Tag Archives: December

Order, 4 December 1694, Edinburgh

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Edinburgh the Fourth day of December Jaj vjc nyntie four years

D1694/12/31

Order

Jean Durhame contra Fobister her husband

The Lord Advocat haveing Represented to the Councill that Conforme to the referrence made be the Councill to him, He has Conferred with John Fobister and Jean Durhame his spouse and has indeavored to agree the parties But Cannot prevaill, The Councill Ordaines the said Jean Durhame to adduce probatione by witnesses Or otherwayes anent the deeds of violence done by her husband to her, And Likewayes anent the value of her said husbands estate and assignes the […] day of […] to that effect And allowes letters of dilligence for citeing witnesses and Recomends to the Earle of Southerland, Lairds of Stivensone and Leyes to examine the witnesses.

Edinburgh the Fourth day of December Jaj vjc nyntie four years

D1694/12/31

Order

Jean Durhame contra Fobister her husband

The Lord Advocat haveing Represented to the Councill that Conforme to the referrence made be the Councill to him, He has Conferred with John Fobister and Jean Durhame his spouse and has indeavored to agree the parties But Cannot prevaill, The Councill Ordaines the said Jean Durhame to adduce probatione by witnesses Or otherwayes anent the deeds of violence done by her husband to her, And Likewayes anent the value of her said husbands estate and assignes the […] day of […] to that effect And allowes letters of dilligence for citeing witnesses and Recomends to the Earle of Southerland, Lairds of Stivensone and Leyes to examine the witnesses.

1. NRS, PC2/25, 102r.

1. NRS, PC2/25, 102r.

Procedure, 4 December 1694, Edinburgh

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Edinburgh the Fourth day of December Jaj vjc nyntie four years

D1694/12/21

Procedure

Remitt M’Culloch contra Gordon of Barricharow

Anent the Letters or Complaint raised and pursued before the Lords of their Majesties privy Councill at the instance of John McCulloch oyl and air at least appearand air to the deceast Hendry McCulloch his uncle with Concourse of Sir James Stewart their majesties advocat for their highnes intrest in the matter underwritten Making Mention That albeit that by the Lawes and acts of this and all weell governed Kingdomes and Comonwealths the violent and masterfull intruding into other mens houses who are in the Lawfull natural and peacable possessione therof and the stocking and quenshing out of their fyyres by watter by watter2 and kindling of the same of new againe in the name and behalf of the intruder by force and violence without order of Law and threatning and minacing the tenents who hade formerly still been in peacable possessione by tacks or warrand from their former masters and the threatning of them to disoune their former masters and to acknowledge only the Intruder and oppressour as their true master under sever Certificationes if they doe otherwayes and particularly by the Civill Law the intruding into the possessione of a persone lately dead before the entrie and possessione of the appearand air are Crymes of a high nature and severly punished and expressly discharged by the title de Crimie expilate hereditatis yet true it is that the said deceast John McCulloch of Barholme goodsire to the said pursuer dureing all the dayes of his Lifetime and after his Decease the said Hendry McCulloch eldest sone to the said John McCulloch and uncle to the said pursuer dureing his lifetime also did peacably bruik Joy and possess the Lands of Longmollne Lying within the parochin of Annwoth and Stewartrie of Kirkcudbright be themselves and their tenents in ther name as their oun proper heritadge and possessione without the least disturbance nevertheless It is of verity That Robert Gordon of Barharrow haveing shaken of all fear of God Regaird to the saids Lawes and comon3 mortality among man kynd did come upon the fiftein day of may Last by past (which wes the very same day that Hendry McCulloch late of Barholme was buried) to the house of Thomas Carnochin, William Bell, Jannet Cuninghame Thomas Haggart tennents in Lagganmellen and he and his accomplices did unshutt the doors and enter the houses of the saids tennents in ane hostile maner at the precise times they were at their masters buriall and in a hectoring and minaceing maner stoakned out their fyres and kendled them in his oun name and vowed and protested that if they ouned any other persone then 4 himself he would doe them a mischief and upon the Contrair promised them ane ease if they would oune him and disoune the said pursuer as ther masters who has right therto, and as appearand air forsaid so gross was his violence and Oppression That Imediatly therafter he went to the saids lands of Logganmellen and Cutted doune the planting and growing timber therof and frequently since syne has done the same Wherby he will destroy the haill growing timber upon the Land if he be supposed 5 to Continue so to doe, and by the forsaid violence done to the tenents will Cast the Land waist Wherthrow the said Robert Gordon is Guilty of ane high and manifast Ryot and oppressione of the Leidges and ought and should not only to be severly punished in his persone and goods to the terror of others to Comitt the like in time comeing But Likewayes ought to be ordained by sentance of the Lords of privy Councill before he be suffered to pass from the barr to find suficient Cautione not to disturb the said pursuer or his tennants in time comeing otherwayes then be order of Law under the paine of five thousand merks scots And Anent the Charge given to the saids defenders to have Compeired personally before the saids Lords at ane Certain day now bygone To answer to the points of the above Complaint and to have heard and seen such orders Course taken theranent as the saids Lords should think fitt under the pain of Rebellion and as at more length is Contained in the principall letters or Complaint and executiones therof at more length is Contained Which Lybell being Called this day in presence of the saids Lords of their majesties privy Councill and the pursuer Compeiring personally with Sir James Ogilvie and Mr Alexander Ferguson his advocats And the defenders Compeiring alsoe personally with Mr David Cuninghame his advocat and both parties being fully heard The saids Lords haveing Considered the forsaid Lybell and answers made therto for the defender They heirby Remitt the matter Lybelled to be insisted in and determined by the Judge ordinary as accords of Law.

Edinburgh the Fourth day of December Jaj vjc nyntie four years

D1694/12/21

Procedure

Remitt M’Culloch contra Gordon of Barricharow

Anent the Letters or Complaint raised and pursued before the Lords of their Majesties privy Councill at the instance of John McCulloch oyl and air at least appearand air to the deceast Hendry McCulloch his uncle with Concourse of Sir James Stewart their majesties advocat for their highnes intrest in the matter underwritten Making Mention That albeit that by the Lawes and acts of this and all weell governed Kingdomes and Comonwealths the violent and masterfull intruding into other mens houses who are in the Lawfull natural and peacable possessione therof and the stocking and quenshing out of their fyyres by watter by watter2 and kindling of the same of new againe in the name and behalf of the intruder by force and violence without order of Law and threatning and minacing the tenents who hade formerly still been in peacable possessione by tacks or warrand from their former masters and the threatning of them to disoune their former masters and to acknowledge only the Intruder and oppressour as their true master under sever Certificationes if they doe otherwayes and particularly by the Civill Law the intruding into the possessione of a persone lately dead before the entrie and possessione of the appearand air are Crymes of a high nature and severly punished and expressly discharged by the title de Crimie expilate hereditatis yet true it is that the said deceast John McCulloch of Barholme goodsire to the said pursuer dureing all the dayes of his Lifetime and after his Decease the said Hendry McCulloch eldest sone to the said John McCulloch and uncle to the said pursuer dureing his lifetime also did peacably bruik Joy and possess the Lands of Longmollne Lying within the parochin of Annwoth and Stewartrie of Kirkcudbright be themselves and their tenents in ther name as their oun proper heritadge and possessione without the least disturbance nevertheless It is of verity That Robert Gordon of Barharrow haveing shaken of all fear of God Regaird to the saids Lawes and comon3 mortality among man kynd did come upon the fiftein day of may Last by past (which wes the very same day that Hendry McCulloch late of Barholme was buried) to the house of Thomas Carnochin, William Bell, Jannet Cuninghame Thomas Haggart tennents in Lagganmellen and he and his accomplices did unshutt the doors and enter the houses of the saids tennents in ane hostile maner at the precise times they were at their masters buriall and in a hectoring and minaceing maner stoakned out their fyres and kendled them in his oun name and vowed and protested that if they ouned any other persone then 4 himself he would doe them a mischief and upon the Contrair promised them ane ease if they would oune him and disoune the said pursuer as ther masters who has right therto, and as appearand air forsaid so gross was his violence and Oppression That Imediatly therafter he went to the saids lands of Logganmellen and Cutted doune the planting and growing timber therof and frequently since syne has done the same Wherby he will destroy the haill growing timber upon the Land if he be supposed 5 to Continue so to doe, and by the forsaid violence done to the tenents will Cast the Land waist Wherthrow the said Robert Gordon is Guilty of ane high and manifast Ryot and oppressione of the Leidges and ought and should not only to be severly punished in his persone and goods to the terror of others to Comitt the like in time comeing But Likewayes ought to be ordained by sentance of the Lords of privy Councill before he be suffered to pass from the barr to find suficient Cautione not to disturb the said pursuer or his tennants in time comeing otherwayes then be order of Law under the paine of five thousand merks scots And Anent the Charge given to the saids defenders to have Compeired personally before the saids Lords at ane Certain day now bygone To answer to the points of the above Complaint and to have heard and seen such orders Course taken theranent as the saids Lords should think fitt under the pain of Rebellion and as at more length is Contained in the principall letters or Complaint and executiones therof at more length is Contained Which Lybell being Called this day in presence of the saids Lords of their majesties privy Councill and the pursuer Compeiring personally with Sir James Ogilvie and Mr Alexander Ferguson his advocats And the defenders Compeiring alsoe personally with Mr David Cuninghame his advocat and both parties being fully heard The saids Lords haveing Considered the forsaid Lybell and answers made therto for the defender They heirby Remitt the matter Lybelled to be insisted in and determined by the Judge ordinary as accords of Law.

1. NRS, PC2/25, 100v-101v.

2. Sic.

3. Insertion.

4. One illegible word scored out here.

5. The word ‘so’ scored out here.

1. NRS, PC2/25, 100v-101v.

2. Sic.

3. Insertion.

4. One illegible word scored out here.

5. The word ‘so’ scored out here.

Sederunt, 4 December 1694, Edinburgh

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Edinburgh the Fourth day of December Jaj vjc nyntie four years1

D1694/12/12

Sederunt

Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Leven; Earl of Anandale preces; Earl of Forfar; Earl of Brodalbine; Lord Raith Td; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Hatton; Mr Fra: Montgomry; Laird of Stivenson; Laird of Leyes; Laird of Pollock; Sir John Hall

Edinburgh the Fourth day of December Jaj vjc nyntie four years1

D1694/12/12

Sederunt

Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Leven; Earl of Anandale preces; Earl of Forfar; Earl of Brodalbine; Lord Raith Td; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Hatton; Mr Fra: Montgomry; Laird of Stivenson; Laird of Leyes; Laird of Pollock; Sir John Hall

1. NRS, PC2/25, 100r.

2. NRS, PC2/25, 100r.

1. NRS, PC2/25, 100r.

2. NRS, PC2/25, 100r.

Act, 28 December 1693, Edinburgh

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Att Edinburgh the Twentie Eight day of December Jaj vjc nyntie thrie

D1693/12/381

Act

Act Forbes of Brux

Anent a petitione given in to the Lords of ther Majesties privy Councill be Arthur Forbes of Brux Shewing That quher upon the thrid day of Aprill Jaj vjc nyntie years the petitioners eldest sone Robert Forbes haveing gone to the house of Innercald to gett information of some theives and robbers who hade Committed ane depredatione upon ane part of the petitioners lands bot in his returne to the petitioners house Lauchlan Ranaldach in Carriemylne Donald Ronaldach sone to Lauchlan Ronaldach in Crathiborie, Robert and Allister Mcinveigs in Innercauld sones to Allister Mcinveig their John Ronaldach brother to Lauchlan Ronaldach in Carriemuylne Lauchlan Ronaldach Sone to Robert Ronaldach in Innverchandick John Mcgregor sone to Gregor Mcgregor in Innercauld, James Ewan alias Mcgilvie in Allquaich did Lay themselves in ambush for him and as he past throw ane litle wood they did most barbarously and inhumanely fall upon him2 and murder him, Wherupon the petitioner did cause persew the saids murderers before the baillie of the regalitie of Killdrimie and they not haveing appeared being Conscious of their oun guilt, They were Declared fugatives and since that time the petitioner hath been at vast charges and expences in prosecuteing of them and searching for them at the severall places wher they use to haunt, But all the petitioners endeavors have proven ineffectuall Because those who resettes them Judges themselves in no hazard In Respect that they are not yet intercomuned and letters of fyre and sword direct against them, And seing the petitioner instantly instructs that the saids murderers are Declared fugitives by the Decreet of fugitatione therwith produced and being inconsistant with the Justices of the natione that such barbarous and inhumane assassines should remaine unpunished And Therfore Humbly Craveing the saids Lords of their Majesties privy Councill Haveing Considered this petition given in to them be the above Arthur Forbes with the Lybell and executione therof and Decreet of fugitatione following theron before the baillie of the regalitie of Killrimie mentioned therin and produced with the said petitione They heirby give order and warrand to the Clerks of privy Councill to give out letters of intercomuneing against the haill persones therin named And the letters of intercomuneing being execute Gives Warrand and order to Androw Frazer of Killmundie shireff depute of Aberdeen and to the baillie deputs of the regalitie of Killdrimie to doe their outmost dilligence in searching for and apprehending of the saids persones that they may be brought to Justice And Recomends to Sir Thomas Livingstone Comander in Cheif of their majesties forces within this kingdome to give orders to their majesties forces nixt adjacent to the forsaids bounds to be concurring and assisting to the said shirreff and baillie deputs in searching for and apprehending of the saids rebells.

Att Edinburgh the Twentie Eight day of December Jaj vjc nyntie thrie

D1693/12/381

Act

Act Forbes of Brux

Anent a petitione given in to the Lords of ther Majesties privy Councill be Arthur Forbes of Brux Shewing That quher upon the thrid day of Aprill Jaj vjc nyntie years the petitioners eldest sone Robert Forbes haveing gone to the house of Innercald to gett information of some theives and robbers who hade Committed ane depredatione upon ane part of the petitioners lands bot in his returne to the petitioners house Lauchlan Ranaldach in Carriemylne Donald Ronaldach sone to Lauchlan Ronaldach in Crathiborie, Robert and Allister Mcinveigs in Innercauld sones to Allister Mcinveig their John Ronaldach brother to Lauchlan Ronaldach in Carriemuylne Lauchlan Ronaldach Sone to Robert Ronaldach in Innverchandick John Mcgregor sone to Gregor Mcgregor in Innercauld, James Ewan alias Mcgilvie in Allquaich did Lay themselves in ambush for him and as he past throw ane litle wood they did most barbarously and inhumanely fall upon him2 and murder him, Wherupon the petitioner did cause persew the saids murderers before the baillie of the regalitie of Killdrimie and they not haveing appeared being Conscious of their oun guilt, They were Declared fugatives and since that time the petitioner hath been at vast charges and expences in prosecuteing of them and searching for them at the severall places wher they use to haunt, But all the petitioners endeavors have proven ineffectuall Because those who resettes them Judges themselves in no hazard In Respect that they are not yet intercomuned and letters of fyre and sword direct against them, And seing the petitioner instantly instructs that the saids murderers are Declared fugitives by the Decreet of fugitatione therwith produced and being inconsistant with the Justices of the natione that such barbarous and inhumane assassines should remaine unpunished And Therfore Humbly Craveing the saids Lords of their Majesties privy Councill Haveing Considered this petition given in to them be the above Arthur Forbes with the Lybell and executione therof and Decreet of fugitatione following theron before the baillie of the regalitie of Killrimie mentioned therin and produced with the said petitione They heirby give order and warrand to the Clerks of privy Councill to give out letters of intercomuneing against the haill persones therin named And the letters of intercomuneing being execute Gives Warrand and order to Androw Frazer of Killmundie shireff depute of Aberdeen and to the baillie deputs of the regalitie of Killdrimie to doe their outmost dilligence in searching for and apprehending of the saids persones that they may be brought to Justice And Recomends to Sir Thomas Livingstone Comander in Cheif of their majesties forces within this kingdome to give orders to their majesties forces nixt adjacent to the forsaids bounds to be concurring and assisting to the said shirreff and baillie deputs in searching for and apprehending of the saids rebells.

1. NRS, PC2/24, 305v-306r.

2. The word ‘where’ scored out here.

1. NRS, PC2/24, 305v-306r.

2. The word ‘where’ scored out here.

Act, 28 December 1693, Edinburgh

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Att Edinburgh the Twentie Eight day of December Jaj vjc nyntie thrie

D1693/12/371

Act

Act Burnet of Craigmyll and other Creditors of Drum

Anent a Petition given in to the Lords of their Majesties privy Councill be Sir Alexander Burnett of Craigmyll, Mr George Alexander of Pappermylne advocat, Mr James Lessly advocat, Mr William Thomsone writter to the signet William Wilsone writter in Edinburgh, and in name and behalf of the remanent Creditors to the deceast Laird of Drum Contained in the List therwith produced Shewing That quher the petitioners being Creditors to the decast Laird of Drumm did for some time after his decease Recover payment of the annualrents from the factors and administrators of the said estate of Drum Bot lately within these few years not only the petitioners bot most of the Creditors not haveing gott ther annualrents, all of the them were necessitate to lead adjudicationes yet notwithstanding therof They have not been able to recover their annualrents, And the reasones given in by the administrators therfore Is that the publict burdeins ministers stipends and infeftinents upon the said estate and six Thousand merks of annuity modified to be payed to the present Laird, These rents are so farr exhausted That they are not able near to pay the petitioners ther annualrents, The petitioners humbly Crave Libertie to represent primo, That it is most unjust That the Laird of Drum who is the Comon debitor should be suffered to enjoy six thousand merks of Annuity which is better then Eight thousand merks otherwayes pay’d And the petitioners the Lawfull Creditors and ajudges frustrat and postponed from the payment of their principall and annualrents secundo Its certainly not only the petitioners intrest Bot the intrest of all that wish the standing of the honorable family that annualrents be payed least the debts should farder increase and at last consume the wholl fortune which they will infaliblie doe if the Lairds aliement be not modified to such ane Competency as the fortune can bear, And Therfore Humbly Craveing the saids Lords would take the petitioners ther case to ther Consideratione and either declare the aliement should only be payed Out of what remaines after payment of the annualrents Or else Remitt to the Lords of Session sumarly to Consider the Circumstances of the familly and to modifie and restrict the Lairds aliement as they shall see cause as the petition bears The Lord of their majesties privy Councill haveing Considered this petitione given in to them be the above Sir Alexander Burnet, Mr George Alexander Mr James Lessly, Mr William Thomsone and William Wilsone for themselves and in name and behalf of Francis Irvine brother to Lairney Mr Robert Cults in Cullarly William Bissett ther, Alexander Irvine in Glashill Mr Robert Douglas late bishope of Dumblaine, Mr Lues Dunlope minister at Schoone Robert Gordon in Tillilodge, Alexander Lessly in Pitcapable Mr David Lindsay minister of Drunaick William Frazer in Fittie, Mr Robert Irvine of Cults, Mr Robert Irvine minister at Glenbervie Patrick Gordon sometime in Kincragie […] of Artanfoord […] of Learny, Androw Straitton appothecary of Montross Mr Robert Lauder all Creditors to the deceast Laird of Drum, They heirby Remitt to the Lords of Councill and session To Consider the subject matter of the petition as to the aliment therinmentioned, And to modifie and restrict the same as they shall find Just.

Att Edinburgh the Twentie Eight day of December Jaj vjc nyntie thrie

D1693/12/371

Act

Act Burnet of Craigmyll and other Creditors of Drum

Anent a Petition given in to the Lords of their Majesties privy Councill be Sir Alexander Burnett of Craigmyll, Mr George Alexander of Pappermylne advocat, Mr James Lessly advocat, Mr William Thomsone writter to the signet William Wilsone writter in Edinburgh, and in name and behalf of the remanent Creditors to the deceast Laird of Drum Contained in the List therwith produced Shewing That quher the petitioners being Creditors to the decast Laird of Drumm did for some time after his decease Recover payment of the annualrents from the factors and administrators of the said estate of Drum Bot lately within these few years not only the petitioners bot most of the Creditors not haveing gott ther annualrents, all of the them were necessitate to lead adjudicationes yet notwithstanding therof They have not been able to recover their annualrents, And the reasones given in by the administrators therfore Is that the publict burdeins ministers stipends and infeftinents upon the said estate and six Thousand merks of annuity modified to be payed to the present Laird, These rents are so farr exhausted That they are not able near to pay the petitioners ther annualrents, The petitioners humbly Crave Libertie to represent primo, That it is most unjust That the Laird of Drum who is the Comon debitor should be suffered to enjoy six thousand merks of Annuity which is better then Eight thousand merks otherwayes pay’d And the petitioners the Lawfull Creditors and ajudges frustrat and postponed from the payment of their principall and annualrents secundo Its certainly not only the petitioners intrest Bot the intrest of all that wish the standing of the honorable family that annualrents be payed least the debts should farder increase and at last consume the wholl fortune which they will infaliblie doe if the Lairds aliement be not modified to such ane Competency as the fortune can bear, And Therfore Humbly Craveing the saids Lords would take the petitioners ther case to ther Consideratione and either declare the aliement should only be payed Out of what remaines after payment of the annualrents Or else Remitt to the Lords of Session sumarly to Consider the Circumstances of the familly and to modifie and restrict the Lairds aliement as they shall see cause as the petition bears The Lord of their majesties privy Councill haveing Considered this petitione given in to them be the above Sir Alexander Burnet, Mr George Alexander Mr James Lessly, Mr William Thomsone and William Wilsone for themselves and in name and behalf of Francis Irvine brother to Lairney Mr Robert Cults in Cullarly William Bissett ther, Alexander Irvine in Glashill Mr Robert Douglas late bishope of Dumblaine, Mr Lues Dunlope minister at Schoone Robert Gordon in Tillilodge, Alexander Lessly in Pitcapable Mr David Lindsay minister of Drunaick William Frazer in Fittie, Mr Robert Irvine of Cults, Mr Robert Irvine minister at Glenbervie Patrick Gordon sometime in Kincragie […] of Artanfoord […] of Learny, Androw Straitton appothecary of Montross Mr Robert Lauder all Creditors to the deceast Laird of Drum, They heirby Remitt to the Lords of Councill and session To Consider the subject matter of the petition as to the aliment therinmentioned, And to modifie and restrict the same as they shall find Just.

1. NRS, PC2/24, 304v-305r.

1. NRS, PC2/24, 304v-305r.

Act, 28 December 1693, Edinburgh

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Att Edinburgh the Twentie Eight day of December Jaj vjc nyntie thrie

D1693/12/361

Act

Act In favors of the Lairds of Auchinbreck Arkindlas and Carrick.

Anent a Petition given in to the Lords of their Majesties privy Councill be Sir Duncan Campbell of Auchinbreck Sir Collin Campbell of Arckindlass and Sir John Campbell of Carrick Shewing That quher the said Sir Duncan Campbell and Sir John Campbell haveing served and attended as Commissioners of parliament from the shyre of Argyll dureing the sitting of the meeting of the estates and the thrie subsequent sessiones of parliament And alse the said Sir Collin and John Campbells Did serve and attend as Commissioners for the said shyre dureing the sitting of the Fourth and last sessione of parliament as their respective Declarationes under the hand of the Clerk register theirwith produced bears and Wheras by the thretie fifth act of the first parliament of King Charles the 2d It is appoyted that all executione of horning poynding and quartering is to pass at the Commissioners of parliament their instance against freeholders heritors and lyfrenters holding of the king and prince (excepting Noblemen and their vassells) For payment of their Commissioners fies in the samen maner as is allowed for raiseing of the excyse, and the petitioners being at great expences in attending as said is, and ther being no other way wherby they may recover their Commissioner fies for their respective intrests abovementioned bot by quartering for the soume And Therfore humbly supplicating the saids Lords to the effect aftermentioned as the petitione more fully bears The Lords of their Majesties privy Councill haveing Considered this petitione given in to them be the above Sir Duncan Campbell Sir Collin Campbill and Sir John Campbell with the Declarationes under the hand of the Lord Clerk Register mentioned therin and produced therwith They heirby Recomend to Sir Thomas Liveingstoune Commander in Cheiff of their majesties forces within this kingdome TO Grant to the petitioners a partie for quartering for the Commissioners fies due to them Conforme to their respective Declarationes and testificats abovementioned, The saids fies being first proportioned and laid on upon the free holders heritors and Lyfrenters holding of the king and prince Excepting noblemen and ther vassells conforme to the act of parliament.

Att Edinburgh the Twentie Eight day of December Jaj vjc nyntie thrie

D1693/12/361

Act

Act In favors of the Lairds of Auchinbreck Arkindlas and Carrick.

Anent a Petition given in to the Lords of their Majesties privy Councill be Sir Duncan Campbell of Auchinbreck Sir Collin Campbell of Arckindlass and Sir John Campbell of Carrick Shewing That quher the said Sir Duncan Campbell and Sir John Campbell haveing served and attended as Commissioners of parliament from the shyre of Argyll dureing the sitting of the meeting of the estates and the thrie subsequent sessiones of parliament And alse the said Sir Collin and John Campbells Did serve and attend as Commissioners for the said shyre dureing the sitting of the Fourth and last sessione of parliament as their respective Declarationes under the hand of the Clerk register theirwith produced bears and Wheras by the thretie fifth act of the first parliament of King Charles the 2d It is appoyted that all executione of horning poynding and quartering is to pass at the Commissioners of parliament their instance against freeholders heritors and lyfrenters holding of the king and prince (excepting Noblemen and their vassells) For payment of their Commissioners fies in the samen maner as is allowed for raiseing of the excyse, and the petitioners being at great expences in attending as said is, and ther being no other way wherby they may recover their Commissioner fies for their respective intrests abovementioned bot by quartering for the soume And Therfore humbly supplicating the saids Lords to the effect aftermentioned as the petitione more fully bears The Lords of their Majesties privy Councill haveing Considered this petitione given in to them be the above Sir Duncan Campbell Sir Collin Campbill and Sir John Campbell with the Declarationes under the hand of the Lord Clerk Register mentioned therin and produced therwith They heirby Recomend to Sir Thomas Liveingstoune Commander in Cheiff of their majesties forces within this kingdome TO Grant to the petitioners a partie for quartering for the Commissioners fies due to them Conforme to their respective Declarationes and testificats abovementioned, The saids fies being first proportioned and laid on upon the free holders heritors and Lyfrenters holding of the king and prince Excepting noblemen and ther vassells conforme to the act of parliament.

1. NRS, PC2/24, 304r-304v.

1. NRS, PC2/24, 304r-304v.

Act, 28 December 1693, Edinburgh

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Att Edinburgh the Twentie Eight day of December Jaj vjc nyntie thrie

D1693/12/351

Act

Act The Countrie Fleshers Against The Candlmakers of Edinburgh

Anent a Petition given in to the Lords of their Majesties privy Councill be the Fleshers within the parishins of Musleburgh and Dalkeith for themselves and in name of the remanent fleshers in the adjacent Countrey parishes and places of the good toune of Edinburgh Shewing That quher it has been the prudent Designe of the government and of severall preceiding parliaments to disolve the mono-poly of such trads and incorporationes, whose Imployments did tend to the more Imediat sustinance of mankind to the effect ther might be ane frie exercise of these Imployments by all such tradsmen for the equall advantage of their majesties leidges, And that these necessaries for the support of man might be sold at ane equall and adequat pryce And albeit this so publict and Designe has not hitherto taken its wished and desyred effect, yet in relatione to the priviledge of Importing of Flesh upon the thrie Marcat dayes in the week to the good toune of Edinburgh ther has been ane Immemoriall Libertie and priviledges in favors of the petitioners and their predecessors in the freedome and optione of the Importers, which has hade this farr wished event that it has keiped ane equall ballance as to the pryce of both of Flesh Candle and leather, wher the disposall of these Commoditities of which Candle and leather are made was made to the free opportunity and occasione of all in these Imployments whither Liveing in the good toune or Countrey And albeit this freedome and priviledge be founded upon Immemoriall consuetude and possessione which of its self as the force of ane Laid, yet the petitioners are informed that the magistrats and Councill of the good toune of Edinburgh have at their oun hand lately made ane act Discharging all Countrey Fleshers to Import any Flesh into the good toune upon the said marcat dayes, Unles the Tallow at the same time be also brought in and the hydes likewayes which is obviouse to have proceided throw the pressing Importunity of the Candmakers and Tanners of designe to appropriate the sale to themselves of these Comodities at what rate they please, And therby not only to enslave the Countrey Fleshers by robbing them of the freedome of their trade, which without all Controll they have hitherto exerced, Bot likewayes by ane necessary Consequence therby designeing to ruine all the Countrey Candlmakers and Tanners and make ane monoply of the making of Candle and leather within the said good toune and as this their designe and act of the toune Councill upon which the same is founded in all due submission seem to be Contrare to law, and is attended with many Other inconveniencies that will therby inevitably arise to the Countrey fleshers, wherof it is not needfull to give the Saids Lords ane repetition; so the inconveniencie and prejudice that therupon will ensue to their majesties leidges is bot too obvious by raiseing the pryce of Candle and leather at the pleasure of those who designes this monopoly throw forceing the Import of the hydes and tallow, and of presenting them once to the Marcat so as these Commodities most Lye, (if not disposed off at what rates shall be offered therfore) till by perishing or spoilling they become of litle or no value to the utter ruine of the poor Countrey Fleshers Candlemakers and Tanners Which necessitates the petitioners in this exigency to make applicatione to the saids Lords in order to ane legall redress And Therfore humbly Craveing the saids Lords would take the petitioners case to their Serious Consideratione and will make inquyry in the premises and how farr this act of the toune of Edinburgh and the arbitrary practise of the Candlmakers and Tanners wherin the good toune against the Countrey Fleshers is ane incroachment upon that priviledge quherin they are founded by Law, and which if Tollerat to come to any greater hight will tend not only to the ruine of the Countrey Fleshers Candlmakers and Tanners But will necessarly be very prejudiciall to all their majesties leidges that frequents the good toune, And that the Lords would Lay doune such for the future as may adjust all differences in relatione to the premises and in the mean time will put ane stop to any legall executione upon the said act and Continue the suplicants petitione as formerly and if any any2 deficulty occurr to the saids Lords in the affair That the Lords would allow ane hearing in ther oun presence of the petitioners by their procurators as the petitione bears The Lords of their majesties privy Councill haveing Considered a petitione given in to them be the Fleshers within the parishens of Muslburgh and Dalkeith for them selves and in name of the remanent Fleshers in the adjacent Countrey parishes and planes to the good toune of Edinburgh and answers therto be the toune of Edinburgh Tanners and Fleshers therof and both parties being called The petitioners Compeiring be Mr John Meinzies their advocat and the toune of Edinburgh Tanners and Fleshers therof Compeiring be Sir James Ogilvie The petitioners advocat Declared that in so farr as relates to the Tanners of Edinburgh he passes from that part of the bill and insists only against the Candlemakers Which the said Sir James Ogilvie Desyred to be marked The saids Lords of privy Councill haveing Considered the petition and answers made therto In so farr as relates to the Candlemakers only with the act of the toune Councill of Edinburgh of the date the twentie seventh day of september last Wherby It is statute and ordained that in all time comeing the Countrey Fleshers and others who bring in their Flesh to the marcat dayes shall heirafter be oblidged to bring in their rouch Tallow to be sold the saids marcat dayes with the flesh and that to the freemen Candlemakers and burgeses of Edinburgh and to non others till they be served under a certaine penalty They have Discharged and annulled and heirby Discharges and annulls the said act of the toune Councill of Edinburgh In so farr as concernes the Candlemakers and burgesses of Edinburgh and Continues the Countrey fleshers in their possession as formerly as to their Tallow notwithstanding of the said act.

Att Edinburgh the Twentie Eight day of December Jaj vjc nyntie thrie

D1693/12/351

Act

Act The Countrie Fleshers Against The Candlmakers of Edinburgh

Anent a Petition given in to the Lords of their Majesties privy Councill be the Fleshers within the parishins of Musleburgh and Dalkeith for themselves and in name of the remanent fleshers in the adjacent Countrey parishes and places of the good toune of Edinburgh Shewing That quher it has been the prudent Designe of the government and of severall preceiding parliaments to disolve the mono-poly of such trads and incorporationes, whose Imployments did tend to the more Imediat sustinance of mankind to the effect ther might be ane frie exercise of these Imployments by all such tradsmen for the equall advantage of their majesties leidges, And that these necessaries for the support of man might be sold at ane equall and adequat pryce And albeit this so publict and Designe has not hitherto taken its wished and desyred effect, yet in relatione to the priviledge of Importing of Flesh upon the thrie Marcat dayes in the week to the good toune of Edinburgh ther has been ane Immemoriall Libertie and priviledges in favors of the petitioners and their predecessors in the freedome and optione of the Importers, which has hade this farr wished event that it has keiped ane equall ballance as to the pryce of both of Flesh Candle and leather, wher the disposall of these Commoditities of which Candle and leather are made was made to the free opportunity and occasione of all in these Imployments whither Liveing in the good toune or Countrey And albeit this freedome and priviledge be founded upon Immemoriall consuetude and possessione which of its self as the force of ane Laid, yet the petitioners are informed that the magistrats and Councill of the good toune of Edinburgh have at their oun hand lately made ane act Discharging all Countrey Fleshers to Import any Flesh into the good toune upon the said marcat dayes, Unles the Tallow at the same time be also brought in and the hydes likewayes which is obviouse to have proceided throw the pressing Importunity of the Candmakers and Tanners of designe to appropriate the sale to themselves of these Comodities at what rate they please, And therby not only to enslave the Countrey Fleshers by robbing them of the freedome of their trade, which without all Controll they have hitherto exerced, Bot likewayes by ane necessary Consequence therby designeing to ruine all the Countrey Candlmakers and Tanners and make ane monoply of the making of Candle and leather within the said good toune and as this their designe and act of the toune Councill upon which the same is founded in all due submission seem to be Contrare to law, and is attended with many Other inconveniencies that will therby inevitably arise to the Countrey fleshers, wherof it is not needfull to give the Saids Lords ane repetition; so the inconveniencie and prejudice that therupon will ensue to their majesties leidges is bot too obvious by raiseing the pryce of Candle and leather at the pleasure of those who designes this monopoly throw forceing the Import of the hydes and tallow, and of presenting them once to the Marcat so as these Commodities most Lye, (if not disposed off at what rates shall be offered therfore) till by perishing or spoilling they become of litle or no value to the utter ruine of the poor Countrey Fleshers Candlemakers and Tanners Which necessitates the petitioners in this exigency to make applicatione to the saids Lords in order to ane legall redress And Therfore humbly Craveing the saids Lords would take the petitioners case to their Serious Consideratione and will make inquyry in the premises and how farr this act of the toune of Edinburgh and the arbitrary practise of the Candlmakers and Tanners wherin the good toune against the Countrey Fleshers is ane incroachment upon that priviledge quherin they are founded by Law, and which if Tollerat to come to any greater hight will tend not only to the ruine of the Countrey Fleshers Candlmakers and Tanners But will necessarly be very prejudiciall to all their majesties leidges that frequents the good toune, And that the Lords would Lay doune such for the future as may adjust all differences in relatione to the premises and in the mean time will put ane stop to any legall executione upon the said act and Continue the suplicants petitione as formerly and if any any2 deficulty occurr to the saids Lords in the affair That the Lords would allow ane hearing in ther oun presence of the petitioners by their procurators as the petitione bears The Lords of their majesties privy Councill haveing Considered a petitione given in to them be the Fleshers within the parishens of Muslburgh and Dalkeith for them selves and in name of the remanent Fleshers in the adjacent Countrey parishes and planes to the good toune of Edinburgh and answers therto be the toune of Edinburgh Tanners and Fleshers therof and both parties being called The petitioners Compeiring be Mr John Meinzies their advocat and the toune of Edinburgh Tanners and Fleshers therof Compeiring be Sir James Ogilvie The petitioners advocat Declared that in so farr as relates to the Tanners of Edinburgh he passes from that part of the bill and insists only against the Candlemakers Which the said Sir James Ogilvie Desyred to be marked The saids Lords of privy Councill haveing Considered the petition and answers made therto In so farr as relates to the Candlemakers only with the act of the toune Councill of Edinburgh of the date the twentie seventh day of september last Wherby It is statute and ordained that in all time comeing the Countrey Fleshers and others who bring in their Flesh to the marcat dayes shall heirafter be oblidged to bring in their rouch Tallow to be sold the saids marcat dayes with the flesh and that to the freemen Candlemakers and burgeses of Edinburgh and to non others till they be served under a certaine penalty They have Discharged and annulled and heirby Discharges and annulls the said act of the toune Councill of Edinburgh In so farr as concernes the Candlemakers and burgesses of Edinburgh and Continues the Countrey fleshers in their possession as formerly as to their Tallow notwithstanding of the said act.

1. NRS, PC2/24, 302v-304r.

2. Sic.

1. NRS, PC2/24, 302v-304r.

2. Sic.

Warrant, 28 December 1693, Edinburgh

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Att Edinburgh the Twentie Eight day of December Jaj vjc nyntie thrie

D1693/12/341

Warrant

Warrand for Citatione The Toune of Dingwall and Act

Anent the Petition given in to the Lords of their majesties privy Councill be the magistrats and toune Councill of the burgh of Dingwall Shewing That the said toune haveing been in possessione these hundreds of years of a Fair on the second day of February and some dayes therafter which is also one of their cheif common goods and is very advantageous to the2 adjacent Countreyes yet the nighbouring burgh of Innerness hath contrare to all Law and Justice in emulationem vicini upon pretence of some new gift or old latent on surreptitiously procured, proclamed a fair to be keept at the very same time in their burgh, and likewayes have insolently prohibit all their inhabitants under severr penalties to frequent the fair of Dingwall contrare to Law and the freedome of the people which will occasion a great Loss to the burgh of Dingwall and the adjacent shyres unles the same be timeously prevented by the saids Lords mantaineing the toune of Dingwall in their possession which is so Illegally disturbed And Therfore humbly Craveing the saids Lords to prohibit the toune of Innverness to put themselves thus sumarly in possessione of a new fair on the dayes pertaineing to Dingwall by Right and possessione and to recall their Illegall edict at least to stop the holding of any such new fair untill the matter be tryed before the saids Lords as the forsaid petitione more fully bears. The Lords of their majesties privy Councill haveing Considered this petition given in to them be the above magistrats and Councill of Dingwall They heirby ordaine letters to be direct at the petitioners instance for Citeing the magistrats of Innverness To Compeir before their Lordships and answer to the points of the petition upon the Twentie fifth day of January Jaj vjc nyntie four years with Certificatione etc And Grants warrand for Citeing of witnesses And allowes any two of the Magistrats of Dingwall as persuers and any two of the magistrats of Innverness as defenders To Compeir in name of the haill pursuers and defenders respective, The magistrats of Innvernes defenders Compeiring allwayes cisting themselves for the haill defenders3 and becomeing bound that they shall defenders magistrates and toune Councill of Innverness shall obtempor and fulfill the sentance of Councill which shall be pronunced in the said matter against them.

Att Edinburgh the Twentie Eight day of December Jaj vjc nyntie thrie

D1693/12/341

Warrant

Warrand for Citatione The Toune of Dingwall and Act

Anent the Petition given in to the Lords of their majesties privy Councill be the magistrats and toune Councill of the burgh of Dingwall Shewing That the said toune haveing been in possessione these hundreds of years of a Fair on the second day of February and some dayes therafter which is also one of their cheif common goods and is very advantageous to the2 adjacent Countreyes yet the nighbouring burgh of Innerness hath contrare to all Law and Justice in emulationem vicini upon pretence of some new gift or old latent on surreptitiously procured, proclamed a fair to be keept at the very same time in their burgh, and likewayes have insolently prohibit all their inhabitants under severr penalties to frequent the fair of Dingwall contrare to Law and the freedome of the people which will occasion a great Loss to the burgh of Dingwall and the adjacent shyres unles the same be timeously prevented by the saids Lords mantaineing the toune of Dingwall in their possession which is so Illegally disturbed And Therfore humbly Craveing the saids Lords to prohibit the toune of Innverness to put themselves thus sumarly in possessione of a new fair on the dayes pertaineing to Dingwall by Right and possessione and to recall their Illegall edict at least to stop the holding of any such new fair untill the matter be tryed before the saids Lords as the forsaid petitione more fully bears. The Lords of their majesties privy Councill haveing Considered this petition given in to them be the above magistrats and Councill of Dingwall They heirby ordaine letters to be direct at the petitioners instance for Citeing the magistrats of Innverness To Compeir before their Lordships and answer to the points of the petition upon the Twentie fifth day of January Jaj vjc nyntie four years with Certificatione etc And Grants warrand for Citeing of witnesses And allowes any two of the Magistrats of Dingwall as persuers and any two of the magistrats of Innverness as defenders To Compeir in name of the haill pursuers and defenders respective, The magistrats of Innvernes defenders Compeiring allwayes cisting themselves for the haill defenders3 and becomeing bound that they shall defenders magistrates and toune Councill of Innverness shall obtempor and fulfill the sentance of Councill which shall be pronunced in the said matter against them.

1. NRS, PC2/24, 302r-302v.

2. The letters ‘ir’ scored out here.

3. The words ‘Magistrats and toune Councill of Inverness shall alwayes’ scored out here.

1. NRS, PC2/24, 302r-302v.

2. The letters ‘ir’ scored out here.

3. The words ‘Magistrats and toune Councill of Inverness shall alwayes’ scored out here.

Sederunt, 28 December 1693, Edinburgh

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Att Edinburgh the Twentie Eight day of December Jaj vjc nyntie thrie1

D1693/12/332

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Anandale; Earl of Forfar; Viscount Tarbat; Lord Raith; Lord Polwarth; Lord Advocat; Lord Hatton; Lord Fountonhall; Lord Enstruther; Sir Thomas Livingstone

Att Edinburgh the Twentie Eight day of December Jaj vjc nyntie thrie1

D1693/12/332

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Anandale; Earl of Forfar; Viscount Tarbat; Lord Raith; Lord Polwarth; Lord Advocat; Lord Hatton; Lord Fountonhall; Lord Enstruther; Sir Thomas Livingstone

1. NRS, PC2/24, 302r.

2. NRS, PC2/24, 302r.

1. NRS, PC2/24, 302r.

2. NRS, PC2/24, 302r.

Act, 26 December 1693, Edinburgh

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Edinburgh the Twentie sixth day of December Jaj vjc nyntie thrie

D1693/12/321

Act

Act In favors of the Lady St Leonards for ane aliement

Anent a Petitione given in to the Lords of their St Leonards Shewing That quher her husband being Imployed as ane officer in his majesties Service he was necessitate to leave this kingdome and did intrust the managing of this affairs to Thorndykes and did grant him ane disposition to the rents of his lands dureing his lifetyme and did burdein the same with five hundred merks of yearly annuitie as ane aliement privision for my intertainment and quhich wes but very small and inconsiderable when it is Considered That I brought allong with me to his familly ane Considerable Soume of money besides ane lyfrent annutie of 1200 lbs yearly quhich he has uplifted and possessed since the time of our mariadge quhich wes about Eight years agoe and over and above he has ane seperat estate extending to ane thousand merks yearly rent and Thorniedykes having neglected to pay to me the forsaid soume the petitioner was therby redacted to great necessitie and was necessitate to give in ane petition to the saids Lords Craving that they might be pleased to apoint her ane aliement suitable to her husbands conditione But this was refused upon answers given in be Thorndykes quherin he alledged that her husband was owing debts extending to the 24000 merks Bot that he still protected he was willing of the saids Lords interposed ther authoritie to pay to her the 500 Merks Conforme to her husband Disposition But now he declynes even to doe this The petitioner does therfore humbly represent the saids Lords That it has been Constantly the Custome to modifie aliements to wifes when ther husbands treats them with the least severitie and heir by her husbands withdrawing and not Cohabiting with her and disponeing her estate to Thornydykes she is at the point of Starving and he having been now thrie years abroad she was Content to depone that she has not hade from him or his factor above thrie hundred merks scots dureing all the forsaid time neither is his estate possest by Creditors and it is so far from being true that his Debts doe extend to 24000 merks that he owes not above Eight at most and has ane seprat estate quhich is suficient for paying twyce alse much and that besyde her Joynture And seing I ame this Circumstantiat she could have no remieed but by the saids Lords Justice and Clemencie And Therfore humbly Supplicating to the effect aftermentioned The Lords of ther majesties privy Councill having Considered this petition given in them be the above Lady St Leonards which Mr Alexander Brown of Thorniedykes being allowed to see and answer gave in no answer therto with the factory Granted by the Ladies husband to the said Mr Alexander They ordaine the said Mr Androw Brown of Thorny-dykes To make payment to the petitioner of the soume of five hundred merks for the aliement of the petitioners and her familly yearly for all years since her husband went abroad and in time Comeing untill he returne dureing the continuance of the said factory the termes of payment being allwayes first come and bygone, And Ordaines the said Mr Alexander to enter her to the possession of the house yeards and parks of St Leonards with the baynes and Cariadges of the said estate and ane horss grass conforme to her husbands disposition or factorie and the saids Lords Declaires that this aliementary provision shall no wayes be Lyable to the Ladies husbands Creditors And ordaines letters of horning on 15 dayes and others needfull to be derect heiron under the Signet of Councill.

Edinburgh the Twentie sixth day of December Jaj vjc nyntie thrie

D1693/12/321

Act

Act In favors of the Lady St Leonards for ane aliement

Anent a Petitione given in to the Lords of their St Leonards Shewing That quher her husband being Imployed as ane officer in his majesties Service he was necessitate to leave this kingdome and did intrust the managing of this affairs to Thorndykes and did grant him ane disposition to the rents of his lands dureing his lifetyme and did burdein the same with five hundred merks of yearly annuitie as ane aliement privision for my intertainment and quhich wes but very small and inconsiderable when it is Considered That I brought allong with me to his familly ane Considerable Soume of money besides ane lyfrent annutie of 1200 lbs yearly quhich he has uplifted and possessed since the time of our mariadge quhich wes about Eight years agoe and over and above he has ane seperat estate extending to ane thousand merks yearly rent and Thorniedykes having neglected to pay to me the forsaid soume the petitioner was therby redacted to great necessitie and was necessitate to give in ane petition to the saids Lords Craving that they might be pleased to apoint her ane aliement suitable to her husbands conditione But this was refused upon answers given in be Thorndykes quherin he alledged that her husband was owing debts extending to the 24000 merks Bot that he still protected he was willing of the saids Lords interposed ther authoritie to pay to her the 500 Merks Conforme to her husband Disposition But now he declynes even to doe this The petitioner does therfore humbly represent the saids Lords That it has been Constantly the Custome to modifie aliements to wifes when ther husbands treats them with the least severitie and heir by her husbands withdrawing and not Cohabiting with her and disponeing her estate to Thornydykes she is at the point of Starving and he having been now thrie years abroad she was Content to depone that she has not hade from him or his factor above thrie hundred merks scots dureing all the forsaid time neither is his estate possest by Creditors and it is so far from being true that his Debts doe extend to 24000 merks that he owes not above Eight at most and has ane seprat estate quhich is suficient for paying twyce alse much and that besyde her Joynture And seing I ame this Circumstantiat she could have no remieed but by the saids Lords Justice and Clemencie And Therfore humbly Supplicating to the effect aftermentioned The Lords of ther majesties privy Councill having Considered this petition given in them be the above Lady St Leonards which Mr Alexander Brown of Thorniedykes being allowed to see and answer gave in no answer therto with the factory Granted by the Ladies husband to the said Mr Alexander They ordaine the said Mr Androw Brown of Thorny-dykes To make payment to the petitioner of the soume of five hundred merks for the aliement of the petitioners and her familly yearly for all years since her husband went abroad and in time Comeing untill he returne dureing the continuance of the said factory the termes of payment being allwayes first come and bygone, And Ordaines the said Mr Alexander to enter her to the possession of the house yeards and parks of St Leonards with the baynes and Cariadges of the said estate and ane horss grass conforme to her husbands disposition or factorie and the saids Lords Declaires that this aliementary provision shall no wayes be Lyable to the Ladies husbands Creditors And ordaines letters of horning on 15 dayes and others needfull to be derect heiron under the Signet of Councill.

1. NRS, PC2/24, 301r-301v.

1. NRS, PC2/24, 301r-301v.