D1694/12/23
D1694/12/231
Procedure
The Lords of their Majesties privy Councill doe herby Declair any two of their number to be a suficient Committie for revising the accompts resting be ther Majesties forces to the Countrey, And Recomends to them to meett each wednesday and frayday at ten acloack in the forenoon.
1. NRS, PC2/25, 117v.
1. NRS, PC2/25, 117v.
D1694/12/22
D1694/12/221
Act
Anent a petition given in to the Lords of their majesties privy Councill be Mr Mongo Watsone moderator of the presbytrie of Hadingtoune and Mr William Russell minister at Morhame in name of the said presbytrie Shewing That quher the Church of Tranent within the said presbytrie having been vaccant of a long time The petitioners and remanent ministers of the said presbytrie having severall times be vertue of the saids Lords act dated the twelth day of Jully Jaj vjc nyntie years therwith produced Requyred that the keyes of the said Church might be delyvered to him to the effect the minister sent by them to supply the vaccancie might gett ready access to the Church and particularly upon the twelth day of October Jaj vjc nyntie thrie years Desyred the Beddell who Confessed his haveing of the keyes to Obtempor the said act which he refused upon pretence he was not therto warranted by these heritors who intrusted the keyes to him as ane instrument therwith produced bears, And seing it is a great Contempt of the saids Lords authoritie and a certaine evidence of disaffectione to the government alse weell as a discouragment to the minister sent by the presbytrie and their hearers That by the obstinacie of the heritors and others they are forced to preach in the Church yeard Especially in the winter season though frequently at the same time and upon the same Sabath the Church doors are made patent to other Ministers who have no title nor allowance of the presbytrie to preach ther nor have qualified themselves according to Law which may Likewayes occasione great annimosities and disturbance of the publict peace And Therfore Humbly Craveing the saids Lords would take the premisses to their serious Consideratione and to Give warrand and Order to the shiref of Haddingtoune or his depute to make the said Church doors patent and take off the old Locks and put on new ones and delyver the keyes therof to the presbytrie and to see that peace and good order be observed as the petition bears The Lords of their majesties privy Councill having Considered this petition given in to them be the above Mr Mongo Watsone and Mr William Russell with another petition be the above Sir John Ramsay They hereby give order and warrant to the shirreff principall of the shyre of Hadingtoune or his depute to make the said Church doors patent and take of the old Locks and put on new ones and delyver the keyes therof to the presbytrie and to see that peace and good order be observed.
1. NRS, PC2/25, 117r-117v.
1. NRS, PC2/25, 117r-117v.
D1694/12/21
D1694/12/211
Act
Anent a Petition given in to the Lords of their Majesties privy Councill be Robert Wilson merchant in Ranfrew Shewing That quher the petitioner and Hew Crafurd sone to Thomas Crafurd of Crafurdsburn having bought twentie nyne tuns of wyne equally betwixt the petitioners with a ship Called the Argyle of Glasgow for payment of a part quherof he drew bills upon his Corrospondents who were dead before they came to this kingdome and so were protested ther being no persone to answer them afterwards having safely arrived at Montross wher the petitioner was offered fiftie four punds sterling for each Tun of the wyne, But it being scarce in the kingdome the petitioner expected a greater pryce and upon that Consideration he sent ane express to the said Crawfurdsburne acquanting him with the petitioners arrivall and what was offered for the wyne, But he Contrare to his expectation being the petitioners near relatione to Circumveen and Cheat the petitioner desyred me not to sell it at such a rate but to move to Cockkenie or Prestonpans quher he would befreend me and gett a greater pryce for the petitioners wyne, And that with some Collour of Justice he might Cheat the petitioner he answered the petitioners bills and came to Cockkeny quher he taking advantage of the petitioners Circumstances haveing no freinds in the place and wanting money entered the petitioners goods and payed the Customes and without any Law on his side seased on the keyes of the kings workhouse and keeped the wynes so that the petitioner Lost his marcat for severall merchants in Edinburgh at the time offered fiftie punds sterling for each Tune of the said wyne, afterwards Crafurdsburne thinking he might incurr prejudice by this unlawfull procedure desyred the petitioner to make a right to Peetter Blair his agent which the petitioner did accordingly the petitioners Circumstances forceing the petitioner and he promissing all should be to the petitioners advantage Peetter Blair giveing the petitioner ane backbond to be comptable upon which ryt the said Crafurdsburne and Peetter Blair rouped the petitioners wyne at thretie one punds sterling per tun so that the petitioner lost 14 lbs money forsaid of each Tun and to Compleat his villany he sent away the ship as his oun without recuping it at all nor Compting to the petitioner upon the termes of his backbond Wherupon the petitioner protested for Coast skaith and damnadge And Therfore Humbly Craveing the saids Lords would be pleased to take the petitioners case into ther Consideratione who is rendared misserable by the said Crafurdsburnes violent and Illegall Intromission with the petitioners wyne and ship as said is and to ordaine him to make Just Compt and reckoning according to the backbond and to punish him for his Cheatry to the terror of others to Comitt the like As the petition bears The Lords of their majesties privy Councill having Considered this petition given in to them be the above Robert Wilsone and answers therto be Thomas Crafurd of Carsburne and both parties being Called and haveing Compeired They Comanded the petitioner to be Caried to the Tolbooth of Edinburgh ther to remaine prisoner till furder order of Councill In Respect of his indiscreet and Impertinent expressiones in the bill and Leaves him to pursue Carseburne according to the ordinary Course of Law.
1. NRS, PC2/25, 116r-117r.
1. NRS, PC2/25, 116r-117r.
D1694/12/20
D1694/12/201
Act
Anent a Petition given in to the Lords of their majesties privy Councill be John Earle of Brodalbine Shewing That quher about thretein or fourtein years agoe the petitioner bought from the deceast Sir James Campbell of Lawers the greatest part of his estate to the value of ane hundred thousand puns But tho the petitioner has payed the wholl punds yet by reasone of the perplexity of Sir James affairs he was necessitate to take from him and others who had apprysed the same such ane imperfect right and Conveyance as he was able to give for the time and have ever since waited untill Sir James should have in his oun time Cleared his bussines and Compleated the petitioners right but he being now deceased and no appearance of any to represent him, The petitioner is farder informed that some persones pretending to be freinds to the appearand air doe Resolve to take advantage of the Confussione wherin Lawers left his estate which they are the rather Imboldned to doe because they hope to have access to his Chartor Chist wher they may suppress and abstract wrytes at their pleasure, and seing that the petitioners Case doeth plainely merit the saids Lords Consideration and assistance and that it is ordinary for the saids Lords when persones dye without airs and that practises are 2 apprehended upon ther Chartor Chists and wrytes to the prejudice of Lawfull purchasers and Creditors to give sumar warrand to secure the said Chartor Chists and wrytes in whosoever hand they may be found untill that they be duely inspected at the sight of all parties having intrest before such as the saids Lords should appoint which in effect is no more then what the meanest Comissarie in Scotland may doe as to the moveable goods and wrytes of any person dyeing within his bounds And Therfore Humbly Craveing the saids Lords would be pleased to prevent the fraud which the petitioner hath so much just reason to suspect, and for the preserving the true intrest of all parties concernd without the least prejudice to any to give a sumer warrand for secureing the said Chartor Chist and wrytes that belonged to Sir James Campbell of Lawers in the hands of Mongo Campbell of Innirnbank Mr David Ramsay wryter Archibald Campell A wryter to Colline Campbell of Duncrusk or any other persone the petitioner shall Condescend upon and to Cause seall the same and put them in the Clerks hands and Furder because ther are violent suspitions that they who have no right or pretence of right have allready unwarrantably obstructed or medled he Lykwayes beseeched their Lordships that they may be examined theranent upon oath and that the petitioner may have Warrand to maccers etc. to cite such of them as are in Edinburgh upon twentie four hours and such as are in the Country upon what time their Lordships thought fitt for that effect as the petitione bears The Lords of their Majesties privy Councill having Considered the above petitione given in to them by the Earl of Brodalbine They hereby appoynt the Chartor Chist belonging to Sir James Campbell of Lawers To be sealled at the sight of one of the Lords of privy Councill if the same be within the toune of Edinburgh and if it be not within the same then at the sight of the shirref principall or his deputs of the shyre within which the same is, and being so sealled appoints the same to be transmitted to the hands of the Clerks of privy Councill therto remaine till furder order and allowes any person concerned to see and answer this petition as to the other points therin mentioned.
1. NRS, PC2/25, 115r-116r.
2. The word ‘appearand’ scored out here.
1. NRS, PC2/25, 115r-116r.
2. The word ‘appearand’ scored out here.
D1694/12/19
D1694/12/191
Act
Anent a Petition given in to the Lords of their Majesties privy Councill be Mr William Russell minister at Morhame Shewing That quher the petitioner upon ane unanimouse Call from the heritors elders and parishioners of the parish or Morhame dated the twentie Eight day of February Jaj vjc nyntie thrie years was upon the thrid of may therafter transported by the synod of Lothian and Twedale from Culter to Morhame wher the petitioner is present minister as his Calls and acts of transportatione therwith produced would testifie and albeit he was transported then, yet he was not admitted minister ther till the Eight of Jully therafter Wherby the petitioners has only right to the last half of the stipend Jaj vjc nyntie thrie the first half therof being vaccant and the petitioner having Likwayes a Call from the said parish of Morham dated the twentie fifth day of november Jaj vjc nyntie years as the said Call attested by a minister of the presbytrie of Hadingtoune Lykways therwith produced would testifie And the petitioner haveing upon the desyre of the presbytrie of Dalkeith preached within ther bounds about ane year and one half For which the said presbytrie did Recomend the petitioner to the saids Lords for ane vaccand stipend as ther recomendation of the Twelth of Jully Jaj vjc nyntie two Likewayes therwith produced would testifie and ther being ane wholl years vaccand stipend appointed allready by the saids Lords in favors of the heritors of the said paroch of Morhame for repairation of the kirk and manse And Therfore humbly Craveing the saids Lords would take the premisses to ther serious Consideration and in regaird that the petitioner hath been at Considerable paynes and express both this sessione and the last in pursueing ane modified stipend before the Commissione for plantatione of kirks and valuatione of teynds To allow unto the petitioner the forsaid first half years vaccand stipend Jaj vjc nyntie thrie of the parosh of Morhame, The air of the deceast Sir James Stanfeild being patron who in regaird of the incumberances upon his fathers Estate does not behave as air as the petition bears The Lords of their majesties privy Councill having Considered this petition given in to them be the above Mr William Russell with the writts mentioned therin and produced therwith They heirby allow the petitioner the stipend of the above kirk of Morhame for the first half of the Cropt and year of God Jaj vjc nyntie therie and ordaines him to be readily answered obeyed and payed therof be the heritors fewers wodsetters Lyfrenters tennents 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 against them for the said half years stipend according as the same shall be determined by the Judge ordinary In Respect he has instructed that he hath taken the oath of alledgance and assurance as minister of Culter before the Commissioners appoynted by the privy Councill for administratione of the same to all ministers preachers etc within the uperward of Clidsdale in Lanerkshyre.
1. NRS, PC2/25, 114r-115r.
1. NRS, PC2/25, 114r-115r.
D1694/12/18
D1694/12/182
Sederunt
Earl of Argyll; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Leven; Earl of Anandale preces; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Lord Yester; Lord Raith; Lord Ballhaven; Lord Carmicheall; Lord Polwarth; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; Laird of Grant; Laird of Blackbarony; Laird of Stivenson; Laird of Leyes; Sir John Hall
1. NRS, PC2/25, 114r.
2. NRS, PC2/25, 114r.
1. NRS, PC2/25, 114r.
2. NRS, PC2/25, 114r.
D1694/12/17
D1694/12/171
Decreet
The Lords of their majesties privy Councill having Considered a petition given in to them be Gardins of Ballimoir elder and younger and having Called in the petitioners Ballamoir elder upon his knees acknowledged his fault in withdrawing himself when the interloquitor was pronounced against him and Craved the Councills pardon, And Therfore the saids Lords Doe heirby recall that part of the interloquitor pronounced upon the threteinth day of December instant as to the one hundred punds Decerned against the petitioners for their alleadged Contempt and others to the first part of the said interloquitor Decerning and ordaining the saids Ballimoirs elder and younger Conjunctlie and severallie to make payment to him William2 Ewen one of the pursuers of the soume of ane hundreth punds of fyne for defraying the pursuers expenses in this proces And Ordaines the fyne to be instantly payed or the defenders to be Caried to prisone and Sir James Ogilvie having ingaged instantly to pay the fyne the defenders were dismissed from the barr And the saids Lords doe hereby Discharge and Recalls the former letters of denunciatione ordered against the defendars in this proces.
1. NRS, PC2/25, 113v-114r.
2. Insertion.
1. NRS, PC2/25, 113v-114r.
2. Insertion.
D1694/12/16
D1694/12/161
Procedure
Petition Hay of Ballhoussie Craving he may be Recommended to the kings Majestie for payment of arreirs due be the English forces to him Read and Recommended to their majesties advocat to prepar a letter from the Councill Recomending the petitioner to the king that his majestie may give such order in the matter as in his Royall wisdome he shall think fitt
1. NRS, PC2/25, 113v.
1. NRS, PC2/25, 113v.
D1694/12/15
D1694/12/152
Sederunt
Earl of Melvill p seall; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Leven; Earl of Anandale preces; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Lord Raith; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Fountonhall; Laird of Stivenson
1. NRS, PC2/25, 113v.
2. NRS, PC2/25, 113v.
1. NRS, PC2/25, 113v.
2. NRS, PC2/25, 113v.
D1694/12/14
D1694/12/141
Act
Anent a Petition given in to the Lords of their Majesties privy Councill be Mr John Dempster minister at Laing Shewing That wher the petitioner has served the cure at the said2 kirk these severall years bygone and in use to receive the stipands and emoluments due and payable to the ministers therof from those lyable in payment of the same without any stop or lett till of late that since the establishing of the government of the Church by presbytrie upon the petitioners not being assumed to the said Church government albeit the petitioner hath on all occasions obeyed the proclamationes emitted by the saids Lords and have Constantly prayed for ther Majesties as ane ample testificat under the hands of all the elders and parishioners within the said paroch that Could writt therewith produced would testifie and alse have qualified himself in Law by swearing and signeing the oath of alledgance and subscryving the assurance to their majesties and yet willing to be assumed to the said Church government the heritors and others Lyable in payment of the saids stipends these thrie or four years bypast refuse to make payment to the petitioners without he gett the saids Lords act and ordinance warranding them for payment therof therby the petitioner and his poor familly are brought to extream necessitie and poverty and will be rendered misserable unles the saids heritors and others forsaids Lyable in payment of the saids stipends to make payment to the petitioner therof prevent the same And Therfore humbly Craveing to the saids Lords to take the petitioners distrest Condition to ther Lordships serious Consideration and for preventing his extream miserie to ordaine the saids heritors and others Lyable in payment of the stipends parsonage and viccarage within the said parish to make payment to the petitioner and readily answer him therof for the years bygone resting owing and in time comeing dureing his service of the cureat the said kirk as the petitione bears The Lords of their majesties privy Councill having Considered this petition given in to them be the above Mr John Dempster with the testificat 3 mentioned therin and produced therwith They allow the petitioners to uplift the stipends of the above kirk of Larg for the time of his service as he has been in use formerly to uplift the same
1. NRS, PC2/25, 113r-113v.
2. Insertion.
3. The letters ‘produ’ scored out here.
1. NRS, PC2/25, 113r-113v.
2. Insertion.
3. The letters ‘produ’ scored out here.