D1697/4/10
D1697/4/102
Sederunt
Lord Chancellor; Earl of Southerland; Earl of Annandale; Earl of Forffar; Lord John Hamiltoun; Viscount Tiviot; Lord Bellhaven; Lord Ruthven; Lord Advocat; Lord Hallcraig; Laird of Pollock; Proveist of Edinburgh
1. NRS, PC2/26, 348r.
2. NRS, PC2/26, 348r.
1. NRS, PC2/26, 348r.
2. NRS, PC2/26, 348r.
D1697/4/9
D1697/4/91
Act
Anent the petitione given in to the Lords of his majesties privie Counsell be The heretors of the paroch of Leckropt Shewing That by Severall Lawes and acts of parliament it is provyded That the manse Should be repaired out of the foirend of the vaccant Stipends And by a particular act of this current parliament It is provyded that the vaccant Stipends Should be imployed upon piows wses with in the paroch And the said church of Leikropt being vaccant for the cropt and yeir of God Jaj vic and nyntie Six The said vaccant Stipend cannot be better bestowed then upon these piows wses within the paroch viz for repaireing the manse office houses kirk and kirk yeards of the said paroch untill which be Done ther kirk can not be convenientlie planted for want of a Suteable habitatione to the minister As alsoe the yowng ones of the said paroch are much neglected of ther instructione and Learneing for want of a convenient Schooll2 house As alsoe the bridge over the water of Allan which is not only the comowne passage for the greatest pairt of the paroch to the church But lyes on the high way from Stireling to the north is now Soe rwined and decayed that it will requyre a considerable Soume for due reparatione therof And The Lord Cardross patron of the said paroch being willing that they should Supplicat ther Lordships for applyeing the vaccant Stipend of the said church to be imployed upon the piows wses foirsaids upon Sufficient cautione to be found by the factor to be appointed by ther Lordships for that effect And therfore humblie craveing to the effect efter mentioned As the said petitione bears Which being this day red and considered be the saids Lords of privie Counsell They heirby allow the vaccant Stipend of the above kirk of Leckropt for the haill cropt and yeir of God Jaj vic and nyntie Six to be imployed for the wses mentioned in the bill viz for repaireing of the manse office houses kirk and kirkyeard of the said paroch of Leckropt and for bwilding a convenient Schoollhouse in the said paroch and for repairing the bridge over the water of Allan And the saids Lords nominats and appoints James Campbell of Leckropt to be factor for uplifting of the said vaccant Stipend and decernes and ordaines the said factor to be readielie ansuered obeyed and payed of the said yeirs Stipend by the heretors fewers wodsetters Liferenters titullars tacksemen of teinds tennents possessors and others lyable in payment of the said yeirs Stipend And ordaines Letters of horneing on fiftein dayes and others needfull to be direct at the said factors instance against the heretors and others foirsaids lyable in payment of the said yeirs Stipend upon productione of a decreit of Localitie and in caise ther be non ordaines the heretors and others foirsaids to make payment of ther respective proportiones of the said yeirs Stipend according as they Shall be decerned by the Jwdge ordinary In respect the said factor hes given bond and fownd Sufficient cautione acted in the books of privie Counsell that he Shall imploy the above vaccant Stipend of the above paroch of Leckropt for the ends and wses foirsaids viz for repaireing the manse office houses kirk and kirk yeards of the said paroch of Leckropt and for bwilding a convenient Schooll house in the said paroch and for repaireing of the bridge over the water of Allan And that he Shall make payment of the Superplus of the said vaccant Stipend if any Shall be not imployed for the wses foirsaids to The Lords of privie Counsell or any whom they shall appoint
1. NRS, PC2/26, 346v-348r.
2. The suffix ‘measter’ scored out here.
1. NRS, PC2/26, 346v-348r.
2. The suffix ‘measter’ scored out here.
D1697/4/8
D1697/4/82
Sederunt
Lord Chancellor; Earl of Lauderdale; Earl of Annandale; Earl of Forffar; Lord John Hamilton; Viscount Tiviot; Lord Advocat; Lord Hallcraig; Lord Anstruther; Laird of Pollock; Laird of Cessnock; Proveist of Edinburgh
1. NRS, PC2/26, 346v.
2. NRS, PC2/26, 344v-345v.
1. NRS, PC2/26, 346v.
2. NRS, PC2/26, 344v-345v.
D1697/4/7
D1697/4/71
Act
Anent the petitione given in to the Lords of his majesties privie Counsell be Mr William Innes minister at Carnock Shewing That wher the wnited presbetries of Dumfermleing and Kirkaldie by ther act of the date the fiftein of March Jaj vic nyntie four yeirs in consideratione that the patron of the kirk of Carnock hade not for severall yeirs from the yeir Jaj vic eightie nyn that the said kirk had bein vaccant applyed the vaccant Stipend to piows wses within the paroch But had failled to doe the Same Speciallie for the yeir Jaj vic and nyntie thrie besydes other thrie yeirs of the Saids Vaccancies that were then resting and unimployed as said is And the said presbetrie Considering that by the act of parliament Jaj vic and nyntie concerning patronadges in caise the patron Should faill in applyeing the vaccant Stipends for piows wses within the paroch It is expresslie provided he Should Lose his right of administratione of the said vaccant Stipend for that and the next vaccancie And the Same Should be disposed of by the presbetrie to the piows wses foirsaid And altho that the petitioner being then placed and ordained minister of the said kirk in the moneth of october then Last did preach constantlie in the said kirk from the terme of Candlemise preceeding except a few Saboths that he was ordered els wher by the presbetrie And that for his Said Laboure he deserved to tbe considered especiallie that Seing that falling to be placed efter Michaelmise through the contentiows oppositione made to him by some heretors the petitioner could not have the ordinarie Legall right to any Stipend till efter Michaelmise Jaj vic nyntie four and So much hes served gratis wnles otherwise provided for more then a yeir and ane half And the said presbetrie considering that ther could not be a more piows wse within the paroch then that the Labourer in the ministrie therof Should be Supplyed and Subsisted for his work Therfor the saids presbetries according to the power given them by the foirsaid act of parliament did by the said act dispose and appoint the vaccant Stipend of the said kirk and paroch for the cropt and yeir Jaj vic nyntie thrie or atleast the eqwivalent out of the preceeding vaccancies to be payed to the petitioner for his said work and Laboure praying all ther majesties Judges and officers to be assistant to the petitioner therin if need be as accords As the said act of the said presbetries bears And seing that hitherto the petitioner hes receaved no payment of the said Stipend Jaj vic and nyntie thrie which extends to the Soume of Ane Thowsand merks Scotts But on the contrair The Earle and Countess Kincairden are demanding the Same as patrons and intend to deprive the petitioner of the Same As also that ther is the Soume of2 Nyn Hundereth merks or therby of bygone vaccant Stipends resting and due in the hands of James Cleilland of Pendinnis As also victuall Stipend to the valwe of two Hundereth merks in the hands of Henry Wardlaw of Lwscar both heretors of the said paroch who if awthorized by ther Lordships will pay the Same to the petitioner wherby he will be fried from persueing the haill heretors and others lyable in payment conforme to the decreit of Localitie which would be a great trouble and attendance to the petitioner which he cannot well undergoe being now obleidged to Leave that paroch and to transport himself and familie to Thurso in Caithnes by the act of the generall assemblie And therfore humbly craveing to the effect eftermentioned As the said petitione bears Which being this day red and considered be the saids Lords of privie Cownsell with the act of the wnited presbetries of Drumfermeling and Kirkaldie mentioned therin and produced therwith They heirby ordaine the above James Cleilland to make payment to the petitioner of the above Soume of nyn hundereth merks or therby of vaccant Stipends of the said Kirk of Carnock due and resting in his hands And alsoe decernes and ordaines the above Henry Wardlaw of Lwscor to make payment to the petitioner of the Victuall Stipend of the said Kirk to the valwe of two hundereth merks which is in his hands and ordaines Letters of Horneing on fiftein dayes and others necessar to be direct heiron under the Signet of Councill at the petitioners instance against the forenamed persones for the saids soumes
1. NRS, PC2/26, 345v-346v.
2. An illegible word scored out here.
1. NRS, PC2/26, 345v-346v.
2. An illegible word scored out here.
D1697/4/6
D1697/4/61
Act
Anent the petitione given in to the Lords of his majesties privie Counsell be Anna Blair relict of the deceast Mr James Lawtie Late minister at Chirnisyde Shewing That wher the petitioner throw decease of her husband by reasone of her numerows instant childrein for whom She hes no meane of Subsistance knowen to many good people in and about this place And ther Lordships being in wse to releeve the necessities of persones in her conditione by some allowance out of the vaccant Stipends Therfor and considering the paroch kirk and parsonadge of Dwndie is vaccant for the Last cropt and yeir of God Jaj vic nyntie five And that Sir Robert Milne of Blackburne patrone of the said kirk hes by his dispositione therwith produced disponed the said vaccant Stipend for cropt Jaj vic nyntie five to the petitioner on the accompt of the extrame want and necessitie that the petitioner and her numerows childrein Laboure wnder As the said dispotiione bears which Dispositione nevertheles without ther Lordships authoritie will not availl the petitioner And therfore humbly craveing to the effect eftermentioned As the said petitione bears The Saids Lords of his majesties privie Counsell haveing considered the above petitione with the patrons consent mentioned therin and produced therwith Togither with ane instrwment requyreing the magistrats and ministers of Dundie to Sie and ansuer the Same They heirby allow to the petitioner the Stipend of the said paroch kirk and personadge of Dundie for the haill cropt and yeir of God Jaj vic nyntie five And decernes and ordaines her to be readielie ansuered obeyed and ordaines her to be readielie ansuered obeyed and payed of the said yeirs Stipend by the heretors fewars wodsetters liferenters titullars tacksemen of teinds tennents possessors and others lyable in payment of the said yeirs Stipend And ordaines Letters of horneing and others needfull to be direct under the Signet of Counsell at the petitioners instance against the heretors fewers wodsetters and others foirsaids lyable in payment of the foirsaid yeirs Stipend upon productione of a decreit of Localitie and in caise ther be non ordaines the heretors and others foirsaids to make payment to the petitioner of ther respective proportiones therof according as they shall be decened by the Judge ordinary
1. NRS, PC2/26, 344v-345v.
1. NRS, PC2/26, 344v-345v.
D1697/4/5
D1697/4/52
Sederunt
Lord Chancellor; Earl of Annandale; Earl of Forffar; Lord John Hamilton; Lord Advocat; Lord Anstruther; Lord Rankeillor; Laird of Blackbarrony; Proveist of Edinburgh
1. NRS, PC2/26, 344v.
2. NRS, PC2/26, 344v.
1. NRS, PC2/26, 344v.
2. NRS, PC2/26, 344v.
D1697/4/4
D1697/4/41
Act
Anent the petitione given in to the Lords of his majesties privie Counsell be John Earle of Roxburgh Shewing That wher in the lybell raised at the petitioners instance with the concurse of his majesties advocat and the haill heretors of the paroch of Jellso against Mr James Dowglas who most illegallie and wnwarrantablie erected and Sett up ane School for teaching of Schoollers within the towne of Kellso without the petitioners tollerance or consent Ther Lordships were pleased to remit the adjusting of that mater to the Earle of Leven The Lord Advocat The Lord Philliphaugh and to the Lord proveist of Edinburgh or to anie two of them and in obedience to ther Lordships refereance the petitioner did attend upon the Lord Advocat and the Lord proveist of Edinburgh who have found that Mr James Dowglas owght to teach no Schooll and he in manifest contempt of ther Lordships awthoritie Slighted to give attendance upon The Lords of the Comitie and hes ever Since taught and Schooll at Kellso Contrair to ther opinion and determinatione And furder hes boasted that ther Lordships will countenance and allow him to keep ane Schooll ther without the petitioners approbatione and the heretors And Seing Mr Dowglases cariadge both to the Lords of the Comitie and to the petitioner has bein Singularlie insolent And that it is the Sole right and interest of all heretors within the severall paroches of the kingdome to call awthorize and allow of Schoollmaisters with in these paroches without exceptione And therfore humbly craveing to the effect eftermentioned As the said petitione bears The Saids Lords of his majesties privie Counsell haveing considered the above petitione with the report of the Commitie in the proces aboveuritten they heirby discharge the above Mr James Dowglas from keeping any Schooll at the town of Kellso untill he be legallie estaiblished therin by consent of the said Earle of Roxburgh and remanent heretors of that paroch
1. NRS, PC2/26, 344r-344v.
1. NRS, PC2/26, 344r-344v.
D1697/4/3
D1697/4/32
Sederunt
Lord Chancellor; Earl of Lauderdale;3 Earl of Forffar; Lord Yester; Lord John Hamilton; Viscount Tiviot; Lord Advocat; Lord Anstruther; Lord Rankeillor; Laird of Blackbarrony
1. NRS, PC2/26, 344r.
2. NRS, PC2/26, 344r.
3. The phrase ‘Earl of Annandale’ scored out here.
1. NRS, PC2/26, 344r.
2. NRS, PC2/26, 344r.
3. The phrase ‘Earl of Annandale’ scored out here.
D1697/4/2
D1697/4/21
Act
Anent the petitione given in to the Lords of his majesties privie Counsell be Hellen Johnstoun Lady Graiden Shewing That wher the deceast Archibald Home Late Leivetennent Collonell to The Lord Lorn his regiment in Flanders her only Son haveing Dyed in Flanders by a Shott he receaved from the enemie in Namure He befor his decease Did by his Letter will nominat her2 dureing her lifetyme to Succeed to him as to what money was resting and owing to him any maner of way of his own acqwyreing And did recommend to Mr Graham agent for the said regiment what money was due to the petitioners son for her behoove due by the said regiment Conforme to ane accompt on the back of the said Letter will therwith prodwced In persewance wherof when Mr Graham was here in Scottland the petitioner did with her freinds meet and conveene with him who did own that he had intrometted with his horses eqwipage and some money But could not fullie cleare untill Mr Chiseholme the paymaister to the regiment were with him who haveing come to this place the petitioner endeavoured to have had a meeting with them But when Mr Graham heard Mr Chiseholme was come he imediatlie went off for London so that the petitioner was necessitat to follow and is now persweing for what was due by the said regiment befor the high Court Marishall in England and haveing lyen ther to my great expensses in prosecuteing the same Ther is a warrand from the said High court direct to the Viscount of Tiviot Ordering Mr Chiseholme to be furthwith Sent up that the mater may be examined In complyance to which order His Lordship did send for Mr Chiseholme and did intimat the said order to him who refwises to give obedience therto And it being impossible for the petitioner to gett her affaires ended wnles that Mr Chiseholme be sent up to ansuer to her claime Mr Graham Shifting upon that accompt And therfore humblie craveing to the effect eftermentioned As the Said petition bears The Saids Lords of his majesties privie Counsell haveing considered the above petition They heirby appoint the above James Chiseholme imediatlie to give3 bond and find Sufficient Cautione acted in the books of privie Counsell that (health serveing) he Shall appear and sist himself befor the High court marishall in England betuixt and the first day of May next to come wnder the penaltie of Ane Hundereth pund Sterleing besydes performance And ordaines Macers or messingers at armes to apprehend and incarcerar the said James Chiseholme in the tollbwith of Edinburgh or in the next prisone wher he beis apprehended wntill he give bond and find Cawtione in maner foirsaid
1. NRS, PC2/26, 343r-343v.
2. Insertion.
3. Corrected from ‘gigve’.
1. NRS, PC2/26, 343r-343v.
2. Insertion.
3. Corrected from ‘gigve’.
D1697/4/1
D1697/4/12
Sederunt
Lord Chancellor; Earl of Lauderdale; Earl of Annandale; Earl of Forffar; Lord Yester; Lord John Hamilton; Viscount Tiviot; Lord Carmichael; Lord Advocat; Lord Justice clerk; Lord Anstruther; Mr Fra: Montgomery; Laird of Cessnock
1. NRS, PC2/26, 342v.
2. NRS, PC2/26, 343r.
1. NRS, PC2/26, 342v.
2. NRS, PC2/26, 343r.