Tag Archives: December

Sederunt, 24 December 1696, Edinburgh

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Att Edinburgh the twentie fourth Day of December Jaj vic nyntie six yeirs1

D1696/12/142

Sederunt

Lord Chancellor; Earl of Mellvill; Earl of Lauderdale; Earl of Leven; Earl of Forfar; Lord Yester; Lord John Hamilton; Lord Belhaven; Lord Carmichael; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Laird of Pollock; Laird of Blackbarrony; Laird of Cessnock; Proveist of Edinburgh

Att Edinburgh the twentie fourth Day of December Jaj vic nyntie six yeirs1

D1696/12/142

Sederunt

Lord Chancellor; Earl of Mellvill; Earl of Lauderdale; Earl of Leven; Earl of Forfar; Lord Yester; Lord John Hamilton; Lord Belhaven; Lord Carmichael; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Laird of Pollock; Laird of Blackbarrony; Laird of Cessnock; Proveist of Edinburgh

1. NRS, PC2/26, 316v.

2. NRS, PC2/26, 315v-316v.

1. NRS, PC2/26, 316v.

2. NRS, PC2/26, 315v-316v.

Decreet, 22 December 1696, Edinburgh

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Att Edinburgh the twentie second day of December Jaj vic nyntie six yeirs

D1696/12/131

Decreet

Decreit Cairnburrow and Caddell against Alexander

The bill of Suspensione at the instance of John Gordon of Cairnburrow and George Caddell of Asswinlie Against Mr Alexander, Alexander late parson of Glass with answers made therto by the said Mr Alexander Alexander charger being this day red in presence of the Lords of his majesties privie Counsell and they haveing considered the Same They heirby refwise the said bill of Suspensione And finds the Letters raised at the chargers instance against the Suspender orderlie proceeded And ordaines the Same to be putt to furder executione efter the forme and tenor therof

Att Edinburgh the twentie second day of December Jaj vic nyntie six yeirs

D1696/12/131

Decreet

Decreit Cairnburrow and Caddell against Alexander

The bill of Suspensione at the instance of John Gordon of Cairnburrow and George Caddell of Asswinlie Against Mr Alexander, Alexander late parson of Glass with answers made therto by the said Mr Alexander Alexander charger being this day red in presence of the Lords of his majesties privie Counsell and they haveing considered the Same They heirby refwise the said bill of Suspensione And finds the Letters raised at the chargers instance against the Suspender orderlie proceeded And ordaines the Same to be putt to furder executione efter the forme and tenor therof

1. NRS, PC2/26, 316v.

1. NRS, PC2/26, 316v.

Act, 22 December 1696, Edinburgh

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Att Edinburgh the twentie second day of December Jaj vic nyntie six yeirs

D1696/12/121

Act

Act Carnegie of Cookstowne

Anent the petitione given in to the Lords of his majesties privie Counsell be James Carnegie of Cookstowne Shewing that wher the petitioners father in anno Jaj vic Seventie thrie upon ane petitione founded on the Fourtie ane act of King Charles the Second his first Sessione of parliament intituled act for planting and incloseing of ground wherby power is given to heretors at the sight of Shirreffs Stewarts Lords of regalitie and others therin mentioned Conforme to ther respective Jurisdictiones to cast about high wayes to ther conveniencie provideing they doe not remove them above two Hundered ells Did obtaine ane Commissione from the Lords of his majesties privie Counsell to The Earles of Sowthesq and Eairlie The Lord Arbwthnet The Lairds of Eagle Balnamoon Innerearitie and Clava and to James Carnegie then Shirreff deput of Forfar or any thrie of them to meet and visite the Lands about the house of Cookstowne intended to be inclosed and the way passing ther through and to consider how the way might be conveinentlie removed such ane proportionall distance from the house of Cookstowne As the act of parliament allowes and to make report Be vertwe wherof The Earle of Southesq The Lairds of Eagle and Ballnamoon and James Carnegie Shirreff deput Did meet upon the foirsaid grownd and high way and efter visiteing the Samen and calling of all pairties haveing interest and find that the foirsaid grownd about the house of Cookstowne could not be inclosed and planted as was intented without removeing the high way And found the new way Designed to be granted not onlie to be within two hundered ells of the old way But to be farr dryer and nearer then the samen had bein Which report being made to and approven of by the Lords of his majesties privie Counsell They did grant ther warrand to the petitioners father to inclose the Lands lying about his house And to remove the old way conforme to the tenor of the report All which is verified and instructed by ther Commission And yet upon report therof therwith produced But John Carnegie his father never haveing prosecute this his designe And the petitioner intending imediatlie to inclose and plant the foirsaid grownd about his house of Cookstowne which can not be gotten Done But by removeing of the high way which Leads by his gate to the place formerlie designed And to the effect no person haveing interest may qwarrell his right in the prosecutione of the Samen as the said petitione bears The saids Lords of his majesties privie Counsell haveing considered the above petitione with the act of Counsell in the petitioners fathers name Dated the tenth of August Jaj vic seventie five mentioned therin and produced therwith They in the termes of the said former act in favours of the petitioners father Doe heirby give warrand to the petitioner as by the said former act is given to his father to inclose the Lands lying about his house And appoints the old way to be removed to the place designed and Specified in the said act and report wherupon the act proceeds the same being within two Hundereth ells of the said old high way conforme to the act of parliament forsaid

Att Edinburgh the twentie second day of December Jaj vic nyntie six yeirs

D1696/12/121

Act

Act Carnegie of Cookstowne

Anent the petitione given in to the Lords of his majesties privie Counsell be James Carnegie of Cookstowne Shewing that wher the petitioners father in anno Jaj vic Seventie thrie upon ane petitione founded on the Fourtie ane act of King Charles the Second his first Sessione of parliament intituled act for planting and incloseing of ground wherby power is given to heretors at the sight of Shirreffs Stewarts Lords of regalitie and others therin mentioned Conforme to ther respective Jurisdictiones to cast about high wayes to ther conveniencie provideing they doe not remove them above two Hundered ells Did obtaine ane Commissione from the Lords of his majesties privie Counsell to The Earles of Sowthesq and Eairlie The Lord Arbwthnet The Lairds of Eagle Balnamoon Innerearitie and Clava and to James Carnegie then Shirreff deput of Forfar or any thrie of them to meet and visite the Lands about the house of Cookstowne intended to be inclosed and the way passing ther through and to consider how the way might be conveinentlie removed such ane proportionall distance from the house of Cookstowne As the act of parliament allowes and to make report Be vertwe wherof The Earle of Southesq The Lairds of Eagle and Ballnamoon and James Carnegie Shirreff deput Did meet upon the foirsaid grownd and high way and efter visiteing the Samen and calling of all pairties haveing interest and find that the foirsaid grownd about the house of Cookstowne could not be inclosed and planted as was intented without removeing the high way And found the new way Designed to be granted not onlie to be within two hundered ells of the old way But to be farr dryer and nearer then the samen had bein Which report being made to and approven of by the Lords of his majesties privie Counsell They did grant ther warrand to the petitioners father to inclose the Lands lying about his house And to remove the old way conforme to the tenor of the report All which is verified and instructed by ther Commission And yet upon report therof therwith produced But John Carnegie his father never haveing prosecute this his designe And the petitioner intending imediatlie to inclose and plant the foirsaid grownd about his house of Cookstowne which can not be gotten Done But by removeing of the high way which Leads by his gate to the place formerlie designed And to the effect no person haveing interest may qwarrell his right in the prosecutione of the Samen as the said petitione bears The saids Lords of his majesties privie Counsell haveing considered the above petitione with the act of Counsell in the petitioners fathers name Dated the tenth of August Jaj vic seventie five mentioned therin and produced therwith They in the termes of the said former act in favours of the petitioners father Doe heirby give warrand to the petitioner as by the said former act is given to his father to inclose the Lands lying about his house And appoints the old way to be removed to the place designed and Specified in the said act and report wherupon the act proceeds the same being within two Hundereth ells of the said old high way conforme to the act of parliament forsaid

1. NRS, PC2/26, 315v-316v.

1. NRS, PC2/26, 315v-316v.

Act, 22 December 1696, Edinburgh

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Att Edinburgh the twentie second day of December Jaj vic nyntie six yeirs

D1696/12/111

Act

Act Porteous and Ainslie

Anent the petitione given in to the Lords of his majesties privie Counsell be Thomas Porteows Late proveist and Robert Ainslie Late baillie in Jedburgh Shewing That wher dearth and Scarcetie of victwall increasieing so much as this being done over and particularlie in the shyre of Tiviotdaill soe that the boll of meall is alreadie at twentie four pund that boll and bear wheat and ry at fourtein or fiftein pund that boll And it being evident through the badnes of the two Last cropts occasioned through great froasts excessive raines and stormes of snow so that in many places the cornes are neither cutt downe nor Led in nor is the Samen ripened nor fitt for any wse albeit it were cutt Downe and Led in that inevitable Scarecitie will enswe in that countrie many poor people and honest house holders being alreadie reduced to pinching straites and wants All which is too well knowen and felt by the whole Countrie and which may also consist with ther Lordships knowledge And therfore humblie craveing to the effect eftermentioned As the said petitione bears Which being this day red and considered be the saids Lords of privie Counsell They heirby grant warrant to the petitioners to import over Land such qwantities of victwall into this Kingdome from England as they Shall think fitt and discharges any cwstome or dwetie whatsomever to be exacted therfor And declaires that if any of the said victwall to be imported by them Shall be imported by Sea the same shall be seased upon and confiscat for the wse of the poor wnles it can be made appeare that the victwall imported by sea was bought and payed for by the prodwct of this kingdome And not by transporting and conveying money out of the Kingdome for the Same

Att Edinburgh the twentie second day of December Jaj vic nyntie six yeirs

D1696/12/111

Act

Act Porteous and Ainslie

Anent the petitione given in to the Lords of his majesties privie Counsell be Thomas Porteows Late proveist and Robert Ainslie Late baillie in Jedburgh Shewing That wher dearth and Scarcetie of victwall increasieing so much as this being done over and particularlie in the shyre of Tiviotdaill soe that the boll of meall is alreadie at twentie four pund that boll and bear wheat and ry at fourtein or fiftein pund that boll And it being evident through the badnes of the two Last cropts occasioned through great froasts excessive raines and stormes of snow so that in many places the cornes are neither cutt downe nor Led in nor is the Samen ripened nor fitt for any wse albeit it were cutt Downe and Led in that inevitable Scarecitie will enswe in that countrie many poor people and honest house holders being alreadie reduced to pinching straites and wants All which is too well knowen and felt by the whole Countrie and which may also consist with ther Lordships knowledge And therfore humblie craveing to the effect eftermentioned As the said petitione bears Which being this day red and considered be the saids Lords of privie Counsell They heirby grant warrant to the petitioners to import over Land such qwantities of victwall into this Kingdome from England as they Shall think fitt and discharges any cwstome or dwetie whatsomever to be exacted therfor And declaires that if any of the said victwall to be imported by them Shall be imported by Sea the same shall be seased upon and confiscat for the wse of the poor wnles it can be made appeare that the victwall imported by sea was bought and payed for by the prodwct of this kingdome And not by transporting and conveying money out of the Kingdome for the Same

1. NRS, PC2/26, 315r-315v.

1. NRS, PC2/26, 315r-315v.

Sederunt, 22 December 1696, Edinburgh

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Att Edinburgh the twentie second day of December Jaj vic nyntie six yeirs1

D1696/12/102

Sederunt

Lord Chancellor; Earl of Mellvill; Earl of Morton; Earl of Lauderdale; Earl of Leven; Earl of Forfar; Lord Yester; Lord John Hamilton; Lord Carmichael; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Rankeillor; Laird of Pollock; Laird of Blackbarrony; Laird of Ballhousie; Lord Proveist of Edinburgh

Att Edinburgh the twentie second day of December Jaj vic nyntie six yeirs1

D1696/12/102

Sederunt

Lord Chancellor; Earl of Mellvill; Earl of Morton; Earl of Lauderdale; Earl of Leven; Earl of Forfar; Lord Yester; Lord John Hamilton; Lord Carmichael; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Rankeillor; Laird of Pollock; Laird of Blackbarrony; Laird of Ballhousie; Lord Proveist of Edinburgh

1. NRS, PC2/26, 315r.

2. NRS, PC2/26, 315r.

1. NRS, PC2/26, 315r.

2. NRS, PC2/26, 315r.

Procedure: petition, 17 December 1696, Edinburgh

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Att Edinburgh the seventyne day of December Jaj vic nyntie six yeirs

D1696/12/91

Procedure: petition

Anent Leivtenent Cashets petitione

Petitione the freinds of the deceast Ensigne Skein craveing his majesties remissioen to Leivetenent Cashet for killing the said Ensigne may be Stopt Read And appoints Sir Gilbert Eliot ane of ther Lordships clerks to speake with the same Leivetenent Casset who is presentlie prisoner in the tollbwith of the Cannogate and to sie if he will give bond and inact himself in the books of privie Counsell that he shall depairt furth of this kingdome so soon as his remissione is past and never Returne within the Same and to take such a bond or inactment from the Leivetennent if he will grant the same And to report ane ansuer to the exchequer when they sitt the morrow in the afternoon

Att Edinburgh the seventyne day of December Jaj vic nyntie six yeirs

D1696/12/91

Procedure: petition

Anent Leivtenent Cashets petitione

Petitione the freinds of the deceast Ensigne Skein craveing his majesties remissioen to Leivetenent Cashet for killing the said Ensigne may be Stopt Read And appoints Sir Gilbert Eliot ane of ther Lordships clerks to speake with the same Leivetenent Casset who is presentlie prisoner in the tollbwith of the Cannogate and to sie if he will give bond and inact himself in the books of privie Counsell that he shall depairt furth of this kingdome so soon as his remissione is past and never Returne within the Same and to take such a bond or inactment from the Leivetennent if he will grant the same And to report ane ansuer to the exchequer when they sitt the morrow in the afternoon

1. NRS, PC2/26, 314v.

1. NRS, PC2/26, 314v.

Sederunt, 17 December 1696, Edinburgh

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Att Edinburgh the seventyne day of December Jaj vic nyntie six yeirs1

D1696/12/82

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Morton; Earl of Lauderdale; Earl of Leven; Earl of Forfar; Lord Yester; Lord John Hamilton; Lord Belhaven; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Fountainhall; Lord Anstruther; Laird of Pollock; Laird of Blackbarrony; Laird of Stevenson; Laird of Cessnock; Laird of Ballhousie

Att Edinburgh the seventyne day of December Jaj vic nyntie six yeirs1

D1696/12/82

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Morton; Earl of Lauderdale; Earl of Leven; Earl of Forfar; Lord Yester; Lord John Hamilton; Lord Belhaven; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Fountainhall; Lord Anstruther; Laird of Pollock; Laird of Blackbarrony; Laird of Stevenson; Laird of Cessnock; Laird of Ballhousie

1. NRS, PC2/26, 314v.

2. NRS, PC2/26, 314v.

1. NRS, PC2/26, 314v.

2. NRS, PC2/26, 314v.

Judicial Proceeding, 10 December 1696, Edinburgh

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Att Edinburgh the tenth of December Jaj vic nyntie six yeirs

D1696/12/71

Judicial Proceeding

Discharge of Suspensione Aberlady against Fletchers

Bill of Suspensione […] Fletcher of Aberladie Against Beatrix and Mary Fletchers and ansuers made therto being read and considered The Lords of his majesties privie Counsell doe heirby refwse the said bill of Suspensione and discharges any new bill to be offered of the above charge with certifications the saids Lords will modifie Lairge expensses if any such bill Should be offered

Att Edinburgh the tenth of December Jaj vic nyntie six yeirs

D1696/12/71

Judicial Proceeding

Discharge of Suspensione Aberlady against Fletchers

Bill of Suspensione […] Fletcher of Aberladie Against Beatrix and Mary Fletchers and ansuers made therto being read and considered The Lords of his majesties privie Counsell doe heirby refwse the said bill of Suspensione and discharges any new bill to be offered of the above charge with certifications the saids Lords will modifie Lairge expensses if any such bill Should be offered

1. NRS, PC2/26, 314v.

1. NRS, PC2/26, 314v.

Sederunt, 10 December 1696, Edinburgh

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Att Edinburgh the tenth of December Jaj vic nyntie six yeirs1

D1696/12/62

Sederunt

Lord Chancellor; Duke of Qweensberry; Earl of Argyll; Earl of Morton; Earl of Lauderdale; Earl of Leven; Earl of Selkirk; Earl of Forfar; Lord Yester; Lord John Hamilton; Lord Belhaven; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Justice clerk; Lord Philliphaugh; Lord Hallcraig; Lord Rankeillor; Laird of Pollock; Laird of Blackbarrony; Laird of Stevensone; Proveist of Edinburgh

Att Edinburgh the tenth of December Jaj vic nyntie six yeirs1

D1696/12/62

Sederunt

Lord Chancellor; Duke of Qweensberry; Earl of Argyll; Earl of Morton; Earl of Lauderdale; Earl of Leven; Earl of Selkirk; Earl of Forfar; Lord Yester; Lord John Hamilton; Lord Belhaven; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Justice clerk; Lord Philliphaugh; Lord Hallcraig; Lord Rankeillor; Laird of Pollock; Laird of Blackbarrony; Laird of Stevensone; Proveist of Edinburgh

1. NRS, PC2/26, 314r.

2. NRS, PC2/26, 314r.

1. NRS, PC2/26, 314r.

2. NRS, PC2/26, 314r.

Act, 3 December 1696, Edinburgh

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Att Edinburgh the third day of December Jaj vic nyntie six yeirs

D1696/12/51

Act

Act Sinclair of Asserie anent executiones

Anent the petitione given in to the Lords of his majesties privie Counsell be George Sinclair of Assarie Shewing That in the actione of contraventione persewed befor ther Lordships at the petitioners instance against John Sinclair of Brymes Patrick Sinclair messenger maleversed in executeing of the saids Letters so that the petitioners witnesses was not examined nor the pairties mainlie complained upon Comitters and actors of the deeds of contravention Compeared not Wherby Assarie was ordained to pay Brymes wittnesses expenss who all deponed in his favoures contrair to the trwth And Assarie haveing cited the said partiall messenger before the Lord Lyons court for the said maleverse cannot prove the samen withot the process be sein and Lent owt to the lyon clerk to be considered by the Lord Lyons court exactlie that the trwth of the messengers maleverse may appeare and be fullie knowen and Assarie therby greatlie damnified and prejudged may be in eqwitie repaired according to Justice And therfor humblie craveing to the effect eftermentioned As the said petitione bears Which being this day red and considered be the saids Lords of privie Counsell They heirby allow the clerks of Counsell to Lend out to the Lyon clerk any coppies or executiones which are in the two within process submitted or beareing to be submitted to the above Patrick Sinclair messenger or any other pairt of the process which may instruct the said Patrick Sinclair his maleversatione

Att Edinburgh the third day of December Jaj vic nyntie six yeirs

D1696/12/51

Act

Act Sinclair of Asserie anent executiones

Anent the petitione given in to the Lords of his majesties privie Counsell be George Sinclair of Assarie Shewing That in the actione of contraventione persewed befor ther Lordships at the petitioners instance against John Sinclair of Brymes Patrick Sinclair messenger maleversed in executeing of the saids Letters so that the petitioners witnesses was not examined nor the pairties mainlie complained upon Comitters and actors of the deeds of contravention Compeared not Wherby Assarie was ordained to pay Brymes wittnesses expenss who all deponed in his favoures contrair to the trwth And Assarie haveing cited the said partiall messenger before the Lord Lyons court for the said maleverse cannot prove the samen withot the process be sein and Lent owt to the lyon clerk to be considered by the Lord Lyons court exactlie that the trwth of the messengers maleverse may appeare and be fullie knowen and Assarie therby greatlie damnified and prejudged may be in eqwitie repaired according to Justice And therfor humblie craveing to the effect eftermentioned As the said petitione bears Which being this day red and considered be the saids Lords of privie Counsell They heirby allow the clerks of Counsell to Lend out to the Lyon clerk any coppies or executiones which are in the two within process submitted or beareing to be submitted to the above Patrick Sinclair messenger or any other pairt of the process which may instruct the said Patrick Sinclair his maleversatione

1. NRS, PC2/26, 314r.

1. NRS, PC2/26, 314r.