrecks bond of Six thousand merks that he hade given to Freeland when he obtained from him the right, And was Like2 to be defrauded of his estate by meer Circumventione Which was worth above Fourtie thousand merks, and that he was to prosecute a discovery therof by all the members methods that the Law allowes and in the mean time for his subsistance in carieing on of the process he Craved that ther Lordships would allow him ane aliement, and ordaine the tennents to pay the same, And Auchinbreck Arkindlass elder and younger being ordained to see and answer the said petition, But they not being present in toune ther procurators gave in only ane generall defence that they would not be oblidged to answer unless they hade been Lawfullie cited upon which ther Lordships did grant the said Robert Campbell ane aliement of fyve hundred merks and Decerned Arkindless elder and the tennents to make payment of the same at this terme of Whitsunday as to which the petitioner humbly represent that the matter of fact mentioned in the said petition as to the pretended trust and Circumventione and many other particulars Is absolutly false and Calumnious the matter being truely Thus That Duncan Campbell of Drumfynie haveing granted bond to Archibald Freeland The said […] Freelands sone for the soume of Twelue Thousand pund, The said Robert Campbell after his brothers decease grants a bond of Corroboration to Archibald Freeland upon which he Leads ane adjudicatione of the lands; and albeit the soumes in the adjudicatione were more then the value of the Land Considering the relicts Joynture Which is six hundred merks be year, and that ther is a great few dutie payable out of the same to the Earle of Argyll as superior and the wholl yearly rent of the Land is not above Nyne hundred merks, and yet Freeland that he might have a right to the reversione he payes the said Robert Campbell ane thousand punds and obtaines from him a heretabell and Irredeemable Dispositione upon which he was publictly infeft and Freeland dispones the Lands to Auchinbreck and the saids Lands being anciently a part of Arkindless his estate and Lying within the Bossom of his other Lands, Arkindlas younger fearing that others who were dealling in that matter might acquire the Lands, which might prove very uneasie to him thought fitt to acquyre right to the same from Auchinbreck, and Auchinbreck when he accuyred the Lands from Frieland having given bond for six thousand merks of the pryce young Arkindlass procures ane assignatione from Sprewell of Auchinbrecks bond in order to the Clearing with Auchinbreck as to the price and this being the matter of fact Which if need were can be instructed by the progress of the wrytes, if the parties hade been cited and heard upon ther Just defences no such act could have past against them for ane aliement to the said Robert Campbell, For first to Arkindlas elder (who is the only person decerned as heritor by the said act to pay the five hundred merks of aliement) he Could never have been Lyable for the same Because he was not concerned in the affair any maner of way, The right of the Lawes not being made to him nor was he in possession of the samen by quhich it evidently appears how absolutely groundles the said act is secondly young Arkindlas can never be Lyable for the said aliement, nor could any such aliement be appointed Because he truely and bona fide acquired right to the Lands from Auchinbreck and was be vertue therof in possessione, and it was most absurd to pretend that after a man is denuded of his estate by a legall dilligence and dispones his estate by a Simple and absolute Sale that the buyer should be oblidged to aliement the Seller of his estate and this is truely young Arkindless case Tertio as to which its alledged that the bond granted by the deceast Duncan Campbell to Freeland and the disposition by the said Robert Campbell to him was in trust and that the said Robert was Circumveened in the Bargaine It is answered that the same Is both Calumnious and Irrelevant as to young Arkindlas For first it is absolutely false that ther was either trust or Circumventione in the Case, and albeit ther be a letter alleged to have been wryten by Auchinbreck to the Earle of Broadalbine yet ther is no such letter produced and altho ther hade been such a letter, yet even as is related in the petitione that Auchinbreck did not Covet the bargaine Bot would freely quyt it without Loss this can never Import a quyting of his right far less any trust, But rather the Contrary that seing he will not quyt the bargaine to his Loss this necessarly Imports that he would not quyt it but for ane equivolent value Secundo whatever was betwixt the said Robert Campbell and Freeland young Arkindlas was not concerned seing bona fide bought and accquyred the lands from Auchinbreck tertio the pretended trust and Circumventione was only in matter of Civill right Which was not Competent to be Cognosied by the privy Councill But only by the Lords of sessione Quarto It was never heard of that upon a pretence of trust or Circumventione the buyer of ane estate should be found Lyable to the seller for ane Aliement, For if that were allowed it were ane easie thing for ane man after he has sold his estate To give in a petition to their Lordships upon such false misrepresentationes of purpose to procure ane aliement, and how dangerous a preprative this might be, and how much it might tend to unhinge mens securities his Grace and ther Lordships might easily Judge and the forsaid act appointing the aliement haveing been past without Citatione, and upon the matter without hearing of parties and against Arkindlas elder who is not concerned And Therfore humbly Craveing their Lordships may be pleased to take the premisses to their Consideratione and rescind the forsaid act of Councill and assoylzie the petitioners from the forsaid aliement and if the said Robert Campbell Conceaves he has any ground to quarrell the forsaids rights upon any pretended grounds of Fraud and Circumventione he may pursue before the Judge ordinary as accord of the Law as the petition bears His Majesties high Commissioner and the Lords of his majesties privy Council having heard the foregoing petition given in to them be Sir Collin and James Campbells elder and younger of Arkindlass Read in their presence They3 allowed Robert Campbell of Drumsynie to see and answer the same untill the fourth day of June then nixt and in the mean time Lifted executione upon the Decreet or act of Councill pronunced at Drumsynies instance against the said petitioners for aliement untill the said answers be given in and advysed And the saids Lord high Commissioner and Lords of his majesties privy Councill Haveing againe this day Considered the above petition They heirby Remitt and Referr the point of aliement abovementioned To be insisted in Judged and determined by the Judge ordinary as accords in Law in the same maner as it hade never been intented before the Lords of privy Councill nor any act given or pronunced therin and Turnes the Decreet or act of Councill anent the aliement of five hundred merks into a lybell

Edinburgh The Nynth Jully 1695

D1695/7/21

Act

Act Arkindlass contra Drumfynie

Anent the petition given in to his majesties high Commissioner and Lords of privy Councill be Sir Collin and James Campbells elder and younger of Ardkindless Shewing That wheras Robert Campbell late of Drumfynie haveing given in a petitione to their Lordships makeing mention that Duncan Campbell his elder brother haveing about twentie years since granted a bond for twelue thousand punds to […] Freeland his brother in Law in trust to the effect that he might lead ane appryssing of the Lands to the said Duncan Campbell his behoove and that after the said Duncan Campbell and […] Freelands decease, Archibald Freeland his sone hade induced the said Robert Campbell to give him a dispositione Corrobrative of the appryssing, upon pretence that it wes done for Compleating of the right, and when it was Compleated he would give a retrocessione or back bond, and that yet notwithstanding Contrair to the trust he disponed the lands to Auchinbreck and went out of the Countrey, and Auchinbreck enters to the possessione by force, By which he was reduced to great misserie, and he haveing againe caused apply to Auchinbreck that he might be reponed to his estate, and that Auchinbreck wrott a letter to the Earle of Brodalbine in october Jaj vjc nyntie Declairing that he did not Covet the bargaine But would freely quyt it without Loss, and that notwithstanding of his promisses and letters in the said Robert Campbells favors, Auchinbreck Dispones his right to the Lairds of Arkindless elder and younger who Likewyes prevailled with Mr Sprewell to give him a right to Auchinbrecks bond of Six thousand merks that he hade given to Freeland when he obtained from him the right, And was Like2 to be defrauded of his estate by meer Circumventione Which was worth above Fourtie thousand merks, and that he was to prosecute a discovery therof by all the members methods that the Law allowes and in the mean time for his subsistance in carieing on of the process he Craved that ther Lordships would allow him ane aliement, and ordaine the tennents to pay the same, And Auchinbreck Arkindlass elder and younger being ordained to see and answer the said petition, But they not being present in toune ther procurators gave in only ane generall defence that they would not be oblidged to answer unless they hade been Lawfullie cited upon which ther Lordships did grant the said Robert Campbell ane aliement of fyve hundred merks and Decerned Arkindless elder and the tennents to make payment of the same at this terme of Whitsunday as to which the petitioner humbly represent that the matter of fact mentioned in the said petition as to the pretended trust and Circumventione and many other particulars Is absolutly false and Calumnious the matter being truely Thus That Duncan Campbell of Drumfynie haveing granted bond to Archibald Freeland The said […] Freelands sone for the soume of Twelue Thousand pund, The said Robert Campbell after his brothers decease grants a bond of Corroboration to Archibald Freeland upon which he Leads ane adjudicatione of the lands; and albeit the soumes in the adjudicatione were more then the value of the Land Considering the relicts Joynture Which is six hundred merks be year, and that ther is a great few dutie payable out of the same to the Earle of Argyll as superior and the wholl yearly rent of the Land is not above Nyne hundred merks, and yet Freeland that he might have a right to the reversione he payes the said Robert Campbell ane thousand punds and obtaines from him a heretabell and Irredeemable Dispositione upon which he was publictly infeft and Freeland dispones the Lands to Auchinbreck and the saids Lands being anciently a part of Arkindless his estate and Lying within the Bossom of his other Lands, Arkindlas younger fearing that others who were dealling in that matter might acquire the Lands, which might prove very uneasie to him thought fitt to acquyre right to the same from Auchinbreck, and Auchinbreck when he accuyred the Lands from Frieland having given bond for six thousand merks of the pryce young Arkindlass procures ane assignatione from Sprewell of Auchinbrecks bond in order to the Clearing with Auchinbreck as to the price and this being the matter of fact Which if need were can be instructed by the progress of the wrytes, if the parties hade been cited and heard upon ther Just defences no such act could have past against them for ane aliement to the said Robert Campbell, For first to Arkindlas elder (who is the only person decerned as heritor by the said act to pay the five hundred merks of aliement) he Could never have been Lyable for the same Because he was not concerned in the affair any maner of way, The right of the Lawes not being made to him nor was he in possession of the samen by quhich it evidently appears how absolutely groundles the said act is secondly young Arkindlas can never be Lyable for the said aliement, nor could any such aliement be appointed Because he truely and bona fide acquired right to the Lands from Auchinbreck and was be vertue therof in possessione, and it was most absurd to pretend that after a man is denuded of his estate by a legall dilligence and dispones his estate by a Simple and absolute Sale that the buyer should be oblidged to aliement the Seller of his estate and this is truely young Arkindless case Tertio as to which its alledged that the bond granted by the deceast Duncan Campbell to Freeland and the disposition by the said Robert Campbell to him was in trust and that the said Robert was Circumveened in the Bargaine It is answered that the same Is both Calumnious and Irrelevant as to young Arkindlas For first it is absolutely false that ther was either trust or Circumventione in the Case, and albeit ther be a letter alleged to have been wryten by Auchinbreck to the Earle of Broadalbine yet ther is no such letter produced and altho ther hade been such a letter, yet even as is related in the petitione that Auchinbreck did not Covet the bargaine Bot would freely quyt it without Loss this can never Import a quyting of his right far less any trust, But rather the Contrary that seing he will not quyt the bargaine to his Loss this necessarly Imports that he would not quyt it but for ane equivolent value Secundo whatever was betwixt the said Robert Campbell and Freeland young Arkindlas was not concerned seing bona fide bought and accquyred the lands from Auchinbreck tertio the pretended trust and Circumventione was only in matter of Civill right Which was not Competent to be Cognosied by the privy Councill But only by the Lords of sessione Quarto It was never heard of that upon a pretence of trust or Circumventione the buyer of ane estate should be found Lyable to the seller for ane Aliement, For if that were allowed it were ane easie thing for ane man after he has sold his estate To give in a petition to their Lordships upon such false misrepresentationes of purpose to procure ane aliement, and how dangerous a preprative this might be, and how much it might tend to unhinge mens securities his Grace and ther Lordships might easily Judge and the forsaid act appointing the aliement haveing been past without Citatione, and upon the matter without hearing of parties and against Arkindlas elder who is not concerned And Therfore humbly Craveing their Lordships may be pleased to take the premisses to their Consideratione and rescind the forsaid act of Councill and assoylzie the petitioners from the forsaid aliement and if the said Robert Campbell Conceaves he has any ground to quarrell the forsaids rights upon any pretended grounds of Fraud and Circumventione he may pursue before the Judge ordinary as accord of the Law as the petition bears His Majesties high Commissioner and the Lords of his majesties privy Council having heard the foregoing petition given in to them be Sir Collin and James Campbells elder and younger of Arkindlass Read in their presence They3 allowed Robert Campbell of Drumsynie to see and answer the same untill the fourth day of June then nixt and in the mean time Lifted executione upon the Decreet or act of Councill pronunced at Drumsynies instance against the said petitioners for aliement untill the said answers be given in and advysed And the saids Lord high Commissioner and Lords of his majesties privy Councill Haveing againe this day Considered the above petition They heirby Remitt and Referr the point of aliement abovementioned To be insisted in Judged and determined by the Judge ordinary as accords in Law in the same maner as it hade never been intented before the Lords of privy Councill nor any act given or pronunced therin and Turnes the Decreet or act of Councill anent the aliement of five hundred merks into a lybell

1. NRS, PC2/25, 257v.

2. The word ‘wayes’ scored out here.

3. The word ‘heirby’ scored out here.

1. NRS, PC2/25, 257v.

2. The word ‘wayes’ scored out here.

3. The word ‘heirby’ scored out here.

Sederunt, 9 July 1695, Edinburgh

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Edinburgh The Nynth Jully 16951

D1695/7/12

Sederunt

His Majesties Commissioner; Earl of Anandale pres; Earl of Melvill p: Seall; Duke of Queensberry; Marquis of Douglas; Earl of Argyll; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Linlithgow; Earl of Lothian; Earl of Leven; Earl of Kintoir; Lord Murray; Lord Yester; Lord Strathnaver; Lord Raith T:d:; Lord Ross; Lord Beilhaven; Lord Carmicheall; Lord Polwarth; Mr Johnston secret:; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Enstruther; Mr Fra: Montgomry; Laird of Grant; Laird of Stivensone; Laird of Blackbarony; Laird of Stivenson;3 Laird of Leyes; Laird of Pollock; Sir Thomas Livingston; Sir John Hall; Sir Robert Cheisly provest of Edinburgh

Edinburgh The Nynth Jully 16951

D1695/7/12

Sederunt

His Majesties Commissioner; Earl of Anandale pres; Earl of Melvill p: Seall; Duke of Queensberry; Marquis of Douglas; Earl of Argyll; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Linlithgow; Earl of Lothian; Earl of Leven; Earl of Kintoir; Lord Murray; Lord Yester; Lord Strathnaver; Lord Raith T:d:; Lord Ross; Lord Beilhaven; Lord Carmicheall; Lord Polwarth; Mr Johnston secret:; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Enstruther; Mr Fra: Montgomry; Laird of Grant; Laird of Stivensone; Laird of Blackbarony; Laird of Stivenson;3 Laird of Leyes; Laird of Pollock; Sir Thomas Livingston; Sir John Hall; Sir Robert Cheisly provest of Edinburgh

1. NRS, PC2/25, 255r.

2. NRS, PC2/25, 255r.

3. Sic.

1. NRS, PC2/25, 255r.

2. NRS, PC2/25, 255r.

3. Sic.

Order, 9 July 1695, Edinburgh

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Holyrudehouse the nynth day of July Jaj vjc nynty and fyve years

A1695/7/71

Order

Recomendatione to the Thesaurie anent the Horses of the Army

Sir Thomas Livingstoune Commander in Cheiff of his majesties forces within the Kingdome Haveing acquainted his majesties high Commissioner and Lords of privie Councill That in respect There is now noe Commissarie to provyde for the Horses of the Armie and that the grass is very Scarce by reasone of the present drouth Therfore He hes been necessitate to quarter them by small parties at great distance The said Lords Recomends to the Lords Commissioners Thesaurie To indeavour to Cause provyde his Majesties Horse in Grass the most expedient and convenient way the can and in the meantyme the said Lords approves of what the said Sir Thomas hath done and Recommends to Him to see the present quartering and provisione of the said Horse and to give the necessarie directions to the officers that the Countrey be duely satisfied

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Order

Recomendatione to the Thesaurie anent the Horses of the Army

Sir Thomas Livingstoune Commander in Cheiff of his majesties forces within the Kingdome Haveing acquainted his majesties high Commissioner and Lords of privie Councill That in respect There is now noe Commissarie to provyde for the Horses of the Armie and that the grass is very Scarce by reasone of the present drouth Therfore He hes been necessitate to quarter them by small parties at great distance The said Lords Recomends to the Lords Commissioners Thesaurie To indeavour to Cause provyde his Majesties Horse in Grass the most expedient and convenient way the can and in the meantyme the said Lords approves of what the said Sir Thomas hath done and Recommends to Him to see the present quartering and provisione of the said Horse and to give the necessarie directions to the officers that the Countrey be duely satisfied

1. NRS, PC1/50, 212.

1. NRS, PC1/50, 212.

Procedure, 9 July 1695, Edinburgh

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Procedure

Provest Cheisly received a Privie Councillour

Sir Robert Cheislie present Provost of Edinburgh who is nominate a Privie Councillour dureing his being provost by a Letter from the Kings Majesties hand which was read and recorded upon the tuenty fyfth day of June last bypast being called for and Haveing appeared did swear the oath of alleadgeance and signe the assureance to his majestie and the Lord President of privie Councill haveing administrated the oath de fideli The provost was received and admitted a Privie Councillour.

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Procedure

Provest Cheisly received a Privie Councillour

Sir Robert Cheislie present Provost of Edinburgh who is nominate a Privie Councillour dureing his being provost by a Letter from the Kings Majesties hand which was read and recorded upon the tuenty fyfth day of June last bypast being called for and Haveing appeared did swear the oath of alleadgeance and signe the assureance to his majestie and the Lord President of privie Councill haveing administrated the oath de fideli The provost was received and admitted a Privie Councillour.

1. NRS, PC1/50, 211.

1. NRS, PC1/50, 211.

Procedure, 9 July 1695, Edinburgh

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Procedure

Lord Yester’s gift to be Shirriff of East Lothiane

A gift under his Majesties great seall in favors of John Lord Hay of Yester appoynting and nominating him Shirreff principall of the Shirriffdome of East Lothiane dureing his majesties pleasure Read and ordered to be recorded in the books of privie Councill and the Lord Yester being present did swear the oath of alleadgeance and signe the assureance to his majestie and the Lord president of privy Councill did administrat the oath to him de fideli Follows the tenor of the gift
Gulielmus Dei gratia Magnae Brittaniae Franciae et Hiberniae Rex fideique defensoris omnibus probis Hominibus suis ad quos has presentes literae nostrae pervenerint Salutem Sciatis nos considiantes2 officium vicecomitis principalis vice comitatis nostrae de East Lothian in antiquo regno nostro Scotiae nunc vaccare in manibus nostris et ad donationem et dispositionem nostram existere cumque nobis ab eunde3 satisfactum sit de fidelitate et integritate Joannis Domini Hay de Yester et de ejus facultatibus et aptitudine adictum munus et officium obeundum igitur dedisse dedisse concessisse et disposuisse secuti tenore presentium damus Concedimus et Disponimus4 Dicto Joanni Comiti Hay de Yester durante nostro beneplacito solummodo dictum officium vicecomitis principalis vice comitatis de East Lothian cum omnibus feodis proficijs emolumentis privilegijs immunitatibus et Casualitatibus quibuscunque eo spectantibus tam plene adeoque libere in omnibus respectibus et conditionibus quam quilibet alius vicecomes cujuscunque alijs vice comitatiis5 indicto nostro regno simuli officio gaudebat guadet6 seu gaudere poterit seccundum leges et Constitutiones ejusdem speciatim vero cum potestate illi durante spacio ante dicto Deputatos et substitutos indi[c]to officio pro quibus respondere tenebitur omniaque allia Cur[i]ae membra necessaria (exceptis Clericis) nominandi et constituendi provisio7 omni modo quod et spondebit8 pro Collectione cumputatione et solutione9 Thesaurarij et s[c]accarij nostri Commissio[na]rijs feudifirmarum Retornatuum et alba firmae divoriarum aliarumque Casualitatum ad nos spectantium vel perp[r]ius ad Regios nostros Predicessores pertinentium et10 nunc solvi et computari solet et Consuet[?as] Et pro praestatione reliquorum officiorum et servitiorum quibus vicecomes vicecomitatuum per leges dicti nostri Regni et officiorum suorum naturam et officium obligantur In cujus Rei testimonium presentibus magnum sigillum nostrum appendi mandavimus apud Aulam nostram de Kensingtoune vegesimo11 octavo die mensis Februarij anno Domini melesimo12 sexcentesimo nonagesimo quinto et anno Regni nostri sexto Per signaturam manu S D N Regis suprasignatam Wryten to the great seall and registratt the nynth day of July Jaj vjc nynty and five years sic subscribitur Dun: Ronald deput sealled at Edinburgh the nynth day of July Jaj vjc nynty and fyve years sic subscribitur John Dicksone

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Procedure

Lord Yester’s gift to be Shirriff of East Lothiane

A gift under his Majesties great seall in favors of John Lord Hay of Yester appoynting and nominating him Shirreff principall of the Shirriffdome of East Lothiane dureing his majesties pleasure Read and ordered to be recorded in the books of privie Councill and the Lord Yester being present did swear the oath of alleadgeance and signe the assureance to his majestie and the Lord president of privy Councill did administrat the oath to him de fideli Follows the tenor of the gift
Gulielmus Dei gratia Magnae Brittaniae Franciae et Hiberniae Rex fideique defensoris omnibus probis Hominibus suis ad quos has presentes literae nostrae pervenerint Salutem Sciatis nos considiantes2 officium vicecomitis principalis vice comitatis nostrae de East Lothian in antiquo regno nostro Scotiae nunc vaccare in manibus nostris et ad donationem et dispositionem nostram existere cumque nobis ab eunde3 satisfactum sit de fidelitate et integritate Joannis Domini Hay de Yester et de ejus facultatibus et aptitudine adictum munus et officium obeundum igitur dedisse dedisse concessisse et disposuisse secuti tenore presentium damus Concedimus et Disponimus4 Dicto Joanni Comiti Hay de Yester durante nostro beneplacito solummodo dictum officium vicecomitis principalis vice comitatis de East Lothian cum omnibus feodis proficijs emolumentis privilegijs immunitatibus et Casualitatibus quibuscunque eo spectantibus tam plene adeoque libere in omnibus respectibus et conditionibus quam quilibet alius vicecomes cujuscunque alijs vice comitatiis5 indicto nostro regno simuli officio gaudebat guadet6 seu gaudere poterit seccundum leges et Constitutiones ejusdem speciatim vero cum potestate illi durante spacio ante dicto Deputatos et substitutos indi[c]to officio pro quibus respondere tenebitur omniaque allia Cur[i]ae membra necessaria (exceptis Clericis) nominandi et constituendi provisio7 omni modo quod et spondebit8 pro Collectione cumputatione et solutione9 Thesaurarij et s[c]accarij nostri Commissio[na]rijs feudifirmarum Retornatuum et alba firmae divoriarum aliarumque Casualitatum ad nos spectantium vel perp[r]ius ad Regios nostros Predicessores pertinentium et10 nunc solvi et computari solet et Consuet[?as] Et pro praestatione reliquorum officiorum et servitiorum quibus vicecomes vicecomitatuum per leges dicti nostri Regni et officiorum suorum naturam et officium obligantur In cujus Rei testimonium presentibus magnum sigillum nostrum appendi mandavimus apud Aulam nostram de Kensingtoune vegesimo11 octavo die mensis Februarij anno Domini melesimo12 sexcentesimo nonagesimo quinto et anno Regni nostri sexto Per signaturam manu S D N Regis suprasignatam Wryten to the great seall and registratt the nynth day of July Jaj vjc nynty and five years sic subscribitur Dun: Ronald deput sealled at Edinburgh the nynth day of July Jaj vjc nynty and fyve years sic subscribitur John Dicksone

1. NRS, PC1/50, 210-211.

2. Sic.

3. Sic. Recte abunde.

4. The word ‘de’ scored out here.

5. Sic. Recte alii vicecomitatii.

6. Sic.

7. Sic. Recte proviso.

8. Sic. Recte respondebit?

9. The phrase ‘Thesuaraij et’ scored out here.

10. The word ‘nuc’ scored out here.

11. Sic.

12. Sic.

1. NRS, PC1/50, 210-211.

2. Sic.

3. Sic. Recte abunde.

4. The word ‘de’ scored out here.

5. Sic. Recte alii vicecomitatii.

6. Sic.

7. Sic. Recte proviso.

8. Sic. Recte respondebit?

9. The phrase ‘Thesuaraij et’ scored out here.

10. The word ‘nuc’ scored out here.

11. Sic.

12. Sic.

Warrant, 9 July 1695, Edinburgh

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Warrant

Warrand for giving up Lord Frazers bond

His majesties high Commissioner and Lords of privy Councill Doe Hereby appoynt the bond granted by Charles Lord Frazer and Samuell Forbes of Foveran his Cautioner for his peaceable behaviour and appearance when called for and als for payment of two Hundred pound sterline quherin the said Lord Frazer is fyned by the Commissioners of Justiciary dated the tuenty third day of may Jaj vjc nynty and three years which is lyeing in the Hands of the Clerks of privy Councill to be delyvered up to the said Lord Frazer In respect James Johnstoun Esquyre principall Secretary of state did signifie to the said Lords That he had acquainted the King upon a Letter from the said Lord Frazer That his Lordship was desyreous to testifie his duety to the Government and to take the oath of alleadgeance and assurance And als in respect the said Lord2 Frazer is now accordingly come and qualified himself by swearing the alleadgeance and signing the assureance and is sitting in this present sessione of parliament

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Warrant

Warrand for giving up Lord Frazers bond

His majesties high Commissioner and Lords of privy Councill Doe Hereby appoynt the bond granted by Charles Lord Frazer and Samuell Forbes of Foveran his Cautioner for his peaceable behaviour and appearance when called for and als for payment of two Hundred pound sterline quherin the said Lord Frazer is fyned by the Commissioners of Justiciary dated the tuenty third day of may Jaj vjc nynty and three years which is lyeing in the Hands of the Clerks of privy Councill to be delyvered up to the said Lord Frazer In respect James Johnstoun Esquyre principall Secretary of state did signifie to the said Lords That he had acquainted the King upon a Letter from the said Lord Frazer That his Lordship was desyreous to testifie his duety to the Government and to take the oath of alleadgeance and assurance And als in respect the said Lord2 Frazer is now accordingly come and qualified himself by swearing the alleadgeance and signing the assureance and is sitting in this present sessione of parliament

1. NRS, PC1/50, 210.

2. The phrase ‘Forbes is’ scored out here.

1. NRS, PC1/50, 210.

2. The phrase ‘Forbes is’ scored out here.

Proclamation, 9 July 1695, Edinburgh

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Proclamation

Proclamatione adjourning the generall assemblie

After reading of the above letter the following proclamatione was immediatlie prepared and the samine being read voted and approven was ordered to be recorded whereof the tenor followeth a proclamatione adjourneing the generall assemblie till the tuenty of November Jaj vjc nynty and fyve years William by the Grace of God King of great Brittaine France and Ireland defender of the Faith To our Lyon King at armes and his brethren heraulds macers of our privy Pursevants messengers at armes our shirriffs in that part conjunctlly and severally specially constitut greeting Forasmuch as we by our proclamatione of the date the tuenty eight day of march last by past Did for the Causes therein specified adjourne the present currant assemblie of this Church till the eleventh day of July instant and seeing the meeting and continowing of this present sessione of parliament for so long a tyme together with our absence in Flanders and severall other reasones doe oblidge us to continow the said2 adjournement from the said eleventh day of July instant to the tuenty day of November next to come3 Therfore we with advyse of the Lords of our privy Councill Doe hereby adjourne the said generall assemblie untill the said tuenty day of November next to come Appoynting the same to meet at that tyme at Edinburgh and requyreing all the members of the assemblie to attend that day Our will is Herefore and we charge you strictly and Comand That incontinent thir our Letters seen ye pass to the marcat Cross of Edinburgh and whole other head burghs of the severall shyres within this Kingdome and there in our name and authority make publicatione Hereof that none may pretend ignorance and ordaines these presents to be printed Given under our Signett at Edinburgh the nynth day of July and of our Reigne the seventh year Jaj vjc nynty and fyve years sic subscribitur Annandale p Queensberrie Douglass Argyle J Morton Cassillis Linlithgow Lothian Kintore Belhaven Robert Sinclair.

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Proclamation

Proclamatione adjourning the generall assemblie

After reading of the above letter the following proclamatione was immediatlie prepared and the samine being read voted and approven was ordered to be recorded whereof the tenor followeth a proclamatione adjourneing the generall assemblie till the tuenty of November Jaj vjc nynty and fyve years William by the Grace of God King of great Brittaine France and Ireland defender of the Faith To our Lyon King at armes and his brethren heraulds macers of our privy Pursevants messengers at armes our shirriffs in that part conjunctlly and severally specially constitut greeting Forasmuch as we by our proclamatione of the date the tuenty eight day of march last by past Did for the Causes therein specified adjourne the present currant assemblie of this Church till the eleventh day of July instant and seeing the meeting and continowing of this present sessione of parliament for so long a tyme together with our absence in Flanders and severall other reasones doe oblidge us to continow the said2 adjournement from the said eleventh day of July instant to the tuenty day of November next to come3 Therfore we with advyse of the Lords of our privy Councill Doe hereby adjourne the said generall assemblie untill the said tuenty day of November next to come Appoynting the same to meet at that tyme at Edinburgh and requyreing all the members of the assemblie to attend that day Our will is Herefore and we charge you strictly and Comand That incontinent thir our Letters seen ye pass to the marcat Cross of Edinburgh and whole other head burghs of the severall shyres within this Kingdome and there in our name and authority make publicatione Hereof that none may pretend ignorance and ordaines these presents to be printed Given under our Signett at Edinburgh the nynth day of July and of our Reigne the seventh year Jaj vjc nynty and fyve years sic subscribitur Annandale p Queensberrie Douglass Argyle J Morton Cassillis Linlithgow Lothian Kintore Belhaven Robert Sinclair.

1. NRS, PC1/50, 209.

2. One illegible word scored out here.

3. Three illegible words scored out here.

1. NRS, PC1/50, 209.

2. One illegible word scored out here.

3. Three illegible words scored out here.

Letter: royal, 9 July 1695, Edinburgh

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Letter: royal

Letter frae the King Adjourneing the generall assemblie

The Letter afterinsert being read in presene2 of the Lords of his majesties Privy Councill was ordored to be recorded in their books whereof the tenor followeth sic subscribitur William Rex Right trusty and right welbeloved Cousin and Councillor Right trustie and intirely beloved Cousin and Councillor Right trusty and right welbeloved Cousins and Councillors Right trusty and welbeloved Cousins and Councillors Right trusty and welbeloved Councillors and trusty and welbeloved Councillors we greet you well whereas by our Letter in march Last the meeting of our generall assemblie was put off to the eleventh day of July next and our parliament not being now to meet as soon as was then intended and it being necessary That we know what shall be done in parliament about Church matters before we can give the necessary ordors and instructiones for the meeting of the assemblie and the distance we shall be at and the uncertainty of passadge may happen to come too Late It is therfore our Will and pleasure That in case you receive noe orders from us before the said eleventh day of July for the meeting of the generall assemblie at that tyme, you emitt a proclamatione for adjourneing the same to the tuentie day of November next to come against which tyme you may expect the necessary ordors concerneing the meeting of it so we bid you heartily farwell Given at our Court at Kensingtoune the seventhenth day of Apryll Jaj vjc nynty and fyve years and of our3 Reigne the seventh year By his majesties Command sic subscribitur J Johnstoune

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Letter: royal

Letter frae the King Adjourneing the generall assemblie

The Letter afterinsert being read in presene2 of the Lords of his majesties Privy Councill was ordored to be recorded in their books whereof the tenor followeth sic subscribitur William Rex Right trusty and right welbeloved Cousin and Councillor Right trustie and intirely beloved Cousin and Councillor Right trusty and right welbeloved Cousins and Councillors Right trusty and welbeloved Cousins and Councillors Right trusty and welbeloved Councillors and trusty and welbeloved Councillors we greet you well whereas by our Letter in march Last the meeting of our generall assemblie was put off to the eleventh day of July next and our parliament not being now to meet as soon as was then intended and it being necessary That we know what shall be done in parliament about Church matters before we can give the necessary ordors and instructiones for the meeting of the assemblie and the distance we shall be at and the uncertainty of passadge may happen to come too Late It is therfore our Will and pleasure That in case you receive noe orders from us before the said eleventh day of July for the meeting of the generall assemblie at that tyme, you emitt a proclamatione for adjourneing the same to the tuentie day of November next to come against which tyme you may expect the necessary ordors concerneing the meeting of it so we bid you heartily farwell Given at our Court at Kensingtoune the seventhenth day of Apryll Jaj vjc nynty and fyve years and of our3 Reigne the seventh year By his majesties Command sic subscribitur J Johnstoune

1. NRS, PC1/50, 208-9.

2. Sic.

3. The phrase ‘Reigne the seventh year sic subsc’ scored out here.

1. NRS, PC1/50, 208-9.

2. Sic.

3. The phrase ‘Reigne the seventh year sic subsc’ scored out here.

Sederunt, 9 July 1695, Edinburgh

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Sederunt

His Majesties high Commissioner; Earl of Annandale; Earl of Melvill; Duke of Queensberry; Marquis of Douglass; Earl of Argyle; Earl of Southerland; Earl of Mortoune; Earl of Cassills; Earl of Linlithgoe; Earl of Lothian; Earl of Leven; Earl of Kintore; Lord Murray; Lord Yester; Lord Strathnaver; Lord Raith; Lord Ross; Lord Carmichaell; Lord Beilheaven; Lord Polwarth; Mr Johnstoune Lord secry; Lord Advocat; Lord Justice Clerk; Lord Hattoune; Lord Enstruther; Mr Fr Montgomry; Laird of Grant; Laird of Blackbarrony; Laird of Stevensone; Laird of Leyes; Laird of Pollock; Sir Thomas Livingstoune; Sir John Hall; Sir Rott Cheisley present provost of Edinburgh

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Sederunt

His Majesties high Commissioner; Earl of Annandale; Earl of Melvill; Duke of Queensberry; Marquis of Douglass; Earl of Argyle; Earl of Southerland; Earl of Mortoune; Earl of Cassills; Earl of Linlithgoe; Earl of Lothian; Earl of Leven; Earl of Kintore; Lord Murray; Lord Yester; Lord Strathnaver; Lord Raith; Lord Ross; Lord Carmichaell; Lord Beilheaven; Lord Polwarth; Mr Johnstoune Lord secry; Lord Advocat; Lord Justice Clerk; Lord Hattoune; Lord Enstruther; Mr Fr Montgomry; Laird of Grant; Laird of Blackbarrony; Laird of Stevensone; Laird of Leyes; Laird of Pollock; Sir Thomas Livingstoune; Sir John Hall; Sir Rott Cheisley present provost of Edinburgh

1. NRS, PC1/50, 208.

2. NRS, PC1/50, 208.

1. NRS, PC1/50, 208.

2. NRS, PC1/50, 208.