Tag Archives: August

Procedure: committee formed, 9 August 1692 (pm), Edinburgh

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[9 August 1692] Eodem Die Post meridiem

D1692/8/251

Procedure: committee formed

Committie Mr Archibald Inglis

Petition Mr Archibald Inglis for the stipend of Glasgow and answers be the toune of Glasgow Read And Recomended to the Lord Carmichell and Laird of Blackbarrony to meet with ane of the magistrates of Glasgow for present upon the place and know from them what number of Ministers are or use to be at Glasgow and if ther was any vaccancie for the year Jaj vjc nyntie in that toune.

[9 August 1692] Eodem Die Post meridiem

D1692/8/251

Procedure: committee formed

Committie Mr Archibald Inglis

Petition Mr Archibald Inglis for the stipend of Glasgow and answers be the toune of Glasgow Read And Recomended to the Lord Carmichell and Laird of Blackbarrony to meet with ane of the magistrates of Glasgow for present upon the place and know from them what number of Ministers are or use to be at Glasgow and if ther was any vaccancie for the year Jaj vjc nyntie in that toune.

1. NRS, PC2/24, 101r.

1. NRS, PC2/24, 101r.

Sederunt, 9 August 1692 (pm), Edinburgh

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[9 August 1692] Eodem Die Post meridiem1

D1692/8/242

Sederunt

Sederunt ut Ante meridiem Except the Duke of Queensberry

[9 August 1692] Eodem Die Post meridiem1

D1692/8/242

Sederunt

Sederunt ut Ante meridiem Except the Duke of Queensberry

1. NRS, PC2/24, 101r.

2. NRS, PC2/24, 101r.

1. NRS, PC2/24, 101r.

2. NRS, PC2/24, 101r.

Act, 9 August 1692, Edinburgh

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Edinburgh the nynth day of August Jaj vjc Nyntie two years Ante Meridiem

D1692/8/231

Act

Act Howames elder and younger

Anent the petition given in to the Lords of their majesties privy Councill be John Hownames elder and younger merchants in Langholme Shewing That wher the petitioners ware cited to Compeir before their Lordships to two severall dyets viz the said John Howname younger till the twentie first day of June last and the said John Howname elder to the twentie one day of Jully Also last as the said Coppies presents to show would testifie To answer to the complaint given in against them before their Lordships raise at the instance of James Irvine and John Wauch waitters in Alison Bank and Gilbert Eliot with concourse of their Majesties Solicitor And Albeit that he the said John Howname elder Did attend that he the said John Howname elder Did attend upon their Lordships at the forsaid dyet in obedience to his citatione and has constantly waitted on here to his great expences and loss of his trade ever since, And that upon the twentie Eight day of Jully last by past at the calling of the said complaint He did compeir personally and hade his answers Lying in the Clerks hands wher they yet are Neverthless unhapily being Desyred by the agent to goe for Mr James Daes his advocat (not knowing the hazard of his not being personally present, at the barr when called being ane Innocent and harmeless man as is notour and altogither Ignorant of the Law) Before he could returne againe to their Lordships to have answered for himself Finding his advocat to have gone out of Toune without his knowledge about his Lawfull affairs, The cause was over and ane Certification granted against them without hearing their saids answers which ware suficient to have assoylzied them being no wayes guiltie of the facts Lybelled against them And Seing that the was most Innocently and accedentially absent, But the minute after calling of the said Complaint against him, The said John Howname elder as said is, And that he has waited since the twentie first day of Jully And he has still waited on their Lordships and was ready to free and acquyt himself of the said Complaint, And that he the said John Howname younger came to toune and attended the twentie one day of June last which was the dyet of his Compeirance and waited on untill the twentie fifth day of Jully last, And the dyet being therby diserted and he never called his advocat Judged it unneccessary for him to stay longer, And assured him that he was in tuto untill he received a new citatione And yet he was called in the same Complaint with the said John Howname elder and Certificatione was Lykewayes granted against him Wherby he Humbly conceaved himself extreamly wronged and prejudged by the pursuars And Therfore Humbly Craving their Lordships would take the premisses to their Secions consideratione, And to Repon the saids petitioners against the said Certificatione to their Just and lawfull defences aginst the said Calumnious complaint wherof nothing is yet extracted (Being all wayes ready to attend their Lordships when called for) For the reasones abovementioned according to Justice and their Lordships laudable custome, The Lords of their Majesties privy Councill, Haveing Considered the said petition given in to them be the saids John Hownames elder and younger with the report made verbally be the Comittie of Councill To whom It was Remitted to consider the said petitione and the Lybell at the instance of the said James Irvine and John Wauch quherin ther is certification granted against the said petitioners They heirby Repon the saids petitioners against the forsaid Certificatione And Discharges extracting therof The saids petitioners allwayes makeing present payment to the pursuars of the forsaid Lybell of the Soume of Threttie Eight punds Eight shilling scots for defraying their expences in bringing the witnesses cited in the said proces to Edinburgh and of detaineing the saids witnesses therat for severall dayes Reserving allwayes to the saids Lords of Privy Councill to determine at the conclussion of the cause if the pursuars should reformed the said soume now Modified in caice they shall succumb in proveing of the Lybell, And Ordained the said petitioner to find suficient Cautione cited in the books of privy Councill that they shall keep the peace and not Disturb the same, and that in particullar they shall not trouble or molest any of their Majesties waitters In the executione of their offices under the penalties prescryved by act of Parliament, And accordingly they are become Cautione one for the other conforme to express warrand of Councill And have Assigned and heirby assignes the first Councill day of november nixt to come to the saids pursuars for aducceing of the witnesses formerly cited be them to appear before the Councill, And if need bees allowes letters of furder dilligence to be direct against the said witnesses for that effect, And ordaines both parties pursuars and defenders to attend the said day with certification as accords And Ordaines letters one fiftein dayes and others needfull to pass heiron

Edinburgh the nynth day of August Jaj vjc Nyntie two years Ante Meridiem

D1692/8/231

Act

Act Howames elder and younger

Anent the petition given in to the Lords of their majesties privy Councill be John Hownames elder and younger merchants in Langholme Shewing That wher the petitioners ware cited to Compeir before their Lordships to two severall dyets viz the said John Howname younger till the twentie first day of June last and the said John Howname elder to the twentie one day of Jully Also last as the said Coppies presents to show would testifie To answer to the complaint given in against them before their Lordships raise at the instance of James Irvine and John Wauch waitters in Alison Bank and Gilbert Eliot with concourse of their Majesties Solicitor And Albeit that he the said John Howname elder Did attend that he the said John Howname elder Did attend upon their Lordships at the forsaid dyet in obedience to his citatione and has constantly waitted on here to his great expences and loss of his trade ever since, And that upon the twentie Eight day of Jully last by past at the calling of the said complaint He did compeir personally and hade his answers Lying in the Clerks hands wher they yet are Neverthless unhapily being Desyred by the agent to goe for Mr James Daes his advocat (not knowing the hazard of his not being personally present, at the barr when called being ane Innocent and harmeless man as is notour and altogither Ignorant of the Law) Before he could returne againe to their Lordships to have answered for himself Finding his advocat to have gone out of Toune without his knowledge about his Lawfull affairs, The cause was over and ane Certification granted against them without hearing their saids answers which ware suficient to have assoylzied them being no wayes guiltie of the facts Lybelled against them And Seing that the was most Innocently and accedentially absent, But the minute after calling of the said Complaint against him, The said John Howname elder as said is, And that he has waited since the twentie first day of Jully And he has still waited on their Lordships and was ready to free and acquyt himself of the said Complaint, And that he the said John Howname younger came to toune and attended the twentie one day of June last which was the dyet of his Compeirance and waited on untill the twentie fifth day of Jully last, And the dyet being therby diserted and he never called his advocat Judged it unneccessary for him to stay longer, And assured him that he was in tuto untill he received a new citatione And yet he was called in the same Complaint with the said John Howname elder and Certificatione was Lykewayes granted against him Wherby he Humbly conceaved himself extreamly wronged and prejudged by the pursuars And Therfore Humbly Craving their Lordships would take the premisses to their Secions consideratione, And to Repon the saids petitioners against the said Certificatione to their Just and lawfull defences aginst the said Calumnious complaint wherof nothing is yet extracted (Being all wayes ready to attend their Lordships when called for) For the reasones abovementioned according to Justice and their Lordships laudable custome, The Lords of their Majesties privy Councill, Haveing Considered the said petition given in to them be the saids John Hownames elder and younger with the report made verbally be the Comittie of Councill To whom It was Remitted to consider the said petitione and the Lybell at the instance of the said James Irvine and John Wauch quherin ther is certification granted against the said petitioners They heirby Repon the saids petitioners against the forsaid Certificatione And Discharges extracting therof The saids petitioners allwayes makeing present payment to the pursuars of the forsaid Lybell of the Soume of Threttie Eight punds Eight shilling scots for defraying their expences in bringing the witnesses cited in the said proces to Edinburgh and of detaineing the saids witnesses therat for severall dayes Reserving allwayes to the saids Lords of Privy Councill to determine at the conclussion of the cause if the pursuars should reformed the said soume now Modified in caice they shall succumb in proveing of the Lybell, And Ordained the said petitioner to find suficient Cautione cited in the books of privy Councill that they shall keep the peace and not Disturb the same, and that in particullar they shall not trouble or molest any of their Majesties waitters In the executione of their offices under the penalties prescryved by act of Parliament, And accordingly they are become Cautione one for the other conforme to express warrand of Councill And have Assigned and heirby assignes the first Councill day of november nixt to come to the saids pursuars for aducceing of the witnesses formerly cited be them to appear before the Councill, And if need bees allowes letters of furder dilligence to be direct against the said witnesses for that effect, And ordaines both parties pursuars and defenders to attend the said day with certification as accords And Ordaines letters one fiftein dayes and others needfull to pass heiron

1. NRS, PC2/24, 99v-101r.

1. NRS, PC2/24, 99v-101r.

Act, 9 August 1692, Edinburgh

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Edinburgh the nynth day of August Jaj vjc Nyntie two years Ante Meridiem

D1692/8/221

Act

Act Mr James Hunter

Anent a Petition given in to the Lords of their Majesties privy Councill be Mr James Hunter minister of the Gospell Shewing That quher the petitioner haveing been called some years since to be second minister at Stirling Did use his outmost endeavors in that holly vocatione to behave himself as became a faithfull pasture and as a peacable and dutiefull Subject Haveing given all due obedience to the Civill government In praying for their present Sacred Majesties And haveing lived in great peace and unitie with his people till a litle after the late Revolution of the Church government a few of his hearers haveing it seems taken up a groundles prejudice against the Supplicant (as the consequence will easily demonstrat) They in September Jaj vjc Eightie nyne years, Did Accuse the petitioner before the saids Lords of Privy Councill for some alledged expresiones in his preaching or praying against the civill government And quherof at the very same tyme he was altogither Innocent, And his accusers haveing led two pick’t witneses whose prejudice at him by reason of his being of the2 Episcopall perswasion was equall to that of his accusers, The petitioner hade the unhappy fall in the Juncture of affairs to be suspended by ane act of Privy Councill from the exercise of his ministrie within the burgh of Stirling, Albeit at the same tyme the far greater and better part of his hearers ware readie to declair his Innocencie, and that he was continueing in his dutiefull obedience to the Civill government And his Royall majestie by his late gracious letter Haveing not only Declared that he will take all these of the Episcopall Clergy that have given due obedience to the Civill government under his Sacred protectione But haveing Lykewayes signified his Gratious intentione, That such as ware turned out upon any Streatch, Their Sentances might be reviewed by the respective Judicatories, Whither Ecclesiastick or Civill according to their severall circumstances, This has allowed the petitioner the freedome Humbly to represent his caice to the saids Lords and to Lay the same at their feet, In order to a legall redress Especially seing the petitioners caice falls not under the Compasse of these that ware Deprived for not giveing obedience to the act of the meeting of estates the thretin Aprill Jaj vjc Eightie nyne years, nor is the petitioner Deprived by any Church Judicatorie, Bot stands only suspended by ane act of the saids Lords quherin with all difference both the Lords ware abused and the supplicant greatly wronged throw the injurious Depositiones of two witnesses very mean and naughtie persones and whose testimonies at the very samen tyme, were offered to be Cancelled by the far greater and better part of his Judicious hearers who concurr with the Supplicant in this adress to the saids Lords as is evident by a Declaratione therwith produced signed under most of their hands and humbly offered to the saids Lords in behalf of the petitioner for the better effectuating the true end of this his applicatione And Therfore Humbly Craving the saids Lords would be graciously pleased to take the petitioners case as its thus Circumstantiat to the serious and speciall Consideration upon the grounds above represented. And seing many not only of the magistracie, Bot most of the substantiall people within the burgh Doe humbly intreat that the saids Lords that he might be restored to his charge and that their Lordships are the proper Judges to reconsider any Sentance of their oun, And that he is under no Church Censurs or under any act of deprivatione from any Ecclesiastick Judicatorie That therfore they would be graciously pleased, so farr to make inquyrie in the affair by Reconsidering the former sentance, And that if it should appear from the testimonies of these who ware his hearers for the tyme that he was injured by the depositiones of these wo mean witnesses, And that he was then continueing in his dutiefull obedience to authoritie by praying for their present majesties and ane so resolved for the future And upon all occasiones to use his weak indeavors to demaine and cary himself as becomes a faithfull minister of the holly evangell The petitioner is to expect from their Lordships Justice such a legall redress in order to his being reponed to his charge and the stop taken off that lyes upon him by the former Sentance as the saids Lords in their prudentiall goodnes should think fitt and as this will be ane act equally pious and Just in their Lordships so he was hopfull It would be acceptable service done to most of them who ware formerly his hearers and would tend to the advancement of the gospell and Contribute to the peace and unitie of that place And in the mean tyme untill the saids Lords pleasure be knowen in relatione to the premisses That they would stop all planting of the said Church as the petition bears, Which Petition being read in presence of the saids Lords They Recomended to a Comittie of their oun number to Consider the said Petitione and report their opinion to their Lordships what they thought fitt to be done in the above matter and proces quherto the samen relates And the said Committie haveing accordingly mett and made their Report to the Councill, That they haveing Considered the forsaid petition given in be the said Mr James Hunter and seen the act of Councill Depriveing him which is of the date the fourth of September Jaj vjc Eightie nyne Wherby the said Mr James was Deposed for not giveing obedience to the proclamatione of the estates in not praying for their Majesties King William and Queen Mary, Bot on the contrair using expressiones publictly in the pulpit of his disaffection to the present government, And haveing also Considered the act of this curent parliament of the seventh of June Jaj vjc nyntie, Ratifieing the confessione of faith and setling the presbyterian Church government They are of opinion, That all kirks which are declared vaccant by the said act that the ministers that then officiat therin, Cannot be restored by the Councill Whatsoever objectiones might be against their sentances And that Therfore Mr James Hunters deprivatione being before the seventh of June Their opinion Is That he cannot be restored to the charge he hade at Stirling as one of the ministers ther; Which Report being this day read in presence of the saids Lords and at leanth Considered be them They have approven and heirby Approves of the Samen.

Edinburgh the nynth day of August Jaj vjc Nyntie two years Ante Meridiem

D1692/8/221

Act

Act Mr James Hunter

Anent a Petition given in to the Lords of their Majesties privy Councill be Mr James Hunter minister of the Gospell Shewing That quher the petitioner haveing been called some years since to be second minister at Stirling Did use his outmost endeavors in that holly vocatione to behave himself as became a faithfull pasture and as a peacable and dutiefull Subject Haveing given all due obedience to the Civill government In praying for their present Sacred Majesties And haveing lived in great peace and unitie with his people till a litle after the late Revolution of the Church government a few of his hearers haveing it seems taken up a groundles prejudice against the Supplicant (as the consequence will easily demonstrat) They in September Jaj vjc Eightie nyne years, Did Accuse the petitioner before the saids Lords of Privy Councill for some alledged expresiones in his preaching or praying against the civill government And quherof at the very same tyme he was altogither Innocent, And his accusers haveing led two pick’t witneses whose prejudice at him by reason of his being of the2 Episcopall perswasion was equall to that of his accusers, The petitioner hade the unhappy fall in the Juncture of affairs to be suspended by ane act of Privy Councill from the exercise of his ministrie within the burgh of Stirling, Albeit at the same tyme the far greater and better part of his hearers ware readie to declair his Innocencie, and that he was continueing in his dutiefull obedience to the Civill government And his Royall majestie by his late gracious letter Haveing not only Declared that he will take all these of the Episcopall Clergy that have given due obedience to the Civill government under his Sacred protectione But haveing Lykewayes signified his Gratious intentione, That such as ware turned out upon any Streatch, Their Sentances might be reviewed by the respective Judicatories, Whither Ecclesiastick or Civill according to their severall circumstances, This has allowed the petitioner the freedome Humbly to represent his caice to the saids Lords and to Lay the same at their feet, In order to a legall redress Especially seing the petitioners caice falls not under the Compasse of these that ware Deprived for not giveing obedience to the act of the meeting of estates the thretin Aprill Jaj vjc Eightie nyne years, nor is the petitioner Deprived by any Church Judicatorie, Bot stands only suspended by ane act of the saids Lords quherin with all difference both the Lords ware abused and the supplicant greatly wronged throw the injurious Depositiones of two witnesses very mean and naughtie persones and whose testimonies at the very samen tyme, were offered to be Cancelled by the far greater and better part of his Judicious hearers who concurr with the Supplicant in this adress to the saids Lords as is evident by a Declaratione therwith produced signed under most of their hands and humbly offered to the saids Lords in behalf of the petitioner for the better effectuating the true end of this his applicatione And Therfore Humbly Craving the saids Lords would be graciously pleased to take the petitioners case as its thus Circumstantiat to the serious and speciall Consideration upon the grounds above represented. And seing many not only of the magistracie, Bot most of the substantiall people within the burgh Doe humbly intreat that the saids Lords that he might be restored to his charge and that their Lordships are the proper Judges to reconsider any Sentance of their oun, And that he is under no Church Censurs or under any act of deprivatione from any Ecclesiastick Judicatorie That therfore they would be graciously pleased, so farr to make inquyrie in the affair by Reconsidering the former sentance, And that if it should appear from the testimonies of these who ware his hearers for the tyme that he was injured by the depositiones of these wo mean witnesses, And that he was then continueing in his dutiefull obedience to authoritie by praying for their present majesties and ane so resolved for the future And upon all occasiones to use his weak indeavors to demaine and cary himself as becomes a faithfull minister of the holly evangell The petitioner is to expect from their Lordships Justice such a legall redress in order to his being reponed to his charge and the stop taken off that lyes upon him by the former Sentance as the saids Lords in their prudentiall goodnes should think fitt and as this will be ane act equally pious and Just in their Lordships so he was hopfull It would be acceptable service done to most of them who ware formerly his hearers and would tend to the advancement of the gospell and Contribute to the peace and unitie of that place And in the mean tyme untill the saids Lords pleasure be knowen in relatione to the premisses That they would stop all planting of the said Church as the petition bears, Which Petition being read in presence of the saids Lords They Recomended to a Comittie of their oun number to Consider the said Petitione and report their opinion to their Lordships what they thought fitt to be done in the above matter and proces quherto the samen relates And the said Committie haveing accordingly mett and made their Report to the Councill, That they haveing Considered the forsaid petition given in be the said Mr James Hunter and seen the act of Councill Depriveing him which is of the date the fourth of September Jaj vjc Eightie nyne Wherby the said Mr James was Deposed for not giveing obedience to the proclamatione of the estates in not praying for their Majesties King William and Queen Mary, Bot on the contrair using expressiones publictly in the pulpit of his disaffection to the present government, And haveing also Considered the act of this curent parliament of the seventh of June Jaj vjc nyntie, Ratifieing the confessione of faith and setling the presbyterian Church government They are of opinion, That all kirks which are declared vaccant by the said act that the ministers that then officiat therin, Cannot be restored by the Councill Whatsoever objectiones might be against their sentances And that Therfore Mr James Hunters deprivatione being before the seventh of June Their opinion Is That he cannot be restored to the charge he hade at Stirling as one of the ministers ther; Which Report being this day read in presence of the saids Lords and at leanth Considered be them They have approven and heirby Approves of the Samen.

1. NRS, PC2/24, 98r-99v.

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

1. NRS, PC2/24, 98r-99v.

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

Sederunt, 9 August 1692, Edinburgh

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Edinburgh the nynth day of August Jaj vjc Nyntie two years Ante 1 Meridiem2

D1692/8/213

Sederunt

Lord Chancelor; Lord Privy Seall; Earl of Drumlanrig; Earl of Linlithgow; Earl of Strathmore; Earl of Lothian; Earl of Forfar; Earl of Kintor; Earl of Brodalbine; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Cardross; Lord Carmichell; Lord Polwarth; Master of Forbes; Lord Secretary; Lord Fountonhall; Lord Enstruther; Laird of Blackbarrony; Laird of Stivensone; Sir Thomas Livingston; Sir William Lockhart; Sir Patrick Murray

Edinburgh the nynth day of August Jaj vjc Nyntie two years Ante 1 Meridiem2

D1692/8/213

Sederunt

Lord Chancelor; Lord Privy Seall; Earl of Drumlanrig; Earl of Linlithgow; Earl of Strathmore; Earl of Lothian; Earl of Forfar; Earl of Kintor; Earl of Brodalbine; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Cardross; Lord Carmichell; Lord Polwarth; Master of Forbes; Lord Secretary; Lord Fountonhall; Lord Enstruther; Laird of Blackbarrony; Laird of Stivensone; Sir Thomas Livingston; Sir William Lockhart; Sir Patrick Murray

1. The letter ‘P’ scored out here.

2. NRS, PC2/24, 98r.

3. NRS, PC2/24, 98r.

1. The letter ‘P’ scored out here.

2. NRS, PC2/24, 98r.

3. NRS, PC2/24, 98r.

Decreet, 4 August 1692 (pm), Edinburgh

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Edinburgh The Fourth day of August Jaj vjc two years Post meridiem

D1692/8/201

Decreet

Decreet Suspending the letters The Lord Bargany Against Hew Muir

Anent the bill of Suspensione given in and Presented to the Lords of their majesties privy Councill be John Lord Bargany, Shewing that quher he was charged be vertue of letters of horning raised at the instance of Heugh Muir baillie of Carrick To make payment to him of the Soume of Fiftie punds Sterling contained in ane Decreet or Sentance of Privy Councill obtained at his instance against the petitioner of the date the Twentie Sixth day of Jully Jaj vjc Eightie Eight years and that within ane Certaine short space nixt after the petitioners charge under the paine of rebellion and puting of the petitioner to the horn and for his alledged Disobedience as he was informed has denunced the petitioner rebell and put him therto must wrongeously and unjustly Considering It is of veritie that the said Decreet is most surreptitiously stollen out against him without ever being cited or called or any Lybell raised against him Bot the true method of obtaineing the saids Decreet was thus that the charger was named by the late King James to be baillie of Carrick wherin he Committed many deeds of opressione and amongst others haveing conveened some of his tennants upon pretence of false weight Did in a most arbitrary way amerciat and fyne them Because the lone weight which they made use of was not conforme to a weight made by the charger, albeit the tennants weight was found to be alse heavie if not heavier then that of the toune of Lanarick which is the legall standart of Weights in this kingdome, And Lykewayes haveing conveened some of his tennants upon pretence of slaying salmond in the forbiden tyme of which albeit they ware readie to clear themselves by oath yet he most Illegally fyned them in exorbitant Penalties, Because they would not Depone upon their eating also weell as killing the forsaid salmond For which crymes and other abusses the persones injured did raise a Complaint against the charge before the then Lords of Privy Councill, Not only for Refounding their Damnadge Bot Lykewayes for punishing the charger for the wrongs and oppressiones forsaids, And yet such ware the wayes and methods followed by the charger that he has gott a Decreet extracted wherby ther is no punishment inflicted against him Fiftie punds Sterling charger for defraying his charges in defending against the forsaid Complaint Secundo the Complaint quherupon the petitioner is fyned is not raised against him nor was he ever cited therunto nor is his name So much as mentioned therin Tertio albeit the persones pursuars of the forsaid Complaint hade been guilty of the deeds for which they are fyned by the said Hew Muir in his baillie Court as they never ware, yet these fynes are most exorbitant, And lastly ther is ane express act of Parliament Discharging all fynes and Forfaulters in the late tymes that are not payed or transacted for And before that ther was ane act of indemnity published and which yet stands in force Indemnifieing and forgiveing all fynes Imposed aither by the privy Councill or inferior Judges which ware not either payed or transacted at the tyme of the pronunceing therof In Respect quherof the Saids letters and charges ought to be Suspended and he relaxed, allwayes for the more obedience the petitioner is instantly Content to find Suficient Cautione acted in the books of privy Councill that he shall make payment to the charger of the soume charged for Incaice It shall be found be the saids Lords that he ought so to doe, And also for payment makeing to the Commissioners of ther Majesties thesaurie of the Soume of Twentie merks scots for his escheat goods Incaice it should be found be the saids Lords that he was orderly denunced rebell for the Causes forsaids And Therfore Humbly Craving the saids Lords would Grant letters for sumonding the said Heugh Murr To Compeir personally before the saids Lords at ane certaine day Bringand with him the forsaid Decreet and letters and charges raised theron To have been seen and Considered be the saids Lords and to have heard and seen the Samen haill effect and executione therof Suspended as the said bill of suspensione bears, Which bill of Suspension abovewritten being this day called in presence of the saids Lords of Privy Councill, And the Lord Bargenny Compeiring Personally with Mr Hew Dalrymple his2 advocat And the said Heugh Muir Compeiring also personally with Mr David Dalrymple his advocat The saids Lords of Privy Councill haveing Considered the above bill and reasones of Suspension with the answers given in therto be the charger And haveing heard both parties advocats, They Sustain the forsaids reasones of Suspensione Notwithstanding of the answers made therto, And Have Suspended and heirby Suspends the letters and chares raised at the instance of the said Hew Muir against the said Lord Bargeny upon the said Heugh Muir against the said Lord Bargany upon the said Decreet charged on Simpliciter upon the said Lord Bargeny in all tyme comeing

Edinburgh The Fourth day of August Jaj vjc two years Post meridiem

D1692/8/201

Decreet

Decreet Suspending the letters The Lord Bargany Against Hew Muir

Anent the bill of Suspensione given in and Presented to the Lords of their majesties privy Councill be John Lord Bargany, Shewing that quher he was charged be vertue of letters of horning raised at the instance of Heugh Muir baillie of Carrick To make payment to him of the Soume of Fiftie punds Sterling contained in ane Decreet or Sentance of Privy Councill obtained at his instance against the petitioner of the date the Twentie Sixth day of Jully Jaj vjc Eightie Eight years and that within ane Certaine short space nixt after the petitioners charge under the paine of rebellion and puting of the petitioner to the horn and for his alledged Disobedience as he was informed has denunced the petitioner rebell and put him therto must wrongeously and unjustly Considering It is of veritie that the said Decreet is most surreptitiously stollen out against him without ever being cited or called or any Lybell raised against him Bot the true method of obtaineing the saids Decreet was thus that the charger was named by the late King James to be baillie of Carrick wherin he Committed many deeds of opressione and amongst others haveing conveened some of his tennants upon pretence of false weight Did in a most arbitrary way amerciat and fyne them Because the lone weight which they made use of was not conforme to a weight made by the charger, albeit the tennants weight was found to be alse heavie if not heavier then that of the toune of Lanarick which is the legall standart of Weights in this kingdome, And Lykewayes haveing conveened some of his tennants upon pretence of slaying salmond in the forbiden tyme of which albeit they ware readie to clear themselves by oath yet he most Illegally fyned them in exorbitant Penalties, Because they would not Depone upon their eating also weell as killing the forsaid salmond For which crymes and other abusses the persones injured did raise a Complaint against the charge before the then Lords of Privy Councill, Not only for Refounding their Damnadge Bot Lykewayes for punishing the charger for the wrongs and oppressiones forsaids, And yet such ware the wayes and methods followed by the charger that he has gott a Decreet extracted wherby ther is no punishment inflicted against him Fiftie punds Sterling charger for defraying his charges in defending against the forsaid Complaint Secundo the Complaint quherupon the petitioner is fyned is not raised against him nor was he ever cited therunto nor is his name So much as mentioned therin Tertio albeit the persones pursuars of the forsaid Complaint hade been guilty of the deeds for which they are fyned by the said Hew Muir in his baillie Court as they never ware, yet these fynes are most exorbitant, And lastly ther is ane express act of Parliament Discharging all fynes and Forfaulters in the late tymes that are not payed or transacted for And before that ther was ane act of indemnity published and which yet stands in force Indemnifieing and forgiveing all fynes Imposed aither by the privy Councill or inferior Judges which ware not either payed or transacted at the tyme of the pronunceing therof In Respect quherof the Saids letters and charges ought to be Suspended and he relaxed, allwayes for the more obedience the petitioner is instantly Content to find Suficient Cautione acted in the books of privy Councill that he shall make payment to the charger of the soume charged for Incaice It shall be found be the saids Lords that he ought so to doe, And also for payment makeing to the Commissioners of ther Majesties thesaurie of the Soume of Twentie merks scots for his escheat goods Incaice it should be found be the saids Lords that he was orderly denunced rebell for the Causes forsaids And Therfore Humbly Craving the saids Lords would Grant letters for sumonding the said Heugh Murr To Compeir personally before the saids Lords at ane certaine day Bringand with him the forsaid Decreet and letters and charges raised theron To have been seen and Considered be the saids Lords and to have heard and seen the Samen haill effect and executione therof Suspended as the said bill of suspensione bears, Which bill of Suspension abovewritten being this day called in presence of the saids Lords of Privy Councill, And the Lord Bargenny Compeiring Personally with Mr Hew Dalrymple his2 advocat And the said Heugh Muir Compeiring also personally with Mr David Dalrymple his advocat The saids Lords of Privy Councill haveing Considered the above bill and reasones of Suspension with the answers given in therto be the charger And haveing heard both parties advocats, They Sustain the forsaids reasones of Suspensione Notwithstanding of the answers made therto, And Have Suspended and heirby Suspends the letters and chares raised at the instance of the said Hew Muir against the said Lord Bargeny upon the said Heugh Muir against the said Lord Bargany upon the said Decreet charged on Simpliciter upon the said Lord Bargeny in all tyme comeing

1. NRS, PC2/24, 96v-97v.

2. Insertion.

1. NRS, PC2/24, 96v-97v.

2. Insertion.

Sederunt, 4 August 1692 (pm), Edinburgh

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Edinburgh The Fourth day of August Jaj vjc two years Post meridiem1

D1692/8/192

Sederunt

Lord Chancelor; Earl of Melvill; Duke of Queensberry; Earl of Drumlanrig; Earl of Linlithgow; Earl of Strathmore; Earl of Lothian; Earl of Forfar; Earl of Kintoir; Earl of Brodalbine; Viscount Tarbatt; Viscount Stair; Lord Raith; Lord Carmichaell; Lord Polwarth; Master of Forbes; Mr Johnston secret; Lord Hatton; Lord Fountonhall; Lord Enstruther; Laird of Blackbarony; Laird of Stivenson; Sir William Lockhart; Sir Patr: Murray

Edinburgh The Fourth day of August Jaj vjc two years Post meridiem1

D1692/8/192

Sederunt

Lord Chancelor; Earl of Melvill; Duke of Queensberry; Earl of Drumlanrig; Earl of Linlithgow; Earl of Strathmore; Earl of Lothian; Earl of Forfar; Earl of Kintoir; Earl of Brodalbine; Viscount Tarbatt; Viscount Stair; Lord Raith; Lord Carmichaell; Lord Polwarth; Master of Forbes; Mr Johnston secret; Lord Hatton; Lord Fountonhall; Lord Enstruther; Laird of Blackbarony; Laird of Stivenson; Sir William Lockhart; Sir Patr: Murray

1. NRS, PC2/24, 96v.

2. NRS, PC2/24, 96v.

1. NRS, PC2/24, 96v.

2. NRS, PC2/24, 96v.

Procedure: committee formed, 4 August 1692, Edinburgh

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Edinburgh the Fourth day of August Jaj vjc Nyntie two years ante meridiem

D1692/8/181

Procedure: committee formed

Comittie Anent Urquhart and Monro ministers

The Lords of their majesties privy Councill Haveing heard a Petitione given in to them be Mr […] Urquhart and Mr […] Monro Complaineing that they are called and Detained upon lybells before the severall presbytries They heirby Remitt to the Viscounts of Tarbatt and Stair, Lord Carmicheall and the Lord Enstruther and Sir Archibald Murray of Blackbarrony to Consider the said petitione and to report.

Edinburgh the Fourth day of August Jaj vjc Nyntie two years ante meridiem

D1692/8/181

Procedure: committee formed

Comittie Anent Urquhart and Monro ministers

The Lords of their majesties privy Councill Haveing heard a Petitione given in to them be Mr […] Urquhart and Mr […] Monro Complaineing that they are called and Detained upon lybells before the severall presbytries They heirby Remitt to the Viscounts of Tarbatt and Stair, Lord Carmicheall and the Lord Enstruther and Sir Archibald Murray of Blackbarrony to Consider the said petitione and to report.

1. NRS, PC2/24, 96r.

1. NRS, PC2/24, 96r.

Procedure: committee formed, 4 August 1692, Edinburgh

Posted on by

Edinburgh the Fourth day of August Jaj vjc Nyntie two years ante meridiem

D1692/8/171

Procedure: committee formed

Committie anent James Turner

The Lords of his majesties Privy Councill haveing heard a Petition given in to them be James Turner Cabinet maker They Recomend to the Viscount of Tarbat, Lord Enstruther and Sir Patrick Murray to Consider the petitione and to hear the petitioner and the Wrights and Report to the Councill

Edinburgh the Fourth day of August Jaj vjc Nyntie two years ante meridiem

D1692/8/171

Procedure: committee formed

Committie anent James Turner

The Lords of his majesties Privy Councill haveing heard a Petition given in to them be James Turner Cabinet maker They Recomend to the Viscount of Tarbat, Lord Enstruther and Sir Patrick Murray to Consider the petitione and to hear the petitioner and the Wrights and Report to the Councill

1. NRS, PC2/24, 96r.

1. NRS, PC2/24, 96r.

Act, 4 August 1692, Edinburgh

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Edinburgh the Fourth day of August Jaj vjc Nyntie two years ante meridiem

D1692/8/161

Act

Act Earl of Kilmarnocks brother and Sisters

Anent a Petition given in to the Lords of their Majesties Privy Councill be Mr Alexander Ladie Catharin, and Lady Margrat Boyds brother and sisters german to the deceast William Earle of Kilmarnock Shewing That the said deceast William Earle of Kilmarnock the petitioners brother Considering that the said Lady Catharine and Margrat Boyds hade no patrimony provyded to the petitioners be their deceast father, He was pleased to grant the petitioner bonds of provision for the soume of Eight Thousand merks to the said Ladie Catharine and Four Thousand merks to the said Lady Margrat, But ther is no patrimony at all provyded to the said Mr Alexander aither be father or brother, And the petitioners being in familly with their brother at the tyme of his decease which was about the terme of Whitsunday last The tutors of William now Earle of Killmarnock And the freinds of the familly Doe not only refuse to deliver up the saids bonds of provisione, upon the account that they allege the same was granted upon death bed, or to make payment to the said Lady Cathrin and Margrat Boyds of the intrest of the said provision Bot Lykewayes Doe Refuse to Continue to aliment or mantaine the petitioner or to give the said Mr Alexander a Competent allowance for carieing the petitioner abroad in the qualitie of ane gentlman that he may be capable to follow his Sword and mantaine himself without being burdensome or Discreditable to the familly So that they are necessitate to commence a proces at their instance before the Lords of session against Mr Robert Stewart advocat and Mr John Boyd one of the Regents of the Collodge of Glasgow tutors testamentars to the said William now Earle of Killmarnock for constituteing and modifieing ane aliment to the petitioners out of their fathers and brothers estate And seing that in the ordinar forme of procedure before the Lords of Session It would be a Considerable tyme before that in the ordinary forme of procedure before the Lords of Session It would be a Considerable tyme before that the process could be brought to any Isue And that in the mean tyme the petitioners are absolutly Destitute of all means of subsistance And Therfore Humbly Craveing the saids Lords to take the premisses to their Consideratione and to modifie such a soume as the saids Lords should think meet and convenient for the aliment of them the said Lady Catharine and Lady Margrat Boyds termly from the death of their said brother untill the forsaid aliementar process before the Lords of Session could be Conveniently brought to a period And to ordaine the said Mr Robert Stewart and Mr John Boyds tutor forsaid To make punctuall payment to the petitioners formerly And Lykwayes that the saids Lords would be pleased to Decerne and ordaine the said Mr Robert Stewart and Mr John Boyds to make payment to the said Mr Alexander Boyd of such soume as the saids Lords should be pleased to modifie for his aliement and mantinance from the terme of Whitsunday last that his brother dyed till ane convenient occasion offer of Transporting himself to Flanders to serve in his majesties army as also of so much more as the said Lords should Judge convenient for puting of him in equipage 2 to goe abroad, As the said petition bears Which Being Read in presence of the saids Lords They Ordained answers to be made therto be the Earle of Killmarnocks tutors who accordingly haveing given in the3 answers underwritten Viz That the tutors hade very good reason to deny payment of any part of the said provisiones which was granted be the said Earle of Killmarnock on death bed seing it is ane uncontraverted principall in law that deeds on death bed cannot prejudge the air, And as to the aliment Craved to be modified to the Ladies in the mean tyme, Untill the forsaid aliementarie process before the session should be brought to a period It is answered that albeit that by the law of nature fathers are oblidged to aliement their Childrein, and which is Lykewayes sometyme extended against brothers for aliementing their brothers and sisters dureing their infancie and less age Yett ther is neither Law nor custome, which could obleidge a nephew to aliement his aunts and uncles who are Majors at least Majordati proximis Lykeas the familly of Killmarnock is very low and exeidingly burdened with debt In so much that after payment of the annualrents of the debts and after deductione of the Countes her Lyfrent their would not be so much free as may mantaine the Earle himself and his brother who is ane infant of thrie years of age In Respect quherof It is was hoped the Lords of privy Councill would be tender in Burdening the pupill with aliement to his saids aunts and uncle the condition of the familly being Exceiding low In so much that he himself will be oblidged to pursue for ane aliement of his mothers Joyntur Which Petition and answers abovewritten being read in presence of the saids Lords They Recommended to a Comittie of their oun number to meet with the parties, And indeavor to setle the said matter and report their procedor to the saids Lords who haveing mett with the parties and this day made their verball report The saids Lords Doe heirby Modifie the Soume of Six Hundred merks to the above Lady Catharin Boyd and the soume of Ane hundreth and Thrie scors punds to the above Lady Margrat Boyd for their aliment for the space of a year Comensing from the terme of Whitsunday last past to Whitsunday nixt to come And to the above Mr Alexander Boyd the Soume of six hundreth merks for his aliement and equiping him to goe to Flanders and Decernes and Ordaines the said Mr Robert Stewart and Mr John Boyd tutors to the Earle of Kilmarnock to make payment of the Soumes modified as said is And Ordaines letters of horning on fiftein dayes warning to be direct heiron and others needfull in forme as effeirs.

Edinburgh the Fourth day of August Jaj vjc Nyntie two years ante meridiem

D1692/8/161

Act

Act Earl of Kilmarnocks brother and Sisters

Anent a Petition given in to the Lords of their Majesties Privy Councill be Mr Alexander Ladie Catharin, and Lady Margrat Boyds brother and sisters german to the deceast William Earle of Kilmarnock Shewing That the said deceast William Earle of Kilmarnock the petitioners brother Considering that the said Lady Catharine and Margrat Boyds hade no patrimony provyded to the petitioners be their deceast father, He was pleased to grant the petitioner bonds of provision for the soume of Eight Thousand merks to the said Ladie Catharine and Four Thousand merks to the said Lady Margrat, But ther is no patrimony at all provyded to the said Mr Alexander aither be father or brother, And the petitioners being in familly with their brother at the tyme of his decease which was about the terme of Whitsunday last The tutors of William now Earle of Killmarnock And the freinds of the familly Doe not only refuse to deliver up the saids bonds of provisione, upon the account that they allege the same was granted upon death bed, or to make payment to the said Lady Cathrin and Margrat Boyds of the intrest of the said provision Bot Lykewayes Doe Refuse to Continue to aliment or mantaine the petitioner or to give the said Mr Alexander a Competent allowance for carieing the petitioner abroad in the qualitie of ane gentlman that he may be capable to follow his Sword and mantaine himself without being burdensome or Discreditable to the familly So that they are necessitate to commence a proces at their instance before the Lords of session against Mr Robert Stewart advocat and Mr John Boyd one of the Regents of the Collodge of Glasgow tutors testamentars to the said William now Earle of Killmarnock for constituteing and modifieing ane aliment to the petitioners out of their fathers and brothers estate And seing that in the ordinar forme of procedure before the Lords of Session It would be a Considerable tyme before that in the ordinary forme of procedure before the Lords of Session It would be a Considerable tyme before that the process could be brought to any Isue And that in the mean tyme the petitioners are absolutly Destitute of all means of subsistance And Therfore Humbly Craveing the saids Lords to take the premisses to their Consideratione and to modifie such a soume as the saids Lords should think meet and convenient for the aliment of them the said Lady Catharine and Lady Margrat Boyds termly from the death of their said brother untill the forsaid aliementar process before the Lords of Session could be Conveniently brought to a period And to ordaine the said Mr Robert Stewart and Mr John Boyds tutor forsaid To make punctuall payment to the petitioners formerly And Lykwayes that the saids Lords would be pleased to Decerne and ordaine the said Mr Robert Stewart and Mr John Boyds to make payment to the said Mr Alexander Boyd of such soume as the saids Lords should be pleased to modifie for his aliement and mantinance from the terme of Whitsunday last that his brother dyed till ane convenient occasion offer of Transporting himself to Flanders to serve in his majesties army as also of so much more as the said Lords should Judge convenient for puting of him in equipage 2 to goe abroad, As the said petition bears Which Being Read in presence of the saids Lords They Ordained answers to be made therto be the Earle of Killmarnocks tutors who accordingly haveing given in the3 answers underwritten Viz That the tutors hade very good reason to deny payment of any part of the said provisiones which was granted be the said Earle of Killmarnock on death bed seing it is ane uncontraverted principall in law that deeds on death bed cannot prejudge the air, And as to the aliment Craved to be modified to the Ladies in the mean tyme, Untill the forsaid aliementarie process before the session should be brought to a period It is answered that albeit that by the law of nature fathers are oblidged to aliement their Childrein, and which is Lykewayes sometyme extended against brothers for aliementing their brothers and sisters dureing their infancie and less age Yett ther is neither Law nor custome, which could obleidge a nephew to aliement his aunts and uncles who are Majors at least Majordati proximis Lykeas the familly of Killmarnock is very low and exeidingly burdened with debt In so much that after payment of the annualrents of the debts and after deductione of the Countes her Lyfrent their would not be so much free as may mantaine the Earle himself and his brother who is ane infant of thrie years of age In Respect quherof It is was hoped the Lords of privy Councill would be tender in Burdening the pupill with aliement to his saids aunts and uncle the condition of the familly being Exceiding low In so much that he himself will be oblidged to pursue for ane aliement of his mothers Joyntur Which Petition and answers abovewritten being read in presence of the saids Lords They Recommended to a Comittie of their oun number to meet with the parties, And indeavor to setle the said matter and report their procedor to the saids Lords who haveing mett with the parties and this day made their verball report The saids Lords Doe heirby Modifie the Soume of Six Hundred merks to the above Lady Catharin Boyd and the soume of Ane hundreth and Thrie scors punds to the above Lady Margrat Boyd for their aliment for the space of a year Comensing from the terme of Whitsunday last past to Whitsunday nixt to come And to the above Mr Alexander Boyd the Soume of six hundreth merks for his aliement and equiping him to goe to Flanders and Decernes and Ordaines the said Mr Robert Stewart and Mr John Boyd tutors to the Earle of Kilmarnock to make payment of the Soumes modified as said is And Ordaines letters of horning on fiftein dayes warning to be direct heiron and others needfull in forme as effeirs.

1. NRS, PC2/24, 94v-96r.

2. The words ‘as the’ scored out here.

3. Insertion.

1. NRS, PC2/24, 94v-96r.

2. The words ‘as the’ scored out here.

3. Insertion.