Tag Archives: December

Act, 26 December 1693, Edinburgh

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Edinburgh the Twentie sixth day of December Jaj vjc nyntie thrie

D1693/12/311

Act

Act In Favors of the Viscount of Tarbatt

The Lords of their majesties privy Councill haveing Considered a petitione given in to them be George Viscount of Tarbat concerning the Lands seperat from Ross and annexed to the shire of Cromartie with the report of a Committie of their oun number to whom the Consideration of this matter was Remitted They ordaine the rentall produced with the said petitione which is signed by the Commissioners of Supply Clerk and Collector of Ross shyre bearing that the same is the valued rentall and rule of Publict burdeins for the lands belonging to the said Viscount or his wodd setters or which were or are liferented by his mother or mother in law to be insert and recorded in the books of privy Councill Followes the tenor of the forsaid rentall, The penult October Jaj vjc nyntie thrie List of George Viscount of Tarbat Lord Mccleod and Castlehaven etc. It is oun valuatione, The Lady Castlehaven his mother and Lady Maynes Lyferent Lands and the said Lord Tarbat his wodsetters valuations as in his vue within the Shyre of Ross And parochines therof respective underwritten Rosemarkie The said Lord Tarbat stands valued in the valuatione books of the said shire and paroch of Rossmarkie for twentie Eight2 punds nyntein shilling ten pences scots Inde twentie Eight pund nyntein shillings ten pennies, Foderlie The said Lord Tarbat Stands valued for himself and in vue of Cerry in the said shyre and parish of Foderlye at one Thousand four Hundred sixtie thrie punds fiftein shilling thrie punds fiftein shilling Item more he stands valued in the said parish for the mylne of use at two hundred punds, inde two Hundred punds Item more for the watter of Common at two hundred punds valued rent, Two hundred pund Lochbroom The said Lord Tarbatt for himself stands valued within the said shyre and parachin of Lochbroom Includeing the Lands of Greenheard Auchtascaldnish Wedd and Fannick and his oun part of Coygath at Eight hundred fiftie Eight pund threttein shilling four penies, Eight hundred fiftie Eight pund thretein shilling four penies Item more for his part of the few duties of Lochbroome at ane hundred punds, One hundred punds Alexander Mckenzie of Ardloch stands valued in the said parish as my Lords wodsetter at five hundred punds, Kincraig as wodsetteer of the lands of Auchinivie stands valued in the said parish at sixtie punds sixtie punds, Tarbat The said Lord Tarbat for himself stands valued in the said shyre and parish of Tarbat at Five hundred nynteen punds and in vue of Innerbreakie at sixtie punds, Five hundred seventie nyne punds The Lady Castle-haven stands valued in the said parish at Fourtein hundred fiftie thrie punds thretein shilling four penies, Fourtein hundred fiftie thrie pund thretein shilling four penies The Lord Tarbat stands valued in that parish in vice of the Laird and Lady May at ane hundred five punds ten shilling, one hundred five pund ten shiling, Kincardine The said Lord Tarbat stands valued in the said shyre and parachin of Kincardine at sixtie punds Item more in vue of the Laird of May ther at thretie five punds ten shilling, nyntie five pund ten shiling, The Lady Castlehaven is valued in that parish at fiftie five punds, Fiftie five punds, Fearne The said Lord Tarbat stands valued in vice of may for Lochsline within the said shyre and parochin of Ferne at two hundred Fourtie punds Two hundred Fourtie punds The Lady May her lyfrent Lands within the said parochin valued at four hundred fourtie four punds ten shilling, Four hundred fourtie four pund ten shilling, Tayne The Laird and Lady May ther estate within the said shyre and parochin of Tayne stand valued at six hundred Fourtie two punds, Kilmuire The said Lord Tarbat stands valued within the said shyre and parish of Kilmuir Easter at Sevin hundred thretie five punds Seven hundered thretie five punds Item more he Stands valued for presthill in that parish at sixtie two punds, Sixtie two punds, John Mcleod wodsetter of the mylnes of Mylnetoune stands valued in that parish at ane hundred and Fourtie punds, one hundred and Fourtie pence Logie The said Lord Tarbat stands valued in the said shyre and parish of Logie Easter at two hundred fourtie six pund, Two hundred fourtie six pund Cullnudin The Laird of Bray stands valued as wodsetter of these and Shyre of Ross quherof Tarbat is said to know the reversione at four hundred sixtie seven punds, Four hundred sixtie seven punds Balinaduthne stands valued in that parish for Easter Culbo as said is at ane hundred valued for Craighouse and other Lands in that parish wodsett as said is at ane hundred and six pund The abovewritten list of the severall valuationes above sett doune Extract furth of the valuatione books of the said shyre and attested by us Commissars Clerk and Collectors of Supply within the said shyre of Ross under subscryband As also the Lawes of Litle Fearnes Extending to one hundred sixtie one pund ten shilling The wholl extends to nyne Thousand Four hundred sixtie one pund ten shilling The wholl extends to nyne Thousand Four hundred fourtie punds one shilling six pennies Sic Subscribitur J: Monro of Fowlis, A Mckenzie of Coull, A: Bayne of Tulloch, George Ross of Moranchie Heritor Monro of Drumond: D: Ross tutor of Kinars Kenneth Mckenzie of Sealwall McBayne of Delny, William Ross of Aldie, Hew Monro of Tennich, Heugh Baillie Clerk. George Mckenzie Collector And the saids Lords of privy Councill Ordaines the valuatione so attested. to be recorded in the valuatione books of the shyre of Cromartie as to the Lands not allready recorded therin and to be expunged out of the valuation books of Rose shyre, And Declaires that the saids Lands shall bear and carie with them the same quota of the Levies cess and other publict burthens, and that they shall pay the same for the futur in and with the shyre of Cromartie and adjoyned to the totall therof and deduced from Ross Shyre in all time comeing, This being exactly conforme to the acts past in the last session of this current parliament as also conforme to the other act of parliament past theranent the nynteinth day of Jully Jaj vjc nyntie years and Conforme to the act of parliament Jaj vjc Eightie five years all quhich were read and Considered be the Committie.

Edinburgh the Twentie sixth day of December Jaj vjc nyntie thrie

D1693/12/311

Act

Act In Favors of the Viscount of Tarbatt

The Lords of their majesties privy Councill haveing Considered a petitione given in to them be George Viscount of Tarbat concerning the Lands seperat from Ross and annexed to the shire of Cromartie with the report of a Committie of their oun number to whom the Consideration of this matter was Remitted They ordaine the rentall produced with the said petitione which is signed by the Commissioners of Supply Clerk and Collector of Ross shyre bearing that the same is the valued rentall and rule of Publict burdeins for the lands belonging to the said Viscount or his wodd setters or which were or are liferented by his mother or mother in law to be insert and recorded in the books of privy Councill Followes the tenor of the forsaid rentall, The penult October Jaj vjc nyntie thrie List of George Viscount of Tarbat Lord Mccleod and Castlehaven etc. It is oun valuatione, The Lady Castlehaven his mother and Lady Maynes Lyferent Lands and the said Lord Tarbat his wodsetters valuations as in his vue within the Shyre of Ross And parochines therof respective underwritten Rosemarkie The said Lord Tarbat stands valued in the valuatione books of the said shire and paroch of Rossmarkie for twentie Eight2 punds nyntein shilling ten pences scots Inde twentie Eight pund nyntein shillings ten pennies, Foderlie The said Lord Tarbat Stands valued for himself and in vue of Cerry in the said shyre and parish of Foderlye at one Thousand four Hundred sixtie thrie punds fiftein shilling thrie punds fiftein shilling Item more he stands valued in the said parish for the mylne of use at two hundred punds, inde two Hundred punds Item more for the watter of Common at two hundred punds valued rent, Two hundred pund Lochbroom The said Lord Tarbatt for himself stands valued within the said shyre and parachin of Lochbroom Includeing the Lands of Greenheard Auchtascaldnish Wedd and Fannick and his oun part of Coygath at Eight hundred fiftie Eight pund threttein shilling four penies, Eight hundred fiftie Eight pund thretein shilling four penies Item more for his part of the few duties of Lochbroome at ane hundred punds, One hundred punds Alexander Mckenzie of Ardloch stands valued in the said parish as my Lords wodsetter at five hundred punds, Kincraig as wodsetteer of the lands of Auchinivie stands valued in the said parish at sixtie punds sixtie punds, Tarbat The said Lord Tarbat for himself stands valued in the said shyre and parish of Tarbat at Five hundred nynteen punds and in vue of Innerbreakie at sixtie punds, Five hundred seventie nyne punds The Lady Castle-haven stands valued in the said parish at Fourtein hundred fiftie thrie punds thretein shilling four penies, Fourtein hundred fiftie thrie pund thretein shilling four penies The Lord Tarbat stands valued in that parish in vice of the Laird and Lady May at ane hundred five punds ten shilling, one hundred five pund ten shiling, Kincardine The said Lord Tarbat stands valued in the said shyre and parachin of Kincardine at sixtie punds Item more in vue of the Laird of May ther at thretie five punds ten shilling, nyntie five pund ten shiling, The Lady Castlehaven is valued in that parish at fiftie five punds, Fiftie five punds, Fearne The said Lord Tarbat stands valued in vice of may for Lochsline within the said shyre and parochin of Ferne at two hundred Fourtie punds Two hundred Fourtie punds The Lady May her lyfrent Lands within the said parochin valued at four hundred fourtie four punds ten shilling, Four hundred fourtie four pund ten shilling, Tayne The Laird and Lady May ther estate within the said shyre and parochin of Tayne stand valued at six hundred Fourtie two punds, Kilmuire The said Lord Tarbat stands valued within the said shyre and parish of Kilmuir Easter at Sevin hundred thretie five punds Seven hundered thretie five punds Item more he Stands valued for presthill in that parish at sixtie two punds, Sixtie two punds, John Mcleod wodsetter of the mylnes of Mylnetoune stands valued in that parish at ane hundred and Fourtie punds, one hundred and Fourtie pence Logie The said Lord Tarbat stands valued in the said shyre and parish of Logie Easter at two hundred fourtie six pund, Two hundred fourtie six pund Cullnudin The Laird of Bray stands valued as wodsetter of these and Shyre of Ross quherof Tarbat is said to know the reversione at four hundred sixtie seven punds, Four hundred sixtie seven punds Balinaduthne stands valued in that parish for Easter Culbo as said is at ane hundred valued for Craighouse and other Lands in that parish wodsett as said is at ane hundred and six pund The abovewritten list of the severall valuationes above sett doune Extract furth of the valuatione books of the said shyre and attested by us Commissars Clerk and Collectors of Supply within the said shyre of Ross under subscryband As also the Lawes of Litle Fearnes Extending to one hundred sixtie one pund ten shilling The wholl extends to nyne Thousand Four hundred sixtie one pund ten shilling The wholl extends to nyne Thousand Four hundred fourtie punds one shilling six pennies Sic Subscribitur J: Monro of Fowlis, A Mckenzie of Coull, A: Bayne of Tulloch, George Ross of Moranchie Heritor Monro of Drumond: D: Ross tutor of Kinars Kenneth Mckenzie of Sealwall McBayne of Delny, William Ross of Aldie, Hew Monro of Tennich, Heugh Baillie Clerk. George Mckenzie Collector And the saids Lords of privy Councill Ordaines the valuatione so attested. to be recorded in the valuatione books of the shyre of Cromartie as to the Lands not allready recorded therin and to be expunged out of the valuation books of Rose shyre, And Declaires that the saids Lands shall bear and carie with them the same quota of the Levies cess and other publict burthens, and that they shall pay the same for the futur in and with the shyre of Cromartie and adjoyned to the totall therof and deduced from Ross Shyre in all time comeing, This being exactly conforme to the acts past in the last session of this current parliament as also conforme to the other act of parliament past theranent the nynteinth day of Jully Jaj vjc nyntie years and Conforme to the act of parliament Jaj vjc Eightie five years all quhich were read and Considered be the Committie.

1. NRS, PC2/24, 299r-301r.

2. One illegible word scored out here.

1. NRS, PC2/24, 299r-301r.

2. One illegible word scored out here.

Warrant, 26 December 1693, Edinburgh

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Edinburgh the Twentie sixth day of December Jaj vjc nyntie thrie

D1693/12/301

Warrant

Warrand for executione at Captain Younges instance upon Cosbies bond.

The Lords of their majesties privy Councill haveing by their act of the date the twentie seventh day of December Jaj vjc nyntie two years given Warrand to their Clerks to deliver up to Captain Robert Young in Collonoll Grahames regiment and bond taken before the Committie of Councill anent Souldiers granted be Robert Cosbie seaman and his Cautioner dated the nyntein of the said moneth They heirby ordaine all executione by horning Caption Or otherwayes to pass upon the said bond at the instance of the said Captaine Young for payment of the penaltie therincontained.

Edinburgh the Twentie sixth day of December Jaj vjc nyntie thrie

D1693/12/301

Warrant

Warrand for executione at Captain Younges instance upon Cosbies bond.

The Lords of their majesties privy Councill haveing by their act of the date the twentie seventh day of December Jaj vjc nyntie two years given Warrand to their Clerks to deliver up to Captain Robert Young in Collonoll Grahames regiment and bond taken before the Committie of Councill anent Souldiers granted be Robert Cosbie seaman and his Cautioner dated the nyntein of the said moneth They heirby ordaine all executione by horning Caption Or otherwayes to pass upon the said bond at the instance of the said Captaine Young for payment of the penaltie therincontained.

1. NRS, PC2/24, 299r.

1. NRS, PC2/24, 299r.

Warrant, 26 December 1693, Edinburgh

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Edinburgh the Twentie sixth day of December Jaj vjc nyntie thrie

D1693/12/291

Warrant

Warrand for printing the act anent severall Colledges and universities.

The Lords of their majesties privy Councill Ordaines the act of Councill of the date the nynth of march last against Tumults and other Disorders of Students in Colledge quherof2 The tenor Followes Att Edinburgh the nynth march Jaj vjc nyntie thrie years The Lords of their Majesties privy Councill takeing to their Consideratione the Tumults and disorders which frequently fall out amongst and are Committed by the students within the severall Colledges and universities within this kingdome and haveing Considered the report of a Committie of their oun number appointed in this matter the saids Lords for preventing of any tumults or other disorders in any of the said Collodges and universities for the future Foe heirby authorize and Impower the severall principalls regents and masters of the saids Collodges respective In case it shall happen heirafter any of the Students of any of the Collodges abovementioned to Committ or be guilty of any tumults or other enormeous disorders against the quyet and good government of the saids Collodges to Impose and exact finnes from such as they shall find guilty not exceiding the respective rates and proportiones after mentioned viz for a nobleman or his eldest sone ane hundred and fiftie punds Scots, for noblemens younger sones or Barrons themselves, or their eldest sones ane hundrid punds, for the younger sones of Barrons or gentlmen, and for the sones of burgesses Fiftie punds, And for the Sones of Craftsmen or yeomen fiftie merks Scots, And that by and attour the repairation of damnages And the saids Lords Doe heirby Requyre and Command the magistrats of the respective burghes quher the saids Collodges are keept to Interpose their authoritie to the sentance of the saids masters, and to give them their assistance in executeing the same by Imprisonment if need bees, And allowes and appoints the soumes that shall be exacted for finnes in maner and for the Causes abovementioned to be applyed for the use of the severall Bibliothicks of the saids Collodges, And the saids Lords haveing reveiwed ane act of Councill of the date the first day of February Jaj vjc seventie two years Prohibiting one Collodge to receive any schollar from another Collodge. They doe restrict the same to such Schollars only as have been removed for misdemaners of have. been fledd for Discipline to be printed and published at the mercat cross of Edinburgh new and old Aberdeens St Androwes and Glassgow, And likewayes to be publictly read before the students in the Comon schools or publict-halls of all the universities and Collodges within this kingdome and printed copies therof to be fixed upon the doors of the said universities and Collodges.

Edinburgh the Twentie sixth day of December Jaj vjc nyntie thrie

D1693/12/291

Warrant

Warrand for printing the act anent severall Colledges and universities.

The Lords of their majesties privy Councill Ordaines the act of Councill of the date the nynth of march last against Tumults and other Disorders of Students in Colledge quherof2 The tenor Followes Att Edinburgh the nynth march Jaj vjc nyntie thrie years The Lords of their Majesties privy Councill takeing to their Consideratione the Tumults and disorders which frequently fall out amongst and are Committed by the students within the severall Colledges and universities within this kingdome and haveing Considered the report of a Committie of their oun number appointed in this matter the saids Lords for preventing of any tumults or other disorders in any of the said Collodges and universities for the future Foe heirby authorize and Impower the severall principalls regents and masters of the saids Collodges respective In case it shall happen heirafter any of the Students of any of the Collodges abovementioned to Committ or be guilty of any tumults or other enormeous disorders against the quyet and good government of the saids Collodges to Impose and exact finnes from such as they shall find guilty not exceiding the respective rates and proportiones after mentioned viz for a nobleman or his eldest sone ane hundred and fiftie punds Scots, for noblemens younger sones or Barrons themselves, or their eldest sones ane hundrid punds, for the younger sones of Barrons or gentlmen, and for the sones of burgesses Fiftie punds, And for the Sones of Craftsmen or yeomen fiftie merks Scots, And that by and attour the repairation of damnages And the saids Lords Doe heirby Requyre and Command the magistrats of the respective burghes quher the saids Collodges are keept to Interpose their authoritie to the sentance of the saids masters, and to give them their assistance in executeing the same by Imprisonment if need bees, And allowes and appoints the soumes that shall be exacted for finnes in maner and for the Causes abovementioned to be applyed for the use of the severall Bibliothicks of the saids Collodges, And the saids Lords haveing reveiwed ane act of Councill of the date the first day of February Jaj vjc seventie two years Prohibiting one Collodge to receive any schollar from another Collodge. They doe restrict the same to such Schollars only as have been removed for misdemaners of have. been fledd for Discipline to be printed and published at the mercat cross of Edinburgh new and old Aberdeens St Androwes and Glassgow, And likewayes to be publictly read before the students in the Comon schools or publict-halls of all the universities and Collodges within this kingdome and printed copies therof to be fixed upon the doors of the said universities and Collodges.

1. NRS, PC2/24, 298v-299r.

2. Insertion.

1. NRS, PC2/24, 298v-299r.

2. Insertion.

Sederunt, 26 December 1693, Edinburgh

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Edinburgh the Twentie sixth day of December Jaj vjc nyntie thrie1

D1693/12/282

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Annandale; Earl of Forfar; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Polwarth; Master of Forbes; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; Sir Thomas Livingstone

Edinburgh the Twentie sixth day of December Jaj vjc nyntie thrie1

D1693/12/282

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Annandale; Earl of Forfar; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Polwarth; Master of Forbes; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; Sir Thomas Livingstone

1. NRS, PC2/24, 298r.

2. NRS, PC2/24, 298r.

1. NRS, PC2/24, 298r.

2. NRS, PC2/24, 298r.

Procedure, 21 December 1693, Edinburgh

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Edinburgh the twentie one day of December Jaj vjc nyntie thrie

D1693/12/271

Procedure

Comittie for William Denholme Against2 Sir John Ramsay

The Lybell at the instance of Sir William Denhome against Sir John Ramsay being called this day in presence of the Lords of their majesties privy Councill and the pursuers and Sir James Stewart ther majesties advocat for their highnes intrest Compeiring personally with Sir Patrick Home his advocat The saids Lords of privy Councill haveing Considered the said Lybell and answers given in therto for the defender, And haveing heard both parties They heirby given Commissione to and appoints The Lord Beilhaven Lord Hatton and Sir Robert Sinclar or any two of them to repair to the ground which the said Sir John Designes to build upon and to visit the same and Consider what damnadge may be redound to the mint house by building therof and in the mean time Discharges the said Sir John to proceed or goe on in his work or building untill the Comittie make their report and the Councill advyse the same.

Edinburgh the twentie one day of December Jaj vjc nyntie thrie

D1693/12/271

Procedure

Comittie for William Denholme Against2 Sir John Ramsay

The Lybell at the instance of Sir William Denhome against Sir John Ramsay being called this day in presence of the Lords of their majesties privy Councill and the pursuers and Sir James Stewart ther majesties advocat for their highnes intrest Compeiring personally with Sir Patrick Home his advocat The saids Lords of privy Councill haveing Considered the said Lybell and answers given in therto for the defender, And haveing heard both parties They heirby given Commissione to and appoints The Lord Beilhaven Lord Hatton and Sir Robert Sinclar or any two of them to repair to the ground which the said Sir John Designes to build upon and to visit the same and Consider what damnadge may be redound to the mint house by building therof and in the mean time Discharges the said Sir John to proceed or goe on in his work or building untill the Comittie make their report and the Councill advyse the same.

1. NRS, PC2/24, 298r.

2. One illegible word scored out here.

1. NRS, PC2/24, 298r.

2. One illegible word scored out here.

Decreet, 21 December 1693, Edinburgh

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Edinburgh the twentie one day of December Jaj vjc nyntie thrie

D1693/12/261

Decreet

Decreet The Lady Auchlunbart and her daughter Against Innes.

Anent our soveraigne Lord and Ladies letters or principall lybell raised at the instance of Hellen Gordone relict of umquhill Walter Innes of Auchlunbart for her self and tutorix to Hellen Innes her daughter Sir James Stewart ther majesties advocat for their highnes intrest in the matter underwritten making mentione That quher by the lawes of this and all other weell governed realmes all persones under the protection of the government Ought to be Secured in their persones and possessiones from insults insolencies and violence And particularly that no man presume to enter the house of any other, and ther behave in a masterfull maner calling for and wasting the provisiones therof and beatting the servants and others for not Complyeing with these insolencis as also that no persone ought to invade and Occupie the houses and possessiones belonging to and peaceably possessed by others and sitt still therin by way of Bangstrie nor Ought they to seaze upon the goods of others of molest or minace thr tennants Servants and dependents, And lastly that no persone should defame any other especially a desolat widow in the most tender pairt of her affectione to her deceast husband and of her honor yett nevertheless it is of verity That Archibald Innes in Tennentoune haveing conceaved a deadly Malice against the pursuer upon a most unjust and infameous account viz because her Childrein did exclude the said Archiblald from the succession to their fathers estate he for expressing his malice against them and their mother did upon the […] day of […] Last or ane or other of the dayes of the said moneth oppenly defame the said Lady in ane fenced Court by affirmeing that she hade poysioned her said husband, And that her Childrein were not his bot begotten upon her in addultrey and not satisfied therwith Did therafter Comitt severall incolces and barbarities against her Childrein and herself thinking therby to have extorted from her the possessione of a part of the estate and particularly upon the […] day of march last the said Archibald Innes comeing to the pursuers house upon the occasione of the buriall of her only sone, rudely called for wyne victualls and provisiones for deboshing the same away with his associats, he did strick beatt and abuse Margory Chalmers one of the purseurs servants to the great Disturbance of the family upon such a mournfull and publict occasione And upon the […] day of Aprill last did come to the house of […] a tenent to the Lady and her daughter and therby manifast oppressione and open violence did extort and carie away two guns belonging to the defuncts Childrein and relict which were intrusted with the said tenant and as yet detaines the same, And last of all haveing be a continued tract of minaces for a long time threatned the servants of the said Lady after a most grivous maner to the end they might not serve her, in perfecting her Labouring of the maynes of Auchlinbart, and terrified her tenants in the said maynes and else wher not to Labour the same, bot to take takes of him But Finding that all these injuries and expressiones would not force the pursuer to desert her oun and Childs right The said Archibald did upon the […] day of may Last violently intruded and transport himself servants and familly into ane of the pursuers barnes in the maynes of Auchlunbart quherof she was in possessione and quherin she hade her cornes laid up for her Sowing And being requisted and requyred under form of instrument to leave such unjust possessione and permitt the servants to goe about their duties, He absolutely refused and Declared he would possess all in the Same maner, and2 bolted and shutt the door of her own barne And denyed her Access therto, And kendled fire therin, with the persuers own fewall and threatned that if she should not take out of the barne the bear and Other cornes he would instantly destroy and dispose of the same, That if she would not take care of the bestiall on the toune Lands That he would take and dispose of them And the said Lady and her daughter being widow and orphein wanting a head and destitute of all releive and assistance of her freinds who Live at some distance, And her tennents being terrified by the forces and violence of the said Archibald Innes They wer not able to mantaine and desend ther possessiones and all that was left to the Lady was3 to protest against him That he might be Lyable for such violent oppression and force this for Coast skaith and damnadge and for remeed of Law by authoritie of the Lords of privy Councill In Regaird the violence is Committed in time of sitting of parliament when the other Judicatories doe not sitt, And the said Archibald Innes being vir ferox Lawless and bankrupt Is beyond the power fear and Correction of inferior Judicatories as the instrument dated the […] day of […] bears oft the quhilk crymes violence and oppression, the said Archibald is guilty actor airt and part And therfore he ought to be punished in his persone and fined and amerciat in his goods And Decerned to make payment to the persuer of the Soume of […] for her damnadge and expences and to remove himself his wyfe and goods from the possession of the forsaid barne and all other parts of the premises lands and estate And ought and should be Discharged to trouble or molest her and her tennents in the peaceable possession therof in all time comeing And Anent the charge given to the said defender To have Compared personally before the saids Lords at ane certaine day now bygone To have answered to the points of the abovewritten Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should find Just And also Anent the additionall Lybell at the instance of the said Hellen Gordon and her said daughter makeing mention That quher albeit the unlawfull intruding upon any of their majesties leidges and the breach of Councill Laborrowes Lawfullie execute are by the Lawes and Custome of this kingdome crymes of ane high nature and severly punishable nevertheless It is of verity that Archibald Innes in Tennentoune to elude and prevent any sentance of Councill which might be pronunced on a former Lybell of Intrusione into the pursuers barne in the maynes of Auchlinbart did upon the […] day of Jully last or one or other of the dayes of the said moneth Carry away Robert Barron tennents to the pursuer to ane ale house att the Boat of Bridge and ther with the Landlord and other Confidents made the said Robert Barron Drink and Ryotously extorted from him ane pretended assignatione or subtack of his tack of the Mylne of Auchlunbart to the end that tho the said Mr Innes were removed from the barne by Decreet of Councill he might evade and eleid the same by entering into this now former and straight at the gates of the said Ladies house And accordingly he hath actually built ane house on the said croft and intrudes therin tho the tack set by the pursuer to the tennant therof be nowayes Granted to assigneys but ane pretended assignatione therto extorted dureing the dependance of the said former proces in emulationein vicin and is Innovatij Lie pendente, Lykeas the said Archibald Innes since the said dependance and letters Laborowes execute against him did upon the first second […] or one of other of the dayes of the moneths of June Jully August September and October Successive by after others masterfully throw doune disipate and carie away the peet stack and peets in the pursuers possessione And has burnt only therof since his first intrussion till the […] day of June or July last by past that he did cast up new peets in the mosses belonging to the said Lady and her daughter notwithstanding of Instruments taken against him to the contrare and hath ledd these peets though instruments were lawfullie Laid on and intimat to him theranent, as also since the said Laborrowes and dependance has made roads throw the pursuers cornes and destroyed them and her grass and continued a tract of vexationes against her about chargeing her self and tennants at different times with severall Laborrowes therby to necessitate them to numerous Suspensions by Surreptitiously Imprisoneing severalls of them particularly The said Robert Barron who hade escaped in Edinburgh to deplore their miserable conditione at home)4 In the Cannogate Tolbooth by by Surprizeing them when absent at Edinburgh before inferrior Courts and when one cause is advocat intenting another though all depending before Supperior Judges by threatneing her servants from their Labouring and terrifeing her tenants from staying with her or keeping their tacks with continuance of all the other barbarities formerly Lybelled of all which crymes or ane or other of them the said Archibald Innes is guilty at least airt and part, And Therfore Ought and should be Decerned to desist and sease from troubling the said pursuers or her tenents in the possessione of the said mylne croft and pertinants therof or any other of the lands of Auchlumbart Otherwayes then by order of Law and to pay the penalties of Laborowes conforme to the act of parliament and otherwayes punished in his persone and goods to the terror of others to Comitt and doe the like in time comeing And Anent the charge given to the saids Lords at ane certaine day now bygone To have answered to the grounds of the above Complaint and to have heard and seen such order and Course taken theranent as the saids Lords shall find Just as the said additionall Lybell and executiones therof at more leanth bears, Both which lybells being upon the twentie one day of November last called in presence of the saids Lords And the said pursuer Compeiring personally with Sir Patrick Home Mr […] Grant and William Black her advocats and the defender Compeiring alsoe personally with Sir James Ogilvie and Mr Hew Dalrymple his advocats, The principall Lybell and also the aditionall Lybell and answers to the principall Luybell being read, And the defenders advocats haveing acknowledged that the defender did take possessione of a barne, The pursuers advocats took instruments theron and protested it might liberat them from proveing the same, And the defenders haveing reated the Libell of reconventione without reading the same The Lords of their majesties privy Councill Appointed the witnesses to be received upon the principall and additionall lybells, and also upon the Lybell of reconventione, And the witnesses have made faith their Lordships appointed a Committie of their oun number to examine them and Report all objectiones to be made and Discussed before the Committie and allowed farder dilligence against the absent witnesses And the saids Lords haveing this day againe Considered the lybells principall and additionall Lybells at the instance of Hellen Gordon Lady Auchlinbart Against Archibald Innes in tenantoune with the Lybell of reconventione at the instance of the said Archibald Innes against the said Hellen Gordon with the depositiones of the witnesses taken upon both principall and additionall Lybells and Lybell of Reconventione Togither with the Lady Auchlinbart and Archibald Innesses Judiciall Declarationes and depositiones taken in this matter The Find the Lybell principall and additionall suficiently proven both as to the intrusione defamation and breach of Lawborrowes Lybelled, And Ordaines Archibald Innes defender to remove himself wyfe tennents and servants from the barne in the maynes of Auchlinbart, And likewayes from the mylne and mylne croft of Auchlinbart and houses therof Wherunto he has intruded himself in maner Lybelled and to leave the same void and redd and reenter the pursuer to the peaceable possession therof And Discharge the said Archibald to trouble or molest the pursuer in her possession of the saids Lords Fynes the said Archibald in the soume of Four hundred punds scots of the same for the same for the damnadge and expences sustained be her in this affair and for the acts of breaches of Laborowes preceiding the date heirof, And ordaines the said Archibald Innes to enter himself and the magistrats of Edinburgh and keeper of their Tolbooth to receive and detaine him prisoner in the said Tolbooth dureing the Councills pleasure and ordaines letters of horning on fiftein dayes and others needfull to pass heiron in forme as effeirs and Grants warrand to macers or messengers to seaze and apprehend him and put him in prison therin to remaine dureing the Councills pleasure In caise he faillie to enter himself in prisoner in maner forsaid.

Edinburgh the twentie one day of December Jaj vjc nyntie thrie

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Decreet

Decreet The Lady Auchlunbart and her daughter Against Innes.

Anent our soveraigne Lord and Ladies letters or principall lybell raised at the instance of Hellen Gordone relict of umquhill Walter Innes of Auchlunbart for her self and tutorix to Hellen Innes her daughter Sir James Stewart ther majesties advocat for their highnes intrest in the matter underwritten making mentione That quher by the lawes of this and all other weell governed realmes all persones under the protection of the government Ought to be Secured in their persones and possessiones from insults insolencies and violence And particularly that no man presume to enter the house of any other, and ther behave in a masterfull maner calling for and wasting the provisiones therof and beatting the servants and others for not Complyeing with these insolencis as also that no persone ought to invade and Occupie the houses and possessiones belonging to and peaceably possessed by others and sitt still therin by way of Bangstrie nor Ought they to seaze upon the goods of others of molest or minace thr tennants Servants and dependents, And lastly that no persone should defame any other especially a desolat widow in the most tender pairt of her affectione to her deceast husband and of her honor yett nevertheless it is of verity That Archibald Innes in Tennentoune haveing conceaved a deadly Malice against the pursuer upon a most unjust and infameous account viz because her Childrein did exclude the said Archiblald from the succession to their fathers estate he for expressing his malice against them and their mother did upon the […] day of […] Last or ane or other of the dayes of the said moneth oppenly defame the said Lady in ane fenced Court by affirmeing that she hade poysioned her said husband, And that her Childrein were not his bot begotten upon her in addultrey and not satisfied therwith Did therafter Comitt severall incolces and barbarities against her Childrein and herself thinking therby to have extorted from her the possessione of a part of the estate and particularly upon the […] day of march last the said Archibald Innes comeing to the pursuers house upon the occasione of the buriall of her only sone, rudely called for wyne victualls and provisiones for deboshing the same away with his associats, he did strick beatt and abuse Margory Chalmers one of the purseurs servants to the great Disturbance of the family upon such a mournfull and publict occasione And upon the […] day of Aprill last did come to the house of […] a tenent to the Lady and her daughter and therby manifast oppressione and open violence did extort and carie away two guns belonging to the defuncts Childrein and relict which were intrusted with the said tenant and as yet detaines the same, And last of all haveing be a continued tract of minaces for a long time threatned the servants of the said Lady after a most grivous maner to the end they might not serve her, in perfecting her Labouring of the maynes of Auchlinbart, and terrified her tenants in the said maynes and else wher not to Labour the same, bot to take takes of him But Finding that all these injuries and expressiones would not force the pursuer to desert her oun and Childs right The said Archibald did upon the […] day of may Last violently intruded and transport himself servants and familly into ane of the pursuers barnes in the maynes of Auchlunbart quherof she was in possessione and quherin she hade her cornes laid up for her Sowing And being requisted and requyred under form of instrument to leave such unjust possessione and permitt the servants to goe about their duties, He absolutely refused and Declared he would possess all in the Same maner, and2 bolted and shutt the door of her own barne And denyed her Access therto, And kendled fire therin, with the persuers own fewall and threatned that if she should not take out of the barne the bear and Other cornes he would instantly destroy and dispose of the same, That if she would not take care of the bestiall on the toune Lands That he would take and dispose of them And the said Lady and her daughter being widow and orphein wanting a head and destitute of all releive and assistance of her freinds who Live at some distance, And her tennents being terrified by the forces and violence of the said Archibald Innes They wer not able to mantaine and desend ther possessiones and all that was left to the Lady was3 to protest against him That he might be Lyable for such violent oppression and force this for Coast skaith and damnadge and for remeed of Law by authoritie of the Lords of privy Councill In Regaird the violence is Committed in time of sitting of parliament when the other Judicatories doe not sitt, And the said Archibald Innes being vir ferox Lawless and bankrupt Is beyond the power fear and Correction of inferior Judicatories as the instrument dated the […] day of […] bears oft the quhilk crymes violence and oppression, the said Archibald is guilty actor airt and part And therfore he ought to be punished in his persone and fined and amerciat in his goods And Decerned to make payment to the persuer of the Soume of […] for her damnadge and expences and to remove himself his wyfe and goods from the possession of the forsaid barne and all other parts of the premises lands and estate And ought and should be Discharged to trouble or molest her and her tennents in the peaceable possession therof in all time comeing And Anent the charge given to the said defender To have Compared personally before the saids Lords at ane certaine day now bygone To have answered to the points of the abovewritten Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should find Just And also Anent the additionall Lybell at the instance of the said Hellen Gordon and her said daughter makeing mention That quher albeit the unlawfull intruding upon any of their majesties leidges and the breach of Councill Laborrowes Lawfullie execute are by the Lawes and Custome of this kingdome crymes of ane high nature and severly punishable nevertheless It is of verity that Archibald Innes in Tennentoune to elude and prevent any sentance of Councill which might be pronunced on a former Lybell of Intrusione into the pursuers barne in the maynes of Auchlinbart did upon the […] day of Jully last or one or other of the dayes of the said moneth Carry away Robert Barron tennents to the pursuer to ane ale house att the Boat of Bridge and ther with the Landlord and other Confidents made the said Robert Barron Drink and Ryotously extorted from him ane pretended assignatione or subtack of his tack of the Mylne of Auchlunbart to the end that tho the said Mr Innes were removed from the barne by Decreet of Councill he might evade and eleid the same by entering into this now former and straight at the gates of the said Ladies house And accordingly he hath actually built ane house on the said croft and intrudes therin tho the tack set by the pursuer to the tennant therof be nowayes Granted to assigneys but ane pretended assignatione therto extorted dureing the dependance of the said former proces in emulationein vicin and is Innovatij Lie pendente, Lykeas the said Archibald Innes since the said dependance and letters Laborowes execute against him did upon the first second […] or one of other of the dayes of the moneths of June Jully August September and October Successive by after others masterfully throw doune disipate and carie away the peet stack and peets in the pursuers possessione And has burnt only therof since his first intrussion till the […] day of June or July last by past that he did cast up new peets in the mosses belonging to the said Lady and her daughter notwithstanding of Instruments taken against him to the contrare and hath ledd these peets though instruments were lawfullie Laid on and intimat to him theranent, as also since the said Laborrowes and dependance has made roads throw the pursuers cornes and destroyed them and her grass and continued a tract of vexationes against her about chargeing her self and tennants at different times with severall Laborrowes therby to necessitate them to numerous Suspensions by Surreptitiously Imprisoneing severalls of them particularly The said Robert Barron who hade escaped in Edinburgh to deplore their miserable conditione at home)4 In the Cannogate Tolbooth by by Surprizeing them when absent at Edinburgh before inferrior Courts and when one cause is advocat intenting another though all depending before Supperior Judges by threatneing her servants from their Labouring and terrifeing her tenants from staying with her or keeping their tacks with continuance of all the other barbarities formerly Lybelled of all which crymes or ane or other of them the said Archibald Innes is guilty at least airt and part, And Therfore Ought and should be Decerned to desist and sease from troubling the said pursuers or her tenents in the possessione of the said mylne croft and pertinants therof or any other of the lands of Auchlumbart Otherwayes then by order of Law and to pay the penalties of Laborowes conforme to the act of parliament and otherwayes punished in his persone and goods to the terror of others to Comitt and doe the like in time comeing And Anent the charge given to the saids Lords at ane certaine day now bygone To have answered to the grounds of the above Complaint and to have heard and seen such order and Course taken theranent as the saids Lords shall find Just as the said additionall Lybell and executiones therof at more leanth bears, Both which lybells being upon the twentie one day of November last called in presence of the saids Lords And the said pursuer Compeiring personally with Sir Patrick Home Mr […] Grant and William Black her advocats and the defender Compeiring alsoe personally with Sir James Ogilvie and Mr Hew Dalrymple his advocats, The principall Lybell and also the aditionall Lybell and answers to the principall Luybell being read, And the defenders advocats haveing acknowledged that the defender did take possessione of a barne, The pursuers advocats took instruments theron and protested it might liberat them from proveing the same, And the defenders haveing reated the Libell of reconventione without reading the same The Lords of their majesties privy Councill Appointed the witnesses to be received upon the principall and additionall lybells, and also upon the Lybell of reconventione, And the witnesses have made faith their Lordships appointed a Committie of their oun number to examine them and Report all objectiones to be made and Discussed before the Committie and allowed farder dilligence against the absent witnesses And the saids Lords haveing this day againe Considered the lybells principall and additionall Lybells at the instance of Hellen Gordon Lady Auchlinbart Against Archibald Innes in tenantoune with the Lybell of reconventione at the instance of the said Archibald Innes against the said Hellen Gordon with the depositiones of the witnesses taken upon both principall and additionall Lybells and Lybell of Reconventione Togither with the Lady Auchlinbart and Archibald Innesses Judiciall Declarationes and depositiones taken in this matter The Find the Lybell principall and additionall suficiently proven both as to the intrusione defamation and breach of Lawborrowes Lybelled, And Ordaines Archibald Innes defender to remove himself wyfe tennents and servants from the barne in the maynes of Auchlinbart, And likewayes from the mylne and mylne croft of Auchlinbart and houses therof Wherunto he has intruded himself in maner Lybelled and to leave the same void and redd and reenter the pursuer to the peaceable possession therof And Discharge the said Archibald to trouble or molest the pursuer in her possession of the saids Lords Fynes the said Archibald in the soume of Four hundred punds scots of the same for the same for the damnadge and expences sustained be her in this affair and for the acts of breaches of Laborowes preceiding the date heirof, And ordaines the said Archibald Innes to enter himself and the magistrats of Edinburgh and keeper of their Tolbooth to receive and detaine him prisoner in the said Tolbooth dureing the Councills pleasure and ordaines letters of horning on fiftein dayes and others needfull to pass heiron in forme as effeirs and Grants warrand to macers or messengers to seaze and apprehend him and put him in prison therin to remaine dureing the Councills pleasure In caise he faillie to enter himself in prisoner in maner forsaid.

1. NRS, PC2/24, 294v-298r.

2. The word ‘builded’ scored out here.

3. The word ‘not’ scored out here.

4. Opening bracket missing.

1. NRS, PC2/24, 294v-298r.

2. The word ‘builded’ scored out here.

3. The word ‘not’ scored out here.

4. Opening bracket missing.

Decreet, 21 December 1693, Edinburgh

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Decreet

2[Decreet The Lady Auchinbart Against Innes.]34

[Anent our Soveraign Lord and Ladies letters of principall Lybell raised and pursued before the Lords of their majesties privy Councill at the instance of Hellen Gordone relict of umquhill Walter Innes of Auchlinbart for her self and tutorix to Hellen Innes her daughter and Sir James Stewart their majesties advocat for their highnes intrest in the matter underwritten Making Mentione That quher albeit the unlawfull intruding upon any of his majesties leidges and the breach of Councill Laborrowes Lawfullie execute are by the lawes and Custome of this kingdome Crimes of ane high nature and Severly punishable Nevertheless it is of verity that Archibald Innes in Tennentoune to eleid and prevent any Sentance of Councill which might be pronunced on a former Lybell of intrussione into the pursuers barne in the Maynes of Auchlinbart did upon the […] day of Jully last or ane or other of the dayes of the said moneth carie away Robert Barron tennant to the pursuer to ane ale house at the Coatt of Bridge and ther with the Landlord and severall other Complices made the said Robert Barron Drink and Ryoteously extorted from him ane pretended assignatione or subtack of his tack of the mylne of Auchlinbart to the end that when the said Mr James were removed from the barne by Decreet of Councill he might evacuat and eleid the same by entering into this new possessione, Which is almost contiguous to the former, And straight at the gates of the Ladies house, and accordingly he hath actually built ane house on the Croft and intruded therin though the tack sett by the pursuar to the tenent therof be nowayes granted to assigneyes bot ane pretended assignatione therto extorted dureing the dependance of the said former proces my emulationem viciri and is Innovaty Lito pendente Lykas the said Archibald Innes since the said dependance and letters of Lawborrowes execute against him did upon the first second […] or ane or other of the dayes of the moneths of June Jully August September and October successive after others masterfully throw doune disipat and Carie away the peat stack and peatts in the pursuers possessione and has brunt only therof since his first intrussione till the […] day of June or Jully Last by past that he did cast up new peetts in the mosses belonging to the said Lady and her daughter notwithstanding of instruments taken against him in the Contriare and hath ledd these peets though instruments were Lawfullie Laid one, and intimat to him theranent, as also since the said Laborrowes and dependance has made rodds throw the pursuers cornes and distroyed them and her grass and Continued a track of vexationes against her by Charging her self and tennents at different times with severall Laborrowes therby to necessitate therin to numerous suspensiones by sureptitously Imprisoneing severalls of them particularly the said Robert Barron (who hade escaped to Edinburgh to deplore their miserable conditione at home) in the Cannogate Tolbooth by supriseing them when absent at Edinburgh before inferior Courts and when one Cause is advocat intenting ane other though all depending before superior Judges by threatneing her servants from ther Labouring and Terifieing her tennents from staying with her or keeping ther tacks with Continuant of all the other barbaraties formerly Lybelled of all which crymes or ane or other of them the said Archibald Innes is guilty of least airt and part, And Therfore Ought and should be Decerned to desist and sease from troubling the said pursuer or her tennents in the possession of the saids5 mylne croft and pertinents therof or any other of the Lairds of Auchlinbart Otherwayes then by order of Law and to pay the penalties of Laborrowes conforme to the act of parliament and otherwayes punished in his persone and goods to the terror of others to Comitt and doe the like in time comeing, And also anent the additionall Lybell at the instance of the said Hellen Gordon and her said daughter6 Making Mention That quher albeit the sumar and violent intrusion into the possession of houses Lands and heritages belonging to any party of proper right or as appearand air to his predecessor who dyed in the peacable possessione of the saids lands heritages and houses and the keeping up and detaineing of the Chartor Chist, and the wrytes and evidents of the Lands and heritadges belonging to any party and the raiseing and pursueing maliciouse and Calumnious Lybells before the Lords of our privy Councill especially against persones liveing about ane hundred myles distance from the city of Edinburgh to all crymes of an high nature and severly punishable nevertheless It is of verity that the lands of Auchinbart being provyded to the airs male and the deceast Walter Innes of Auchinbhart haveing dyed leaveing only one sone a pupill under the tutory of Hellen Gordon his mother and the pursuer now of Auchlinbart the said Walter Innes his Cousin german and nearest airs male and others, the said sone of Walter Innes and his tutors for his behoove did possess the house Maynes and office houses of Auchinbart which were not Lyfrented by the said Hellen Gordon the said Walters relict, or her mother in law dureing all the dayes of the said sone after his father, And the sone haveing also dyed in the moneth of march last before sowing of any part of the maynes the successione did devolve to Archibald Innes the pursuer]

Edinburgh the twentie one day of December Jaj vjc nyntie thrie

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Decreet

2[Decreet The Lady Auchinbart Against Innes.]34

[Anent our Soveraign Lord and Ladies letters of principall Lybell raised and pursued before the Lords of their majesties privy Councill at the instance of Hellen Gordone relict of umquhill Walter Innes of Auchlinbart for her self and tutorix to Hellen Innes her daughter and Sir James Stewart their majesties advocat for their highnes intrest in the matter underwritten Making Mentione That quher albeit the unlawfull intruding upon any of his majesties leidges and the breach of Councill Laborrowes Lawfullie execute are by the lawes and Custome of this kingdome Crimes of ane high nature and Severly punishable Nevertheless it is of verity that Archibald Innes in Tennentoune to eleid and prevent any Sentance of Councill which might be pronunced on a former Lybell of intrussione into the pursuers barne in the Maynes of Auchlinbart did upon the […] day of Jully last or ane or other of the dayes of the said moneth carie away Robert Barron tennant to the pursuer to ane ale house at the Coatt of Bridge and ther with the Landlord and severall other Complices made the said Robert Barron Drink and Ryoteously extorted from him ane pretended assignatione or subtack of his tack of the mylne of Auchlinbart to the end that when the said Mr James were removed from the barne by Decreet of Councill he might evacuat and eleid the same by entering into this new possessione, Which is almost contiguous to the former, And straight at the gates of the Ladies house, and accordingly he hath actually built ane house on the Croft and intruded therin though the tack sett by the pursuar to the tenent therof be nowayes granted to assigneyes bot ane pretended assignatione therto extorted dureing the dependance of the said former proces my emulationem viciri and is Innovaty Lito pendente Lykas the said Archibald Innes since the said dependance and letters of Lawborrowes execute against him did upon the first second […] or ane or other of the dayes of the moneths of June Jully August September and October successive after others masterfully throw doune disipat and Carie away the peat stack and peatts in the pursuers possessione and has brunt only therof since his first intrussione till the […] day of June or Jully Last by past that he did cast up new peetts in the mosses belonging to the said Lady and her daughter notwithstanding of instruments taken against him in the Contriare and hath ledd these peets though instruments were Lawfullie Laid one, and intimat to him theranent, as also since the said Laborrowes and dependance has made rodds throw the pursuers cornes and distroyed them and her grass and Continued a track of vexationes against her by Charging her self and tennents at different times with severall Laborrowes therby to necessitate therin to numerous suspensiones by sureptitously Imprisoneing severalls of them particularly the said Robert Barron (who hade escaped to Edinburgh to deplore their miserable conditione at home) in the Cannogate Tolbooth by supriseing them when absent at Edinburgh before inferior Courts and when one Cause is advocat intenting ane other though all depending before superior Judges by threatneing her servants from ther Labouring and Terifieing her tennents from staying with her or keeping ther tacks with Continuant of all the other barbaraties formerly Lybelled of all which crymes or ane or other of them the said Archibald Innes is guilty of least airt and part, And Therfore Ought and should be Decerned to desist and sease from troubling the said pursuer or her tennents in the possession of the saids5 mylne croft and pertinents therof or any other of the Lairds of Auchlinbart Otherwayes then by order of Law and to pay the penalties of Laborrowes conforme to the act of parliament and otherwayes punished in his persone and goods to the terror of others to Comitt and doe the like in time comeing, And also anent the additionall Lybell at the instance of the said Hellen Gordon and her said daughter6 Making Mention That quher albeit the sumar and violent intrusion into the possession of houses Lands and heritages belonging to any party of proper right or as appearand air to his predecessor who dyed in the peacable possessione of the saids lands heritages and houses and the keeping up and detaineing of the Chartor Chist, and the wrytes and evidents of the Lands and heritadges belonging to any party and the raiseing and pursueing maliciouse and Calumnious Lybells before the Lords of our privy Councill especially against persones liveing about ane hundred myles distance from the city of Edinburgh to all crymes of an high nature and severly punishable nevertheless It is of verity that the lands of Auchinbart being provyded to the airs male and the deceast Walter Innes of Auchinbhart haveing dyed leaveing only one sone a pupill under the tutory of Hellen Gordon his mother and the pursuer now of Auchlinbart the said Walter Innes his Cousin german and nearest airs male and others, the said sone of Walter Innes and his tutors for his behoove did possess the house Maynes and office houses of Auchinbart which were not Lyfrented by the said Hellen Gordon the said Walters relict, or her mother in law dureing all the dayes of the said sone after his father, And the sone haveing also dyed in the moneth of march last before sowing of any part of the maynes the successione did devolve to Archibald Innes the pursuer]

1. NRS, PC2/24, 293r-294v.

2. Scored-out marginal note: ‘This is the additional Lybell and should have been Last insert’.

3. This entry was scored out here.

4. Marginal note: ‘This is all wrong’.

5. The word ‘Ladie’ scored out here.

6. Marginal note: ‘And this is the principall lybell and should have bein first insert’.

1. NRS, PC2/24, 293r-294v.

2. Scored-out marginal note: ‘This is the additional Lybell and should have been Last insert’.

3. This entry was scored out here.

4. Marginal note: ‘This is all wrong’.

5. The word ‘Ladie’ scored out here.

6. Marginal note: ‘And this is the principall lybell and should have bein first insert’.

Sederunt, 21 December 1693, Edinburgh

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Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Beilhaven; Lord Polwarth; Master off Forbes; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; Laird of Stivenson; Sir Thomas Livingston

Edinburgh the twentie one day of December Jaj vjc nyntie thrie1

D1693/12/242

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Beilhaven; Lord Polwarth; Master off Forbes; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; Laird of Stivenson; Sir Thomas Livingston

1. NRS, PC2/24, 292v.

2. NRS, PC2/24, 292v.

1. NRS, PC2/24, 292v.

2. NRS, PC2/24, 292v.

Procedure: committee formed, 19 December 1693, Edinburgh

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Edinburgh the nynteinth day of December Jaj vjc nyntie thrie years

D1693/12/231

Procedure: committee formed

Committie anent the alteration of the bounds of Ross and Cromartie

Petition the Lord Tarbat anent the alteration as to the extent and bounds of the Shyres of Ross and Cromartie Remitted to the Committie appoynted upon the kings letters anent the Levies To Consider the said petitione and Report their Opinion to the Councill at their nixt meeting.

Edinburgh the nynteinth day of December Jaj vjc nyntie thrie years

D1693/12/231

Procedure: committee formed

Committie anent the alteration of the bounds of Ross and Cromartie

Petition the Lord Tarbat anent the alteration as to the extent and bounds of the Shyres of Ross and Cromartie Remitted to the Committie appoynted upon the kings letters anent the Levies To Consider the said petitione and Report their Opinion to the Councill at their nixt meeting.

1. NRS, PC2/24, 292v.

1. NRS, PC2/24, 292v.

Act, 19 December 1693, Edinburgh

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Edinburgh the nynteinth day of December Jaj vjc nyntie thrie years

D1693/12/221

Act

Act Sir William Denhom Against Ramsay

Anent a Petition given in to the Lords of their Majesties privy Councill be Sir William Denhome master of their Majesties Mint for himself and the Other officers therof Shewing That quher the houses belonging to the Mint are their Majesties houses and that upon the north side of ther is a yeard or wast, Which was so continued past all memorie of man, and which probably is under a Servitude in favors of their majesties houses, yet neverthless Sir John Ramsay pretending right to the said waste is goeing about to build up the same, And hath obtained the Dean of gilds allowance for that effect notwithstanding that the petitioner doe oppose and represent that the houses were the kings, And that, the building up the said waste would obstruct and Condemne five or six great Lights or windowes As also Render the said minthouse altogither insecure both against theives and fire And Seing that it is the petitioners dutie to apply to the saids Lords for preventing of their majesties damnadge And Therfore Humbly Craveing the saids Lords would take the premisses to their Consideratione, and would give warrand to a matter to cite the said Sir John Sumarly and in the mean time to stopp his work And to appoint some of their number to visit the same that their Lordships might determine therin what they should find Just as the said petition bears The Lords of their Majesties privy Councill haveing Considered the petition given in to them be the above Sir William Denhome Thay heirby give order and warrand to macers or messengers at armes for citeing the above Sir John Ramsay to appear before the Councill one Thursday nixt to answer to the points of the above petition, And in the mean time Stops the said Sir John his work, And Discharges the one goeing therof till farder order of Councill, And Grants warrand for citeing witnesses

Edinburgh the nynteinth day of December Jaj vjc nyntie thrie years

D1693/12/221

Act

Act Sir William Denhom Against Ramsay

Anent a Petition given in to the Lords of their Majesties privy Councill be Sir William Denhome master of their Majesties Mint for himself and the Other officers therof Shewing That quher the houses belonging to the Mint are their Majesties houses and that upon the north side of ther is a yeard or wast, Which was so continued past all memorie of man, and which probably is under a Servitude in favors of their majesties houses, yet neverthless Sir John Ramsay pretending right to the said waste is goeing about to build up the same, And hath obtained the Dean of gilds allowance for that effect notwithstanding that the petitioner doe oppose and represent that the houses were the kings, And that, the building up the said waste would obstruct and Condemne five or six great Lights or windowes As also Render the said minthouse altogither insecure both against theives and fire And Seing that it is the petitioners dutie to apply to the saids Lords for preventing of their majesties damnadge And Therfore Humbly Craveing the saids Lords would take the premisses to their Consideratione, and would give warrand to a matter to cite the said Sir John Sumarly and in the mean time to stopp his work And to appoint some of their number to visit the same that their Lordships might determine therin what they should find Just as the said petition bears The Lords of their Majesties privy Councill haveing Considered the petition given in to them be the above Sir William Denhome Thay heirby give order and warrand to macers or messengers at armes for citeing the above Sir John Ramsay to appear before the Councill one Thursday nixt to answer to the points of the above petition, And in the mean time Stops the said Sir John his work, And Discharges the one goeing therof till farder order of Councill, And Grants warrand for citeing witnesses

1. NRS, PC2/24, 292r-292v.

1. NRS, PC2/24, 292r-292v.