Tag Archives: December

Act, 13 December 1694, Edinburgh

Posted on by

Edinburgh The Threteinth day of December Jaj vjc nyntie Four years

D1694/12/131

Act

Act Upon the Toune of Newburghs petition

Anent the petition given in to the Lords of their Majesties privy Councill be present baillies and Councill of the Burgh of Newburgh and heritors within the paroch Shewing That wher upon a petition given in to the saids Lords in september Jaj vjc nyntie two by the petitioners with Consent of the patron, The saids Lords were pleased Conforme to the act of parliament to appoint Mr David Orem factor for uplifting the haill bygone stipends of the parish kirk of Newburgh from the terme of mertimiss Jaj vjc Eightie nyne for building of a manse Repairing of the kirk and dykes therof and building of a schooll house in the said paroch of Newburgh Conforme wherinto the said Mr David Orem entered to the uplifting of the said vaccants stipends and begann to apply the samen Conforme to the saids Lords appointment yet therafter in February last bypast by Collusion betwixt the said factor and George Lundie of Drums ther is a petitione given in Craving that Mr David Orem might be discharged to intromitt furder with the said vaccant stipends or to apply any more of what he hade uplifted to the pious uses forsaids, But to make Compt and payment therof to Anna Lundie daughter to the said George, And Likewayes Craveing the saids Lords would order the stipend of the said parish kirk for the year Jaj vjc nyntie four to be payed to the said George Lundie for the use of his daughter, And seing ther was a right accquyred to the petitioner to the stipend Conform to the act of parliament by the saids Lords delyverance on a petition in september Jaj vjc nyntie two years and any posterior delyverance In prejudice therof surreptitiously obtained upon misrepresentiones In so farr as the delyverance upon the petition in February Jaj vjc nyntie 2 four Is alledged to have been upon Consent of the toune Councill of Newburgh which was never obtained or they ever so much as acquainted with or allowed to be heard in the said petition as ane Declaratione Under their hand therwith produced would testifie Secundo no vaccant Stipends were ever disposed of by the saids Lords to any deprived ministers Unles they would take the oath of alledgance Conforme to ane express act of the saids Lords theranent, which this Mr Grant Anna Lundies husband was so farr from doeing That he stands Declaired Fugitive upon two severall processes before the saids Lords for his Contempt and Disobedience to the government Tertio It would suficiently evince the trick of Collusione of this petition That the same is given in be George Lundie in name of his daughter as if she hade been a relict of a minister wheras her husband Grant is still allyve and persisting in his contempt to the Lawes and Government Quarto the stipend Jaj vjc nyntie four is disposed of and lifted by the saids Lords in February Jaj vjc nyntie four which was before the ground was sowen, and so long befor any part of the stipend Could be due which was done and Contrived of purpose to obstruct and discourage the Calling of a minister , and therby keept the Church vaccant and the paroch destitute of all the ordinances of the Gospell And Therfore Humbly Craveing the saids Lords In Consideration of the premisses and that their petition in September Jaj vjc nyntie two was Founded upon the express consent of the patron and heritor as the samen Lying in the Clerks hands would evince To Recall and discharge the act in favors of the said George Lundie and to Ordaine the said Mr David Orem to Compt to the petitioners and the factor to be appointed by them for what he hath not payed to the said Anna Lundie of the soumes uplifted by him by vertue of the said former act in the petitioners favors and in Lew and plaice of what he has disposed of the said vaccant stipend, That the saids Lords would be Graciously pleased To Grant the vaccant stipend for the Cropts Jaj vjc nyntie thrie and Jaj vjc nyntie four years, And ordain the heritors and others Lyable in payment therof To make payment to the petitioners or the factor to be appointed be the petitioners for uplifting the samen upon his finding suficient Caution To apply and Imploy the Same to the pious uses abovementioned, And upon the releiff and supply off the manifold poor of the petitioners paroch who dayly increase by the want of Charity They would have hade the benefite off if the Church hade been plainted as the petition bears The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above baillies and Councill of the burgh of Newburgh and parish therof with the answers therto for Anna Lundie and her 3 Cheldrein with the writtes produced therwith They heirby refuse the desyre of the petition And adheres to the Last act of Councill In favors of the said Anna Lundie and her Cheldrein.

Edinburgh The Threteinth day of December Jaj vjc nyntie Four years

D1694/12/131

Act

Act Upon the Toune of Newburghs petition

Anent the petition given in to the Lords of their Majesties privy Councill be present baillies and Councill of the Burgh of Newburgh and heritors within the paroch Shewing That wher upon a petition given in to the saids Lords in september Jaj vjc nyntie two by the petitioners with Consent of the patron, The saids Lords were pleased Conforme to the act of parliament to appoint Mr David Orem factor for uplifting the haill bygone stipends of the parish kirk of Newburgh from the terme of mertimiss Jaj vjc Eightie nyne for building of a manse Repairing of the kirk and dykes therof and building of a schooll house in the said paroch of Newburgh Conforme wherinto the said Mr David Orem entered to the uplifting of the said vaccants stipends and begann to apply the samen Conforme to the saids Lords appointment yet therafter in February last bypast by Collusion betwixt the said factor and George Lundie of Drums ther is a petitione given in Craving that Mr David Orem might be discharged to intromitt furder with the said vaccant stipends or to apply any more of what he hade uplifted to the pious uses forsaids, But to make Compt and payment therof to Anna Lundie daughter to the said George, And Likewayes Craveing the saids Lords would order the stipend of the said parish kirk for the year Jaj vjc nyntie four to be payed to the said George Lundie for the use of his daughter, And seing ther was a right accquyred to the petitioner to the stipend Conform to the act of parliament by the saids Lords delyverance on a petition in september Jaj vjc nyntie two years and any posterior delyverance In prejudice therof surreptitiously obtained upon misrepresentiones In so farr as the delyverance upon the petition in February Jaj vjc nyntie 2 four Is alledged to have been upon Consent of the toune Councill of Newburgh which was never obtained or they ever so much as acquainted with or allowed to be heard in the said petition as ane Declaratione Under their hand therwith produced would testifie Secundo no vaccant Stipends were ever disposed of by the saids Lords to any deprived ministers Unles they would take the oath of alledgance Conforme to ane express act of the saids Lords theranent, which this Mr Grant Anna Lundies husband was so farr from doeing That he stands Declaired Fugitive upon two severall processes before the saids Lords for his Contempt and Disobedience to the government Tertio It would suficiently evince the trick of Collusione of this petition That the same is given in be George Lundie in name of his daughter as if she hade been a relict of a minister wheras her husband Grant is still allyve and persisting in his contempt to the Lawes and Government Quarto the stipend Jaj vjc nyntie four is disposed of and lifted by the saids Lords in February Jaj vjc nyntie four which was before the ground was sowen, and so long befor any part of the stipend Could be due which was done and Contrived of purpose to obstruct and discourage the Calling of a minister , and therby keept the Church vaccant and the paroch destitute of all the ordinances of the Gospell And Therfore Humbly Craveing the saids Lords In Consideration of the premisses and that their petition in September Jaj vjc nyntie two was Founded upon the express consent of the patron and heritor as the samen Lying in the Clerks hands would evince To Recall and discharge the act in favors of the said George Lundie and to Ordaine the said Mr David Orem to Compt to the petitioners and the factor to be appointed by them for what he hath not payed to the said Anna Lundie of the soumes uplifted by him by vertue of the said former act in the petitioners favors and in Lew and plaice of what he has disposed of the said vaccant stipend, That the saids Lords would be Graciously pleased To Grant the vaccant stipend for the Cropts Jaj vjc nyntie thrie and Jaj vjc nyntie four years, And ordain the heritors and others Lyable in payment therof To make payment to the petitioners or the factor to be appointed be the petitioners for uplifting the samen upon his finding suficient Caution To apply and Imploy the Same to the pious uses abovementioned, And upon the releiff and supply off the manifold poor of the petitioners paroch who dayly increase by the want of Charity They would have hade the benefite off if the Church hade been plainted as the petition bears The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above baillies and Councill of the burgh of Newburgh and parish therof with the answers therto for Anna Lundie and her 3 Cheldrein with the writtes produced therwith They heirby refuse the desyre of the petition And adheres to the Last act of Councill In favors of the said Anna Lundie and her Cheldrein.

1. NRS, PC2/25, 111v-112v.

2. The word ‘five’ scored out here.

3. The word ‘husband’ scored out here.

1. NRS, PC2/25, 111v-112v.

2. The word ‘five’ scored out here.

3. The word ‘husband’ scored out here.

Act, 13 December 1694, Edinburgh

Posted on by

Edinburgh The Threteinth day of December Jaj vjc nyntie Four years

D1694/12/121

Act

Act The Relict and Childrein of Sir James Grant

Anent a Petition given in to the Lords of their Majesties privy Councill be Dame Agnes Scot relict of the deceast Sir James Grant of Dalvey for her self and her thrie daughters Shewing That wher the said Sir James Grant departed this life at Bruchtie on his way to Edinburgh and leaving the petitioner and her thrie daughters without any certaine knowledge of her right and intrest in his means and estate and his haill papers bonds rights and securities being in his Cabinat or box made of purpose for holding of wrytes standing in his Lodging in Edinburgh, and the said Sir James haveing only One brother who at present is in Ireland But uncertaine whither dead or alyve, And that it will be of great prejudice to the petitioner and Childreen to be at uncertainty of their oun right and intrest untill that brother of Sir James be inquyred after and returned to this kingdome And Therfore Craveing the saids Lords would allow to the petitioners or any they should appoint for them to have inspectione and make inventar of the forsaid wrytes at the sight of any of the saids Lords number who should be at the trouble or at sight of any of the magistrats of Edinburgh or shirreff deputs of the shyre therof as the saids Lords Should appoint with any of the Clerks of Councill Or their Servants to attend them as the petition bears The Lords of their Majesties privy Councill having Considered this petition given in to them be the above relict and Cheldrein of Sir James Grant They heirby allow the petitioner or any whom they shall appoint for them, To have inspection of the defuncts oun privat writtes and Securities and to make Inventar of the same at the sight of the Lord Justice Clerk To whom the Councill Recomends to be present at the Sighting and Inventaring of the saids wrytes and securities, and appoints the Clerks of privy Councill or their servant to attend the Lord Justice Clerk.

Edinburgh The Threteinth day of December Jaj vjc nyntie Four years

D1694/12/121

Act

Act The Relict and Childrein of Sir James Grant

Anent a Petition given in to the Lords of their Majesties privy Councill be Dame Agnes Scot relict of the deceast Sir James Grant of Dalvey for her self and her thrie daughters Shewing That wher the said Sir James Grant departed this life at Bruchtie on his way to Edinburgh and leaving the petitioner and her thrie daughters without any certaine knowledge of her right and intrest in his means and estate and his haill papers bonds rights and securities being in his Cabinat or box made of purpose for holding of wrytes standing in his Lodging in Edinburgh, and the said Sir James haveing only One brother who at present is in Ireland But uncertaine whither dead or alyve, And that it will be of great prejudice to the petitioner and Childreen to be at uncertainty of their oun right and intrest untill that brother of Sir James be inquyred after and returned to this kingdome And Therfore Craveing the saids Lords would allow to the petitioners or any they should appoint for them to have inspectione and make inventar of the forsaid wrytes at the sight of any of the saids Lords number who should be at the trouble or at sight of any of the magistrats of Edinburgh or shirreff deputs of the shyre therof as the saids Lords Should appoint with any of the Clerks of Councill Or their Servants to attend them as the petition bears The Lords of their Majesties privy Councill having Considered this petition given in to them be the above relict and Cheldrein of Sir James Grant They heirby allow the petitioner or any whom they shall appoint for them, To have inspection of the defuncts oun privat writtes and Securities and to make Inventar of the same at the sight of the Lord Justice Clerk To whom the Councill Recomends to be present at the Sighting and Inventaring of the saids wrytes and securities, and appoints the Clerks of privy Councill or their servant to attend the Lord Justice Clerk.

1. NRS, PC2/25, 111r-111v.

1. NRS, PC2/25, 111r-111v.

Act, 13 December 1694, Edinburgh

Posted on by

Edinburgh The Threteinth day of December Jaj vjc nyntie Four years

D1694/12/111

Act

Act Maxwell of Tinwale

Anent a Petition given in to the Lords of their Majesties privy Councill be Robert Maxwell of Tinwell Shewing That quher by ane act of privy Councill dated the Eight day of August Jaj vjc Eightie seven years The Then Lords of privy Councill Did nominat and appoint 2 eight3 persones to be interdictators to the petitioner wherof the deceast Sir John Dalzell of Glennal and the deceast Robert Caruthers of Ramerskaills were two and Granted to them the ordinary power of Interdictione and appointed five of them to be a quorum as the said act therwith produced bears In Complyance with which act the petitioner did subscryve ane interdictione in the termes therof and therupon Caused raise and execute letters of publicatione and registration the same as they likwayes therwith produced would testifie And seing that not only the said Sir John Dalzells and Robert Carruthers are dead, But also when they were allyve the petitioner hade great deficulty of time to gett a quorum to meet upon his affairs and therby matters of Considerable moment relateing to the petitioners estate and fortune were altogither Slighted and neglected, and it being absolutely necessar That two honest famous Gentlmen be named in place of the two who are dead and added to these who are yet alyve to be interdictors to the petitioner, and that thrie of the haill number be Declaired to be quourum That therby the petitioners bussines may not be neglected in time comeing And Therfore Humbly Craveing the saids Lords would not only nominat and appoint, William Douglas of Dornock and John Carruthers of Butterwhat to be two of the petitioners interdicators in place of the two deceased, But also, To Declair thrie of the haill number to be a quorum, and who Cannot be in the least Suspect, They being all gentlmen of intire fame and reputatione as the petition bears The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above Robert Maxwell with the act of privy Councill interdictione and letters of publicatione therof mentioned in and produced with the same They heirby Recommend the petitioner to be at free Liberty to interdict himself to such persones and such a quorum of these persones, as they shall think fitt to appoint, and that in the ordinary Course of Law, and upon granting of a new interdictione in maner forsaid and publication therof Declairs the above act of privy Councill interdictione following theron and letters of publication therof To be from thence furth void and null as to all deeds which may follow theron after that time.

Edinburgh The Threteinth day of December Jaj vjc nyntie Four years

D1694/12/111

Act

Act Maxwell of Tinwale

Anent a Petition given in to the Lords of their Majesties privy Councill be Robert Maxwell of Tinwell Shewing That quher by ane act of privy Councill dated the Eight day of August Jaj vjc Eightie seven years The Then Lords of privy Councill Did nominat and appoint 2 eight3 persones to be interdictators to the petitioner wherof the deceast Sir John Dalzell of Glennal and the deceast Robert Caruthers of Ramerskaills were two and Granted to them the ordinary power of Interdictione and appointed five of them to be a quorum as the said act therwith produced bears In Complyance with which act the petitioner did subscryve ane interdictione in the termes therof and therupon Caused raise and execute letters of publicatione and registration the same as they likwayes therwith produced would testifie And seing that not only the said Sir John Dalzells and Robert Carruthers are dead, But also when they were allyve the petitioner hade great deficulty of time to gett a quorum to meet upon his affairs and therby matters of Considerable moment relateing to the petitioners estate and fortune were altogither Slighted and neglected, and it being absolutely necessar That two honest famous Gentlmen be named in place of the two who are dead and added to these who are yet alyve to be interdictors to the petitioner, and that thrie of the haill number be Declaired to be quourum That therby the petitioners bussines may not be neglected in time comeing And Therfore Humbly Craveing the saids Lords would not only nominat and appoint, William Douglas of Dornock and John Carruthers of Butterwhat to be two of the petitioners interdicators in place of the two deceased, But also, To Declair thrie of the haill number to be a quorum, and who Cannot be in the least Suspect, They being all gentlmen of intire fame and reputatione as the petition bears The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above Robert Maxwell with the act of privy Councill interdictione and letters of publicatione therof mentioned in and produced with the same They heirby Recommend the petitioner to be at free Liberty to interdict himself to such persones and such a quorum of these persones, as they shall think fitt to appoint, and that in the ordinary Course of Law, and upon granting of a new interdictione in maner forsaid and publication therof Declairs the above act of privy Councill interdictione following theron and letters of publication therof To be from thence furth void and null as to all deeds which may follow theron after that time.

1. NRS, PC2/25, 110r-110v.

2. The word ‘severall’ scored out here.

3. Insertion.

1. NRS, PC2/25, 110r-110v.

2. The word ‘severall’ scored out here.

3. Insertion.

Act, 13 December 1694, Edinburgh

Posted on by

Edinburgh The Threteinth day of December Jaj vjc nyntie Four years

D1694/12/101

Act

Act Hamilton of Kinkell

Anent a Petition given in to the Lords of their Majesties privy Councill be Alexander Hamiltone of Kinkell Shewing That wher ther is great want of a Convenient harbour upon the East of Fyfe toward the Occean betwixt Craill and St Androwes and that at Kinkell nature it self hath formed such a Conveniency for it that all acquainted with the place and Concerned in shipping have a long time wished that the said harbour might be ther built and perfyted Lykeas It is knowen that both herring fishers and other fishers have Constantly desyred that ther might be a harbour built ther as most advantagous for the trade of fishing, Which is by severalls acts of Parliament Recomended to the saids Lords to give it all possible incouradgment In pursuance of which act It hath also pleased the toune and magistrats of St Androwes, with the toune and Magistrats of Craill, The nearest nighbours to Kinkell on either hand to give their Certificat and Recomendation with all earnestnes that the forsaid harbour may be built as ther Certificat under the hands of their Magistrats therwith produced bears, And seing that it belongs to the saids Lords in such Casses to approve overtoures of this kynd when offered and to authorize and Ordaine generall Contrabutiones throw all kirks and paroches for the effectuating of the same as the saids Lords has been in use to doe in severall Caisses And Therfore Humbly Craveing the saids Lords would in Consideratione of the premisses and especially of the great utillity that will aryse to all ships, and particularly fishers by the forsaid harbour to allow and authorize a generall Contrabutione to be made throw all the kirks and paroches of the kingdome for raiseing of money by way of benevolence for the building of the said harbour and to appoint for that end such dayes as the saids Lords should judge Conveninent, And to Recomend the matter as it deserves, And for that effect to Ordaine publict proclamatione to be made and read in all the saids Churches before the dayes to be appointed as said is To the end the Leidges may be duely advertised and the petitioner is farder Content to find good and suficient Cautione that what money shall be raised by the forsaid Contrabutione shall be honestly Imployed for the work abovespecified as use is in the like Caises, as the said petition bears The Lords of their Majesties privy Councill having Considered the above petitione given in to them be Alexander Hamilton of Kinkell with the Certificatione and Recomendatione mentioned in and produced with the said petitione They heirby allow a voluntar Collectione to be made at the doors of all the parish Churches and meeting housses within this kingdome of building of ane harbour at Kinkell and that at the places and upon the dayes following Viz the toune of Edinburgh Leith and Suburbs and the thrie Lothians upon the second sabath day of January nixt Jaj vjc nyntie five years And for the shires of Fyfe, Kinross, Clackmanan and all the shire of Pearth be South Tay The first Sabath of February therafter, And for the South and west of Scotland the thrid sabbath of Aprill therafter and for all be north the river of Tay the last sabbath of may therafter and appoints the said Contrabutione or Collectione to be payed and delivered into the said Alexander Hamiltone of Kinkell whom the saids Lords doe heirby nominat and appoint to be factor for uplifting the same In Respect the said Alexander Hamilton before extracting heirof has given bond and found suficient Caution acted in the books of privy Councill That he shall apply the Collectiones forsaids which shall be delyvered in to him upon building of the forsaid harbour at the sight of the magistrats of St Androwes or Craill or either of them for the time being and appoints executione to pass upon the said bond at their instances and the instance of Mr John Buchan advocat agent for the Royall burrowes and Recomends to the ministers at the severall paroch Churches and meetting housses To make intimatione publictly from their pulpits of this act upon the sabbath day Imediatly preceiding the dayes appointed for makeing the saids Collectiones Reserving allwayes to the Earle of Crafurd his Right of admiralitie within the bounds of those Coasts with the duties and Customes wherto his Lordship has right upon that account and all other Immunities and priviledges therto belonging And Ordaines these presents to be printed.

Edinburgh The Threteinth day of December Jaj vjc nyntie Four years

D1694/12/101

Act

Act Hamilton of Kinkell

Anent a Petition given in to the Lords of their Majesties privy Councill be Alexander Hamiltone of Kinkell Shewing That wher ther is great want of a Convenient harbour upon the East of Fyfe toward the Occean betwixt Craill and St Androwes and that at Kinkell nature it self hath formed such a Conveniency for it that all acquainted with the place and Concerned in shipping have a long time wished that the said harbour might be ther built and perfyted Lykeas It is knowen that both herring fishers and other fishers have Constantly desyred that ther might be a harbour built ther as most advantagous for the trade of fishing, Which is by severalls acts of Parliament Recomended to the saids Lords to give it all possible incouradgment In pursuance of which act It hath also pleased the toune and magistrats of St Androwes, with the toune and Magistrats of Craill, The nearest nighbours to Kinkell on either hand to give their Certificat and Recomendation with all earnestnes that the forsaid harbour may be built as ther Certificat under the hands of their Magistrats therwith produced bears, And seing that it belongs to the saids Lords in such Casses to approve overtoures of this kynd when offered and to authorize and Ordaine generall Contrabutiones throw all kirks and paroches for the effectuating of the same as the saids Lords has been in use to doe in severall Caisses And Therfore Humbly Craveing the saids Lords would in Consideratione of the premisses and especially of the great utillity that will aryse to all ships, and particularly fishers by the forsaid harbour to allow and authorize a generall Contrabutione to be made throw all the kirks and paroches of the kingdome for raiseing of money by way of benevolence for the building of the said harbour and to appoint for that end such dayes as the saids Lords should judge Conveninent, And to Recomend the matter as it deserves, And for that effect to Ordaine publict proclamatione to be made and read in all the saids Churches before the dayes to be appointed as said is To the end the Leidges may be duely advertised and the petitioner is farder Content to find good and suficient Cautione that what money shall be raised by the forsaid Contrabutione shall be honestly Imployed for the work abovespecified as use is in the like Caises, as the said petition bears The Lords of their Majesties privy Councill having Considered the above petitione given in to them be Alexander Hamilton of Kinkell with the Certificatione and Recomendatione mentioned in and produced with the said petitione They heirby allow a voluntar Collectione to be made at the doors of all the parish Churches and meeting housses within this kingdome of building of ane harbour at Kinkell and that at the places and upon the dayes following Viz the toune of Edinburgh Leith and Suburbs and the thrie Lothians upon the second sabath day of January nixt Jaj vjc nyntie five years And for the shires of Fyfe, Kinross, Clackmanan and all the shire of Pearth be South Tay The first Sabath of February therafter, And for the South and west of Scotland the thrid sabbath of Aprill therafter and for all be north the river of Tay the last sabbath of may therafter and appoints the said Contrabutione or Collectione to be payed and delivered into the said Alexander Hamiltone of Kinkell whom the saids Lords doe heirby nominat and appoint to be factor for uplifting the same In Respect the said Alexander Hamilton before extracting heirof has given bond and found suficient Caution acted in the books of privy Councill That he shall apply the Collectiones forsaids which shall be delyvered in to him upon building of the forsaid harbour at the sight of the magistrats of St Androwes or Craill or either of them for the time being and appoints executione to pass upon the said bond at their instances and the instance of Mr John Buchan advocat agent for the Royall burrowes and Recomends to the ministers at the severall paroch Churches and meetting housses To make intimatione publictly from their pulpits of this act upon the sabbath day Imediatly preceiding the dayes appointed for makeing the saids Collectiones Reserving allwayes to the Earle of Crafurd his Right of admiralitie within the bounds of those Coasts with the duties and Customes wherto his Lordship has right upon that account and all other Immunities and priviledges therto belonging And Ordaines these presents to be printed.

1. NRS, PC2/25, 108v-110r.

1. NRS, PC2/25, 108v-110r.

Sederunt, 13 December 1694, Edinburgh

Posted on by

Edinburgh The Threteinth day of December Jaj vjc nyntie Four years1

D1694/12/92

Sederunt

Earl of Melvill p: Seall; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Lothian; Earl of Anandale pr:; Earl of Forfar; Earl of Brodalbines; Viscount Tarbat; Lord Raith; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Hatton; Mr Fr: Montgomry; Laird of Stivenson; Laird of Pollock; Sir John Hall

Edinburgh The Threteinth day of December Jaj vjc nyntie Four years1

D1694/12/92

Sederunt

Earl of Melvill p: Seall; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Lothian; Earl of Anandale pr:; Earl of Forfar; Earl of Brodalbines; Viscount Tarbat; Lord Raith; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Hatton; Mr Fr: Montgomry; Laird of Stivenson; Laird of Pollock; Sir John Hall

1. NRS, PC2/25, 108v.

2. NRS, PC2/25, 108v.

1. NRS, PC2/25, 108v.

2. NRS, PC2/25, 108v.

Decreet, 11 December 1694, Edinburgh

Posted on by

Edinburgh the Eleventh December Jaj vjc nyntie four years

D1694/12/81

Decreet

Decreet lady Dundonald contra William Cochran

Anent our soveraigne Lord and Ladies letters raised and pursued before the Lords of their majesties privy Councill at the instance of William Earle of Dundonald and Sussana Countes of Dundonald James Earle of Arran John Earle of Cassills John Lord Murray John Lord Strathnaver, Alexander Lord Mountgomry William Lord Ross Mr William Cochran of Killmaronick and William Cochran of Ochiltrie his tutors with Concourse of Sir James Stewart their majesties advocat for their highnes intrest in the matter underwritten Mentioning That wher by the lawes of this and all otherweell Governed nationes The breach of Trust Espeacially in the managment of a pupills affairs Which Law hath Comitted to the Manadgment of other persones and strictly oblidged them not only to fidelity, But exact dilligence without any renumeration or reward and more especially wher ane extraordinary allowance of ane hundred punds sterling was granted by a defunct as a sallery for manadging the pupills affairs, and uplifting his rents to ingadge him to the greater fiddellity and Dilligence as alse the beating and oppressing their majesties Leidges Especially poor termes by exacting much more from them then was due, and applying the same to his oun privat use and the taking of his oun Discharges from the tennents upon pretence to desyre to see them and the tearing and Councelling of the same and oblidging them to Corrupt for what soumes of money he thought fitt, without regaird to these discharges and the exacting of greater soumes of money and greater quantities of victuall from the tenents then by their tacks or former payments they have been accustomed and oblidged and the taking of twyce payment and more then was allowed by the saids tutors Especially wher these deeds of oppression and breach of trust, of purpose to inhance great riches and advantadge to himself to ruine and Depauperat the tennents and lay the Land waist, The saids acts and deeds are all Ryots and Crymes of ane high nature and severly punishable Nevertheless William Cochran Chamberland to the said Earle of Dundonald Reposeing a great trust and Confidence in the said William Cochran Did Grant him ane factory and Commissione for uplifting the rents of his wholl estate which he therby appointed to Continue dureing the pupillarity of the said William Earle of Dundonald and ordained ane hundred pund sterling yearly to be payed by the tutors, yet the said William Cochran did most 2 grossly abuse the trust reposed in him by making false and unjust accompts to the tutors and by grivious and notorious oppression of the tennents by a trail of many deeds of fraud and oppression Which being too tedious to relate at length may suficiently appear by the particulars following viz primo The persuar and his tutors not desyreing or allowing any oppressione on the tennents Did only Charge the Chamberland in his accompts with the victuall at the Commissioners feirs, or as the same was appointed to be sold the years Jaj vjc Eightie Seven, Eightie Eight Eightie nyne3 Jaj vjc nyntie, nyntie one Which was the rule of former accompts, notwithstanding the Chamberland exacted from the tennents Especially from Robert Naesmith in Boghall 4 John5 King in Maynes therof Robert Gillmore in Hillingtoune Thomas Craig in Arilstoune John Cuming their William Snodgrass younger in Insch John Wallace ther George Barr in Mylne of Greiff Lawrance Barnes in Seedhill, William Park ther Robert Burnes ther, Alexander Smith and Jannet Patersone in […] Robert Adam in Potterhill Hew and Robert Cochrans in Shillingworth Hew Allan ther William Sclaitter in Barscavan and the wholl tennents of the barrone of Hillingtoune and severall others of the persewers tennnents one two, thrie, four, five, and from six merks more them the price Charged upon himself in his fitted accompts Conforme to a more particular account and Condescendence of the saids exorbitant exactiones therwith produced and repeated at a part of the Lybell brevitatis Causa And that notwithstanding severalls of the saids tennents were willing and offered to delyver in their fermes, Which he Could not receive, That he might have the oppertunity to pres upon them And Sicklike the tennents of the said estate and of the wholl Country being only oblidged and in use to deliver in their victuall of the severall barronies according to the measure of the barrony, yet the said William Cochran Did upon the first second thrid or one other of the dayes of one or other of the moneths of January February and remanent moneths of the year Jaj vjc Eightie Eight Jaj vjc Eightie nyne Jaj vjc nyntie Jaj vjc nyntie one, nyntie two, nyntie thrie, or Jaj vjc nyntie four years Constantly and regullarly obleidge the tennents both to measure and weight their victuall And if the victuall being measured fell short of Eight stone, He oblidged them to make up the same, and some time two thrie four or five pund weight more for each boll albeit the measure of the barrony be above a peck Less then the Linlithgow measure And so ought nor in Law or reasone to be exacted altogither of Eight stone, And if the boll of victual ueighted above Eight stones They Got no allowance for that which is a practise never formerly knowen or heard of In that Countrey and authorized and allowed by the pursuers, and when he came to wryt he Charges himself with nothing upon the accompt of what he received more then was Ordinary But upon the Contrary He got allowance of half a boll of the Score to hold out the measure, and so got all the profite and advantage of the said exhorbitant exactiones to his privat use besides the half boll allowed him, And sicklike when the said William Cochran Compted with the tennents he did oft and diverse times dureing the space forsaid tear his oun recepts pretending that they differed from his Compt books and forced the tennents to Compt for what Soumes he pleased and particularly David Barbour in Cochran haveing exhibit his Discharges, He tore the same and exacted a bond for what he thought fitt to Call his rest And Truely exacted Eightie merks more then what was due If the toune recepts hade been allowed, The same method was used to Mathow Lochhead younger in Hillingtoune whom he wronged in Fourtie merks and the like from Henry Lochhead younger ther from whom be exacted a bond for rent which being payed by partiall recepts he took up the saids recepts and teared the samen, and still retaines The bond, The lyke to John Whyte in Ranscaven from whom he hade exacted a bond for rent, and the bond being payed by partiall recepts, which recepts he borrowed up and teared and wronged the said John Whyte in two hundred merks, The like to Mathow Lochead elder in Hillingtoune who haveing sent his recepts to accompt with the said William Cochran, He teared the same and forced him to Compt Conforme to his oun book and wronged him Considerably In like maner the tenents of the pursuers estate being in use to pay the half of the Cess and the heritor the other half The said William Cochran hath Constantly and regullarly exacted two thrids of the Cess from the said tennents, And sicklike the tutors for the ease of the tennents not allowing the services that were used to be exacted from them except in the Case of the necessitie or waist maillings, yet the said William Cochran did exact services to himself from tennents who were not Lyable to services, And Farder he Converted the services of such as were Lyable into victuall which he oblidged them to pay yearly without the knowledge or allowance of the tutors and applyed the same to his particular use and specially from the tennents following viz John Whyt in Inch, William Robertsone ther, James Muire in Cragiehill Hendry Wilsone in Hillingtoune Robert Gillmour ther, William Snodgrass elder and younger in […] John Androw in Eastwood William Wallace sone to John Wallace in […] James Semple in Inch John Lochead in […] and the haill tenents in Hillingtoune and Alliestoune and severall others of the pursuers tennents and some of the tennents who Grudged to pay victuall or Services, He upon the first second thrid or ane or other of the dayes of the moneths of the years Jaj vjc nyntie two Jaj vjc nyntie thrie or Jaj vjc nyntie four not only threatned and Minaced, But also Cruely beat as William Snodgrass younger and William Wallace sone to John Wallace in Inch, And sicklike Robert Cochnran being ane poor man resting one hundreth merks by bond wherof the tutors by a sederunt appointed fiftie merks only to be exacted and Delyvered a subscrived warrand to him for that effect, And the poor man haveing often offered the fiftie merks, yet the said William Cochran pursued him before the shirreff wher he againe refused to accept of fiftie merks obtained ane Decreet and areisted his Goods and forced him to pay the wholl and even expences and Granted him a Discharge of the wholl, Which afterwards he borrowed up, And the freinds haveing quarrelled the exactione, he keeped up the totall Discharge, And Gave him a Discharge bearing the recept of the half As also he exacted twyce payment from Robert Stivensone in Neitheruplay of his teynd and services and Granted him a recept of the twentie Eight of may Jaj vjc Eightie six and another of the twelth June Jaj vjc nyntie thrie, and did after the granting of the first recept obtaine a decreet and forced him to pay a second tyme and after he hade payed refused him redress tho he produced both recepts Which Deeds of oppression of the pursuers tenents were also breach of trust reposed in the said William Cochran by the deceast Earle of Dundonald The pursuers father, and quherof he is yet furder guilty in the particulars following viz primo the siad William Cochran did deceive the pursuers tutors by Concealling a part of the rental particularly the silver rent of the Lands of Killmarnonick being Reserved to the pursuer dureing the Joynt Liftymes of Eupham Countes of Dundonald and the Lady Cochran, he Gave up the rentall to the tutors to amount only to two thousand punds, and induced them to subscrib the rentall and did only Charge himself accordingly albeit he very weell knew that the true rentall was two Thousand ane hundred and sixtie Eight punds In so farr as […] Stirling of Lawes haveing been former Chamberland for uplifting the rents of these lands The accompts therof with the deceast John and William Earles of Dundonalds for severall years were all wryten by the said William Cochrans hand, stateing the silver rent as fond and the said Stirling of Law haveing uplifted the rent for the year Jaj vjc Eightie nyne and Compted with the pursuer and his tutors according to the true rentall, The ballance of his accompt was payed in to the defender yet in the said William Cochrans accompts of the year Jaj vjc nyntie and Jaj vjc nyntie One, He Charges himself two hundreth merks Short of what he knew to be the Just and true rentall, and being Challanged by Kilmaronick one of the Tutors after the Error was discovered he desyred him to Conceall it, and take the two hundred merks yearly to his oun use Secundo the said William Cochran in his accompts for the Cropts Jaj vjc Eightie seven Eightie Eight, Eightie nyne, and nyntie, and nyntie one, Haveing given up great and Considerable rests to be due by the tennents And the pursuers tutors hade reasone to take them Upon Trust, He being to Continue in his office Wheras it is found that many of the saids rests Especialy such as are given up to be resting by the 6 persones brocken and off the ground and altogither desperat were truely uplifted and received by himself and Fraudelently and unjustly applyed to his oun privat use which was practised so generally that it were too tedious to relate the names of all the persones that were So used, But a few of the many thus treated were the persones following viz Peetter Howstoune in Inch James Caldwald in Bursbining John Gibsone miller in Boghall William Rainfrew sometime in Burnside Robert Sclaitter in McLurge Thomas Stivensone in Clabands Henry Lochhead elder in Hillingtoune and Severall others of the pursuers tennents whose particular rests given up by him and the soumes The said William Cochran did receive of these rests are also repeated as a part of this Lybell brevitatis Causa, And Therfore the said William Cochran being found guilty of the forsaid Malversationes or airt and part therof ought and should be Disabled from any malversatione or midling with that trust, By depryveing of him of his said office of being Chamberland And Farder most severly punished in his persone and goods to the terror of others to doe or Comitt the like in time comeing And Anent The Charge given to the said defender To have Compeired before the saids Lords upon the Twentie seventh day of november Last, To have answered with grounds of the above Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should think fitt, under the paine of Rebellion, with Certificatione etc, as the said Lybell and executiones therof at more length proports The Which Lybell being Called the said twentie seventh day of november Last in presence of the saids Lords of privy Councill, And the saids Lord John Hamiltone and William Cochran of Killmaronick two of the tutors Compeiring personally for themselves And the rest of the pursuers, with Sir James Ogilvie Mr Hew Dalrymple and Mr George Alexander Advocats for the haill pursuers, And the said William Cochran defender also Compeiring personally with Sir James Stewart their Majesties Advocat Sir Patrick Home Mr David Cunninghame and Mr Roderick Mckenzie his Advocats The Lybell and answers therto being read and both parties advocats fully heard The saids Lords Sustained themselves Judges Competent to the said Lybell And allowed the defender and his advocats To give in their speciall answers if they any hade against the particulars of the Lybell, And In Respect they declared they hade speciall answers, But that the same were not present at the barr The saids Lords Admitted the Lybell to the persuars probatione and the witnesses present haveing made faith at the barr They Recomended to a Comittie of their oun number to examine the witnesses cited and Compeiring as said is, And Reserved all the Objectiones that might be made against the saids witnesses to be proponed and discussed before the said Committie, Which Comittie having accordingly mett and examined diverse and sundrie famouse witnesses both for the pursuers and defender and alse the oath and depositione of the said William Cochran defender as the samen depositiones all extant in proces bears, And The saids Lords of their majesties privy Councill, Haveing this day Concidered the forsaid proces with the depositiones of the witnesses adduced be and writtes produced for both parties, with the defenders oun oath Togither with both parties principall informationes and ane additionall informatione for the Earle and his tutors and ane petition for the Chamberlane They Find It suficiently proven That Robert Cochran haveing given bond for ane hundreth merks scots, and the tutors haveing ordered the Chamberlane to exact only Fiftie merk, yet he exacted the wholl Secundo That the Chamberlaine did tear Mathow Lochheads recepts before granting of a generall discharge Lochhead at the time Complaining that he was wronged, Tertio That the Chamberland exacted the victuall from the tennents by inequall weight, Wheras they were in use to pay by measure, And that he received at different weights taking more weight for the boll then another Quarto That the Chamberlane acted unwarrantably, In so farr as he exacted more from the tennants for the victuall Cropt Jaj vjc nyntie one years Then the Commissioners feirs that year Quinto That he exacted double payment from Robert Stivensone in Miduply one of the tennents Sexto That he Converted the services performable be the tennants into victuall or money and exacted the same unwarrantably And Therfore the saids Lords have Depryved and heirby Depryves the said William Cochran from his office of Chamberland or factor to the estate of Dundonald And Discharges him to act or medle in the Earle of Dundonalds affairs as Chamberland or factor forsaid be vertue of any Commissione or factory granted by the said deceast Earle of Dundonald to him.

Edinburgh the Eleventh December Jaj vjc nyntie four years

D1694/12/81

Decreet

Decreet lady Dundonald contra William Cochran

Anent our soveraigne Lord and Ladies letters raised and pursued before the Lords of their majesties privy Councill at the instance of William Earle of Dundonald and Sussana Countes of Dundonald James Earle of Arran John Earle of Cassills John Lord Murray John Lord Strathnaver, Alexander Lord Mountgomry William Lord Ross Mr William Cochran of Killmaronick and William Cochran of Ochiltrie his tutors with Concourse of Sir James Stewart their majesties advocat for their highnes intrest in the matter underwritten Mentioning That wher by the lawes of this and all otherweell Governed nationes The breach of Trust Espeacially in the managment of a pupills affairs Which Law hath Comitted to the Manadgment of other persones and strictly oblidged them not only to fidelity, But exact dilligence without any renumeration or reward and more especially wher ane extraordinary allowance of ane hundred punds sterling was granted by a defunct as a sallery for manadging the pupills affairs, and uplifting his rents to ingadge him to the greater fiddellity and Dilligence as alse the beating and oppressing their majesties Leidges Especially poor termes by exacting much more from them then was due, and applying the same to his oun privat use and the taking of his oun Discharges from the tennents upon pretence to desyre to see them and the tearing and Councelling of the same and oblidging them to Corrupt for what soumes of money he thought fitt, without regaird to these discharges and the exacting of greater soumes of money and greater quantities of victuall from the tenents then by their tacks or former payments they have been accustomed and oblidged and the taking of twyce payment and more then was allowed by the saids tutors Especially wher these deeds of oppression and breach of trust, of purpose to inhance great riches and advantadge to himself to ruine and Depauperat the tennents and lay the Land waist, The saids acts and deeds are all Ryots and Crymes of ane high nature and severly punishable Nevertheless William Cochran Chamberland to the said Earle of Dundonald Reposeing a great trust and Confidence in the said William Cochran Did Grant him ane factory and Commissione for uplifting the rents of his wholl estate which he therby appointed to Continue dureing the pupillarity of the said William Earle of Dundonald and ordained ane hundred pund sterling yearly to be payed by the tutors, yet the said William Cochran did most 2 grossly abuse the trust reposed in him by making false and unjust accompts to the tutors and by grivious and notorious oppression of the tennents by a trail of many deeds of fraud and oppression Which being too tedious to relate at length may suficiently appear by the particulars following viz primo The persuar and his tutors not desyreing or allowing any oppressione on the tennents Did only Charge the Chamberland in his accompts with the victuall at the Commissioners feirs, or as the same was appointed to be sold the years Jaj vjc Eightie Seven, Eightie Eight Eightie nyne3 Jaj vjc nyntie, nyntie one Which was the rule of former accompts, notwithstanding the Chamberland exacted from the tennents Especially from Robert Naesmith in Boghall 4 John5 King in Maynes therof Robert Gillmore in Hillingtoune Thomas Craig in Arilstoune John Cuming their William Snodgrass younger in Insch John Wallace ther George Barr in Mylne of Greiff Lawrance Barnes in Seedhill, William Park ther Robert Burnes ther, Alexander Smith and Jannet Patersone in […] Robert Adam in Potterhill Hew and Robert Cochrans in Shillingworth Hew Allan ther William Sclaitter in Barscavan and the wholl tennents of the barrone of Hillingtoune and severall others of the persewers tennnents one two, thrie, four, five, and from six merks more them the price Charged upon himself in his fitted accompts Conforme to a more particular account and Condescendence of the saids exorbitant exactiones therwith produced and repeated at a part of the Lybell brevitatis Causa And that notwithstanding severalls of the saids tennents were willing and offered to delyver in their fermes, Which he Could not receive, That he might have the oppertunity to pres upon them And Sicklike the tennents of the said estate and of the wholl Country being only oblidged and in use to deliver in their victuall of the severall barronies according to the measure of the barrony, yet the said William Cochran Did upon the first second thrid or one other of the dayes of one or other of the moneths of January February and remanent moneths of the year Jaj vjc Eightie Eight Jaj vjc Eightie nyne Jaj vjc nyntie Jaj vjc nyntie one, nyntie two, nyntie thrie, or Jaj vjc nyntie four years Constantly and regullarly obleidge the tennents both to measure and weight their victuall And if the victuall being measured fell short of Eight stone, He oblidged them to make up the same, and some time two thrie four or five pund weight more for each boll albeit the measure of the barrony be above a peck Less then the Linlithgow measure And so ought nor in Law or reasone to be exacted altogither of Eight stone, And if the boll of victual ueighted above Eight stones They Got no allowance for that which is a practise never formerly knowen or heard of In that Countrey and authorized and allowed by the pursuers, and when he came to wryt he Charges himself with nothing upon the accompt of what he received more then was Ordinary But upon the Contrary He got allowance of half a boll of the Score to hold out the measure, and so got all the profite and advantage of the said exhorbitant exactiones to his privat use besides the half boll allowed him, And sicklike when the said William Cochran Compted with the tennents he did oft and diverse times dureing the space forsaid tear his oun recepts pretending that they differed from his Compt books and forced the tennents to Compt for what Soumes he pleased and particularly David Barbour in Cochran haveing exhibit his Discharges, He tore the same and exacted a bond for what he thought fitt to Call his rest And Truely exacted Eightie merks more then what was due If the toune recepts hade been allowed, The same method was used to Mathow Lochhead younger in Hillingtoune whom he wronged in Fourtie merks and the like from Henry Lochhead younger ther from whom be exacted a bond for rent which being payed by partiall recepts he took up the saids recepts and teared the samen, and still retaines The bond, The lyke to John Whyte in Ranscaven from whom he hade exacted a bond for rent, and the bond being payed by partiall recepts, which recepts he borrowed up and teared and wronged the said John Whyte in two hundred merks, The like to Mathow Lochead elder in Hillingtoune who haveing sent his recepts to accompt with the said William Cochran, He teared the same and forced him to Compt Conforme to his oun book and wronged him Considerably In like maner the tenents of the pursuers estate being in use to pay the half of the Cess and the heritor the other half The said William Cochran hath Constantly and regullarly exacted two thrids of the Cess from the said tennents, And sicklike the tutors for the ease of the tennents not allowing the services that were used to be exacted from them except in the Case of the necessitie or waist maillings, yet the said William Cochran did exact services to himself from tennents who were not Lyable to services, And Farder he Converted the services of such as were Lyable into victuall which he oblidged them to pay yearly without the knowledge or allowance of the tutors and applyed the same to his particular use and specially from the tennents following viz John Whyt in Inch, William Robertsone ther, James Muire in Cragiehill Hendry Wilsone in Hillingtoune Robert Gillmour ther, William Snodgrass elder and younger in […] John Androw in Eastwood William Wallace sone to John Wallace in […] James Semple in Inch John Lochead in […] and the haill tenents in Hillingtoune and Alliestoune and severall others of the pursuers tennents and some of the tennents who Grudged to pay victuall or Services, He upon the first second thrid or ane or other of the dayes of the moneths of the years Jaj vjc nyntie two Jaj vjc nyntie thrie or Jaj vjc nyntie four not only threatned and Minaced, But also Cruely beat as William Snodgrass younger and William Wallace sone to John Wallace in Inch, And sicklike Robert Cochnran being ane poor man resting one hundreth merks by bond wherof the tutors by a sederunt appointed fiftie merks only to be exacted and Delyvered a subscrived warrand to him for that effect, And the poor man haveing often offered the fiftie merks, yet the said William Cochran pursued him before the shirreff wher he againe refused to accept of fiftie merks obtained ane Decreet and areisted his Goods and forced him to pay the wholl and even expences and Granted him a Discharge of the wholl, Which afterwards he borrowed up, And the freinds haveing quarrelled the exactione, he keeped up the totall Discharge, And Gave him a Discharge bearing the recept of the half As also he exacted twyce payment from Robert Stivensone in Neitheruplay of his teynd and services and Granted him a recept of the twentie Eight of may Jaj vjc Eightie six and another of the twelth June Jaj vjc nyntie thrie, and did after the granting of the first recept obtaine a decreet and forced him to pay a second tyme and after he hade payed refused him redress tho he produced both recepts Which Deeds of oppression of the pursuers tenents were also breach of trust reposed in the said William Cochran by the deceast Earle of Dundonald The pursuers father, and quherof he is yet furder guilty in the particulars following viz primo the siad William Cochran did deceive the pursuers tutors by Concealling a part of the rental particularly the silver rent of the Lands of Killmarnonick being Reserved to the pursuer dureing the Joynt Liftymes of Eupham Countes of Dundonald and the Lady Cochran, he Gave up the rentall to the tutors to amount only to two thousand punds, and induced them to subscrib the rentall and did only Charge himself accordingly albeit he very weell knew that the true rentall was two Thousand ane hundred and sixtie Eight punds In so farr as […] Stirling of Lawes haveing been former Chamberland for uplifting the rents of these lands The accompts therof with the deceast John and William Earles of Dundonalds for severall years were all wryten by the said William Cochrans hand, stateing the silver rent as fond and the said Stirling of Law haveing uplifted the rent for the year Jaj vjc Eightie nyne and Compted with the pursuer and his tutors according to the true rentall, The ballance of his accompt was payed in to the defender yet in the said William Cochrans accompts of the year Jaj vjc nyntie and Jaj vjc nyntie One, He Charges himself two hundreth merks Short of what he knew to be the Just and true rentall, and being Challanged by Kilmaronick one of the Tutors after the Error was discovered he desyred him to Conceall it, and take the two hundred merks yearly to his oun use Secundo the said William Cochran in his accompts for the Cropts Jaj vjc Eightie seven Eightie Eight, Eightie nyne, and nyntie, and nyntie one, Haveing given up great and Considerable rests to be due by the tennents And the pursuers tutors hade reasone to take them Upon Trust, He being to Continue in his office Wheras it is found that many of the saids rests Especialy such as are given up to be resting by the 6 persones brocken and off the ground and altogither desperat were truely uplifted and received by himself and Fraudelently and unjustly applyed to his oun privat use which was practised so generally that it were too tedious to relate the names of all the persones that were So used, But a few of the many thus treated were the persones following viz Peetter Howstoune in Inch James Caldwald in Bursbining John Gibsone miller in Boghall William Rainfrew sometime in Burnside Robert Sclaitter in McLurge Thomas Stivensone in Clabands Henry Lochhead elder in Hillingtoune and Severall others of the pursuers tennents whose particular rests given up by him and the soumes The said William Cochran did receive of these rests are also repeated as a part of this Lybell brevitatis Causa, And Therfore the said William Cochran being found guilty of the forsaid Malversationes or airt and part therof ought and should be Disabled from any malversatione or midling with that trust, By depryveing of him of his said office of being Chamberland And Farder most severly punished in his persone and goods to the terror of others to doe or Comitt the like in time comeing And Anent The Charge given to the said defender To have Compeired before the saids Lords upon the Twentie seventh day of november Last, To have answered with grounds of the above Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should think fitt, under the paine of Rebellion, with Certificatione etc, as the said Lybell and executiones therof at more length proports The Which Lybell being Called the said twentie seventh day of november Last in presence of the saids Lords of privy Councill, And the saids Lord John Hamiltone and William Cochran of Killmaronick two of the tutors Compeiring personally for themselves And the rest of the pursuers, with Sir James Ogilvie Mr Hew Dalrymple and Mr George Alexander Advocats for the haill pursuers, And the said William Cochran defender also Compeiring personally with Sir James Stewart their Majesties Advocat Sir Patrick Home Mr David Cunninghame and Mr Roderick Mckenzie his Advocats The Lybell and answers therto being read and both parties advocats fully heard The saids Lords Sustained themselves Judges Competent to the said Lybell And allowed the defender and his advocats To give in their speciall answers if they any hade against the particulars of the Lybell, And In Respect they declared they hade speciall answers, But that the same were not present at the barr The saids Lords Admitted the Lybell to the persuars probatione and the witnesses present haveing made faith at the barr They Recomended to a Comittie of their oun number to examine the witnesses cited and Compeiring as said is, And Reserved all the Objectiones that might be made against the saids witnesses to be proponed and discussed before the said Committie, Which Comittie having accordingly mett and examined diverse and sundrie famouse witnesses both for the pursuers and defender and alse the oath and depositione of the said William Cochran defender as the samen depositiones all extant in proces bears, And The saids Lords of their majesties privy Councill, Haveing this day Concidered the forsaid proces with the depositiones of the witnesses adduced be and writtes produced for both parties, with the defenders oun oath Togither with both parties principall informationes and ane additionall informatione for the Earle and his tutors and ane petition for the Chamberlane They Find It suficiently proven That Robert Cochran haveing given bond for ane hundreth merks scots, and the tutors haveing ordered the Chamberlane to exact only Fiftie merk, yet he exacted the wholl Secundo That the Chamberlaine did tear Mathow Lochheads recepts before granting of a generall discharge Lochhead at the time Complaining that he was wronged, Tertio That the Chamberland exacted the victuall from the tennents by inequall weight, Wheras they were in use to pay by measure, And that he received at different weights taking more weight for the boll then another Quarto That the Chamberlane acted unwarrantably, In so farr as he exacted more from the tennants for the victuall Cropt Jaj vjc nyntie one years Then the Commissioners feirs that year Quinto That he exacted double payment from Robert Stivensone in Miduply one of the tennents Sexto That he Converted the services performable be the tennants into victuall or money and exacted the same unwarrantably And Therfore the saids Lords have Depryved and heirby Depryves the said William Cochran from his office of Chamberland or factor to the estate of Dundonald And Discharges him to act or medle in the Earle of Dundonalds affairs as Chamberland or factor forsaid be vertue of any Commissione or factory granted by the said deceast Earle of Dundonald to him.

1. NRS, PC2/25, 103r-108v.

2. The word ‘Justly’ scored out here.

3. The words ‘Eightie nyne’ are an insertion.

4. The word ‘Thomas’ scored out here.

5. Insertion.

6. The word ‘pursuers’ scored out here.

1. NRS, PC2/25, 103r-108v.

2. The word ‘Justly’ scored out here.

3. The words ‘Eightie nyne’ are an insertion.

4. The word ‘Thomas’ scored out here.

5. Insertion.

6. The word ‘pursuers’ scored out here.

Sederunt, 11 December 1694, Edinburgh

Posted on by

Edinburgh the Eleventh December Jaj vjc nyntie four years1

D1694/12/72

Sederunt

Earl of Melvill p: S:; Earl of Southerland; Earl of Mortone; Earl of Lothian; Earl of Leven; Earl of Anandale pr:; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Lord Raith T: D:; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Mr Fr: Montgomry; Laird of Stivenson; Laird of Pollock

Edinburgh the Eleventh December Jaj vjc nyntie four years1

D1694/12/72

Sederunt

Earl of Melvill p: S:; Earl of Southerland; Earl of Mortone; Earl of Lothian; Earl of Leven; Earl of Anandale pr:; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Lord Raith T: D:; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Mr Fr: Montgomry; Laird of Stivenson; Laird of Pollock

1. NRS, PC2/25, 103r.

2. NRS, PC2/25, 103r.

1. NRS, PC2/25, 103r.

2. NRS, PC2/25, 103r.

Act, 6 December 1694, Edinburgh

Posted on by

Edinburgh the sixth December Jaj vjc nyntie four years

D1694/12/61

Act

Act Keigoe and Marshall

The Lords of their majesties privy Councill doe heirby Declair John Keigoe merchant in Glasgow and James Marshall weaver theer who were seised by Command of the deceast Major James Meinzies, as deserters from the Lord Angus regiment to be free and at Libertie to goe about their affairs as any other of their majesties free Leidges and Discharges all officers or others to seiz upon Or trouble the saids persones as deserters forsaid in time comeing And Recomends to their majesties advocat to Grant passes to them for ther furder securitie, and appoints the bonds one or more granted by the saids persones to the Lord advocat to be given up to them.

Edinburgh the sixth December Jaj vjc nyntie four years

D1694/12/61

Act

Act Keigoe and Marshall

The Lords of their majesties privy Councill doe heirby Declair John Keigoe merchant in Glasgow and James Marshall weaver theer who were seised by Command of the deceast Major James Meinzies, as deserters from the Lord Angus regiment to be free and at Libertie to goe about their affairs as any other of their majesties free Leidges and Discharges all officers or others to seiz upon Or trouble the saids persones as deserters forsaid in time comeing And Recomends to their majesties advocat to Grant passes to them for ther furder securitie, and appoints the bonds one or more granted by the saids persones to the Lord advocat to be given up to them.

1. NRS, PC2/25, 103r.

1. NRS, PC2/25, 103r.

Act, 6 December 1694, Edinburgh

Posted on by

Edinburgh the sixth December Jaj vjc nyntie four years

D1694/12/51

Act

Act James Irvine

Anent a Petition given in to the Lords of their Majesties privy Councill be James Irving sone to John Irving of Kingausie Shewing that quher the petitioner haveing been cited with severall others befor the saids Lords for the alledged accessione to the disturbance of Divyne Worship in the Church of Old Aberdein And for not personall Compeirance before the saids Lords at the dyet prefixed in the letters of Captione out against him as to which the petitioner humbly beggs leave to represent That he being but a young boy at the schoolls And so not knowing the hazard of not Compeiring Conforme to the Citatione did conceall the same for fear of his father and other relationes displeasure till the time was past Secundo the petitioner never so much as went to that Church since the time of the forsaid disturbance And Therfore seing those who Compeired at the dyet in the Citationes were assoylzied upon ther promise of Good behavior in time comeing And Therfore humbly Craveing the saids Lords would Likwayes assoylzie him from the Certificatione and sentance pronunced against him and the petitioner doeth faithfully ingadge and promise a dutiefull behavior in tyme comeing as the petitione bears The Lords of their Majesties privy Councill haveing Considered this petitione given in to them be James Irving They heirby suspend and take of the Certificatione pronunced in the proces pursued before their Lordships at the proces pursued before their Lordships at the instance of their Majesties advocat against him And Declaires the petitioner free therof and quyte therfrae The petitioner first Giving bond that he shall keep the publict peace and shall not disturb the Divyne worship in any Churches of this kingdome at any time hereafter Under the penalty of five hundred merks scots

Edinburgh the sixth December Jaj vjc nyntie four years

D1694/12/51

Act

Act James Irvine

Anent a Petition given in to the Lords of their Majesties privy Councill be James Irving sone to John Irving of Kingausie Shewing that quher the petitioner haveing been cited with severall others befor the saids Lords for the alledged accessione to the disturbance of Divyne Worship in the Church of Old Aberdein And for not personall Compeirance before the saids Lords at the dyet prefixed in the letters of Captione out against him as to which the petitioner humbly beggs leave to represent That he being but a young boy at the schoolls And so not knowing the hazard of not Compeiring Conforme to the Citatione did conceall the same for fear of his father and other relationes displeasure till the time was past Secundo the petitioner never so much as went to that Church since the time of the forsaid disturbance And Therfore seing those who Compeired at the dyet in the Citationes were assoylzied upon ther promise of Good behavior in time comeing And Therfore humbly Craveing the saids Lords would Likwayes assoylzie him from the Certificatione and sentance pronunced against him and the petitioner doeth faithfully ingadge and promise a dutiefull behavior in tyme comeing as the petitione bears The Lords of their Majesties privy Councill haveing Considered this petitione given in to them be James Irving They heirby suspend and take of the Certificatione pronunced in the proces pursued before their Lordships at the proces pursued before their Lordships at the instance of their Majesties advocat against him And Declaires the petitioner free therof and quyte therfrae The petitioner first Giving bond that he shall keep the publict peace and shall not disturb the Divyne worship in any Churches of this kingdome at any time hereafter Under the penalty of five hundred merks scots

1. NRS, PC2/25, 102r-102v.

1. NRS, PC2/25, 102r-102v.

Sederunt, 6 December 1694, Edinburgh

Posted on by

Edinburgh the sixth December Jaj vjc nyntie four years1

D1694/12/42

Sederunt

Earl of Melvill p: S:; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Lothian; Earl of Leven; Earl of Anandale preces; Earl of Forfar; Earl of Broadalbine; Lord Raith; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Hatton; Mr Fra: Montgomrie; Laird of Stivensone; Laird of Leyes; Laird of Pollock; Sir John Hall.

Edinburgh the sixth December Jaj vjc nyntie four years1

D1694/12/42

Sederunt

Earl of Melvill p: S:; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Lothian; Earl of Leven; Earl of Anandale preces; Earl of Forfar; Earl of Broadalbine; Lord Raith; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Hatton; Mr Fra: Montgomrie; Laird of Stivensone; Laird of Leyes; Laird of Pollock; Sir John Hall.

1. NRS, PC2/25, 102r.

2. NRS, PC2/25, 102r.

1. NRS, PC2/25, 102r.

2. NRS, PC2/25, 102r.