D1694/12/33
D1694/12/332
Sederunt
Earl of Southerland; Earl of Cassills; Earl of Leven; Earl of Anandale preces; Earl of Forfar; Earl of Broadalbine; Viscount Tarbet; Lord Raith T: dpt; Lord Carmicheall; Lord Justice Clerk; Lord Hatton; Mr Fr: Mongomry; Laird of Grant; Sir John Hall
1. NRS, PC2/25, 122v.
2. NRS, PC2/25, 122v.
1. NRS, PC2/25, 122v.
2. NRS, PC2/25, 122v.
D1694/12/32
D1694/12/321
Procedure
Petitione William Primross Complaining he is seased Read and the saids Lords of his majesties privy Councill Allowed Captain Kerr to see and answer the same, And Recommends to the Earle of Lothian to hear both parties and to doe and determine in the matter as he shall find Just
1. NRS, PC2/25, 122r.
1. NRS, PC2/25, 122r.
D1694/12/31
D1694/12/311
Warrant
The Lords of ther majesties privy Councill being informed that upon Committing a murder at or about Dunbar, The murderer being apprehended was Comitted prisoner within the Tolbooth of Dunbar But has since Escaped out of prison and ther is ground to suspect that the Murderers father has had accession to his escape or knowes quher he is, and will not reveall the same And that he is upon this accompt Comitted prisoner to the said Tolbooth The saids Lords doe heirby Give order and warrand to the magistrats of Edinburgh keeper of their Tolbooth to keep and detaine the murderers father prisoner therin till furder order of Councill And in the mean time Recomends to ther Majesties advocat to gett farder informatione of this matter And Report the same to the Councill that they may give furder orders theranent.
1. NRS, PC2/25, 121v-122r.
1. NRS, PC2/25, 121v-122r.
D1694/12/30
D1694/12/301
Act
Anent a Petition given In to the Lords of ther majesties privy Councill be Mr David Fergusone wryter in Edinburgh Shewing That the petitioner being Imployed by the Creditors of William Rait of Halgreen to Cary one the ranking depending amongst them before the Lords of sessione and to procure a factor to be nominat by their Lordships for uplifting the rents in the mean time, and accordingly George Mckenzie being nominat, He did by vertue of his Comissione enter to the posessione of the estate for the behoove of the Creditors by holding of Cautioners and Decerning the tennents and uplifting the rents Lyke as the tenents before the nomination of the factor being Distressed by Halgreen and his Creditors they did suspend upon multiply poynding, notwithstanding of all quhich and that the suspensione was intimat to Halgreen himself yet he with severall others his accomplices haveing come to the ground of the Lands Beatten and abused the tennents and Caried away ther goods upon pretence of bygone rent The Creditors did againe Imploy the petitioner to pursue him before the saids Lords at the instance of the factor and tennents for the said ryot, and accordingly the letters being raised and execute to the twentie two day of november Last the dyet was continued for severall Councill dayes dureing which the Lybell was never Called all which time the tennents attended untill at Last Halgreen having obtained a protectione from the saids Lords for his Compeirance and the tennants being wearied through long attendance They went hom with a resolution to have returned this day But throw the badnes of the weather they have been detained Lykeas both the petitioner and they have been dayly threatned by Halgreen that he would kill them and particularly this day being the Eleventh day of December instant the petitioner being in the outter parliament house attending the petitioners Clients affairs The said William Rait without any maner of provocatione did fall upon the petitioner and not only threatned to beath him But alsoe actually Lay hands upon him by endeavoring to 2 the petitioner doune upon the Floor wherthrow the petitioner is extreamly prejudged in his heath being therby rendered incapable to goe about his affairs And Therfore Humbly Craving the saids Lords not only Continue the dyet of the Lybell against Halgreen untill Thursday nixt But alsoe to ordaine him to find Cautione to keep the petitioner haimles and skaithless and to punish him in what he has allready done at least to Grant warrand to the petitioner for citeing witnesses for proveing the beatting within the parliament house That so the petitioner may goe about his Clients affairs with safety of his persone as the petition bears The Lords of their Majesties privy Councill Having Considered this petitione given in to them be the above Mr David Fergusone Thay heirby Ordaine letters to be direct at the petitioners instance for citeing the Laird of Halgreen to answer to the petition against […] And Grants Warand for citeing of witnesses against that day, And in the mean time Discharges the Laird of Halgreen to disturb or molest the petitioner any maner of way as he will be answerable at his highest perill, And Grants personall protectione to the said Laird of Halgreen for the said haill day and Discharges messengers at armes or officers alse weell In burgh as Landward to put any letters of Caption or acts of Warding or other dilligence to executione against the persone of the said Rait of Halgreen dureing the said day for any Cause or occasione Excepting ther Majesties rents and publict dues.
1. NRS, PC2/25, 121r-121v.
2. The word ‘Execute’ scored out here.
1. NRS, PC2/25, 121r-121v.
2. The word ‘Execute’ scored out here.
D1694/12/29
D1694/12/291
Act
The Lords of their Majesties privy Councill haveing Considered a Report made to them be a Comittie of their oun number appointed for reviseing the accompts resting by ther majesties forces to the inhabitants of the burgh of Jedburgh with the instructiones and verificationes therof They Find that the first article of the said accompt stated upon Captaine Bennet of Grubits troop being thretie six punds Does exceid the rate allowed by the Councill and therfore they have restricted the Same to thretie punds being the rate allowed by the Councill And Finds that ther is ane article of twelue punds Fourtein shilling Stated as resting be the said Captaine Bennet his troop which belongs to Coll John Laneirs regiment and therfore they have deduced the same from Captaine Bennets troop and stated it upon Laniers regiment And the Committie finds the haill articles of the said accompt so restricted and rectified suficiently verified and proven be the recepts and be the report of the Commissioners of Supply within the shyre of Roxburgh bearing that the Land Lords and Creditors in the accompts Compeired before them and produced the particular tickets mentioned in the accompt and for farder verifieing of the accompt upon their great oathes Deponed that the haill soumes in the tickets and accompts are still resting and no part therof payed, which accompts tickets and report were produced to and Considered by the Committie and Finds that ther is still resting by the said Captaine Bennet of Grubits troop which is upon scots pay to the saids inhabitants of the burgh of Jedburgh the soume of ane Thousand thrie score and thrie punds sixtein shilling scots which the Committie Finds was all furnished preceiding the first day of February Jaj vjc nyntie one years and Finds the same is in the termes of the nynth act fourth sessione of this Current parliament dated the twentie day of may Jaj vjc nyntie thrie years Intituled act for polemoney and of the proclamation of Councill of the date the last day of Jully Jaj vjc nyntie four years years2 and Therfore It is the Committies opinion That the said soume of one Thousand Thriescore therie3 punds sixtein shilling scots is to be payed to the inhabitants of the said burgh of Jedburgh out of the said polemoney And that the saids inhabitants are to be recomended to the Lords Commissioners of their Majesties thesaury for payment of the same accordingly And the Comittie finds that ther is resting be the said Coll Lanier his regiment which was not upon scots pay to the saids inhabitants the soume of Thriescore seven punds scots furnished preceiding the said first of February Jaj vjc nyntie one years as the report it self at more length bears The saids Lords of their Majesties privy Councill Doe heirby approve of the said Report, And Recommends to the Lords Commissioners of ther Majesties thesaury to Cause payment be made to the inhabitants within the said toune of Jedburgh of the said soume of ane Thousand sixtie thrie punds sixtein shilling scots money resting to them by their majesties forces upon scots pay in the termes of the forsaid report.
1. NRS, PC2/25, 120r-120v.
2. Sic.
3. Sic.
1. NRS, PC2/25, 120r-120v.
2. Sic.
3. Sic.
D1694/12/28
D1694/12/281
Warrant
The Lords of their majesties privy Councill being informed that the day assigned for Collecting the Contributiones to be made for building a bridge over the watter Quich at the toune end of Kinross within the burgh of Edinburgh and its suburbs Comprehending the toune of Leith is now elapsed and that these Contributions are not yet made Therfore the saids Lords doe hereby appoint the thrid Lords day of February nixt to be the day for makeing the said Collection within the said toune of Edinburgh and its suburbs Comprehending the toune of Leith
1. NRS, PC2/25, 120r.
1. NRS, PC2/25, 120r.
D1694/12/27
D1694/12/272
Sederunt
Earl of Argyll; Earl of Southerland; Earl of Cassills; Earl of Leven; Earl of Annandale preses; Earl of Forfar; Viscount Tarbat; Lord Carmicheall; Lord Justice Clerk; Lord Hatton; Mr Fra: Montgomry
1. NRS, PC2/25, 119v.
2. NRS, PC2/25, 119v.
1. NRS, PC2/25, 119v.
2. NRS, PC2/25, 119v.
D1694/12/26
D1694/12/261
Warrant
Anent a Petition given in to the Lords of their Majesties privy Council Hellen Callender relict of the deceast John Carruthers of Halinayes John callander indwaller in Edinburgh Thomas Moffat in Daltoune John Kerr miller ther William Bell in Nithome David Kerr in Kirkwood Shewing That quher the petitioners being Charged be vertue of Laborrowes at the instance of George Carruthers of Holinayes and diverse others his freinds Off which charge the petitioners have presented a bill of suspensione to the saids Lords, and have therwith offered a bond of Cautionrie 2 wher in each of them are bound as Cautioners for others which is refused be the Clerks unles other suficient Caution be found as to which It is humbly represented to the saids Lords that this Laborrowes being ane act of pure malice especially against the said Hellen Callander whose ruine the Charges intend by all the means ther Malice can suggest haveing allready since her husbands decease september Last by force and violence stript her naked of all kynd of accomodatione and reduced her and her familly to such straits that they3 now wholly Live upon the Charity of her freends And Because the other petitioners in Simpathie with her (being ane Stranger among them) Contribute ther Small indeavors to keep her in these her extreamisie They have also include them and many others in this Laborrowes whom they have not yet Charged of purpose to Scarr and fright them from giveing her the least Aid or Subsistance all is done of purpose to make her Lyve uneasie and therby upon any termes they please to oblidge her to renunce any lyfrent provisions her husband was pleased to give her for the Mantinance of her and her Cheldrein which they intend to deprive her off, per fas aut ne fas and alse seing by reasone of the power and influence of the Chargers in the place the petitioners are able to find no letter Cautione And Therfore Humbly Craveing the saids Lords would be pleased to Consider the premisses and in respect that this is done rather out of malice then any prejudice the Chargers doe apprehend from the suspenders being all ther oun tennents except the said Hellen Callander and her father And that the petitioners are able to find no better Cautione Therfore ther Lordships would be pleased to ordaine the suspension to be exped upon the Cautione offered, as the petition bears The Lords of ther majesties privy Councill haveing Considered this petition given in to them be the above Hellen Callander John Callander Thomas Moffat John Ker William Bell and David Kerr They hereby Ordaine the Clerks of Councill to receive the petitioners as Cautioners each for others in the above suspension of Laborowes.
1. NRS, PC2/25, 119r-119v.
2. The word ‘quherof’ scored out here.
3. Insertion.
1. NRS, PC2/25, 119r-119v.
2. The word ‘quherof’ scored out here.
3. Insertion.
D1694/12/25
D1694/12/251
Act
Anent a petition given in to the Lords of ther majesties privy Councill be Agnes Davidson spouse to Mr James Shaw late minister Anwitch in the stewartry of Galloway Shewing That quher the petitioners husband having served the cure at the forsaid Church for the space of Twentie years and upwards and now the forsaid Church being vaccand (by the death of Mr Micheall Bruce late minister ther) for the years Jaj vjc nyntie thrie and nyntie four And seing that the patron of the said Church Sir Godfray McCulloch of Myretoune Is fugative and out of the kingdome these thrie years and upwards The stipend of the said Church these two years is not applyed for any pious use as yet It is therfore Craved that the saids Lords would take 2 to3 Consideration the afflicted case of the petitioner she being left with four small Childrein and haveing nothing to mantaine her self and poor Childrein but what is bestowed to her in Charity by good Christians And Therfore Humbly Craveing the saids Lords would allow the petitioner the forsaid two years vaccand stipends as the saids Lords have allowed to others formerly her husband being in the same Circumstances and allready having given obedience to Law as the petitione bears The Lords of ther majesties privy Councill having Considered this petition given in to them be the above Agnes Davidsone spouse to the above Mr James Shaw They hereby allow the petitioner the stipend of the above kirk of Anwitch for this present Cropt and year of God Jaj vjc nyntie four and Ordaines her to be readily answered obeyed payed therof be the heritors fewers wodsetters Lyfrentars fermorers titullars tacksmen of teynds tennets possessors and others Lyable in payment of the stipend of the said kirk And Ordaines letters of horning under the signet of Councill to be direct at her instance against them for said haill years stipend upon production of a decreet of Locallitie and in case ther be no Decret of Locallity Ordaines these Lyable to make4 payment to the petitioner of the said years stipend according as they shall be Decerned be the Judge ordinary.
1. NRS, PC2/25, 118v-119r.
2. The word ‘the’ scored out here.
3. Insertion.
4. Insertion.
1. NRS, PC2/25, 118v-119r.
2. The word ‘the’ scored out here.
3. Insertion.
4. Insertion.
D1694/12/24
D1694/12/241
Act
Anent a Petition given in to the Lords of ther Majesties privy Councill be Andrew Wood younger of Balbegno Shewing That quheras the petitioner being Conveened before the saids Lords at the instance of George Mackenzie in Stonhave[n] and severall of the tennents of Halgreen for ane alledged Ryot against them and in obedience to the Citatione he hade attended these four or five Councill dayes In order to have vindicat himself but the pursuers knowing they Could not prove nothing have deserted And seing the petitioner have been at vast expenses attending their dyet and in comeing above sixtie mylles and that this proces is raised out of meer malice against the petitioner in order to put him to needless expenses and trouble (which his present Circumstances is nowayes able to bear) And seing the Citation is peremptor and ought to be attended So, and yet non of them appearing these five Councill dayes by past to have proven their Lybell Conforme to Law, as also they have Maliciously and invertively raised letters of Laborrowes before the saids Lords against the petitioner on purpose utterly to ruine him for all quhich they have nothing to Law to his Charge bot that he endeavored to rescue the Laird of Halgreen from being barbarously murdered by those his oun tennants who conveened themselves numerously against him for that effect, By the instigatione of one Baillie Coutts in Montross who mostly Concernes himself in that Laborrowes without the least ground the petitioner being Conscious of his Innocencie and that ther cannot be the least probation of any thing Lybelled against him And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned The Lords of ther majesties privy Councill having Considered this petition given in to them be the above Androw Wood younger of Balbegno They hereby allow the above George Mckenzie and others persewers in the above process to see and answer the same and in the meantime Grants letters of Farder dilligence by Captions at the instance of the saids pursuers against the witnesses cited before the Councill upon the thrid Tuseday of Jannuary nixt And in the mean time allowed the petitioner to goe home till that day.
1. NRS, PC2/25, 118r-118v.
1. NRS, PC2/25, 118r-118v.