D1695/12/44
D1695/12/442
Sederunt
Lord Chancellour; Duke of Qweensberry; Earl of Southerland; Earl of Mortowne; Earl of Breadalbin; Viscount Tarbat; Lord Pollwarth; Lord Justice Clerk; Lord Fowntainhall; Lord Anstruther; Mr Fra: Montgomrie; Laird of Stevensone; Sir Thomas Livingstoune; Sir Robert Cheisly; Proveist of Edinburgh
1. NRS, PC2/26, 69v.
2. NRS, PC2/26, 69v.
1. NRS, PC2/26, 69v.
2. NRS, PC2/26, 69v.
D1695/12/43
D1695/12/431
Act
Anent the petitione given in to the Lords of his majesties privie Councell be William Cwningham of Bowchan Shewing That wher John Din in Bwrnefoot of Bwchan Haveing bowght ane horse from ane Patrick Mcleglash in fair day light befor famows wittnesses And payed ane Just and adaqwite price therfore And the place he bought him at was at the Randfoord which by all Droves both upon the north and south hes bein Looked upon to have bein ane publict mercat place The Samen lyand So conveniently for both being neer Killsyth Which horse was in his hand for Severall Dayes wnqwestioned Yet notwithstanding therof ther being ane proces intented befor The Comissioners of Justiciary of the South and District Against the Said John Din and William Cwningham of Bwchan his maister for his interest at the instance of John and Donald Camerone in Camaroran in The Ranoch not only for restitutione of the said horse bought be John Din But for eightein more horses alleadged Stollen the tyme that this horse was alleadged to have bein taken away expensses in Damnadge The Said William Cwningham of Bwchan haveing taken great pains in Searching efter the person that were the Sellers of the horse to the man and haveing atlenth found him and comitted him to the prison of Down And ther he proved by wittnesses that the said Patrick Mcleglash prisoner was the seller of the horse to the said John Din his man And Walter and John Grahams and Archbald Mcnab with whom the said Mcleglash conversed both when he Sold the horse to Din in Goeing Sowth And Likewayes when he returned who were the only people that out hunded the persewers to putt the said John Din And his maister to this trouble And the said Mcleglash who was proven to have bein the sellar of the horse was imprisoned in the tollbwith of Pearth as ane comowne and notoriows theife who made his escape furth therof This actione being called Severall tymes befor the saids Commissioners of Justiciarie And Last of all at Dallhender the Sixth of September Jaj vic nyntie five They finding the cause intricat and the conseqwence Dangerous Seing Bwchan being ane Lawland Gentlemen and not in the caice of Highlanders They recomended to Leivetenent Collonell Erskein Governour of Stirleing castle ther proces to represent the cause to the Lords of his Majesties privie Councell that ther opinion might be had in the said mater And Seeing the court of Justiciary at Pearth have ordered that if this remitt be not Discust be the Saids Lords of privie Councell betuixt and Munday next They will then proceed Therfore beseeching the saids Lords of privie Counsell in the first place to Stopp the saids comissioners of Justiciarie ther procedour And in the next place to2 Declaire that if the saids persewers insist not against the said John Din on twesday next The Saids Lords of privie Counsell will assoillie the said John Din from any furder proces And accordingly to assoillzea As the said petitione Bears Which being this day red and considered be the saids Lords of privie Councell They heirby Stopp any furder procedure befor the comissionars of Justiciarie in the Said cause against the said John Din And the said William Cwningham his maister And Declaires that if the persewers of the said proces Doe not insist against the said John Din and the petitioner his maister befor the Lords of privie Counsell twesday next The Saids Lords of privie Counsell will discharge the said John Din of the forsaid proces Depending befor the Saids Commissioners And will Declaire him to be frie therfrae and from any other process to be intented against him or the said William Cwningham of Bwqwhan his maister befor any Judge whatsomever for the cryme forsaid for which he is persued befor the saids Commissioners
1. NRS, PC2/26, 68v-69v.
2. The phrase ‘Stopp ther procedure’ scored out here.
1. NRS, PC2/26, 68v-69v.
2. The phrase ‘Stopp ther procedure’ scored out here.
D1695/12/42
D1695/12/421
Warrant
The Lords of his majesties privie Councell Haveing considered the report of a comittie of ther own number Anent Irish and other forraigne Victuall They heirby approve therof And appoint These persones importers of Irish and other forraigne victuall who are most responsall And whose names are to be given in to the clerks of Councell Be David Crafurd of Drwmswie to be imediatly cited to appear befor the Saids Lords of privie Councell To ansuer for importing of the said forraigne victuall And to be pwnished according to Law And appointes the rest of the persones gwilty being numerows and worth neer the certificatione contained In Drwmswies Comissione To be persued befor the Shirreffs Stewarts or baillies of the Jurisdictione wher they Live To the effect ther fynes may be modified according to ther abilities Conforme to the informations to be given in Against them by the Said David Crafurd And Seeing that the Said David Crafurd of Drwmswie hes the one half of the saids fynes by his Comissione The Saids Lords appoint and ordaine him to be comptable to them for the other half therof And Seeing it is most probable that wnder the Shelter of meall ther may be other graines brought into this kingdome to the prejudice of the natione Therfor and in respect it is evident to the Comittie that he hath bein exact And dilligent in the Service The Saids Lords of privie Counsell Appoints his comissione to continwe And for Strenthening him therin Gives warrand to him to call for Souldiers for Secureing of the vessells wherin the victuall is imported with concurse allwayes of the magistrat or Judge upon the place And discharges All importers of forraigne meall to wnload any of ther meall untill the said David Crafurd or his Deputs Doe first Survey the vessells and Loading And as to the wheat Secured in Glasgow And baxters alleadged gwiltie of importing therof from Ireland The Saids Lords Have granted Comissione of this dayes date anent the same as the said David Crafurd Shall informe and prove And appoints him to remaine at Edinburgh and discharges him to remove therfrae untill he attend all the Dyets of Councell in the processes alreadie intented befor them against the importers of forraigne victuall And till these processes be finallie Determined And discussed
1. NRS, PC2/26, 67v-68v.
1. NRS, PC2/26, 67v-68v.
D1695/12/41
D1695/12/411
Warrant
The Lords of his majesties privie Councell 2 Doe heirby give order and warrand To the Governour of the garisone of Blacknes And the other forts of this kingdome And Likewayes to the magistrats of burghs and keepers of ther prisones to receave and Secure into the Saids Garrisones forts and prisones all Such men as the officers came from Flanders Shall legallie ingadge for his Majesties Service untill the tyme they be imbarqwed for Flanders The Saids officers allwayes giveing in Ane note to the governour of the Castle or keeper of the prisone as they are comitted of the offices name who took them on And the way and maner how they were ingadged in his majesties Service And Likewayes being lyable for the aliment of the persones so ingadged and imprisoned and makeing payment of the prisone Dues.
1. NRS, PC2/26, 67v.
2. The word ‘haveing’ scored out here.
1. NRS, PC2/26, 67v.
2. The word ‘haveing’ scored out here.
D1695/12/40
D1695/12/401
Act
The Lords of his majesties privie Councell Doe heirby authorize the Lists of the polemoney within the boundes for the Shyre of Fiffe To be made and taken up According to the old Valwatione of the Said Shyre And not according to the new valwatione therof Lately made And ordaines intimatione heirof to be made at the paroch churches within the said Shyre that all persones concerned may have tymeows notice heirof And allowes thir presents to be printed.
1. NRS, PC2/26, 67r-67v.
1. NRS, PC2/26, 67r-67v.
D1695/12/39
D1695/12/392
Sederunt
Lord Chancellour; Duke of Qweensberrie; Earl of Southerland; Lord Polwarth; Lord Advocat; Lord Justice clerk; Lord Anstruther; Laird of Blackbarrony; Sir George Campbell
1. NRS, PC2/26, 67r. Note unusual combination of two days in the record
2. NRS, PC2/26, 67r.
1. NRS, PC2/26, 67r. Note unusual combination of two days in the record
2. NRS, PC2/26, 67r.
D1695/12/38
D1695/12/381
Act
The Lords of his majesties privie Councell haveing considered a petitione given in to them be Mr David Ogilvie preacher of the Gospell at Aberbrothock with the writes mentioned in the said petitione and produced therwith They heirby allow to the said Mr David Ogilvie the Stipend of the said Kirk of Aberbrothock with the viccarage teinds belonging to the minister therof And that for the haill cropt and yeir of God Jaj vic nyntie five yeirs And ordaines him to be readiely ansuwered obeyed and payed therof by the heretors fewars wodsetters and wthers Lyable in payment therof And ordaines him to be readiely ansuered obeyed and payed therof by the heretors fewars wodsetters and uthers lyable in payment therof And ordaines Letters of Horning under the signet of privie Counsell to be direct against them for that effect The said Mr David Ogilvie produceing a decreit of Localitie And in caice ther be non ordaines these lyable to make payment to the said petitioner of ther respective proportiones of the said yeirs Stipend and viccaradge teinds belonging to the minister therof According as they shall be decerned be the judge ordinary.
1. NRS, PC2/26, 67r.
1. NRS, PC2/26, 67r.
D1695/12/37
D1695/12/371
Act
The Lords of his majesties privie Councell Haveing considered a petitione given in to them be Mr George Arnot Brother Jerman to The Laird of Woodmylne with the gift of the patron and consent mentioned in the said petitione And produced therwith They heirby The vacant Stipends of the kirk of Newburgh for the haile instant cropt and yeir of God Jaj vic nyntie five yeirs To be imployed for building of a manse to the minister of the said kirk And nominats And appoints the said Mr George Arnot to be factor for uplifting and ingathering of the Said Stiped And ordaines him to be readiely answuered obeyed and payed therof be the heretors fewars liferenters titulars tacksemen of teinds tenents possessors and uthers lyable in payment of the said yeirs Stipend In respect he hes found Sufficient cautione acted in the books of privie Councell that he shall imploy the said Stipend upon bwilding of the said Manse to the value of Twelve Hundereth merks Scotts money And ordaines Letters of horning under the Signet of Councill and others needfull to be direct heiron at the said Mr George Arnots instance Against The heretors and others forsaid lyable in payment of the said yeirs vacant Stipend upon productione of a decreit of Localitie And in caice ther be non ordaines the heretors and wthers foirsaids to make payment to the said Mr George Arnot of ther respective proportiones of the same According as they shall be decerned by the Judge ordinary
1. NRS, PC2/26, 66v.
1. NRS, PC2/26, 66v.
D1695/12/36
D1695/12/361
Act
Anent the petitione given in to the Lords of privie Councill be John Adair Geographer Shewing That The estates of parliament in ther late Sessione haveing bein pleased by ther act of the sixtein of Jully Last to Lay ane impositione upon Shipping for making of mapps and descriptions of the coasts and Islands of Scotland And now the petitioner haveing wyne sea mapps readie which with ther Descriptiones will compose the first pairt of the work And ther being only four of the saids mapps cutte The Soume of Two Hundereth punds Sterleing will be presently necessarie for cutting the other five bwying paper and printing them with ther descriptiones And seeing by the said act of parliament The Lords of privie Councell are to sie to the applyeing of the foirsaid impositione for that use In caice the said Soume be payed in to the petitioner befor the midle of January next he thereby obleidges himself to have the said first pairt printed and published by whittSounday next Therfore Desyreing the saids Lords of privie Councill to ordaine his majesties cashkeeper to call for the said soume from the collectors of his majesties customes and pay in the samen to the petitioner against the forsaid tyme As the said petitione bears Which being red and considered be the saids Lords of privie Councell with ane other be Captain John Slazer They heirby appoint George Baillie of Jarviswood generall receaver of his majesties crowne rents to call for and receave in from the collectors and tacksemen of his majesties customes and forraigne excyse the impositione Laid upon Shipping mentioned in the saids petitiones And ordaines these collectors to delyver and pay in the same to him And nominats and appoints The Lord Yeaster and The Laird of Blackbarronie to be a comittie of Councell for seing of the Said impositione applyed and proportioned in the termes of the act of parliament And ordaines Letters to be direct heiron at the instance of his majesties cashkeeper Against the collectors And tacksemen of his majesties cwstomes and forraigne excyse in forme as effeirs
1. NRS, PC2/26, 66r.
1. NRS, PC2/26, 66r.
D1695/12/35
D1695/12/351
Act
Anent the petitione given in to the Lords of his majesties privie Counsell be Mr George Dicksone of Bowghtrig Shewing That wher the Deceast William Johnstowne of Wamphray clameing interest in Severall Debts Due by the Deceast John Johnstowne of Wamphray father to Jennet Johnstowne now Lady Wamphray his only daughter and air with certaine blank assignationes therto and the said Lady alleadgeing the said debts were payed by her father and her own meanes And that therfor the assignationes therto can only import and have the effect of Dischargers The said papers were depositat by mutuall consent in the hands of the petitioner to the pairties should aither agrie or that it Should be Decyded by Law to whom the said writts belonged As the said Subscribed termes of positatione lying in the Lords of privie counsells clerks hands bears Notwithstanding wherof because the petitioner would not contrair to the trust reposed in him give up the saids papers to the said William Johnstowne he was influenced by Some who had more regard to ther own then to his well to give in a bill to the saids Lords of privie Councell upon most false and callummous pretences craveing the saids wrytes and any other writes pertaining to him in the petitioners custodie might be putt in the hands of the clerks Wherupon the saids Lords of privie Counsell without calling the petitioner Granted the desyre therof Wherupon John Hamilton baillie of the Abbay seased upon two cabinets pertaining to the petitioner which he keeps and detaines to this houre And Seing it is very prejudiciall to the petitioner that his own or his other clients papers Should be aither kept or exposed to the veiw of Strangers Therfor desyreing the Saids Lords of privie Councell to recomend to any of the Lords of the Sessione to reveiw the saids cabinets And dispose of any papers belonging to Wamphray as they Shall find Just and returne the petitioner his cabinets with Such papers as belong to himself or any other his clients And because his personall presence will be necessar at the Looking through the saids papers Humbly craveing that the saids Lords of privie Councell would grant and personall protectione till the first of november next to come And Sicklyke in and other petitione given in to the Saids Lords of privie Councell be Jennet Johnstone doughter and air to the deceast John Johnstowne of Wamphray2 and Robert Johnstowne her Sone procreat betuixt her and the deceast William Johnstowne of Wamphray Shewing That wher ther being severall papers pertaining to the petitioners and the said William Johnstowne in the custodie of Mr George Dicksone of Boughtrig the said William Johnstowne did apply to the Saids Lords of privie Councell And upon the nynth of March Last by past obtained a warrand to putt the saids writes in the hands of the clerks of privie Councell And therupon John Hamiltone baillie of the Abbay Seased upon the said Mr George his cabinets and keeps the Same Sealled in his custodie And the petitioners are informed that Mr William Johnstowne Sone to Westerraw and Mr James Nasemith clerk deput of Edinburgh have obtained a warrand to be present at the veiwing of the saids papers But therefter upon more mature deliberatione the said William Johnstowne ordained the Same to be putt in the hands of Mr John Frank then his ordinary Advocat as is evident by a consent under his hand and a Subscribed petitione for that effect now in the clerks hands Lykeas the tyme of the said William Johnstone his decease the said baillie by his own awthoritie Seased upon the said William Johnstoune his trunk wherin ther are severalls writes and he still keeps and Detains the Same And Seing Severall of the Saids writes pertaine properly to the said Jennet Johnstowne and wherin the said William Johnstowne had no interest but only Jure mariti which now ceases by his decease And that the said Robert Johnstowne is appeirand air to his said father hes good interest to have inspectione of any of them Longing to him to the effect he may advise whither he uill enter air or not And that ther is neither Law nor reasone that the petitioners papers Should be exposed to the veiw and perwseall of ther adversaries And that the Lords of Sessione are the only Judges competent to maters of Law and the questiones that may arise anent the right to the saids papers Therfor craveing the saids Lords of privie Councell to ordaine the said John Hamiltoune to give up the saids cabinets and trwnks to the said Mr John Frank the ordinary advocat who wes formerly agried to or to Mr Alexander Gibsone and of the clerks of Sessione To the effect Such of them as belong propperly to the petitioners may be delivered up to her And the said Robert Johnstowne may have inspectione of Such as pertaine propperly to him And to recomend to the Lords of Session to discuss questions that may arise theranent And discharges the said William Johnstowne or Mr James Nesmith or any other persone to have access to or inspectione of the saids writes otherwayes then ordinar proces that all pearties concerned may be heard As the saids petitioners bears The Lords of his majesties privie Councell haveing considered the petitione given in to them be Mr George Dicksone And ane other petitione for the Daughter and air of John of Wamphray and Robert Johnstoune her Sone with the ansuers made therto by the creditors of Wamphray They heirby ordaine the Cabinets trumps and papers mentioned in both petitiones to be exhibited and Delivered in to the hands of Mr Alexander Gibsone one of the clerks of Sessione to be made furthcomeing to all pairties haveing interest As accords And remitts to the Lords of Sessione to order inspectione and inventar to be made of the Same at sight of persones And in Such termes as they shall think fitt And to determine what of the saids papers Shall be delyvered to any pairties interest therin.
1. NRS, PC2/26, 64v-65v.
2. The letters ‘ph’ scored out in the middle of this word.
1. NRS, PC2/26, 64v-65v.
2. The letters ‘ph’ scored out in the middle of this word.