Act, 7 December 1693, Edinburgh

Edinburgh the Seventh day of December Jaj vjc nyntie thrie years

D1693/12/111

Act

Act Mr David Ogilvie

Anent a Petition given in to the Lords of ther Majesties privy Councill be Mr David Ogilvie minister of Aberbrothick Shewing That quher the saids Lords by their act the fourt of August Jaj vjc nyntie two upon the petitioners call and Declaratione of the magistrats of Aberbrothick and the heritors of the parish that the petitioner hade served the cure and hade qualified himself according to the Lawes and proclamationes for the time, And Therfore were willing to pay the petitioner his Stipend Wherupon the saids Lords did allow the petitioner the stipend of the said Church for the year Jaj vjc nyntie two And the half of the year nyntie one And Seing the petitioner has still served the said cure, And has qualified himself according to the late act of Parliament By takeing the oath of alledgance and assurance conforme to the testificat under the hand of the shirreff Clerk of Forfar produced And aine still most willing to submitt himself to the presbyterian government and subscrive the confession of faith In the termes of the act of Parliament theranen Bot the Sitting of the generall assembly and the application therto being as yet incertaine and a Considerable part of the said stipend Lying in the viccaradge teynds and teynds of the burrow aikers which when not tymeously drawen are altogither lost to the petitioner And Therfore Humbly Craveing the saids Lords To allow the petitioner the stipend of the said Church of Aberbrothick for the cropt Jaj vjc nyntie thrie and in time comeing dureing his serving the said2 cure and ay and quhill the generall assembly shall sitt, And the petitioner make applicatione therto in the termes of the said act of parliament as the petitione bears The Lords of their Majesties privy Councill haveing Considered this petitione given in to them be them above Mr David Ogilvie with the act of Councill, Call, Declaration and testificat of taking the alledgance and assurance mentioned therin and produced therwith They heirby allow to the petitioner the stipend of the above kirk of Aberbrothick for the cropt and year of god Jaj vjc nyntie thrie only And Ordaines him to be readily answered obeyed and payed therof be the heritors fewers wodsetters and others Lyable in payment of the same, And Ordaines letters of horning under the signet of Councill against them for that effect, He produceing a Decreet of Locality, And incace ther be non ordaines these Lyable to make payment to the petitioner of the respective proportiones of the said years stipend according as they shall be Decerned be the Judge ordinary.

Edinburgh the Seventh day of December Jaj vjc nyntie thrie years

D1693/12/111

Act

Act Mr David Ogilvie

Anent a Petition given in to the Lords of ther Majesties privy Councill be Mr David Ogilvie minister of Aberbrothick Shewing That quher the saids Lords by their act the fourt of August Jaj vjc nyntie two upon the petitioners call and Declaratione of the magistrats of Aberbrothick and the heritors of the parish that the petitioner hade served the cure and hade qualified himself according to the Lawes and proclamationes for the time, And Therfore were willing to pay the petitioner his Stipend Wherupon the saids Lords did allow the petitioner the stipend of the said Church for the year Jaj vjc nyntie two And the half of the year nyntie one And Seing the petitioner has still served the said cure, And has qualified himself according to the late act of Parliament By takeing the oath of alledgance and assurance conforme to the testificat under the hand of the shirreff Clerk of Forfar produced And aine still most willing to submitt himself to the presbyterian government and subscrive the confession of faith In the termes of the act of Parliament theranen Bot the Sitting of the generall assembly and the application therto being as yet incertaine and a Considerable part of the said stipend Lying in the viccaradge teynds and teynds of the burrow aikers which when not tymeously drawen are altogither lost to the petitioner And Therfore Humbly Craveing the saids Lords To allow the petitioner the stipend of the said Church of Aberbrothick for the cropt Jaj vjc nyntie thrie and in time comeing dureing his serving the said2 cure and ay and quhill the generall assembly shall sitt, And the petitioner make applicatione therto in the termes of the said act of parliament as the petitione bears The Lords of their Majesties privy Councill haveing Considered this petitione given in to them be them above Mr David Ogilvie with the act of Councill, Call, Declaration and testificat of taking the alledgance and assurance mentioned therin and produced therwith They heirby allow to the petitioner the stipend of the above kirk of Aberbrothick for the cropt and year of god Jaj vjc nyntie thrie only And Ordaines him to be readily answered obeyed and payed therof be the heritors fewers wodsetters and others Lyable in payment of the same, And Ordaines letters of horning under the signet of Councill against them for that effect, He produceing a Decreet of Locality, And incace ther be non ordaines these Lyable to make payment to the petitioner of the respective proportiones of the said years stipend according as they shall be Decerned be the Judge ordinary.

1. NRS, PC2/24, 285r-285v.

2. Insertion.

1. NRS, PC2/24, 285r-285v.

2. Insertion.

Procedure: committee formed, 7 December 1693, Edinburgh

Edinburgh the Seventh day of December Jaj vjc nyntie thrie years

D1693/12/101

Procedure: committee formed

Comittie anent The tacksmen of the additionall excises

Petition the Tacksmen of the additionall excyse representing the obstructiones and abuses they mett with in uplifting the said excyses And that the Commissioners of the thesaurie have cisted executione on the tacksmens Decreets Craveing the Councill may take order for removeing these obstructiones and remeiding these abuses Read and Recommended to the Earles of Linlithgow and Anandale, The Viscount of Tarbatt The Lords Beilhaven and Polwarth, The Lord Justice Clerk and her John Maxuell of Pollock To Consider the petition and to hear the tacksmen and also the persones Complained upon and to cause cite such persones and Call for such papers records and warrands as they shall find necessary in this affair and to report to the Councill and Declaires any four of the above Committie to be a quourum.

Edinburgh the Seventh day of December Jaj vjc nyntie thrie years

D1693/12/101

Procedure: committee formed

Comittie anent The tacksmen of the additionall excises

Petition the Tacksmen of the additionall excyse representing the obstructiones and abuses they mett with in uplifting the said excyses And that the Commissioners of the thesaurie have cisted executione on the tacksmens Decreets Craveing the Councill may take order for removeing these obstructiones and remeiding these abuses Read and Recommended to the Earles of Linlithgow and Anandale, The Viscount of Tarbatt The Lords Beilhaven and Polwarth, The Lord Justice Clerk and her John Maxuell of Pollock To Consider the petition and to hear the tacksmen and also the persones Complained upon and to cause cite such persones and Call for such papers records and warrands as they shall find necessary in this affair and to report to the Councill and Declaires any four of the above Committie to be a quourum.

1. NRS, PC2/24, 284v-285r.

1. NRS, PC2/24, 284v-285r.

Act, 7 December 1693, Edinburgh

Edinburgh the Seventh day of December Jaj vjc nyntie thrie years

D1693/12/91

Act

Act Alexander Hamilton

Anent a Petition given in to the Lords of their majesties privy Councill be Alexander Hamiltone merchant in Edinburgh and his partners Shewing That quher the petitioner hath undertaken to sett up a bank or profitable adventur for the fortunat in the city of Edinburgh of Twentie five Thousand Crouns in Imitation of that lately sett up and finished at London with so great ane applause Consisting of Fiftie thousand tickets each ticket to be bot half ane Croun upon which undertakeing the petitioner allready has and will yet be at Considerable expenses in makeing the books publishing print, and doeing other things necessar preprative to undertakeing and that it will be of great prejudice to the petitioner if any other should sett up the said bank or profitable adventure dureing the Space that the petitioner is giveing about to finish this his undertakeing, And alsoe that the petitioners has obtained from the master of Revalls ane warrand or License for setting up the said bank and adventure heirwith produced And Therfore Humbly Craveing to the effect aftermentioned The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above Alexander Hamiltone and his partners They heirby Discharge any other persone or persones then the petitioner to sett up and undertake the above bank or profitable adventure for the fortunat for the space of six moneths after the date heirof That the petitioner be not prejudged in his undertaking or damnified by the expenses and Charges therof in case any other person should sett up the same dureing the said space.

Edinburgh the Seventh day of December Jaj vjc nyntie thrie years

D1693/12/91

Act

Act Alexander Hamilton

Anent a Petition given in to the Lords of their majesties privy Councill be Alexander Hamiltone merchant in Edinburgh and his partners Shewing That quher the petitioner hath undertaken to sett up a bank or profitable adventur for the fortunat in the city of Edinburgh of Twentie five Thousand Crouns in Imitation of that lately sett up and finished at London with so great ane applause Consisting of Fiftie thousand tickets each ticket to be bot half ane Croun upon which undertakeing the petitioner allready has and will yet be at Considerable expenses in makeing the books publishing print, and doeing other things necessar preprative to undertakeing and that it will be of great prejudice to the petitioner if any other should sett up the said bank or profitable adventure dureing the Space that the petitioner is giveing about to finish this his undertakeing, And alsoe that the petitioners has obtained from the master of Revalls ane warrand or License for setting up the said bank and adventure heirwith produced And Therfore Humbly Craveing to the effect aftermentioned The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above Alexander Hamiltone and his partners They heirby Discharge any other persone or persones then the petitioner to sett up and undertake the above bank or profitable adventure for the fortunat for the space of six moneths after the date heirof That the petitioner be not prejudged in his undertaking or damnified by the expenses and Charges therof in case any other person should sett up the same dureing the said space.

1. NRS, PC2/24, 284r-284v.

1. NRS, PC2/24, 284r-284v.

Order, 7 December 1693, Edinburgh

Edinburgh the Seventh day of December Jaj vjc nyntie thrie years

D1693/12/81

Order

Recomendatione To the Thesaurie anent Mcnaughtons house dues.

The Lords of Ther Majesties privy Councill Haveing by ther act of the date the fifth day of December instant ordered John Mcnaughton prisoner in the Canongate Tolbooth taken at Cromdall to be sett at libertie upon enacting himself in maner as is therby appointed, And being informed that James Hamilton keeper of the Canongate Tolbooth does still detaine the prisoner for payment of his house dues, The saids Lords doe heirby Ordaine the said James Hamilton to sett the said John Mcnaught[on] at Libertie free of house dues, and Recomends the said James Hamilton to the Lords Commissioners of their majesties thesaury for payment of the said house dues

Edinburgh the Seventh day of December Jaj vjc nyntie thrie years

D1693/12/81

Order

Recomendatione To the Thesaurie anent Mcnaughtons house dues.

The Lords of Ther Majesties privy Councill Haveing by ther act of the date the fifth day of December instant ordered John Mcnaughton prisoner in the Canongate Tolbooth taken at Cromdall to be sett at libertie upon enacting himself in maner as is therby appointed, And being informed that James Hamilton keeper of the Canongate Tolbooth does still detaine the prisoner for payment of his house dues, The saids Lords doe heirby Ordaine the said James Hamilton to sett the said John Mcnaught[on] at Libertie free of house dues, and Recomends the said James Hamilton to the Lords Commissioners of their majesties thesaury for payment of the said house dues

1. NRS, PC2/24, 284r.

1. NRS, PC2/24, 284r.

Sederunt, 7 December 1693, Edinburgh

Edinburgh the Seventh day of December Jaj vjc nyntie thrie years1

D1693/12/72

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Ross; Lord Beilhaven; Lord Polwarth; Master of Forbes; Lord Justice Clerk; Lord Hatton; Lord Enstruther; Mr Fr: Montgomrie; Laird of Pollock

Edinburgh the Seventh day of December Jaj vjc nyntie thrie years1

D1693/12/72

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Ross; Lord Beilhaven; Lord Polwarth; Master of Forbes; Lord Justice Clerk; Lord Hatton; Lord Enstruther; Mr Fr: Montgomrie; Laird of Pollock

1. NRS, PC2/24, 284r.

2. NRS, PC2/24, 284r.

1. NRS, PC2/24, 284r.

2. NRS, PC2/24, 284r.

Petition, 5 December 1693, Edinburgh

Edinburgh The Fifth day December Jaj vjc nyntie thrie years

D1693/12/61

Petition

[Petition Margaret Forbes]

Petitione Margrat Forbes relict of Mr Rait Complaineing the heritors of Aberluthnet will not appryss the manse her husband being dead Read and haveing Considered the petition and instruments mentioned therin and produced therwith Remitts the petitioner and pursue the heritors for appretiation of the said manse before the shireff principall of Kincardine or his deputes.

Edinburgh The Fifth day December Jaj vjc nyntie thrie years

D1693/12/61

Petition

[Petition Margaret Forbes]

Petitione Margrat Forbes relict of Mr Rait Complaineing the heritors of Aberluthnet will not appryss the manse her husband being dead Read and haveing Considered the petition and instruments mentioned therin and produced therwith Remitts the petitioner and pursue the heritors for appretiation of the said manse before the shireff principall of Kincardine or his deputes.

1. NRS, PC2/24, 284r.

1. NRS, PC2/24, 284r.

Warrant, 5 December 1693, Edinburgh

Edinburgh The Fifth day December Jaj vjc nyntie thrie years

D1693/12/51

Warrant

Elizabeth Howat Against her husband

In the petition Elizabeth Howat against her husband, The Councill appointed the husband to be Called to answer to the points in the petitione And Grants warrand for citeing witnesses In Comon form.

Edinburgh The Fifth day December Jaj vjc nyntie thrie years

D1693/12/51

Warrant

Elizabeth Howat Against her husband

In the petition Elizabeth Howat against her husband, The Councill appointed the husband to be Called to answer to the points in the petitione And Grants warrand for citeing witnesses In Comon form.

1. NRS, PC2/24, 283v.

1. NRS, PC2/24, 283v.

Procedure, 5 December 1693, Edinburgh

Edinburgh The Fifth day December Jaj vjc nyntie thrie years

D1693/12/41

Procedure

[Petition procurator fiscal of Pittenweem]

In the petitione the procurator phiscall of Pitenweyme The Councill being informed that this matter to submitted they Declare they will not proceed to Consider the said petition untill all parties be Lawfullie Certiorat therof.

Edinburgh The Fifth day December Jaj vjc nyntie thrie years

D1693/12/41

Procedure

[Petition procurator fiscal of Pittenweem]

In the petitione the procurator phiscall of Pitenweyme The Councill being informed that this matter to submitted they Declare they will not proceed to Consider the said petition untill all parties be Lawfullie Certiorat therof.

1. NRS, PC2/24, 283v.

1. NRS, PC2/24, 283v.

Order, 5 December 1693, Edinburgh

Edinburgh The Fifth day December Jaj vjc nyntie thrie years

D1693/12/31

Order

Thomas Robertson allowed to be a witnes for the toune of Glassgow

The Councill ordaines Thomas Robertsone tacksman of the Ladles of Glassgow to be received a witnes for the toune, notwithstanding of the objectione and answers reported to them be Mr Frances Montgomrie

Edinburgh The Fifth day December Jaj vjc nyntie thrie years

D1693/12/31

Order

Thomas Robertson allowed to be a witnes for the toune of Glassgow

The Councill ordaines Thomas Robertsone tacksman of the Ladles of Glassgow to be received a witnes for the toune, notwithstanding of the objectione and answers reported to them be Mr Frances Montgomrie

1. NRS, PC2/24, 283v.

1. NRS, PC2/24, 283v.

Procedure: remission, 5 December 1693, Edinburgh

Edinburgh The Fifth day December Jaj vjc nyntie thrie years

D1693/12/21

Procedure: remission

Remitt The Earle of Kelly and Lord Balcaskie

The Lords of their Majesties privy Councill doe heirby Remitt to the Lords of Councill and session to discuss and determine the point of right in Contraversie betwixt the Earle of Kelly and Sir George Niccolsone of Balcaskie anent the lands of Greendykes In respect the Lord high Chancelor acquanted the Councill that both parties Have Declared ther consent to the Remitting of the same.

Edinburgh The Fifth day December Jaj vjc nyntie thrie years

D1693/12/21

Procedure: remission

Remitt The Earle of Kelly and Lord Balcaskie

The Lords of their Majesties privy Councill doe heirby Remitt to the Lords of Councill and session to discuss and determine the point of right in Contraversie betwixt the Earle of Kelly and Sir George Niccolsone of Balcaskie anent the lands of Greendykes In respect the Lord high Chancelor acquanted the Councill that both parties Have Declared ther consent to the Remitting of the same.

1. NRS, PC2/24, 283v.

1. NRS, PC2/24, 283v.