D1696/8/11
D1696/8/112
Sederunt
Lord Chancellor; Earl of Mellvill; Earl of Argwyll; Earl of Morton; Lord Murray; Lord John Hamilton; Lord Raith; Lord Carmichaell; Lord Ruthven; Sir James Ogilvie; Lord Advocat; Lord Anstruther; Mr Fra: Montgomry; Laird of Pollock; Laird of Stevenson
1. NRS, PC2/27, 266v
2. NRS, PC2/26, 266v.
1. NRS, PC2/27, 266v
2. NRS, PC2/26, 266v.
D1696/8/10
D1696/8/101
Act
Anent the petitione given in to the Lords of his majesties privie Counsell be The Earle of Galloway The Laird of Rwsco Patrick Murdoch of Cumloden […] Stewart of Tannargie […] Mackie of Larg […] Dumbar of Machriemore David Mcculloch of Arduell […] Mcculloch of Barholme […] Hanna of Kirkdaill Thomas Alexander Stewart deput and John Greirsone of Dallskerth for themselvs and in name and behalf of the heretors and others of the Stewartie Shewing That wheras ther is a petitione given in by the Viscount of Kenmwire William Mcgie of Ballmagee and Some other Commissioners of Assessment of the said Stewartie Makeing mentione that they did meet at Kirkcudbright the tuentie third of Jully Last and did cast on thrie moneths Supplie payable at Lambmes and appointed a collector for uplifting therof And that Since which tyme the Earle of Galloway Laird of Rwsco and the other petitioners did meet at a privat Countrie ale house And did cast on the said thrie moneths Supplie and appointed a different collector from him nominat by then and had imposed Ane hundereth and fourtie punds more then was Dwe And both collectors had isswed out ther order for payment of the Said Supplie under the paine of qwartering wherby the Countrie was lyke to Suffer And therfor craveing that ther laying on of the Supplie and appointing a collector might be approven And that the Countrie might be Secured from Double distress upon which ther Lordships appointed the petitioners to See and ansuer the said petitione The Earle of Galloway The Laird of Rwsco and other Commissioners that concurr with them befor they make any particular ansuer to the petitione Humbly craves Leave to represent to ther Lordships the true mater of fact which was Thus That Maxwell yownger of Newlaw who was ane of the two collectors of the Supplie within the Stewartie being deceased And ther being five hundereth and fiftie pound Sterleing resting of the bygone cess by the collectors It being all uplifted from the countrie except Soume Small thing may be not five Shillings in a paroch And the generall receaver haveing Sent a pairtie of Fifftie men to qwarter for the Samen upon which the Commissioners for the Stewartie haveing mett they appointed the collectors and ther Cautioners bonds might be registrat that dilligence might be wsed against them for payment of the bygone Cess resting and which they had uplifted from the Countrie And because Kirkcudbright wher they then mett was above twentie four mylles distance from The Earle of Galloway and Severall other gentlemen Commissioners of Supplie of the said Stewartie It was moved at the meeting that Some other place may be appointed for the next meeting wher all the Commissioners might meet and which was ane eqwall distance and convenient for all the Commissioners to come to Especiallie Seing it was very inconvenient to meet at Kirkcudbright which as it lyes upon the Sea at a great distance from all the rest of the Stewartie so ther was many tymes difficultie of access to it when the waters were high And therfor it was resolved that the next meeting Should be at The Gatehouse which is the centere of the Stewartie and the most convenient place wher all the Commissioners might meet upon the twentie third of Jully Last And accordinglie was soe voted and ane act past Therupon But as the clerk did begin to write the resolutione of the meeting to the effect it might be Signed by the Viscount of Kenmwire he and Soume others with him rose and went away And Rwsco did take instruments that ther was a vote past appointing the next meeting to be at the gatehouse And did reqwyre the clerk to give him ane extract therof which he refwised as appears by ane instrument prodwced And the Earle of Galloway Laird of Rwsco and other Commissioners that concurrs with them haveing according to the resolve of the former meeting mett at the Gatehouse the said Day they in the first place ordered dilligence to be wsed against the collectors and ther Cautioners for payment of the bygone cess that was resting And did lay on the thrie moneths Supplie payable at Lambmas Last And ane of the collectors being deceast and John Mcknawght the other collector haveing declaired to the Commissioners that he would not continwe any Longer collector they did make choise of other two collectors who were persones well affected to the government And who found Sufficient cautione And notwithstanding that the meeting was appointed to be at the gatehouse yet the viscownt of Kenmwire and other commissioners that concurrs with him did keep a meeting at Kirkcudbright the Same day and named another collector and clerk And then they ordered that the collector Should advance upon the Countries accompt the bygone cess that was resting by the former collectors And next they did not only lay on the thrie moneths Supplie but appointed parochiall collectors who ordinarly exacts Six per cent for ther fees And did lay on four pund Eleven Shilling upon the hundered pund besydes to be payed to ther collector which was most exorbitant And Gavin Dumbar whom they choised to be clerk is knowen to be popishly inclyned And when John Mcknaught the clerk desyred him to give up the books he refwsed As also at former meetings ther being severall of the Commissionres who concurrs with the Earle of Galloway that represented ther was Severall abwses comitted upon the Countrie by the former collectors Such as that ther was a considerable excress that had bein uplifted of the Shyre for Severall yeirs of excyse Supplie Levies and Localities And yet the collectors had not bein called to ane accompt for the Samen And these other Commissioners refwised to concurr to call them to ane accompt wherof the trwe reasone was Because Severall of the saids Commissioners had either bein collectors themselvs or Cautioners for the former collectors or were ther near freinds and relationes And besydes many other abwses and oppressions that had bein Comitted upon the said Stewartie which the said other Commissioners Did absolutely refwse ther concurrance to redress the Same This being the mater of fact It is ansuered for the Earle of Galloway The Laird of Rwsco and other Commissioners that concurrs with them that the meeting holden by the Viscount of Kenmwire Ballmagie and others that concurrs with them at Kirkcudbright was wnwarrantable and illegall In Swa far as it was contrair to the resolve of the former meeting of the Commissioners who for the conveniency of all the Commissioners appointed the next meeting to be at the gatehouse which was the centure of the Stewartie And albeit the said resolve and act was not marked in the book In respect the Viscount of Kenmwire who was present at that meeting refwsed to Signe it yet Rwsco haveing taken instrwments upon the vote It was Sufficient to Supplie the want of the act so that the said meeting at Kirkcudbright being wnwarrantable any acts that was past at the said meeting kept at the Gatehouse by the Earle of Galloway and others Commissioners that concurrs with him was the only Laufull and legall meeting and the acts past by them ought to be Sustained and approven Secundo the said meeting at Kirkcudbright did manifestly wrong in appointing the collector to advance upon the Countries accompt the cess that was resting which could be no other designe But to lay it upon the Countrie wheras the said bygone Cess haveing bein uplifted by the collectors from the countrie except very Litle which was not worth the nameing the Collector that is alyve and the Cautioners for the collector that is deceased Should have bein distrest for payment of the Cess they had uplifted which the meeting at the gatehouse did appoint to be done that the Countrie might not be burdened with the Samen Tertio the said meeting at Kirkcudbright was illegall because the ordinarie clerk was not present with them but was with the Earle of Galloway and others that did meet at the gatehouse And it was wnwarrantable for that pretended meeting at Kirkcudbright to choise a new clerk which could onlie be done by a generall meeting of the Commissioners appointed for that effect And Gavin Dumbar whom they choised to be clerk is knowen to be disaffected to the government and comonly repute to be papishlie inclyned Qwarto If any particular number of Commissioners Should Sett up meetings for themselves contrair to the resolve of the generall meeting it would occasione ane absolwte confwsione as it wowld doe in all Societies And this is a clear instance of it for these severall meetings might emitt different and contrare orders as was Done in this caise Qwinto that pretended meeting at Kirkcudbright did appoint parochiall collectors which was contraire to Law Seing ther ought onlie to be a generall collector for everie Shyre or Stewartie and it was manifest oppressione For these parochall collecters does ordinarlie exact Six per cent for ther fees besyde the generall collectors fee Sexto wheras the Viscount of Kenmwire and other Commissioners that concurrs with him Complaints that the meeting at the Gate house Should have Laid on Ane Hundereth and fourtie pund Scotts more for the collecters fies then ought to have bein done It is absolwtely groundles Seing they Laid on no more but what was formerly in wse to be payed to the collectors for ther fees Septimo ther being severall abwses comitted upon the Stewartie by the collecters Such as that the Collecters hes never bein called to to2 ane accompt for the excressence of the Supplie excyse Bridge and highway money and severall other impositiones Laid upon the Shyre these severall yeirs bypast And these other Commissioners refwseing to concurr in calling these collectors to ane accompt for the reasons foirsaids in respect severall of them wer collecters themselvs and Cautioners for the collectors Some effectwall course owght to have bein taken that these collectors and ther cautioners might have bein called to ane accompt for what they uplifted of the Stewarts and had not imployed the Samen to the wses they were destinate And therfore humbly Craveing ther Lordships would be pleased to take the premisses to ther consideratione and to approve of the meeting held by the Earle of Galloway and others at the gate house Conforme to the resolve of the former meeting of the Commissioners And to awthorize the acts past by them at the said meeting and to declaire the meeting held by the Viscount of Kenmwire and others that concurrs with him at Kirkcudbright that day to be illegall and wnwarrantable And the acts past by them at the said meeting to be nwll and void and to awthorize the Collector named by the meeting at the gate house as only collector legally chosen for uplifting of the Said Supply And to Discharge the collectors named by the pretended meeting at Kirkcudbright to uplift the Said Supplie Not only because he was not legallie chosen But also in respect he hes not as yet found cawtione as is informed As also that ther Lordships may be pleased to appoint Swch gentlemen in the Stewartie as ther Lordships Shall think fitt to call all the former Collectors and ther cautioners to ane accompt for the exercise of the said Cess Supplie and other publict money that hes bein uplifted off the Countrie for if it Shall be left to the Commissioners of the Supply it Shall never be done As the Said petitione bears The Saids Lords of his majesties Privie Cownsell haveing considered the petitione given in to them be the Viscownt of Kenmwire and Such of the Commissioners of Supplie and heretors of the Stewartie of Kirkcudbright who adhere to him and ansuers made therto for the Earle of Galloway Laird of Rwsio and other Commissioners of Supply and heretors of the said Stewartie who adhere to them They doe heirby ordaine and appoint the whole Commissioners of Supplie within the Said Stewartie of Kirkcudbright to meet at the Gatehouse of Fleet upon the twentie Seventh day of Awgwst instant And ther and then lay on the thrie moneths Supplie payable by the Said Stewartie at the terme of Lambmas Jaj vic and nyntie Six and to choise ther own clerk And likewayes to choise nominat and appoint a collector for uplifting and ingathering of the said Supply That his Majestie and the Government may not be prejudged But prejwdice to the Commissioners within the said Stewartie for the future to meet at any other place when they are abowt other bwssienes Conform as they have bein formerly accustomed to doe And appoints the Stewart clerk of the Said Stewartie to make intimatione heirof to the Severall Commissioners of Supplie within the saids bownds And Likewayes at the doors of the Severall paroch kirks of the said Stewartie So Soon as thir presents Shall come to his hands
1. NRS, PC2/26, 262r-266r.
2. Sic.
1. NRS, PC2/26, 262r-266r.
2. Sic.
D1696/8/9
D1696/8/91
Act
Anent the petitione given in to the Lords of his majesties privie Counsell be Joseph Home of Nynwalls and Sir John Home of Blackalder and George Home of Kinnergehame his curators for ther interests Shewing that John Home late of Nynwalls the petitioners father haveing maried Dam Mary Norvell relict of the deceast Sir David Fallconer of Newtowne did reside Some yeirs befor his decease in the house of Inglismade pertaineing to David Fallconer of Newtowne the said John Home had in a cabinet ther many of his wrytes and evidents And particularly the accompts of his intromissiones with the said David Fallconers estate to whom he was for some yeirs tutor The Said Cabinet and papers therin was by warrand from John Marqwes of Tweedale then Lord High Chancellor upon applicatione made to him sealled and transported to Edinburgh and consigned in the clerk of the Cownsells hands wher it presentlie is But besydes this Cabinet which is consigned (as said is) in the clerk of the Counsells hands the petitioner is certainly informed that ther is certainly ane other cabinet in the said house of Inglis made wher in ther are also Severall uther writes and evidents and particularly the instrwctiones of the saids accompts of his intromissiones with the said estate And the petitioner being now to cleare his fathers intromissiones with the said David Fallconers estate which he cannot Doe without his papers And therfor humbly craveing ther Lordships to grant warrand for opening the said cabinet which is consigned here in the clerk of the Counsells hands at the Sight of the said David Fallconer and any of his freinds whom he Shall please name And to deliver to the petitioner the writts and evidents belonging to him And particularly the saids accompts and instructiones therof And furder to ordaine the Shirreff of the Nairnes2 and his deputs to inspect the Cabinet in the house of Inglismadie and to call for the keyes of the said Cabinet and rowme wher the Samen is from the Laird of Johnstowne and Mr John Bowis minister at Bonmalidy or any others havers therof And to ordaine all papers and writes therin beloning to the petitioner And particularly any of the saids accompts and instructions therof that Shall be fownd ther to be Delivered to the petitioner and his curators or any they Shall appoint As the said petitione bears The Saids Lords of his majesties privie Cownsell haveing considered the above petitione and ansuers made thertofor David Fallconer of Newtowne They heirby allow the Cabinet which is presently in the hands of the clerks of privie Counsell to be opened up at sight of the Lords Fountainhall and Anstruther or aither of them upon intimatione to be made to Michaell Norvell of Bowghall or any other persone who Shall be named be the Laird of Newtowne or his freinds to be present for Newtownes behove And allowes the papers to be inspected at the Sight foirsaid And Such as Shall be fownd to belong to Nynwalls to be delivered to his curators upon inventar and recept therof
1. NRS, PC2/26, 261r-262r.
2. The word ‘or’ scored out here.
1. NRS, PC2/26, 261r-262r.
2. The word ‘or’ scored out here.
D1696/8/8
D1696/8/81
Order
The Lords of his majesties privie Counsell doe heirby recomend to the Lords Commissioners of his majesties Thesaurie to cause make payment to James Stewart and William Robertsone prisoners in the tollbwith of the Cannogaite and to […] Menizes and […] his wife prisoners in Edinburgh tollbwith of four Shilling Scotts per diem for aliment to each of the Saids four persones frae the date hereof till they be putt to Libertie
1. NRS, PC2/26, 261r.
1. NRS, PC2/26, 261r.
D1696/8/7
D1696/8/71
Decreet
Anent the lybell or Letters of complaint raised and perswed at the instance of Mistress Grizell Wallace Lady Kininmowth Mrs Elizabeth Wallace Lady Hallyeards John Skeen younger of Hallyeards her husband for his interest and Margaret Hog servitrix to Kininmouth with concurse of Sir James Stewart his majesties advocat for his hignes interest in the mater wnderwritten Makeing Mentione That wher by the Laws of God nature and nationes And particularly of this realme everie man is bownd to Live bountifullie and civilly with his wife and to aliment and entertaine her in food and cloathing and in all wther necessaries suteable to ther degrie and qwalitie Lykeas in the case of the husbands male treateing and abwseing of his wife by intollerable neglects and injuries wherby She can nether Live qwietly with him nor have any thing for her reasoneable Subsistance The Lords of our privie Counsell have bein allwayes in wse according to the Lawes forsaid to appoint and ordaine to the poor afflicted wife a Just and necessarie aliment Nevertheless It is of veritie that Patrick Kininmouth of that ilk Shakeing of all fear of God and regaird to the comoune Lawes and Dweties of humanitie hath ever Since he maried the Complainer which was in the yeir […] behaved to her most wndwetifully and wnnaturallie not only by withdrawing from the Complainer his affectione as a husband and denying her that intertainment at bed and board which She might have expected from him But by withholding from the complainer her most necessarie Supports of life towitt food and rayment and menaceing threatning and beating the Complainer to the very hazard of her life and keeping and detaining the Complainer in his house as a prisoner Least She might complaine to our Saids Lords or any other as first within a twelve moneth of her said mariadge She was so ill treated by the said Patrick Kininmowth by beatting of her and otherwayes that She was forced to flie from him to her brother the Laird of Craigie for protectione wherupon a Counsell proces haveing bein intented Kininmouwth conscious of his own folly and madnes did apply to Craigie for ane accomodatione with all the protestationes of a more duetfiull mariadge Wherupon a Submissione was Drawen up to indifferent freinds to determine ane yeirly aliment for the Complainer Since ther was no probabilitie of ther peaceable cohabitatione But Kininmounth to eleid this Submissione as he had therby evaded the Councell process prevaills by many Solemne oathes and Secrete emissaries upon the complainer to returne home Wherby both proces and Submission deserted But Kininmounth Judgeing himself no more Secure then formerlie regairds no promise but rageing at a greater rate then ever when the Complainer was brought to bed within Some weeks therefter his abstract from her all things necessarie for her conditione and to be churched he refwised her money so much as for the poor calling her by many approbriows names not to be repeated and beatting and brwiseing her to the effwsione of her blood Sweareing and cuseing that She Should never bed with him which oath is the only oath and promise he hath keeped to the complainer for the Space of Seven or eight yeirs And furder within a fewd others therefter did in a most tempestwows night Shutt her owt of Doors and forced her to take Lodgeing and Shelter at night in a coatt house and Shutt her up in a Locked rowme of designe to Starve the comapliner non of his tenents Darring So much as harboure her and keeped a watch upon her Least She Should make her escape and the next day dragged her back by force to his house and Shutt her up in a Locked rowme of designe to Starve the complainer And yet all this pairtly throw fear and pairtly throw force She was constrained to endure not without some hope that even his own barbaritie might reprove him But on the contrarie he continued Still more wnnaturall and crwell denyeing the complainer all Supports of life or so much as a servant so that the comapliner was constrained to flie a second tyme to her freinds and apply again to the saids Lords which was in the yeir Jaj vic and nyntie two But he persewing his former artifice turned Supplicant to the complainers Sister the Lady Hallyeards Solliciteing her to cause the complainer returne And for that end binds himself yeirly to give the complainer a certaine Sowme for cloathes and to mentaine her and a Servant to waite upon her But the complainer being returned upon this assureance mett with no better performance then formerly and was treated with Swch inhumane Severities that She was often destitute of necessarie food And for the most pairt had nether Shoes nor Stockings nor coatt nor Shirt to change another wher by in winter Jaj vic nyntie thrie The Complainer contracted a rwmatick feaver which keeped her Serven or eight weeks But he was Still so crwell that he nether allowed the complainer phisition or Servant nor any remedie nor comfort And when he fand the Complainer was recovered and was told by Some persons that regrated the Complainers bad wseage to amend his way he in ansuer Dam him if he would not blow up the Lady meaneing his own wife in mockrie and in his fwrie and madnes ran presently to the window of the house below the rowme wher he thought She was and Shott a pistoll charged with a pairt of Ball throw the Loaft and thws he continwed to treat her most barbarowselie till march Last that She finding away to make a new escape he did most barbarowsely fall upon Margaret Hoge a Servant in the house whom he alleadged to be accessorie to her escape and crwellie beatt her to the effwsione of ther blood Likeas Since the complainers escape foirsaid alswell as befor the complainer hes bein Supplied incloaths and wther necessaries by her sister the Lady Hallyeards to the valwe of Ane Thowsand pund Scotts money which being all profiteable advanced et in rem mariti vesum for Supplieing and releeveing the said Kininmounth of what he himself was obleidged to Doe for his wife ought to be refounded by him with the interest By all which it is evident that the foirsaid Kininmounth is gwiltie airt and pairt of the foirsaid most gross misdemaners towards his own wife As also that he is lyable to the said Lady Hallyeards in the Soume foirsaid And therfor ought not only to be condemned to refound the foirsaid Sowme but also to pay to the complainer yeirly and qwarterly per advance the Soume of […] for her necessarie aliment and Sustinance the Same being but reasoneable his estate her contract of mariadge and most barbarows wseage being all dwely considered And also that he owght to be furder pwnished in his persone and goods to the example and terror of others to commit the Like in tyme comeing And anent the charge given to the said defender to have compeared personally befor the saids Lords of privie Counsell at ane certaine day now bypast to have answered to the grownds of the foirsaid complaint And to have heard and Sein Such order and course2 taken them as the saids Lords Should think fitt wnder the paine of rebellione etc As in principall lybell or Letters of Complaint and executiones therof at more lenth is contained Which lybell being upon the twentie third day of Jully Last bypast called in presence of the Saids Lords of privie Counsell And the Said Lady Kininmounth Lady Hallyeards and Margaret Hog thrie of the persewers Compeareing personallie with Sir James Stewart his majesties advocat and Mr Robert Frazer Advocat Advocats for the haill persewers And the said Patrick Kininmounth being Laufullie cited oft tymes called And not Compeareing But Mr Robert Dowglas and Mr George Alexander haveing compeared as advocats for him The Lybell was red and both pairties Lawiers being heard The Saids Lords continwed this affair till the twentie eight of the said moneth of Jully Last Against which day the defenders3 Advocats did undertake to endeavor to prodwce him Wpon the which twentie eight day of Jully Last This actione being againe called, in presence of the saids Lords of privie Counsell and all pairties haveing compeared or continweing absent as above Sett Downe upon the said twentie third of Jully Last The lybell and ansuers therto being read The Lords of privie Counsell admitted the lybell to probatione And the wittnesses present haveing made faith at the barr The Saids Lords appointed a comittie of ther own number to examine them Reserveing all objectiones which could be made against the Saids wittnesses to be proponed and discwst befor the Committie And granted furder dilligence against the absent wittnesses which Comittie haveing accordinglie mett and taken the oathes of diverse and sundrie famous wittnesses who being Solemnly Sworne and interrogat deponed and declaired as ther oaths extant in process bears And the said process being this day advysed be the saids Lords of privie Counsell and ther Lordships haveing considered the depositiones of the wittnesses addwced by the persewer The Lady Kininmounth For proveing her pairt of the lybell with her Ladyships contract of marriage and the Laird of Kininmounth hes informatione being read in presence of the Counsell The Saids Lords of privie Counsell have modified and heirby modifies the Soume of Twelve Hundereth merks to the said Lady Kininmounth as ane yeirly aliment And decerns and ordains the said Patrick Kininmounth of that ilk to make payment to the said Mrs Grizell Wallace his Lady of the said aliment of Twelve Hundereth merks per annwm at two termes in the yeir be eqwall portiones Beginning the first termes payment of Six Hundereth merks instantly as for the terme frae whittsonday Last to Mertimes next And the lyke Soume at that terme and So furth yeirlie and termly in tyme comeing per advance the termes of payment being first come and ygone And ordains the tennents tacksemen and possessors of the said Patrick Kininmounth his estate to make payment of the said aliment at the termes and by the proportions forsaids And Leaves the Lady Hallyeards to perswe for what is dwe to her befor the Judge ordinary as accords in Law And ordains Letters of horning on fiftein dayes and wther executorialls needfull under the Signet of Counsell to be direct heiron in forme as effeirs
1. NRS, PC2/26, 257v-261r.
2. The letters ‘tha’ scored out here.
3. The phrase ‘being againe called in presence of the saids Lords of privie Counsell’ scored out here.
1. NRS, PC2/26, 257v-261r.
2. The letters ‘tha’ scored out here.
3. The phrase ‘being againe called in presence of the saids Lords of privie Counsell’ scored out here.
D1696/8/6
D1696/8/62
Sederunt
Lord chancellor; Earl of Mellvill; Earl of Argyll; Earl of Morton; Lord Murray; Lord John Hamilton; Lord Montgomerie; Lord Raith; Lord Carmichaell; Lord Ruthven; Sir James Ogilvie; Lord Advocat; Lord Fountainhall; Lord Anstruther; Mr Fra: Montgomery; Laird of Pollock; Laird of Stevenson; Sir Thomas Livingston; Laird of Ballhousie; Proveist of Edinburgh
1. NRS, PC2/26, 257v.
2. NRS, PC2/26, 257v.
1. NRS, PC2/26, 257v.
2. NRS, PC2/26, 257v.
D1696/8/5
D1696/8/51
Act
Anent the petitione given in to the Lords of his majesties privie Cownsell be Jean Countess of Dumferleing Shewing That wheras the Earle of Dumfermlings estate was first Seqwestrat and then Forfaulted Wherby his Laddy and Dowgther had no Subsistance Which made her apply to the Lords of Councell and Thesaury And they by ane act dated the threttein day of Jwny Jaj vic nyntie thrie yeirs ordained Thomas Twrnbull ther factor to pay to her owt of the Lordshipe of Wrqwhart Fourtie chalders of victwall of the cropt Jaj vic nyntie two And as to the payment therof in tyme comeing The Lords appointed the Cowntess and ther said factor to condescend upon a localitie beareing Designatione of the Lands owt of which the said Fourtie chalders of victwall was to be payed In the termes of which act the petitioner gott not only payment of the cropt Jaj vic nyntie two But by a Stated rentall betuixt the thesaurers factor and a confident appointed by The Cowntess ther was a condescendance of the Lands And She entered in possessione of the Saids Lands of Wrqwhart for her Localitie and payment of her said aliment And efter her husbands Death She be vertue of her Contract of mariadge charter and Seasine entered to the possessione of these pairts of the Lordshipe of Fyvie which the Marqwess of Tweedale pretends no right to nor is in possessione of The whilks Lands amownt to abowt two thowsand merks a yeir so that both the Lands of Fyve and the Lands of Wrqwhart which ther Lordships was pleased to allow the petitioner for aliment Does not amownt to the Six Thowsand merks frie of publict bwrdens which She owght to have in Jointure which made ther Lordships petitioner to continwe her possessione of the saids Lands of Wrqwhart till he end of the Last winter Sessione at which tyme it pleased the Lords of Sessione to place a factor for uplifting the whole rents of the estate of Dumfermling includeing both the petitioners Jointure Lands and Localitie And the factor haveing charged the tennents of the saids Lands wherof She was in possessione And She haveing Suspended and made applicatione to the Saids Lords of Sessione that they would discharge ther factor from medleing with her enterest Nevertheles efter much trouble and expensses to her the factor was ordained to uplift the rents of the foirsaids Lands so that both ther Lordships petitioner and her doughter is debarred of a Subsistance out of her husbands fortune And it being ther Lordships constant cwstome to provide releiff for Such as are in the petitioners circumstances And therfor humbly Craveing ther Lordships to consider Sereowsely the premisses and allow the petitioner to uplift that Small pairt of her Jointure Lands which is not possest by the Marqwess of Tueedale as said is and to give warrand to the tennents and possessors therof to pay the Same to the petitioner And to give order and warrand to the tennents and possessors of the Lord Shipe of Wrqwhart to pay ther rents to the petitioner which will near make up the Six thousand merks allowed the petitioner by vertue of her contract of marriadge and what aliment besydes ther Lordships Shall Judge propper for her doughter out of any pairt of the estate of Dumfermling ther Lordships Shall think fitt As the said petitione bears The Saids Lords of his majesties privie Counsell haveing considered the above petitione and ansuers given in therto be the Lord Pittmeddan and his Sone They heirby modifie the Soume of Six Thowsand merks Scotts of yeirlie aliment to the petitioner furth of the Lands and Lord Shipps of Wrqwhart and Fyve which belonged to and were possest by the deceast Earle of Dumfermling to be payed at two termes in the yeir be eqwall portions Beginning the first termes payment instantly as for the terme frae whittsonday Last to Mertimes next And so furth yeirly and termly in tyme comeing at whittsonday and Mertimes be way of advance The termes of payment being allwayes first come and bygone and decerns the factors appointed by the Lords of Sessione for uplifting the rents therof to make payment to the said Countess of the Same And ordains Letters of horning under the Signet of Counsell and others needfull to be direct heiron in forme as effeirs The Countess first befor extracting heirof giveing bond and finding Sufficient cawtione acted in the books of privie Counsell that She Shall refownd and pay back the said aliment to any persone who Shall have best right therto in caise it Shall be fownd that any persone have better right therto then herself.
1. NRS, PC2/26, 255v-257r.
1. NRS, PC2/26, 255v-257r.
D1696/8/4
D1696/8/41
Procedure: petition
Anent the petitione given in to the Lords of his majesties privie Cownsell be Doctor Alexander Skeen Shewing that the deceast Patrick Bishup of Caithnes haveing ane wodsett of certaine Lands in the Shyre of Caithnes redeimable upon payment of nyntine thowsand merks And the said Bishup and the petitioner as haveing right from him being therupon infeft and ther infeftment confirmed wnder the great Seall they did therupon enter to the possessione of the foirsaids waist2 Lands and continued in the peaceable possessione untill the year Javic and nyntie thrie at which tyme the petitioners factors and Chamberland haveing Deceast when the petitioner was here in Edinburgh William Campbell chamberland to the Earle of Broadalbine and uthers concurring with him did by force and frawd invert the petitioners possessione and force and compell his tenents to take new tacks from and pay the rents to him as chamber Land to the Earle of Broadalbine And hath ever Since intrometted with and uplifted the rents of the petitioners wodsett Lands And the petitioner haveing therupon raised a complaint befor ther Lordships he did obtaine a decreit of privie Cownsell in foro ordaining the petitioner to be instantly repossest But ther being a bill of Suspensione presented against ther Lordships said decreit And the procurators for the Earle of Broadalbine and William Campbell haveing alleadged that the petitioners wodsett right was affected with ane backtack and the irritancie of the said backtack not being declaired the said deceast Bishup his entrie to the possessione and the petitioners continwatione therof was wnwarrantable Wherupon ther Lordships were pleased to remitt the Same to be Sumarly discwst befor the Sessione It is now humbly represented to ther Lordships that the petitioners awthors right and his to the said wodsett and ther entrie to the possessione therof and continwatione of the Same is clearly legall and wnqwarrellable inswa far as Albeit the bishups wodsett Doe containe ane back tack yet the irritancey therof being clearly incurred And the deceast Biship haveing raised a declarator of the said irritancie befor the Lords of Sessione The Deceast Earle of Caithnes by a write under his own hand which is produced therwith)3 Dill allow the deceast Bishup to enter to the actwall and naturall possessione of the said wodsett Lands many yeirs befor the Earle of Breadalbine had any Shaddow of right or pretence to the Earledome of Caithnes so that the petitioners right and title of possessione being clear and inqwarrellable and cledd with more then twentie yeirs possessione the Earle of Breadalbines pretences are therby evidently redargued and convelled And therfor humbly craveing ther Lordships to consider the premisses And the sad and injust oppressione the petitioner hes mett with in this affair And therupon to recall ther Lordships Last interloquitor And to ordaine ther Lordships decreit pronunced in the petitioners favoures for repossessione to be putt to furder executione And to refwise the bill of Suspensione presented to ther Lordships for the Earle of Breadalbine and William Campbell against the Same And to ordaine the protestatione pronunced against William Campbell to be furthwith extracted As the said petitione bears The Saids Lords of his majesties privie Cownsell haveing considered the above petition and answers therto for the Earle of Breadalbine with the write mentioned therin and produced therwith They heirby refwse the desyre of the said petitione and adheres to ther former interloqwitor pronunced be them upon the threttieth day of Jullie Last
1. NRS, PC2/26, 254v-255v.
2. Insertion.
3. Closing bracket missing.
1. NRS, PC2/26, 254v-255v.
2. Insertion.
3. Closing bracket missing.
D1696/8/3
D1696/8/32
Sederunt
Lord Chancellor; Duke of Qweensberry; Earl of Argyll; Earl of Morton; Lord John Hamilton; Lord Ruthven; Sir James Ogilvie; Lord Advocat; Lord Hallcraig; Lord Fountainhall; Lord Anstruther; Laird of Pollock
1. NRS, PC2/26, 254v.
2. NRS, PC2/26, 254v.
1. NRS, PC2/26, 254v.
2. NRS, PC2/26, 254v.
D1696/8/2
D1696/8/21
Decreet
Lybell Alexander Black against Fergwson and uthers called and the persuar compeareing personallie with Sir Patrick Home his advocat and the defenders Compeareing also personallie except Anna Ogilvie for whom ther is a testificat prodwced And Sir James Stewart his majesties advocat and Mr Robert Forbes compeareing as Advocats for the haill defenders The lybell and ansuers therto being red And both pairties and ther Lawiers being fullie heard The Cownsell admitted the lybell to the persewars probatione except as to James Cheiftie whom the Counsell assoillzes in respect the persuar hes declaired at the barr that he never did sie the said James And the wittnesses cited being all called and non of them Compeareing The Lords of privie Counsell in the first place modifies the Sowme of Fourtie punds Scotts of expensses in a protestatione for not insisting obtained at the defenders instance against the persuar befor ther Lordships And decernes and ordaines the said Alexander Black persuar to make payment and Satisfactione to George Fergswone principall defender of the said Sowme of Fourtie punds Scotts befor any proceeding in this process And upon payment therof and prodwceing the Discharge to the clerks of Cownsell allowes Letters of furder dilligence to be direct at the persewars instance against the wittnesses alreadie cited untill the first day of november next to come and continwes all furder procedure in that proces till the foirsaid day And ordaines Letters of horning to be direct heiron for payment of the said Fourtie punds of expensses
1. NRS, PC2/26, 254r-254v.
1. NRS, PC2/26, 254r-254v.