D1696/4/28
D1696/4/281
Procedure
Report of the Comittie Anent Doctor Skeens accompts with the old colledge of St Andrews Read and before adviseing of the report allowes the maisters of the said old colledge of St Andrews to Sie the report and give in ther objectiones against the same if they have any to make
1. NRS, PC2/26, 175r.
1. NRS, PC2/26, 175r.
D1696/4/27
D1696/4/272
Sederunt
Lord Chancellor; Duke of Qweensberry; Earl of Argwyle; Earl of Southerland; Earl of Mortoune; Earl of Lauderdale; Earl of Lothian; Earl of Annandale; Viscount Tarbatt; Lord Carmichael; Lord Justice Clerk; Lord Fountainhall; Lord Anstruther; Mr Fra: Montgomerie; Laird of Grant; Laird of Blackbarrony; Laird of Pollock; Sir Thomas Livingstone; Laird of Cessnock
1. NRS, PC2/26, 175r.
2. NRS, PC2/26, 175r.
1. NRS, PC2/26, 175r.
2. NRS, PC2/26, 175r.
D1696/4/26
D1696/4/261
Procedure
The Earle of Argwyle haveing given in to The Counsell the bonds following viz first for The Laird of Lockbowue secondly for Sir Ewen Cameron of Lochzell 3d for the Laird of Argoure 4 Donald MacLane of Coll, 5 for The Laird of Apine, 6 for the Laird of Loup And the 7th be John Mclane of Tarbat baillie and factor for Hector Mccleane of Forlowsk with a List of the persones relative to each bond The Cowncell appointes the saids bonds and Lists to lye and remaine in the hands of ther clerks of Counsell untill furder order And accordingly the same are layed up in the Comittie anent High Land clanns.
1. NRS, PC2/26, 175r.
1. NRS, PC2/26, 175r.
D1696/4/25
D1696/4/251
Act
Anent the petitione given in to the Lords of his majesties privie Counsell Be Sir John Schaw of Greenock Shewing That wher the petitioner haveing ordered Robert Mckaula one of his officers to advertise his tennents in Greenock to pay in ther poles Conforme to the Late act of parliament Nathaniel Rankin present prisoner in the tollbwith of the Cannongate did attack the said Mcaulla in the exercise of his office and told he would poll him and did in a most crwell and murdering maner Dangerousely wound him in the threatt with a knife and of which wound the said Robert Laboured a Long tyme to the great hazard of his life And therefter the said Nathaniell did so rage in his madnes and crueltie that he wounded ane other man over the face and two woemen with the same instrument And continwed So madd for the Space of a fortnight that he went up and Downe threatning to bwrne Severall houses And particularly his own fathers house which So affrighted the familie that his mother in Law was forced to flie for fear of her life And the whole people in the place were soe extreamly terrified that non Dwrst Seaze him Which made soe great a noise that the petitioner was forced to send his son to apprehend him not being able to goe owt himself And ane court being held he did immediatly confess the above written passages Besydes the said Nathaniell being formerly gwiltie of the Like miscariages at the Townes of Air and Kirkcudbright The petitioner did prevaill with the magistrats to sett him at Libertie upon his faithfull engadgement to Live peaceably therefter But by the said crwelties old and Late the petitioner found it necessar to keep him in prisone till he Should find Sufficient Securitie which his father and wther freinds of good consideratione in the place Did absolwtely refwise For they had Lost all hopes of his peaceable deportment and he had waisted to his father above Five Thowsand merks alreadie and So he was not able to Support him any Longer But intreated to be Secured against his desperatione and extravagance Likeas his father and freinds were content he Should goe with Leivetenent William Brisbane in the Earle of Orkneyes regiment to Franders3 as a much better choice then be continwed a prisoner And now it appears that he being yet resolved to comitt more mischeiff and wickednes hes applyed to the saids Lords to be Sett at Libertie Which if he be he will certainly Doe some other acts of Villany and crwelty But now being the saids Lords prisoner It is humbly expected that their Lordships will putt Such a Stopp therunto As that he Shall not have access to disturbe the peace and Qwyet of his majesties Subjects And therfore humbly craveing the saids Lords to take the premisses to ther consideratione And whither by Sending the prisoner to Flanders or otherwayes as their Lordships shall think fitt and the saids Lords be pleased to Secure the publict peace As the said petitione bears The saids Lords of his majesties privie Counsell haveing considered this petitioner given in to them be the said Sir John Schaw of Greenock with ane other petitione Be Nathaniell Rankine Skipper in Donachade in Ireland by way of Ansuer therto they heirby give order and warrand to the baillies of the Cannongate and keeper of ther Tollbwith to sett the said Nathaniell Rankin at Liberty furth therof in respect he hes given bond and found sufficient cautione acted in the books of privie Counsell That he shall keep his majesties peace And particularly that the said Sir John Schaw and all others the inhabitants of the towne of Greenock ther wifes bairnes men tenents and servants shall be harmeles and Skaithles of the said Nathaniell his wyffe bairnes men tennents and servants in ther persones and goods and in the peaceable possessione of ther goods Lands heretadges tacks steedings roomes and possessiones And shall in nowise be troubled or molested be the said Nathaniell nor by noe others of his causeing sending hunding out comand resett assistance or ratihabitione whom he may Stopp or Lett Directly or indirectly from the day and date of the presents wtherwayes then be order of Law and Jwstice wnder the penaltie of Five Hundereth merks Scotts in any caise he shall transgress in any pairt of the premisses
1. NRS, PC2/26, 173v-174v.
2. The word ‘Gordoune’ scored out here.
3. Sic.
1. NRS, PC2/26, 173v-174v.
2. The word ‘Gordoune’ scored out here.
3. Sic.
D1696/4/24
D1696/4/241
Decreet
Anent the petitione given in to The Lords of his majesties privie Cownsell Be Andrew Fletcher of Aberlady and Alexander Cuming of Coulter his Tutor Shewing That wher ther being a petitione given in to the saids Lords by Beatrix and Mary Fletchers Laufull doughters to the deceast Sir Andrew Fletchers of Aberlady Representing that ther father haveing died without makeing testament or appointing any provisione for them And that he died Leaveing exerce and moveables behind him Extending to about nyntein thousand punds which propper he belonged to them as executors decerned to ther father And yet that the executor was intrometted with by the tutors of Archbald Fletcher ther brother wncle to the petitioner and applyed to his wse for which they had raised a process befor the Lords of Sessione but in respect they were destitut of any Subsistance and that the proces could not so Sumarly be discust they therfore craved that the Saids Lords would modifie to ilk ane of them two hundereth merks yeirly and ordaine the petitioner his factor tutor and tenents to pay the Same at the termes therin mentioned The Desyre wherof the Saids Lords granted and ordained the petitioners and Mr William Black as factor and the tennents and possessors of Aberlady to pay to ilk ane of them the Soume of Ane Hundereth punds Scotts for aliment from Lambes Last to Whittsonday next And ane Hundereth merks to each of them at the said terme of whittsonday and Soe furth at Mertimes and whittsonday therefter by advance Dureing the dependance of the foirsaid proces Wpon which Decreit and ordinance of the Saids Lords they designe to distress the petitioners his tutor factor and tenents And therfore he humbly takes Leave to Lay befor the saids Lords the following considerationes primo the saids Beatrix and Mary Fletchers haveing in ther immoritie obtained a decreit of aliement against the deceast Archbald Fletchers of Aberlady ther brother they made applicatione to The Lords of Sessione that they would continwe the foirsaid aliment and ordaine the petitioner and his tutors to pay in the termes of ther foirsaid decreit But ther being reductione raised and the reasones debate and reported to The Lords they found that a nephew was not bound to aliment his awnts who are majors albeit he brwike ane estate as air to his Grandfather who was father to these awnts and had omitted to provide them and refwsed to modifie any aliment and assoillied the petitioner therfrom in all tyme comeing As the extract of the decreit absolvitor therwith produced doeth testifie So that this point being alreadie determined in Jure Its hoped the saids Lords will not think that any twtor is safe to pay and aliment efter his pupill is assoillied therfrom But in the next place the saids Beatrix and Mary Fletchers (That ther may be some regwrd2 of pretence for what they desyre) have raised a process against the petitioner and have only craved ane aliment Dureing the Dependance As to which First the petitioner and his tutor cannot regularly be conveened in that process because by what is represented in the bill the said Beatrix and Mary Fletchers acknouledge that they are executors to ther father And that the intromissione was by the deceast Archbald Fletchers tutors and curators so that in caise the intrometters are only conveenable And albeit they insinwat in ther bill that the executrie was applyed to ther brothers behove to whom the petitioner is Air that is absolutely denyed And tho it were trwe the tutors nor curators have never yet compted And if ther be any executrie they are the only persones lyable But The trweth is ther is no executrie the Same being farr exhausted by debts as is knowen to Saltoune who was tutor and Blackbarrony who was curator to the petitioners father and wncle And the trwe designe of raiseing this process is only to perpetuat ane aliment upon the petitioner contrair to Law without the Least designe of prosecuteing it Secundo The Saids Lords are never in wse to modifie aliments in absence without calling the pairtie from whom the aliment is craved But in this caise altho the petitioner be minor he nor his tutor were not cited or ever knew therof till the interloquitor was Subscribed Tertio It is not ordinary for the saids Lords to modifie aliments Dureing the dependance of process, that being ordinarly done by the Lords befor whom the process depends But if ever Done by the saids Lords or The Lords of Sessione the persones to whom the aliment is granted are ordained to find cautione to refownd in caise ther be not als much found Dwe at the event of the process as will compense what is advanced And if the Saids Lords notwithstanding of what is above represented will ordaine the petitioner to pay the foirsaid aliment he is content to doe it upon Blackbarrony and Saltowne or aither of them ther becoming cawtione to refownd in maner foirsaid And reasoneably this cannot be refwsed by them for besyde that the one is wncle and the other Coussine to the saids Beatrix and Mary Fletchers and gave in the petitione for them they are the only persones who intrometted with the executrie, for which they have never yet compted and best know the conditione therof And ther finding cautione will exoner the petitioners tutor but if they refwse it will be ane evidence that nothing will be found dwe by that proces And if noething be Dwe it is most wnreasoneable that the petitioners Should be lyable especiallie when he is assoillzed in Jure by a decreit in maner foirsaid And therfore humbly craveing the saids Lords to consider the premisses and Stopp extracting of the foirsaid decreit or if the Same be extracted to sist executione till aither the saids Beatrix and Mary Fletchers find cautione in maner abovementioned or the petitioners and his tutor be alloued a heareing in ther own presence As the said petitione bears Since printing of this petitione the said Mr William Black as factor hes gotten a charge of horning to pay two hundered pund Scotts to the said Beatrix and Mary Fletchers for ther aliment Since Lambes Last which is more as half a yeir befor comenceing of ther pretendit process And for that half yeirs aliment Aberlady is assoillzed by the Decreit of the Lords which is dated in January Last So that albeit the Saids Lords Should ordaine ane aliment to be payed to them in tyme comeing upon ther finding cautione in maner foirsaid yet as to termes preceeding the comenceing of the process it is res hacteuus Judicata Besyde Mr William Black hes no pairt of the rents in his hands and he haveing only out of freindshipe accepted ane factorie from the tutor Dureing his absence abroad It is hard that he Should be decerned or charged with horning to pay when he hes so Litle concerne in the mater In respect of all which Its hoped the saids Lords will aither allow a heareing in ther own presence or appoint a comittie to consider the petitioners defensses in Law which was never denyed to any farr less to a minor The Saids Lords of his majesties privie Counsell haveing considered the above petitione given in to them be the saids Andrew Fletcher of Aberlady and Alexander Cuming of Coulter Against Beatrix and Mary Fletchers and the advocats for both pairties being called Compeared William Black as Advocat for the saids petitioners who are the Suspenders And sicklyke Compeared Mr John Frank as Advocat for the charger And the saids Advocats being fullie heard The Lords of his Majesties privie Counsell Doe heirby adhere to the Decreit charged upon pronunced by their Lordships And finds the Letters raised upon the said Decreit orderly proceeded And ordaines the Same to take effect And to be pwtt to furder executione Conforme to the tennor of the said Decreit charged upon And repells the reasones contained in the Bill
1. NRS, PC2/26, 170v-173r.
2. Written over another illegible word.
1. NRS, PC2/26, 170v-173r.
2. Written over another illegible word.
D1696/4/23
D1696/4/232
Sederunt
Lord Chancellor; Earl of Argwyle; Earl of Southerland; Earl of Mortoune; Earl of Lauderdale; Earl of Lothian; Earl of Annandale; Viscount Tarbat; Lord Carmichael; Lord Advocat; Lord Justice Clerk; Lord Fountainhall; Lord Anstruther; Laird of Grant; Laird of Blackbarrony; Laird of Pollock; Sir Thomas Livingston
1. NRS, PC2/26, 170v.
2. NRS, PC2/26, 170v.
1. NRS, PC2/26, 170v.
2. NRS, PC2/26, 170v.
D1696/4/22
D1696/4/221
Act
The Lords of his majesties privie Counsell haveing considered the report of a comittie of ther own number appointed for reviseing the accompts resting be his majesties forces to the Countrie Beareing that the comittie haveing considered the two following accompts presented to them the one therof resting be the Deceast Lord Angus his regiment to the inhabitants of to the toune of Peebles And the other therof be the deceast Lord Cardross his regiment of Dragounes and the Lord Elphingstoune his troupe of horse to the tenents of Whitefeild at the towne of Lintoune in Tweedale with the instructiones and verificationes of both the Saids accompts They find that there one of the articles of the said first accompt viz That resting by the deceast Lord Angus his regiment of foot to the inhabitants of the towne of Peebles which is not in the termes of the act of parliament anent pole money And proclamationes of Counsell relative therto And therfore they have refwised and rejected that article And finds the haill other articles of the said accompt (except one which they have rejected for want of instructione) Sufficiently verified and proven both by recepts under the hands of the Souldiers or officers of the said regiment And also by the oathes of the Land Lords taken befor two of the Comissioners of the Supplie within the Shyre of Peebles in respect that Some of the persones granters of the saids recepts were not designed in the body of the recepts Conforme to the oathes of the saids Landslords returned be the Commissioners to the Comittie and Subscribed both by The Land Lords and the Commissioners And finds that ther is resting be the said deceast Lords Angws his regiment besydes the articles rejected as said is to the saids inhabitants of Peebles the Soume of Thriescore Eleven punds two Shilling eight pennies Scotts And it is the opinion of the Comittie that this Soume is to be payed to the saids inhabitants out of the pole money imposed in anno Jaj vic nyntie thrie And that the saids inhabitants are to be recomended to the Commissioners of parliament appointed anent the said polemoney for payment to them of the Soume of Thriescore Eleven punds two Shilling eight pennies Scotts furth of the said pole money And the Comittie finds the other accompt resting be the said Deceast Lord Cardross dragounes and the Lord Elphingstounes troupe to the Saids tenents of whitefeild Sufficiently proven by recepts under the hands of the officers of the said regiment and troupe And that ther is resting to the saids tennents be the said Lord Cardross his Dragounes Five punds ten Shilling Scotts And be the Said Lord Elphingstounes troupe thrie punds eight Shilling Scotts As the said report bears Extending the saids two Soumes in this accompt to the Soume of Eight pund Eightein Shilling Scotts And the Comitties opinion is that this Soume is to be payed to the Saids tenents owt of the above fond of the polemoney imposed in anno Jaj vic nyntie thrie And that they are to be recommended to the Saids Commissioners of parliament for payment of the Same accordinglie And the Comittie finds that the haill articles allowed and reported to be payed as said is are all in the termes of the nynth act fourth Sessione of this present parliament Intituled act for polemoney and proclamationes of privie Counsell relative therto As the said report bears The Lords of his majesties privie Counsell haveing considered this report anent accompts resting to the inhabitatns of the towne of Peebles and to the tenents of Whitefeild at the towne of Lintowne They heirby approve therof And recomends to the Commissioners of parliament appointed anent the polemoney imposed in anno Jaj vic nyntie thrie To cause make payment of the Said Soume of Thriescore Eleven punds two Shilling eight pennies to the saids inhabitants of Peebles And of the Said Soume of Eight punds Eightein Shilling Scotts to the saids tenents of Whitefeild And that out of the said polemoney imposed in2 anno Jaj vic nyntie thrie yeirs.
1. NRS, PC2/26, 169v.
2. The letters ‘ann’ scored out here. The following folio (f.170r) has been left blank.
1. NRS, PC2/26, 169v.
2. The letters ‘ann’ scored out here. The following folio (f.170r) has been left blank.
D1696/4/21
D1696/4/212
Sederunt
Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Argwyle; Earl of Southerland; Earl of Mortoune; Earl of Lothiane; Earl of Leven; Earl of Forfar; Viscount Tarbatt; Lord Carmichael; Lord Advocat; Lord Fountainhall; Lord Anstruther; Laird of Grant; Laird of Blackbarrony; Laird of Stevenson; Laird of Pollock; Laird of Cessnock; Lord Proveist of Edinburgh
1. NRS, PC2/26, 168r.
2. NRS, PC2/26, 168v.
1. NRS, PC2/26, 168r.
2. NRS, PC2/26, 168v.
D1696/4/20
D1696/4/201
Decreet
William by the grace of God King of Great Brittaine France and Ireland defender of the faith To […] Macers of our privie Counsell messengers at armes our Shirreffs in that pairt conjunctllie and severallie speciallie constitut greeting Forasmuchas Anent the petitione and representatione of the ministers and elders of the presbetrie of Aberdeen Against Mr James Gordowne intruder at Foverane Given in to the Lords of our privie Counsell Shewing That wheras the Said Mr James Gordoune intruder into the paroch kirk of Foverane haveing bein conveened befor The Comittie of the Generall assemblie for the north the nynth day of Jullie Jaj vic nyntie yeirs And by the said Comittie at Aberdeen haveing bein declaired to have no pasturall relatione to the paroch and his pretended call to that place declaired null Hath notwithstanding of the said Sentance continwed Still to exercise the office of the ministrie in the said place And now the generall assembly haveing approven the procedure of the said comittie for the north And conseqwently ratified the said sentance pronunced by the Comittie against the said Mr James Gordowne the presbetrie takeing the premisses As also the divided conditione of the paroch of Foverane occasioned by the said intrusione Togither with his manifest contempt of all the Judicators of this nationall church to ther Sereows consideratione Did appoint Mr Alexander Kennedie minister of the gospell one of ther number for the tyme to repaire to the said church of Foverane upon the Saboth the Second day of Februarie instant to preach therin And in order therto to Demand the keyes of the said kirk to be made furth comeing to the presbetrie Conforme to our Lords of Our privie Counsell ther act of the date the […] day of […] Jaj vic and […] yeirs which keyes the said Mr James refwsed to Deliver they being in his custodie as by himself was acknouledged And therefter upon the next Lords day the foirsaid brother Mr Kennedie by a new appointment went to the said church again to Demand the keyes and access to the church to preach to the congregatione But was refwsed as formerly the said Mr Gordone appeareing in the head of a croud who were gathered ther in a tumultuary maner with Swods2 and Staves So that the said Mr Kennedie was necessitat to preach in the churchyeard the Day being extreamly cold and Stormie to the endangering both of his health and of his hearers All which premisses to be of veritie is evidenced by instruments therwith produced Wherupon The presbetrie finding themselvs concerned as much as in them lay to remeid these Disorders Did pro re nata meet at the said paroch church And the said Mr James compeareing befor them without any citatione to that dyet And the keyes being demanded of him be vertue of the act of our privie Counsell foirsaid he refused to deliver up the Same And protested he was Laufull minister of that paroch notwithstanding of The Comittie sentance to the contraire now approven by the Last generall assembly And that he would continwe in the exercise of the ministrie ther And now in respect It is recommended to the Lords of our privie Counsell by ane act of the Last Sessione of this current parliament Intituled act against intrudeing into churches etc To remove all these who have alreadie Since the estaiblishment of this present church Government intruded into vaccant churches without ane orderly call from the heretors and eldership of the paroch And a legall admission from the presbetrie within whose bounds the saids churches lyes And it is certaine and notoure that the said Mr James comes under the compass of the said Law Ther being no legall eldershipe hitherto estaiblished in the said paroch And that the said Mr James does not nor cannot pretend to a legall admissione from any presbetrie of this nationall church And therfor humbly Craveing the benefite of the said act of parliament against the forsaid intruder Mr James Gordon as the petitione bears Which petitione being upon the twentie of February Last of privie Counsell They ordained Letters to be Direct for citeing the said Mr James Gordone to compear befor them upon the Seventh of Apprile instant to have ansuered to the points of the said petitione and representatione And to have heard and Sein Such order and course taken theranent as the saids Lords Should find Just under the paine of rebellione with certificatione etc And the Saids Letters haveing bein accordingly taken out and execute against the said Mr James Gordone and he cited therupon to have compeared befor the saids Lords upon the day foirsaid as the saids Letters and executiones therof at more lenth bears The Saids Letters at the instance of the saids ministers and elders of the presbetrie of Aberdeen against the said Mr James Gordon being this day called in presence of the Lords of his majesties privie Counsell And Mr Hugh Craig minister at Gallowsheills and […] Wdney of that ilk haveing compeared for the persewers And the said Mr James Gordone Defender compeareing also personallie and Sir James Stewart his majesties advocat haveing compeared for his majesties interest produced a Dimissione be the said Mr James Gordone wherby he renunced from all pretensione to the said kirk and paroch of Foveraine and obleidges him to remove from the manse how soon the Counsell Shall appoint And in the mean tyme not to preach within the said paroch nor make any oppositione to any who shall be imployed by the presbetrie to preach in the said kirk And the said Lord advocat craved that the Counsell would interpone ther authoritie to the said dimissione and affix a tyme to the defender to remove from the manse and Gleib The saids Lords of privie Counsell Doe hereby interpone ther authoritie to the foirsaid dimission And decerns and ordaines the said Mr James to flitt and remove himself his wife bairnes family servants and tenents furth and frae the manse and Gleib of the said kirk betuixt and the feast and terme of whittsonday next to come and ordaines Letters of Horning under the Signet of Counsell and others needfull to be direct heiron in forme as effeirs
1. NRS, PC2/26, 166r-168r.
2. Sic.
1. NRS, PC2/26, 166r-168r.
2. Sic.
D1696/4/19
D1696/4/191
Act
Anent the petitione given in to the Lords of his majesties privie Counsell be William Reid present baillie of Elie and of James and Robert Nairnes Skippers ther in ther own name and in name of the whole inhabitants of the said toun Shewing That the rwinows conditione of the harboure of the Elie is wittnessed by a testificat under the hands of severall skippers of the burghs of Pittinweem Anstruther Easter and Earles Ferrie produced with the said petitione And the same will be abundantly testified by many of the merchands of Edinburgh if any doubt remaine with the saids Lords anent the veritie of the representatione It is very well to the saids Lords and to the most part of the kingdome That the harbour of The Elie is the greatest refwge and was the Securest in Stormes when Shipps are putt from ther Anchors in Leithroad and other places of the Forth And had no other places to goe But that harbour and if Speedie course be not taken to repaire the Same The trade and Shipping of the Kingdome will be exceedingly prejudged And the petitioners are nowayes in a conditione by ther own propper meanes to repaire the Same So that the harboure must wtterly perish wnles the saids Lords affoord ther wonted assistance by granting a contributione through all the kingdome Seing the Shipps and trade of the whole Kingdome have benefite by it and a necessitie of it the merchands in the westerne townes and Shyres haveing ther trade at Barrowstownes Qweensferry and other places of the Forth It is notoure that thrie hundered of his majesties Souldiers had bein Lost within these four weeks had it not bein the conveniencie and safetie of that harboure And therfor humbly craveing to the effect eftermentioned As the said petitione bears Which being this day red and considered be the saids Lords of his majesties privie Counsell with the testificat mentioned in the said petitione and produced therwith And the estimatione of the reparatione of the harbour of the Elie They Doe heirby allou a voluntar contributione to be made at all the paroch churches within this kingdome for reparatione of the said harboure of The Elie and that upon Such Dayes as the petitioners Shall think fitt And nominats and appoints the said William Reid and Thomas Cook Skipper in the Elie to be collector for uplifting ingathering and collecting of the said contributione In respect they have given bond and found Sufficient acted in the books of privie Counsell That they shall imploy the contributiones to be collected be them as said is upon the reparatione of the said harboure And that they Shall make payment of the Superplus if any Shall be to Such persones as The saids Lords of privie Counsell Shall appoint And appointes the ministers of the severall paroches to cause intimat thir presents at ther paroch churches upon the Lords day efter the foirnoons Sermon imediatly preceeding the Day upon which the Said collectione is to be made And allowes thir presents to be printed
1. NRS, PC2/26, 165r-166r.
1. NRS, PC2/26, 165r-166r.