Sederunt, 4 April 1700, Edinburgh

Att Edinburgh The Fourth day of Aprill one thousand seven hundred years Ante Meridiem1

D1700/4/12

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Earl of Buchan; Earl of Lauderdale; Earl of Forfar; Lord Forbes; Lord Advocat; Lord Thesaurer Deput; Lord Aberuchill; Lord Crossrig; Lord Phesdoe; Laird of Stivinson; Lord Provest of Edinburgh

Att Edinburgh The Fourth day of Aprill one thousand seven hundred years Ante Meridiem1

D1700/4/12

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Earl of Buchan; Earl of Lauderdale; Earl of Forfar; Lord Forbes; Lord Advocat; Lord Thesaurer Deput; Lord Aberuchill; Lord Crossrig; Lord Phesdoe; Laird of Stivinson; Lord Provest of Edinburgh

1. NRS, PC2/27, 334r.

2. NRS, PC2/27, 334r.

1. NRS, PC2/27, 334r.

2. NRS, PC2/27, 334r.

Act, 7 April 1698, Edinburgh

Att Edinburgh the Seventh day of Aprile Jaj vic nyntie eight years

D1698/4/41

Act

Act Hamiltoune against William Mccaw

Anent the petitione given in to The Lords of his majesties privie Counsell be Robert Hamiltowne Late Chamberland to the deceast Countess Dowager of Cassills Shewing That wher William Mccaw Sometyme tennent in Trochen haveing raised ane Lybell befor her Lordships against Mr Alexander Stevensone and George Andersone Narratting severall deeds violences and oppressioen alleadged Committed by them against him in Seasing and disposeing of his goods to the value of thrie Thousand pund But Lybelling nether violence nor wrong against the petitioner But only that he succeeded as Chamberland to the said Mr Alexander and ought to compt reckon and pay to the said William Mccaw of what was left by the said Mr Alexander and intrometted with by the petitioner As the Lybell qwoad the petitioner is altogither civill soe at the dyet of appeareance he was here and dureing his abode the said William Mccaw withdrew and never called his lybell But he no sooner offered to returne But in the Vaccance he calls and obtaines certificatione against which It being reponed and by reasone of his groeing infirmitie through age not being able to appear he prodwced a testificat of his infirmitie upon soule and conscience of the minister and magistrats of Mayboll wher he Lives And also that the process was altogither civill as to the petitioner and only competent befor the Judge ordinary ther Lordships being taken up with weightie maters yet ther Lordships were pleased to remit the Same to the Judge ordinary and ordained the petitioner to pay Ane hundereth merks of expensses As to which he beggs Libertie to represent that this William Mccaw persewer hes the benefite of the poors roll befor the Sessione and soe getts Summonds gratis and therwith oppresseth the countrie by giveing them citationes and takeing them back for rewards and small gratwities and now hes the Same benefite from ther Lordships and though his lybell bears nothing of wrong or Violence done by the petitioner to him yet the petitioner is putt in the close of a lybell against others upon this only head of inromissione with his goods as he who succeeded in the place of a former chamberland and which is altogither civill and competent befor the Judge ordinary And to convince ther Lordships that the petitioner never did him wrong or injure in caice he prevaill befor the Judge ordaines against the petitioenr for the Least farthing he is content to pay the expenss modified But if he doe not prevaill ther is Litle reasone to encourage Such clamorous persones with allowing them expenss in this most wnjust perswites And therfore Humbly creaving ther Lordships to remitt the cause to the Judge ordinary without expenss atleast to Superceed extracting therof untill the event of the process that it may appear whither he or the petitioner are in the wrong And in caise the Same be extracted to grant Suspensione therof without Cawtione or consignatione As the said petitione bears Which being this day read and considered be the saids Lords of his majesties privie Counsell and ansuers for William Mccaw They heirby Superceed any executione to be Done by the said William Mccaw against the petitioner for payment of the above soume of Ane hundereth merks untill the event of the process depending at William Mccaws instance against the petitioner for the alleadged Spwilezea mentioned in the petitione and allowes Suspensione to be expeded for the said Soume without Cawtione or consignatione

Att Edinburgh the Seventh day of Aprile Jaj vic nyntie eight years

D1698/4/41

Act

Act Hamiltoune against William Mccaw

Anent the petitione given in to The Lords of his majesties privie Counsell be Robert Hamiltowne Late Chamberland to the deceast Countess Dowager of Cassills Shewing That wher William Mccaw Sometyme tennent in Trochen haveing raised ane Lybell befor her Lordships against Mr Alexander Stevensone and George Andersone Narratting severall deeds violences and oppressioen alleadged Committed by them against him in Seasing and disposeing of his goods to the value of thrie Thousand pund But Lybelling nether violence nor wrong against the petitioner But only that he succeeded as Chamberland to the said Mr Alexander and ought to compt reckon and pay to the said William Mccaw of what was left by the said Mr Alexander and intrometted with by the petitioner As the Lybell qwoad the petitioner is altogither civill soe at the dyet of appeareance he was here and dureing his abode the said William Mccaw withdrew and never called his lybell But he no sooner offered to returne But in the Vaccance he calls and obtaines certificatione against which It being reponed and by reasone of his groeing infirmitie through age not being able to appear he prodwced a testificat of his infirmitie upon soule and conscience of the minister and magistrats of Mayboll wher he Lives And also that the process was altogither civill as to the petitioner and only competent befor the Judge ordinary ther Lordships being taken up with weightie maters yet ther Lordships were pleased to remit the Same to the Judge ordinary and ordained the petitioner to pay Ane hundereth merks of expensses As to which he beggs Libertie to represent that this William Mccaw persewer hes the benefite of the poors roll befor the Sessione and soe getts Summonds gratis and therwith oppresseth the countrie by giveing them citationes and takeing them back for rewards and small gratwities and now hes the Same benefite from ther Lordships and though his lybell bears nothing of wrong or Violence done by the petitioner to him yet the petitioner is putt in the close of a lybell against others upon this only head of inromissione with his goods as he who succeeded in the place of a former chamberland and which is altogither civill and competent befor the Judge ordinary And to convince ther Lordships that the petitioner never did him wrong or injure in caice he prevaill befor the Judge ordaines against the petitioenr for the Least farthing he is content to pay the expenss modified But if he doe not prevaill ther is Litle reasone to encourage Such clamorous persones with allowing them expenss in this most wnjust perswites And therfore Humbly creaving ther Lordships to remitt the cause to the Judge ordinary without expenss atleast to Superceed extracting therof untill the event of the process that it may appear whither he or the petitioner are in the wrong And in caise the Same be extracted to grant Suspensione therof without Cawtione or consignatione As the said petitione bears Which being this day read and considered be the saids Lords of his majesties privie Counsell and ansuers for William Mccaw They heirby Superceed any executione to be Done by the said William Mccaw against the petitioner for payment of the above soume of Ane hundereth merks untill the event of the process depending at William Mccaws instance against the petitioner for the alleadged Spwilezea mentioned in the petitione and allowes Suspensione to be expeded for the said Soume without Cawtione or consignatione

1. NRS, PC2/27, 108r-109r.

1. NRS, PC2/27, 108r-109r.

Sederunt, 7 April 1698, Edinburgh

Att Edinburgh the Seventh day of Aprile Jaj vic nyntie eight years1

D1698/4/32

Sederunt

Earl of Southerland; Earl of Annandale; Earl of Ruglen; Lord Yester; Viscount Tarbat; Lord Carmichaell; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Laird of Stevensone; Lord Provost of Edinburgh

Att Edinburgh the Seventh day of Aprile Jaj vic nyntie eight years1

D1698/4/32

Sederunt

Earl of Southerland; Earl of Annandale; Earl of Ruglen; Lord Yester; Viscount Tarbat; Lord Carmichaell; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Laird of Stevensone; Lord Provost of Edinburgh

1. NRS, PC2/27, 108r.

2. NRS, PC2/27, 107v-108r.

1. NRS, PC2/27, 108r.

2. NRS, PC2/27, 107v-108r.

Warrant, 5 April 1698, Edinburgh

Att Edinburgh the fifth day of Aprile Jaj vic nyntie eight yeirs

D1698/4/21

Warrant

Warrand to give up Phinhavens bond

Sir Gilbert Eliot clerk of privie Counsell haveing represented that maister James Carnegie of Phineven by order of the Lords of his majesties privie Counsell of the threttie of December Jaj vic nyntie seven had given bond by him as principall and John Scott of Logie as Cawtioner that he should attend all the dyets of Councill and Countie in the process then depending at The Lord Advocats instance against him The Laird of Kinnffauns and Mr James Grub minister at Oathlaw and that he should fullfill the sentance of Councell to be pronunced therin daited the first day of Janwary Jaj vic and nyntie eight And that the said proces never being insisted in The saids Lords of his majesties privie Counsell have by ther act of the third of March Last bypast ordained Finneven to grant bond and find Cautione in both processes Depending at Kinnfauns instance against him befor the Counsell which he hes found Dated the twentie one day of March Last And Since this Last bond comes in place of the first bond tho it be not in the Same process Phineven craves that he may have up the said first bond Which being considered by the saids Lords they heirby awthorize and give warrand to ther clerks of Counsell to give up the said first bond to Phineven dated the first of Janwary Jaj vic nyntie eight yeirs For which this shall be to all concerned a sufficient warrand

Att Edinburgh the fifth day of Aprile Jaj vic nyntie eight yeirs

D1698/4/21

Warrant

Warrand to give up Phinhavens bond

Sir Gilbert Eliot clerk of privie Counsell haveing represented that maister James Carnegie of Phineven by order of the Lords of his majesties privie Counsell of the threttie of December Jaj vic nyntie seven had given bond by him as principall and John Scott of Logie as Cawtioner that he should attend all the dyets of Councill and Countie in the process then depending at The Lord Advocats instance against him The Laird of Kinnffauns and Mr James Grub minister at Oathlaw and that he should fullfill the sentance of Councell to be pronunced therin daited the first day of Janwary Jaj vic and nyntie eight And that the said proces never being insisted in The saids Lords of his majesties privie Counsell have by ther act of the third of March Last bypast ordained Finneven to grant bond and find Cautione in both processes Depending at Kinnfauns instance against him befor the Counsell which he hes found Dated the twentie one day of March Last And Since this Last bond comes in place of the first bond tho it be not in the Same process Phineven craves that he may have up the said first bond Which being considered by the saids Lords they heirby awthorize and give warrand to ther clerks of Counsell to give up the said first bond to Phineven dated the first of Janwary Jaj vic nyntie eight yeirs For which this shall be to all concerned a sufficient warrand

1. NRS, PC2/27, 107v-108r.

1. NRS, PC2/27, 107v-108r.

Sederunt, 5 April 1698, Edinburgh

Att Edinburgh the fifth day of Aprile Jaj vic nyntie eight yeirs1

D1698/4/12

Sederunt

Marquis of Tweedale; Earl of Southerland; Earl of Annandale; Lord Yester; Lord Carmichael; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Proveist of Edinburgh

Att Edinburgh the fifth day of Aprile Jaj vic nyntie eight yeirs1

D1698/4/12

Sederunt

Marquis of Tweedale; Earl of Southerland; Earl of Annandale; Lord Yester; Lord Carmichael; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Proveist of Edinburgh

1. NRS, PC2/27, 107v.

2. NRS, PC2/27, 107v.

1. NRS, PC2/27, 107v.

2. NRS, PC2/27, 107v.

Act, 30 April 1697, Edinburgh

Att Edinburgh the threttie Day of Aprile Jaj vic nyntie Seven yeirs

D1697/4/151

Act

Act Anent Vacand Stipend of Fintrey

Anent the petitione given in to the Lords of his majesties privie Counsell be Sir John Forbes of Craigyvarr Shewing that wher ther Lordships petitioner being patron of the church of Fintrey And to whom the most pairt of the paroch Doeth in proppertie be Long which church hath now bein vaccant these two yeirs bypast and Althowgh the petitioner might esteem himself Sufficientlie impowered in Law to apply the vaccant Stipends as patron upon pious wses within the said parochin in the termes of the act of parliament yet he thought himself obleidged in dwetie to apply to ther Lordships that they would be pleased to appoint the same to be uplifted and applyed for erecting a Schoollhouse att Hatton of Fintrey with the said parochin (being a most convenient place for the Same) And for being a fond for the mentainance of a Schoollmaister and for bwilding a bridge over the burne of Fintray at Newmylne the same being most piows and commendable wses which its hoped ther Lordships will not declyne Seing the parliament in the Last Sessione and by the twentie sixth act therof hes bein at soe great paines in provideing Schoolls for the educatione of yowth And by which act it is declaired that the provideing of Schoolls and Schoollmaisters is a piows wse within the paroch To which it shall be Laufull to the patrones to imploy the said vaccant Stipend as they shall Sie cause And therfore humblie craveing to the effect eftermentioned As the said petition bears which being this day red and considered by the saids Lords of privie Counsell They heirby allow the vaccant Stipend of the above Kirk and paroch of Fintrey for yeirs Jaj vic nyntie five and nyntie six But prejudice of the twentie merks payable by act of parliament to such ministers as Shall happen to preach in the said Kirk Dureing the Saids two years) to be applyed for erecting a Schoollhouse at Hatton of Fintrie within the said paroch and for being a fond for mentainance of a Schooll maister and for bwilding a bridge over the burne of Fintrie at Newmylne and nominats and appoints Mr Arthur Forbes writer in Edinburgh to be factor for uplifting the saids vaccant Stipends In respect the said Arthur Forbes factor hes given bond and found Sufficient cautione acted in the books of privie Counsell That he Shall apply the Saids two yeirs vaccant Stipend of the said paroch for erecting a Schoollhouse at Hatton of Fintrie within the said paroch and for being a fond for mentainance of a Schoollmaister And for bwilding a bridge over the burne of Fintrie at Newmilne and that he Shall make payment of the Superplus (if any be) of the saids two yeirs vaccand Stipends to the Lords of his majesties privie Counsell or any whom they Shall appoint And the saids Lords decernes and ordaines the said factor to be readiely andsuered obeyed and payed of the saids two yeirs vaccand Stipends by the heretors fewars wodsetters liferenters titullars tacksemen of teinds tennents possessors and others lyable in payment of the Same And ordaines Letters of horneing on fiftein Dayes and others needfull to be direct heiron at the said factors instance against the heretors and others foirsaids lyable in payment of the saids vaccand Stipends upon productione of a Decreit of Localitie and in caise ther be non ordaines the heretors and others foirsaids to make payment to the said factor of ther respective proportions proprtiones of the saids vaccand stipends according as they shall be decerned by the Judge ordinarie

Att Edinburgh the threttie Day of Aprile Jaj vic nyntie Seven yeirs

D1697/4/151

Act

Act Anent Vacand Stipend of Fintrey

Anent the petitione given in to the Lords of his majesties privie Counsell be Sir John Forbes of Craigyvarr Shewing that wher ther Lordships petitioner being patron of the church of Fintrey And to whom the most pairt of the paroch Doeth in proppertie be Long which church hath now bein vaccant these two yeirs bypast and Althowgh the petitioner might esteem himself Sufficientlie impowered in Law to apply the vaccant Stipends as patron upon pious wses within the said parochin in the termes of the act of parliament yet he thought himself obleidged in dwetie to apply to ther Lordships that they would be pleased to appoint the same to be uplifted and applyed for erecting a Schoollhouse att Hatton of Fintrey with the said parochin (being a most convenient place for the Same) And for being a fond for the mentainance of a Schoollmaister and for bwilding a bridge over the burne of Fintray at Newmylne the same being most piows and commendable wses which its hoped ther Lordships will not declyne Seing the parliament in the Last Sessione and by the twentie sixth act therof hes bein at soe great paines in provideing Schoolls for the educatione of yowth And by which act it is declaired that the provideing of Schoolls and Schoollmaisters is a piows wse within the paroch To which it shall be Laufull to the patrones to imploy the said vaccant Stipend as they shall Sie cause And therfore humblie craveing to the effect eftermentioned As the said petition bears which being this day red and considered by the saids Lords of privie Counsell They heirby allow the vaccant Stipend of the above Kirk and paroch of Fintrey for yeirs Jaj vic nyntie five and nyntie six But prejudice of the twentie merks payable by act of parliament to such ministers as Shall happen to preach in the said Kirk Dureing the Saids two years) to be applyed for erecting a Schoollhouse at Hatton of Fintrie within the said paroch and for being a fond for mentainance of a Schooll maister and for bwilding a bridge over the burne of Fintrie at Newmylne and nominats and appoints Mr Arthur Forbes writer in Edinburgh to be factor for uplifting the saids vaccant Stipends In respect the said Arthur Forbes factor hes given bond and found Sufficient cautione acted in the books of privie Counsell That he Shall apply the Saids two yeirs vaccant Stipend of the said paroch for erecting a Schoollhouse at Hatton of Fintrie within the said paroch and for being a fond for mentainance of a Schoollmaister And for bwilding a bridge over the burne of Fintrie at Newmilne and that he Shall make payment of the Superplus (if any be) of the saids two yeirs vaccand Stipends to the Lords of his majesties privie Counsell or any whom they Shall appoint And the saids Lords decernes and ordaines the said factor to be readiely andsuered obeyed and payed of the saids two yeirs vaccand Stipends by the heretors fewars wodsetters liferenters titullars tacksemen of teinds tennents possessors and others lyable in payment of the Same And ordaines Letters of horneing on fiftein Dayes and others needfull to be direct heiron at the said factors instance against the heretors and others foirsaids lyable in payment of the saids vaccand Stipends upon productione of a Decreit of Localitie and in caise ther be non ordaines the heretors and others foirsaids to make payment to the said factor of ther respective proportions proprtiones of the saids vaccand stipends according as they shall be decerned by the Judge ordinarie

1. NRS, PC2/26, 349r-350r.

1. NRS, PC2/26, 349r-350r.

Sederunt, 30 April 1697, Edinburgh

Att Edinburgh the threttie Day of Aprile Jaj vic nyntie Seven yeirs1

D1697/4/142

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Lauderdale; Earl of Lowdowne; Earl of Annandale; Earl of Forffar; Earl of Rwglen; Lord John Hamiltoun; Viscount Tiviot; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Fountainhall; Lord Anstruther; Mr Fra: Montgomry; Laird of Blackbarrony; Proveist of Edinburgh

Att Edinburgh the threttie Day of Aprile Jaj vic nyntie Seven yeirs1

D1697/4/142

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Lauderdale; Earl of Lowdowne; Earl of Annandale; Earl of Forffar; Earl of Rwglen; Lord John Hamiltoun; Viscount Tiviot; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Fountainhall; Lord Anstruther; Mr Fra: Montgomry; Laird of Blackbarrony; Proveist of Edinburgh

1. NRS, PC2/26, 348v.

2. NRS, PC2/26, 348v.

1. NRS, PC2/26, 348v.

2. NRS, PC2/26, 348v.

Act, 27 April 1697, Edinburgh

Att Edinburgh the twentie Seventh day of Aprile Jaj vic nyntie seven yeirs

D1697/4/131

Act

Act Moriesone of Prestounegraing for a Glass Manufactorie

Anent the petitione given in to the Lords of his majesties privie Counsell be William Moriesone of Prestownegrange Shewing That wher by the act of parliament Jaj vic eightie ane for incouradgeing trade and manwfactories ther Lordships are awthorized to declaire manwfactories that shall be sett up to be such to the effect they may injoy the priviledges Liberties and immwnities granted by the said act and other acts of parliament And that the petitioner is purposed to Sett up a manwfactorie within his bownds for makeing of all Sorts of Grass as bottles tialls drinking window mirror and waich glasses and hes in order therto conduced with Strangers for carieing on the said work who find great incouradgement for the Same within his Said bownds And therfore humblie craveing to the effect eftermentioned As the said petitione bears which being this day red and considered be the saids Lords of privie Cownsell They doe heirby allow the petitioner to Sett up a manwfactorie within his bounds at the place called Aitchiesones haven alias New Haven (2for makeing of the glasses and glass work above written wher ther was a glass work in former tymes And the Saids Lords doe heirby declaire that the said manwfactorie and glass work with the persones to be imployed therin and Stock imployed therin Shall have and injoy the haill priviledges Liberties and immwnities granted by the above acts of parliament or any other acts of parliament or Counsell in favoures of manwfactories at any tyme by gone

Att Edinburgh the twentie Seventh day of Aprile Jaj vic nyntie seven yeirs

D1697/4/131

Act

Act Moriesone of Prestounegraing for a Glass Manufactorie

Anent the petitione given in to the Lords of his majesties privie Counsell be William Moriesone of Prestownegrange Shewing That wher by the act of parliament Jaj vic eightie ane for incouradgeing trade and manwfactories ther Lordships are awthorized to declaire manwfactories that shall be sett up to be such to the effect they may injoy the priviledges Liberties and immwnities granted by the said act and other acts of parliament And that the petitioner is purposed to Sett up a manwfactorie within his bownds for makeing of all Sorts of Grass as bottles tialls drinking window mirror and waich glasses and hes in order therto conduced with Strangers for carieing on the said work who find great incouradgement for the Same within his Said bownds And therfore humblie craveing to the effect eftermentioned As the said petitione bears which being this day red and considered be the saids Lords of privie Cownsell They doe heirby allow the petitioner to Sett up a manwfactorie within his bounds at the place called Aitchiesones haven alias New Haven (2for makeing of the glasses and glass work above written wher ther was a glass work in former tymes And the Saids Lords doe heirby declaire that the said manwfactorie and glass work with the persones to be imployed therin and Stock imployed therin Shall have and injoy the haill priviledges Liberties and immwnities granted by the above acts of parliament or any other acts of parliament or Counsell in favoures of manwfactories at any tyme by gone

1. NRS, PC2/26, 348r-348v.

2. Closing bracket missing.

1. NRS, PC2/26, 348r-348v.

2. Closing bracket missing.

Sederunt, 27 April 1697, Edinburgh

Att Edinburgh the twentie Seventh day of Aprile Jaj vic nyntie seven yeirs1

D1697/4/122

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Forffar; Lord Ruthven; Lord Advocat; Lord Justice clerk; Lord Fountainhall; Lord Anstruther; Mr Fra: Montgomery

Att Edinburgh the twentie Seventh day of Aprile Jaj vic nyntie seven yeirs1

D1697/4/122

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Forffar; Lord Ruthven; Lord Advocat; Lord Justice clerk; Lord Fountainhall; Lord Anstruther; Mr Fra: Montgomery

1. NRS, PC2/26, 348r.

2. NRS, PC2/26, 348r.

1. NRS, PC2/26, 348r.

2. NRS, PC2/26, 348r.

Act, 22 April 1697, Edinburgh

Att Edinburgh the twentie Second of Aprile Jaj vic nyntie seven yeirs

D1697/4/111

Act

Act Wardlaw against Mr Jack

Petitione Alexander Wardlaw Chamberland of Biggar read and the Counsell allowes ther clerks to give out Letters at the petitioners instance upon the within bond granted by the said Mr Jack against him and his Cautioner therin mentioned in the termes of the bond Nota this bill is lying in sederwnt twentie second of Jwne Jaj vic nyntie seven with a new Deliverance upon it of that Day

Att Edinburgh the twentie Second of Aprile Jaj vic nyntie seven yeirs

D1697/4/111

Act

Act Wardlaw against Mr Jack

Petitione Alexander Wardlaw Chamberland of Biggar read and the Counsell allowes ther clerks to give out Letters at the petitioners instance upon the within bond granted by the said Mr Jack against him and his Cautioner therin mentioned in the termes of the bond Nota this bill is lying in sederwnt twentie second of Jwne Jaj vic nyntie seven with a new Deliverance upon it of that Day

1. NRS, PC2/26, 348r.

1. NRS, PC2/26, 348r.