Tag Archives: decreta

Act, 13 February 1705, Edinburgh

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Edinburgh 13th February 1705

D1705/2/81

Act

Act in favours of Adam Boig for printing the Edinburgh Currant

Anent the petition given in and presented to the Lord high Chancellor, and remanent Lords of privie Councill, By Adam Boig, Humbly Shewing That wheras their petitioner intends to Sett forth a paper by the name of Edinburgh Courant, which will come out thrice weekly, viz: Monday, Wednesday, and Fryday, containing most of the remarkable forreign newes from their prints and letters, and also the home newes from the ports within this Kingdom when ships comes and goes, and from whence; which its hoped will prove a great advantage to Merchants and others within the Nation, (it being now altogether neglected) and seeing their petitioner has no inclination to give offence therby to the Government, and that he cannot safely doe the same without he be impowered therto by their Lordships, And therfore Craving to the effect aftermentioned as the said petition bears, The Lords of her Majesties privie Councill having Considered the above petition, given in to them by Adam Boig, and the samen being read in their presence The saids Lords Doe heirby allow and grant warrand to the petitioner to sett furth and print ane paper entituled Edinburgh Currant, containing the remarkable forreign newes from the ports within this Kingdome when Ships comes and goods, and from whence, he alwayes being answerable for the samen and for the newes therin specified and sett doun.

Edinburgh 13th February 1705

D1705/2/81

Act

Act in favours of Adam Boig for printing the Edinburgh Currant

Anent the petition given in and presented to the Lord high Chancellor, and remanent Lords of privie Councill, By Adam Boig, Humbly Shewing That wheras their petitioner intends to Sett forth a paper by the name of Edinburgh Courant, which will come out thrice weekly, viz: Monday, Wednesday, and Fryday, containing most of the remarkable forreign newes from their prints and letters, and also the home newes from the ports within this Kingdom when ships comes and goes, and from whence; which its hoped will prove a great advantage to Merchants and others within the Nation, (it being now altogether neglected) and seeing their petitioner has no inclination to give offence therby to the Government, and that he cannot safely doe the same without he be impowered therto by their Lordships, And therfore Craving to the effect aftermentioned as the said petition bears, The Lords of her Majesties privie Councill having Considered the above petition, given in to them by Adam Boig, and the samen being read in their presence The saids Lords Doe heirby allow and grant warrand to the petitioner to sett furth and print ane paper entituled Edinburgh Currant, containing the remarkable forreign newes from the ports within this Kingdome when Ships comes and goods, and from whence, he alwayes being answerable for the samen and for the newes therin specified and sett doun.

1. NRS, PC2/28, 366r-366v.

1. NRS, PC2/28, 366r-366v.

Warrant, 13 February 1705, Edinburgh

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Edinburgh 13th February 1705

D1705/2/71

Warrant

Warrand appoynting the Lady Bredisholme to use Dilligence upon her Act against her Father in Law

Anent the petition given in and presented to the Lords of her Majesties privie Councill By Lady Bredisholme younger, Shewing That where their Lordships by their Act of the date the Sixteenth day of January last bypast appoynted and Ordained the Soume of Fyfte pounds Sterling money to be payed to their petitioner by James Muirhead of Breadisholme elder and that betwixt and the second day of February instant and appoynted letters of horning to be direct therupon And accordingly their petitioner having charged the said James Muirhead of Braidisholme elder to make payment therof accordingly, who upon the charge received did mean himselfe to the Lords of Councill and Session by ane Suspension, Craving that the saids Lords would Suspend their Lordships Act, and which bill was ordained by the Lord Ordinary on the bills to be seen and answered And in the mean tyme had sisted execution upon their Lordships Act and dilligence following theron, which She humbly and in all Submission to their Lordships conceive cannot be done, but their Lordships of the privie Councill allenerly, and which is ane manifest ryot and indignity done to their Lordships, not only by the said James Muirhead of Braidisholme elder, but also by John Ingles wryter to her Majesties signet, who perswaded him to doe so, and wrote and Subscrybed the forsaid bill as ane double therof in your Lordships hands will testifie, Therfore Craving it might please their Lordships not only to appoynt their Clerks to give her out ane Caption upon the forsaids letters, But also to call for the said James Muirhead, and the said John Inglis wryter to the Signet, who induced and perswaded him to present the forsaid bill of Suspension befor the Lords of Councill and Session therby to prorogat her Starveing condition, and to eleid the payment of the forsaid soume, To appear befor their Lordships and answers for the forsaid Contempt and misdemeanour Committed againest their Lordships of the Councill, and their authority that they might be punished to the terror and example of others to doe the like in tyme comeing, as the said petition bears, The Lords of her Majesties privie Councill having Considered the above petition given in to them by the Lady Braidisholme, And the samen being read in presence, The saids Lords Doe heirby allow the petitioner to goe on in her ordinary course of Dilligence, againest James Muirhead of Braidisholme elder as accords, Notwithstanding of the bill of Suspension presented to the Lords of Councill and Session.

Edinburgh 13th February 1705

D1705/2/71

Warrant

Warrand appoynting the Lady Bredisholme to use Dilligence upon her Act against her Father in Law

Anent the petition given in and presented to the Lords of her Majesties privie Councill By Lady Bredisholme younger, Shewing That where their Lordships by their Act of the date the Sixteenth day of January last bypast appoynted and Ordained the Soume of Fyfte pounds Sterling money to be payed to their petitioner by James Muirhead of Breadisholme elder and that betwixt and the second day of February instant and appoynted letters of horning to be direct therupon And accordingly their petitioner having charged the said James Muirhead of Braidisholme elder to make payment therof accordingly, who upon the charge received did mean himselfe to the Lords of Councill and Session by ane Suspension, Craving that the saids Lords would Suspend their Lordships Act, and which bill was ordained by the Lord Ordinary on the bills to be seen and answered And in the mean tyme had sisted execution upon their Lordships Act and dilligence following theron, which She humbly and in all Submission to their Lordships conceive cannot be done, but their Lordships of the privie Councill allenerly, and which is ane manifest ryot and indignity done to their Lordships, not only by the said James Muirhead of Braidisholme elder, but also by John Ingles wryter to her Majesties signet, who perswaded him to doe so, and wrote and Subscrybed the forsaid bill as ane double therof in your Lordships hands will testifie, Therfore Craving it might please their Lordships not only to appoynt their Clerks to give her out ane Caption upon the forsaids letters, But also to call for the said James Muirhead, and the said John Inglis wryter to the Signet, who induced and perswaded him to present the forsaid bill of Suspension befor the Lords of Councill and Session therby to prorogat her Starveing condition, and to eleid the payment of the forsaid soume, To appear befor their Lordships and answers for the forsaid Contempt and misdemeanour Committed againest their Lordships of the Councill, and their authority that they might be punished to the terror and example of others to doe the like in tyme comeing, as the said petition bears, The Lords of her Majesties privie Councill having Considered the above petition given in to them by the Lady Braidisholme, And the samen being read in presence, The saids Lords Doe heirby allow the petitioner to goe on in her ordinary course of Dilligence, againest James Muirhead of Braidisholme elder as accords, Notwithstanding of the bill of Suspension presented to the Lords of Councill and Session.

1. NRS, PC2/28, 365v-366r.

1. NRS, PC2/28, 365v-366r.

Sederunt, 13 February 1705, Edinburgh

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Edinburgh 13th February 17051

D1705/2/62

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Rothes P:S:; Earl of Crafurd; Earl of Buchan; Earl of Haddingtoun; Earl of Loudoun; Earl of Leven; Earl of Dunmore; Earl of Ruglen; Earl of Hyndfoord; Earl of Roseberry; Lord Yester; Lord Belhaven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Anstruther; Mr Fra: Montgomry; Laird of Blackadder; Laird of Ormistoun younger; Lord Provost of Edinburgh

Edinburgh 13th February 17051

D1705/2/62

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Rothes P:S:; Earl of Crafurd; Earl of Buchan; Earl of Haddingtoun; Earl of Loudoun; Earl of Leven; Earl of Dunmore; Earl of Ruglen; Earl of Hyndfoord; Earl of Roseberry; Lord Yester; Lord Belhaven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Anstruther; Mr Fra: Montgomry; Laird of Blackadder; Laird of Ormistoun younger; Lord Provost of Edinburgh

1. NRS, PC2/28, 365v.

2. NRS, PC2/28, 365v.

1. NRS, PC2/28, 365v.

2. NRS, PC2/28, 365v.

Decreet, 8 February 1705, Edinburgh

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Edinburgh 8th February 1705

D1705/2/51

Decreet

Interloquitor in the proces Patton of Panholls against the Earle of Perth

Proces at the instance of Patton of Panholls againest the Earle of Perth being called and the persuer Compearing at the Barr personally with Sir Patrick Home, his advocat, and the Defender Compearing by Sir David Dalrymple, and Master John Menzies his advocats, and Both pairties Lawiers heard at the Barr, and removed, The Lords of her Majesties privie Councill, In respect the persuer judicially acknowledged at the Barr that the proces is Lisspendens befor the parliament, Doe heirby Declaire they will not meddle therin, but leaves the persuer to prosecute the samen befor the parliament as accords, And therfore frees them from any furder attendance befor the Councill upon account of the said proces.

Edinburgh 8th February 1705

D1705/2/51

Decreet

Interloquitor in the proces Patton of Panholls against the Earle of Perth

Proces at the instance of Patton of Panholls againest the Earle of Perth being called and the persuer Compearing at the Barr personally with Sir Patrick Home, his advocat, and the Defender Compearing by Sir David Dalrymple, and Master John Menzies his advocats, and Both pairties Lawiers heard at the Barr, and removed, The Lords of her Majesties privie Councill, In respect the persuer judicially acknowledged at the Barr that the proces is Lisspendens befor the parliament, Doe heirby Declaire they will not meddle therin, but leaves the persuer to prosecute the samen befor the parliament as accords, And therfore frees them from any furder attendance befor the Councill upon account of the said proces.

1. NRS, PC2/28, 365r-365v.

1. NRS, PC2/28, 365r-365v.

Decreet, 8 February 1705, Edinburgh

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Edinburgh 8th February 1705

D1705/2/41

Decreet

Decreit Mr John Kennedy Minister at Peter Coulter and Mr Alexander Thomsone some tyme minister there

Anent The principall lybell and letters of Complaint raised at the instance of Mr John Kennedy minister of the Gospell at Petercoulter, with concourse of Sir James Stewart her Majesties advocat for her Highnes interest, Makeing mention That where by the severall Lawes and acts of parliament establishing presbeterian Church Government And ratifieing the samen, and particularly by the twentie third act of the fourth session of the first parliament King William and Queen Mary Its expressly statute and Ordained that the Lords of privie Councill, and all other Magistrats Judges, and officers of Justice, give all due assistance for making the Sentences and Censures of the Church and Judicators therof to be obeyed, or otherwayes effectuall as accords, yet Nevertheless Master Alexander Thomsone sometyme minister at Petercoulter, being by the Synod of Aberdein upon the […] day of October Jaj viic and three years, or ane or other of the dayes of the said moneth lawfully deposed from the ministrie and exerciseing any pairt of the ministeriall Function, and the said Kirk of Petercoulter Declaired vaccant, Wherupon the said Complainer was by the said presbytery of Aberdeen legally and lawfully Ordained the minister of the said Kirk and parochine, wherby the Complainer has good and undoubted right to the said Kirk, manse and Gleib, Yet Notwithstanding and in high Contempt of the severall Lawes and acts of parliament forsaid, and of the Sentence of the forsaid Synod of Aberdeen, The said Mr Alexander Thomsone did still retaine the possession of the forsaid manse and Glieb, and will not yeild the possession therof to the Complainer, who was lawfully admitted and Ordained minister there, Wherfore in all Law equity and reasone, The said Mr Alexander Thomsone ought not only to be by Decreit of the Lords of privie Councill ordained to flitt and remove himselfe his wyfe, Bairns, Mentennents and Servants, cattle goods and gear, furth and frae the said Manse and Glieb of Petercoulter, But also ought to delyver up to the Complainer the keyes of the said Manse, that the Complainer might enter to the possession therof and bruike and enjoy the samen during his Incumbancie there, as also to yeild to the Complainer the possession of the forsaid Glybe that the said Complainer might enter therto labour and manure the Samen, And Anent the charge given to the said Defender to have compeared at certain day bygone to have heard and seen such order and course taken theranent as appertaines with Certification as in the said lybell or letters of Complaint is more fully Contained, Wherunto the said Master Alexander Thomson gave in the answers following, Shewing, Wheras there is a lybell raised befor their Lordships at the instance of Mr John Kennedy, pretending to be Minister at Petercoulter, with concourse of her Majesties advocat, Mentioning That by the Severall Lawes and acts of parliament establishing presbyterian Church Government, and ratifieing the samen, and particularly by the twentie third act of the fourth session of the first parliament of King William and Queen Mary, It was expressly Statute and Ordained that the Lords of Councill, and all other Magistrats, Judges, and officers of Justice, to give due assistance for making the Sentence and Censures of the Church, and Judicatories therof obeyed, or otherwayes made effectuall, Yet that Mr Alexander Thomsone being by the Synod of Aberdeen in Anno Jaj viic three years deposed from the ministry, and exerciseing any pairt of that function, The Complainer was legally admitted Minister and therby had right to the Kirk, Manse, and Glieb, and that notwithstanding of the said Lawes and sentence of the Synod of Aberdeen, the said master Alexander Thomson retains possession of the Manse and Glieb, and will not yeild the possession therof to the Complainer, And therfore Concluding a Decreit of removeing against him, It was answered That Master Alexander Thomson was legally Ordained Minister of Petercoulter and was the first of that presbytry that qualified himselfe according to Law, and denyes that he was ever legally Deposed from the Ministry or exercise therof And as to the act of parliament lybelled on, that relates to the Sentences of the Church Judicatures that the civill Authority might be interposed for rendring them effectuall, there is no sentence of any Church Judicature againest Mr Thomson, which he hes Contemned, or requyres the civill authority to be interposed for rendring it effectuall, and as to the Conclusion of removeing from the Manse and Gleib, which is the only conclusion of the Lybell, he humbly presumes that actions of removing are only competent to the ordinar Judicatures and no proper Subject of their Lordships trouble, and he did not believe that the Church Judicatures have given any Sentence of removeing againest him, wherby their Lordships authority might be demanded to make the Same effectuall, Removeings being yet less proper to their province then their Lordships, Last of all, the Complainer Master John Kennedy, nor those who gave him the Call, are not qualified conforme to act of parliament, So his pretending to the Church is plain violence and contempt of the Law, In respect wherof Master Thomson ought to be assoilzied, and Mr Kennedy Decerned in his expences, The above Lybell at the instance of Mr John Kennedy Minister of the Gospell at Peter Coulter, againest Master Alexander Thomsone Sometyme Minister there, being called and the pursuar Compearing at the Barr with Sir James Stewart her Majesties Advocat, and the Defender Compearing also personally at the barr, with Sir David Cunninghame and Mr William Black his Advocats, and the Lybell with answers therto being read, and both pairties and their Lawiers heard at the Barr, and removed, The saids Lords having Considered the Samen, have Decerned and Ordained, and heirby Decern and Ordaine the Defender to flitt and remove himselfe, wyfe, Bairns, Mentennents and Servants, Cattle goods, and gear, furth and frae the Manse and Glieb of Peter Coulter, and to leave the samen voyd and redd and delyver up the keyes of the said manse to the persuer that he may enter therto peaceably, and bruike and enjoy the Samen during his Incumbancy there, And appoynts letters of horning under the Signet of Councill to be direct heirupon upon fyftein dayes as effeirs.

Edinburgh 8th February 1705

D1705/2/41

Decreet

Decreit Mr John Kennedy Minister at Peter Coulter and Mr Alexander Thomsone some tyme minister there

Anent The principall lybell and letters of Complaint raised at the instance of Mr John Kennedy minister of the Gospell at Petercoulter, with concourse of Sir James Stewart her Majesties advocat for her Highnes interest, Makeing mention That where by the severall Lawes and acts of parliament establishing presbeterian Church Government And ratifieing the samen, and particularly by the twentie third act of the fourth session of the first parliament King William and Queen Mary Its expressly statute and Ordained that the Lords of privie Councill, and all other Magistrats Judges, and officers of Justice, give all due assistance for making the Sentences and Censures of the Church and Judicators therof to be obeyed, or otherwayes effectuall as accords, yet Nevertheless Master Alexander Thomsone sometyme minister at Petercoulter, being by the Synod of Aberdein upon the […] day of October Jaj viic and three years, or ane or other of the dayes of the said moneth lawfully deposed from the ministrie and exerciseing any pairt of the ministeriall Function, and the said Kirk of Petercoulter Declaired vaccant, Wherupon the said Complainer was by the said presbytery of Aberdeen legally and lawfully Ordained the minister of the said Kirk and parochine, wherby the Complainer has good and undoubted right to the said Kirk, manse and Gleib, Yet Notwithstanding and in high Contempt of the severall Lawes and acts of parliament forsaid, and of the Sentence of the forsaid Synod of Aberdeen, The said Mr Alexander Thomsone did still retaine the possession of the forsaid manse and Glieb, and will not yeild the possession therof to the Complainer, who was lawfully admitted and Ordained minister there, Wherfore in all Law equity and reasone, The said Mr Alexander Thomsone ought not only to be by Decreit of the Lords of privie Councill ordained to flitt and remove himselfe his wyfe, Bairns, Mentennents and Servants, cattle goods and gear, furth and frae the said Manse and Glieb of Petercoulter, But also ought to delyver up to the Complainer the keyes of the said Manse, that the Complainer might enter to the possession therof and bruike and enjoy the samen during his Incumbancie there, as also to yeild to the Complainer the possession of the forsaid Glybe that the said Complainer might enter therto labour and manure the Samen, And Anent the charge given to the said Defender to have compeared at certain day bygone to have heard and seen such order and course taken theranent as appertaines with Certification as in the said lybell or letters of Complaint is more fully Contained, Wherunto the said Master Alexander Thomson gave in the answers following, Shewing, Wheras there is a lybell raised befor their Lordships at the instance of Mr John Kennedy, pretending to be Minister at Petercoulter, with concourse of her Majesties advocat, Mentioning That by the Severall Lawes and acts of parliament establishing presbyterian Church Government, and ratifieing the samen, and particularly by the twentie third act of the fourth session of the first parliament of King William and Queen Mary, It was expressly Statute and Ordained that the Lords of Councill, and all other Magistrats, Judges, and officers of Justice, to give due assistance for making the Sentence and Censures of the Church, and Judicatories therof obeyed, or otherwayes made effectuall, Yet that Mr Alexander Thomsone being by the Synod of Aberdeen in Anno Jaj viic three years deposed from the ministry, and exerciseing any pairt of that function, The Complainer was legally admitted Minister and therby had right to the Kirk, Manse, and Glieb, and that notwithstanding of the said Lawes and sentence of the Synod of Aberdeen, the said master Alexander Thomson retains possession of the Manse and Glieb, and will not yeild the possession therof to the Complainer, And therfore Concluding a Decreit of removeing against him, It was answered That Master Alexander Thomson was legally Ordained Minister of Petercoulter and was the first of that presbytry that qualified himselfe according to Law, and denyes that he was ever legally Deposed from the Ministry or exercise therof And as to the act of parliament lybelled on, that relates to the Sentences of the Church Judicatures that the civill Authority might be interposed for rendring them effectuall, there is no sentence of any Church Judicature againest Mr Thomson, which he hes Contemned, or requyres the civill authority to be interposed for rendring it effectuall, and as to the Conclusion of removeing from the Manse and Gleib, which is the only conclusion of the Lybell, he humbly presumes that actions of removing are only competent to the ordinar Judicatures and no proper Subject of their Lordships trouble, and he did not believe that the Church Judicatures have given any Sentence of removeing againest him, wherby their Lordships authority might be demanded to make the Same effectuall, Removeings being yet less proper to their province then their Lordships, Last of all, the Complainer Master John Kennedy, nor those who gave him the Call, are not qualified conforme to act of parliament, So his pretending to the Church is plain violence and contempt of the Law, In respect wherof Master Thomson ought to be assoilzied, and Mr Kennedy Decerned in his expences, The above Lybell at the instance of Mr John Kennedy Minister of the Gospell at Peter Coulter, againest Master Alexander Thomsone Sometyme Minister there, being called and the pursuar Compearing at the Barr with Sir James Stewart her Majesties Advocat, and the Defender Compearing also personally at the barr, with Sir David Cunninghame and Mr William Black his Advocats, and the Lybell with answers therto being read, and both pairties and their Lawiers heard at the Barr, and removed, The saids Lords having Considered the Samen, have Decerned and Ordained, and heirby Decern and Ordaine the Defender to flitt and remove himselfe, wyfe, Bairns, Mentennents and Servants, Cattle goods, and gear, furth and frae the Manse and Glieb of Peter Coulter, and to leave the samen voyd and redd and delyver up the keyes of the said manse to the persuer that he may enter therto peaceably, and bruike and enjoy the Samen during his Incumbancy there, And appoynts letters of horning under the Signet of Councill to be direct heirupon upon fyftein dayes as effeirs.

1. NRS, PC2/28, 364r-365r.

1. NRS, PC2/28, 364r-365r.

Sederunt, 8 February 1705, Edinburgh

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Edinburgh 8th February 17051

D1705/2/32

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Rothes P:S:; Earl of Crafurd; Earl of Buchan; Earl of Haddingtoun; Earl of Loudoun; Earl of Leven; Earl of Ruglen; Earl of Hyndfoord; Earl of Roseberry; Lord Yester; Lord Belhaven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Arnistoun; Lord Anstruther; Mr Fra: Montgomery; Laird of Blackadder; Laird of Ormistoun younger; Lord Provost of Edinburgh

Edinburgh 8th February 17051

D1705/2/32

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Rothes P:S:; Earl of Crafurd; Earl of Buchan; Earl of Haddingtoun; Earl of Loudoun; Earl of Leven; Earl of Ruglen; Earl of Hyndfoord; Earl of Roseberry; Lord Yester; Lord Belhaven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Arnistoun; Lord Anstruther; Mr Fra: Montgomery; Laird of Blackadder; Laird of Ormistoun younger; Lord Provost of Edinburgh

1. NRS, PC2/28, 363v.

2. NRS, PC2/28, 363v.

1. NRS, PC2/28, 363v.

2. NRS, PC2/28, 363v.

Act, 1 February 1705, Edinburgh

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Edinburgh 1st February 1705

D1705/2/21

Act

Act in favours of the Countess of Southesque for ane aliment to the Earle

Anent the petition given in and presented to the Lords of her Majesties privie Councill By Mary Countess of Southesk, Shewing. That where their Lordships had been most justly pleased to continue with her the Custody of the Earle of Southesk her son, untill he be past pupillarity and attaine to the age of fourteen years compleat, wherby her jealousies and fears of his being suddenly Surpryzed and taken from her are removed, And seeing the Tutors of the said Earle by their act dated the sixth day of October Jaj vic nynty nyne years, did modifie and Ordain the Soume of Fyve thousand merks Scots yearly to be payed her for his aliment and intertainment, and that quarterly per advance, with some other Casualities mentioned in the said act, which hitherto hes been observed and payed, till about halfe a year agoe, since which tyme Mr James Martine Manadger of and Intrometter with the rents of the said Earles estate hes thought fitt to make no payments although it might have been reasonablie expected that the Earles own aliment and Intertainment should have been duly regaurded and the Soume modified for that end condignly payed, and being affraid that not only she might be made uneasie in getting payment of bygones, but also in tyme comeing, Therfore She was necessitat to make this application to their Lordships that they would be pleased to interpose their authority, And Ordaine the said Mr James Martine not only to make payment of bygones, but also to continue the Same in tyme coming as formerly appoynted by the Tutors, seeing she has no legall Compulsitor wherby to obliedge him therto, And therfor Craving to the effect aftermentioned as the said petiton bears, The Lords of her Majesties privie Councill having Considered the above petition given in to them by Mary Countess of Southesk, and the samen being read in their presence, The Saids Lords Doe heirby appoynt and Ordaine the soume of Two Thousand fyve Hundereth merks of aliment resting at and proceiding this present terme of Candlemess to be instantly payed up by the said Mr James Martine or any other Manager or Intrometter with the rents of the said Earles estate, whose names the pteitioner Shall give in Signed under her hand, and Continues the former modification of the saids Tutors conforme to the said act, during the tyme of the said Earle his aboad with the petitioner and have appoynted and Ordained and heirby Appoynts and Ordaines the said Mr James Martine or any other Intrometter with the said Estate whose names the petitioner Shall give in Signed under her hand as said is, To make payment to the petitioner of the forsaid soume of Fyve thousand merks of yearlie aliment for the said Earle, and that quarterly per advance during his abode as said is, Beginning the first quarters payment at the Terme of Whitsonday nixt to Come for the quarter immediatly following the said Terme and so furth quarterly therafter per advance Dureing the Earles aboad as said is, And Ordaines letters of horning under the Signet of Councill upon six dayes and others if need beis to be direct heiron in forme as effeirs.

Edinburgh 1st February 1705

D1705/2/21

Act

Act in favours of the Countess of Southesque for ane aliment to the Earle

Anent the petition given in and presented to the Lords of her Majesties privie Councill By Mary Countess of Southesk, Shewing. That where their Lordships had been most justly pleased to continue with her the Custody of the Earle of Southesk her son, untill he be past pupillarity and attaine to the age of fourteen years compleat, wherby her jealousies and fears of his being suddenly Surpryzed and taken from her are removed, And seeing the Tutors of the said Earle by their act dated the sixth day of October Jaj vic nynty nyne years, did modifie and Ordain the Soume of Fyve thousand merks Scots yearly to be payed her for his aliment and intertainment, and that quarterly per advance, with some other Casualities mentioned in the said act, which hitherto hes been observed and payed, till about halfe a year agoe, since which tyme Mr James Martine Manadger of and Intrometter with the rents of the said Earles estate hes thought fitt to make no payments although it might have been reasonablie expected that the Earles own aliment and Intertainment should have been duly regaurded and the Soume modified for that end condignly payed, and being affraid that not only she might be made uneasie in getting payment of bygones, but also in tyme comeing, Therfore She was necessitat to make this application to their Lordships that they would be pleased to interpose their authority, And Ordaine the said Mr James Martine not only to make payment of bygones, but also to continue the Same in tyme coming as formerly appoynted by the Tutors, seeing she has no legall Compulsitor wherby to obliedge him therto, And therfor Craving to the effect aftermentioned as the said petiton bears, The Lords of her Majesties privie Councill having Considered the above petition given in to them by Mary Countess of Southesk, and the samen being read in their presence, The Saids Lords Doe heirby appoynt and Ordaine the soume of Two Thousand fyve Hundereth merks of aliment resting at and proceiding this present terme of Candlemess to be instantly payed up by the said Mr James Martine or any other Manager or Intrometter with the rents of the said Earles estate, whose names the pteitioner Shall give in Signed under her hand, and Continues the former modification of the saids Tutors conforme to the said act, during the tyme of the said Earle his aboad with the petitioner and have appoynted and Ordained and heirby Appoynts and Ordaines the said Mr James Martine or any other Intrometter with the said Estate whose names the petitioner Shall give in Signed under her hand as said is, To make payment to the petitioner of the forsaid soume of Fyve thousand merks of yearlie aliment for the said Earle, and that quarterly per advance during his abode as said is, Beginning the first quarters payment at the Terme of Whitsonday nixt to Come for the quarter immediatly following the said Terme and so furth quarterly therafter per advance Dureing the Earles aboad as said is, And Ordaines letters of horning under the Signet of Councill upon six dayes and others if need beis to be direct heiron in forme as effeirs.

1. NRS, PC2/28, 363r-363v.

1. NRS, PC2/28, 363r-363v.

Sederunt, 1 February 1705, Edinburgh

Posted on by

Edinburgh 1st February 17051 2

D1705/2/13

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Crafurd; Earl of Southerland; Earl of Buchan; Earl of Haddingtoun; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Dunmore; Earl of Ruglen; Lord Belhaven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Anstruther; Livetenent General Ramsay; Mr Fra: Montgomery; Laird of Blackadder; Laird of Ormistoun younger; Lord Provost of Edinburgh

Edinburgh 1st February 17051 2

D1705/2/13

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Crafurd; Earl of Southerland; Earl of Buchan; Earl of Haddingtoun; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Dunmore; Earl of Ruglen; Lord Belhaven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Anstruther; Livetenent General Ramsay; Mr Fra: Montgomery; Laird of Blackadder; Laird of Ormistoun younger; Lord Provost of Edinburgh

1. NRS, PC2/28, 362v.

2. This heading is given twice, but nothing is written under the first appearance.

3. NRS, PC2/28, 363r.

1. NRS, PC2/28, 362v.

2. This heading is given twice, but nothing is written under the first appearance.

3. NRS, PC2/28, 363r.

Act, 25 January 1705, Edinburgh

Posted on by

Edinburgh 25th January 1705

D1705/1/181

Act

Act in favours of the Countess of Southesque for the Custody of the Earle

Anent the petition given in and presnted to the Lords of her Majesties privie Councill By Mary Countess of Southesque, Shewing, That My Lord named manie honourable and worthy persons and her to be Tutors to James Earle of Southesque his son to Continue Curators to him, conforme to the late act of parliament, She being Mother and Tutor have the Custody of his person, and have been so happie in the care of him, and his education; that she doe say that he was equall to anie in his age, and could Subject him to tryall, Her son and She live well and happie together to their mutuall Comfort, and to the Satisfaction of a great pairt if not of the greatest pairt of the Tutors whom she had still studied to oblidge and from whom she will expect a suitable returne, But being upon the nynteenth day of January instant requyred by the Earle of Home in name of the Tutors as his Lordship said to delyver the Earle of Southesk her son to him She was not only Surprized by the Suddentie but lykeways astonished as to what might be the occasion of the said requistition, wherfore Surpryzed as she was, She desyred his Lordships demand in wrytting and offered ane returne to morrow, the same way, But upon this his Lordship took Instruments upon his requisition, which put me in fear of other designs againest her son, wherfore she humbly represent to their Lordships that seeing nothing of neglect as to care or education, or alteration of her condition can be laid to her charge, and that such requisition insinuat a difference betwixt the Tutors and her, and that therby she and her son, are afraid of other designs and sudden surpryzers of him going to or comeing from his Schools and exercises Craving therfore it might please their Lordships that Seeing She is Mother and Tutor, and therby had the undoubted right to the Custodie of her Son, and that the other Tutors concurr with her, and that his Curators are already named by his Father, To give her and him their Lordships protection, and to authorize her to keep him till his pupillarity expyre and he have the disposall of himselfe, and so to remove her fears and jealousies which otherwayes are unavoidable, as the said petition bears, Which petition being upon the twenty third day of January Jaj viic and fyve years, read in presence of the saids Lords, They appoynted and Ordained the petitioner to have the Custody and keeping of James Earle of Southesk her son, and have Discharged and heirby Discharges any person whatsomever to meddle with or disquiet the petitioner in the peaceable possession of the said Custody and keeping of the said Earle of Southesk as they will be answerable on their highest perill, untill the said petition and answers if any be given in be advysed by the saids Lords, and allowes the rest of the Earles Tutors to See and answer the petition again Thursday nixt peremptorie, Accordingly there was a representation by way of answer given in by the Earle of Home and Northeske the Lord St Clair, My Lord Rankeillor, and Mr James Martine Tutors to the Earle of Southesque, Shewing The Deceast Charles Earle of Southesk by his nomination of Tutory did nominat and appoynt the persons above, with the Earle of Lauderdale, and Countess of Southesque, and some others, to be Tutors and Curators to his Son the present Earle and appoynted any two of them to be a Quorum, the said Mr James Martine being alwayes one, whom he likewise Ordains to be Manager of his said Son, and all his affairs and actor therin, as the said nomination doth expressly bear, The person above having accepted they proceeded with all imaginable respect toward the Countess, and did aggree frankly that she Should have the keeping and education of her Son to the age of Twelve, which was indeed a Concert, that after that age he Should be at the disposall of his Tutors in order to a free and liberall education, And this was done by act of Sederunt of the Tutors, to which both the Earle of Lauderdale and Countess are Subscrybeing, and farder the Tutors ventured upon giving to the Countess Fyve thousand merks a year, for the Earles maintenance tho he was then only seven years of age, by way of advance, which was above what would have been modified by any judge And besydes gave her, the Tack and possession of the maynes of Kinnaird, with her Lords haill Stocking theronboll, and that at rate far below the value for both and wherof my Lady Still retain’s the possession, as also She was allowed to reside in the house of Kinnaird to which She had no right, and was also allowed the use of the whole furniture and moveables of the house Such was the respect the Tutors bear to My Lady, and refused her nothing that might anywayes tend to her Satisfaction, besydes her ease and conveniency. The Tutors Shall not take notice, that they have not mett with a Suitable return, for they have all a deference and respect to her Ladyship, But insofarras they were intrusted by the defunct, and their office and duty calls them to, they could not but concern themselves in the education of the Earle, and therfore in pursuance of the abovementioned Sederunt, to which the Countess is Consenter They resolved that the Earles person Should be delivered up to them, that they might take care of his having the benefite of a liberall education at Schools and Colledges and that now Considering his age, he ought not to be keeped under her Government, or the Government of Women, and to this the generallity of the Tutors aggreed and sett down their act of Sederunt to that purpose, which was Solemnly Subscryved by them all, and also by the Earle of Lauderdale, and made intimation therof to the Countess, and civilly requyred her, and besydes their former unanimous resolution, they were the more engadged to this that the Countess contrary to the Tutors inclination and orders brought over her son heire, and maintains him under that ane and authority that he hes not been allowed these Two Winters to See any of his Tutors, These with many other considerations hes moved his Tutors after requyreing the Countess by Instrument, to raise and execute a Summonds of exhibition, and delivery of the Earles person to them befor the Lords of Session that the Earles might be bred and educat according to his Rank and quality, and have a free and liberall education suitable to his age, and the Law, and daylie practique in such cases, and to which the Countess had plainly already Consented by Subscrybeing the act of sederunt; wherin the Tutors did allow the Custody of her son to the age of Twelve, and that from thence forth, he was to be delivered up to his Tutors to be educat at schools and universities as they Should think fitt, And therfore humbly entreated that the Countess her petition might be remitted to the Judge Ordinar befor whom ther is already a depending proces for exhibition and delivery of the Earles person, and in the mean tyme, if their Lordships please for their Satisfaction, and their exoneration, the Tutors are Satisfied to meet befor any of their number. they should appoynt to justifie all the poynts of this representation; The Lords of her Majesties privie Councill having upon the day and date of thir presents Considered the above petition given in to them by Mary Countess of Southesque, with ane representation by way of answer, therto by the Earles of Home, and Northesk, The Lord Sinclair, the Lord Rankeillor, and Mr James Martine Tutors to the Earle of Northesque, The Lord Sinclair, the Lord Rankeillor and Mr James Martine Tutors to the Earle of Southesque, and the samen with the former deliverance upon the Countess petition, Being read in their presence, The saids Lords have appoynted and Ordained and heirby appoynts and Ordains the petitioner to have the Custody and keeping of James Earle of Southesque her Son during the years of his pupillarity, and ay and while he attaine to Fourteen years compleat.

Edinburgh 25th January 1705

D1705/1/181

Act

Act in favours of the Countess of Southesque for the Custody of the Earle

Anent the petition given in and presnted to the Lords of her Majesties privie Councill By Mary Countess of Southesque, Shewing, That My Lord named manie honourable and worthy persons and her to be Tutors to James Earle of Southesque his son to Continue Curators to him, conforme to the late act of parliament, She being Mother and Tutor have the Custody of his person, and have been so happie in the care of him, and his education; that she doe say that he was equall to anie in his age, and could Subject him to tryall, Her son and She live well and happie together to their mutuall Comfort, and to the Satisfaction of a great pairt if not of the greatest pairt of the Tutors whom she had still studied to oblidge and from whom she will expect a suitable returne, But being upon the nynteenth day of January instant requyred by the Earle of Home in name of the Tutors as his Lordship said to delyver the Earle of Southesk her son to him She was not only Surprized by the Suddentie but lykeways astonished as to what might be the occasion of the said requistition, wherfore Surpryzed as she was, She desyred his Lordships demand in wrytting and offered ane returne to morrow, the same way, But upon this his Lordship took Instruments upon his requisition, which put me in fear of other designs againest her son, wherfore she humbly represent to their Lordships that seeing nothing of neglect as to care or education, or alteration of her condition can be laid to her charge, and that such requisition insinuat a difference betwixt the Tutors and her, and that therby she and her son, are afraid of other designs and sudden surpryzers of him going to or comeing from his Schools and exercises Craving therfore it might please their Lordships that Seeing She is Mother and Tutor, and therby had the undoubted right to the Custodie of her Son, and that the other Tutors concurr with her, and that his Curators are already named by his Father, To give her and him their Lordships protection, and to authorize her to keep him till his pupillarity expyre and he have the disposall of himselfe, and so to remove her fears and jealousies which otherwayes are unavoidable, as the said petition bears, Which petition being upon the twenty third day of January Jaj viic and fyve years, read in presence of the saids Lords, They appoynted and Ordained the petitioner to have the Custody and keeping of James Earle of Southesk her son, and have Discharged and heirby Discharges any person whatsomever to meddle with or disquiet the petitioner in the peaceable possession of the said Custody and keeping of the said Earle of Southesk as they will be answerable on their highest perill, untill the said petition and answers if any be given in be advysed by the saids Lords, and allowes the rest of the Earles Tutors to See and answer the petition again Thursday nixt peremptorie, Accordingly there was a representation by way of answer given in by the Earle of Home and Northeske the Lord St Clair, My Lord Rankeillor, and Mr James Martine Tutors to the Earle of Southesque, Shewing The Deceast Charles Earle of Southesk by his nomination of Tutory did nominat and appoynt the persons above, with the Earle of Lauderdale, and Countess of Southesque, and some others, to be Tutors and Curators to his Son the present Earle and appoynted any two of them to be a Quorum, the said Mr James Martine being alwayes one, whom he likewise Ordains to be Manager of his said Son, and all his affairs and actor therin, as the said nomination doth expressly bear, The person above having accepted they proceeded with all imaginable respect toward the Countess, and did aggree frankly that she Should have the keeping and education of her Son to the age of Twelve, which was indeed a Concert, that after that age he Should be at the disposall of his Tutors in order to a free and liberall education, And this was done by act of Sederunt of the Tutors, to which both the Earle of Lauderdale and Countess are Subscrybeing, and farder the Tutors ventured upon giving to the Countess Fyve thousand merks a year, for the Earles maintenance tho he was then only seven years of age, by way of advance, which was above what would have been modified by any judge And besydes gave her, the Tack and possession of the maynes of Kinnaird, with her Lords haill Stocking theronboll, and that at rate far below the value for both and wherof my Lady Still retain’s the possession, as also She was allowed to reside in the house of Kinnaird to which She had no right, and was also allowed the use of the whole furniture and moveables of the house Such was the respect the Tutors bear to My Lady, and refused her nothing that might anywayes tend to her Satisfaction, besydes her ease and conveniency. The Tutors Shall not take notice, that they have not mett with a Suitable return, for they have all a deference and respect to her Ladyship, But insofarras they were intrusted by the defunct, and their office and duty calls them to, they could not but concern themselves in the education of the Earle, and therfore in pursuance of the abovementioned Sederunt, to which the Countess is Consenter They resolved that the Earles person Should be delivered up to them, that they might take care of his having the benefite of a liberall education at Schools and Colledges and that now Considering his age, he ought not to be keeped under her Government, or the Government of Women, and to this the generallity of the Tutors aggreed and sett down their act of Sederunt to that purpose, which was Solemnly Subscryved by them all, and also by the Earle of Lauderdale, and made intimation therof to the Countess, and civilly requyred her, and besydes their former unanimous resolution, they were the more engadged to this that the Countess contrary to the Tutors inclination and orders brought over her son heire, and maintains him under that ane and authority that he hes not been allowed these Two Winters to See any of his Tutors, These with many other considerations hes moved his Tutors after requyreing the Countess by Instrument, to raise and execute a Summonds of exhibition, and delivery of the Earles person to them befor the Lords of Session that the Earles might be bred and educat according to his Rank and quality, and have a free and liberall education suitable to his age, and the Law, and daylie practique in such cases, and to which the Countess had plainly already Consented by Subscrybeing the act of sederunt; wherin the Tutors did allow the Custody of her son to the age of Twelve, and that from thence forth, he was to be delivered up to his Tutors to be educat at schools and universities as they Should think fitt, And therfore humbly entreated that the Countess her petition might be remitted to the Judge Ordinar befor whom ther is already a depending proces for exhibition and delivery of the Earles person, and in the mean tyme, if their Lordships please for their Satisfaction, and their exoneration, the Tutors are Satisfied to meet befor any of their number. they should appoynt to justifie all the poynts of this representation; The Lords of her Majesties privie Councill having upon the day and date of thir presents Considered the above petition given in to them by Mary Countess of Southesque, with ane representation by way of answer, therto by the Earles of Home, and Northesk, The Lord Sinclair, the Lord Rankeillor, and Mr James Martine Tutors to the Earle of Northesque, The Lord Sinclair, the Lord Rankeillor and Mr James Martine Tutors to the Earle of Southesque, and the samen with the former deliverance upon the Countess petition, Being read in their presence, The saids Lords have appoynted and Ordained and heirby appoynts and Ordains the petitioner to have the Custody and keeping of James Earle of Southesque her Son during the years of his pupillarity, and ay and while he attaine to Fourteen years compleat.

1. NRS, PC2/28, 361r-362v.

1. NRS, PC2/28, 361r-362v.

Sederunt, 25 January 1705, Edinburgh

Posted on by

Edinburgh 25th January 17051 2

D1705/1/173

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Rothes P:S:; Earl of Crafurd; Earl of Sutherland; Earl of Buchan; Earl of Haddingtoun; Earl of Lauderdale; Earl of Loudoun; Earl of Findlater; Earl of Leven; Earl of Dunmore; Earl of Ruglen; Lord Belhaven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Halcraig; Lord Anstruther; Lord Phesdo; Mr Fra: Montgomery; Laird of Ormistoun younger; Lord Provost of Edinburgh

Edinburgh 25th January 17051 2

D1705/1/173

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Rothes P:S:; Earl of Crafurd; Earl of Sutherland; Earl of Buchan; Earl of Haddingtoun; Earl of Lauderdale; Earl of Loudoun; Earl of Findlater; Earl of Leven; Earl of Dunmore; Earl of Ruglen; Lord Belhaven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Halcraig; Lord Anstruther; Lord Phesdo; Mr Fra: Montgomery; Laird of Ormistoun younger; Lord Provost of Edinburgh

1. NRS, PC2/28, 360v.

2. This heading is given twice, but nothing is written under the first appearance.

3. NRS, PC2/28, 361r.

1. NRS, PC2/28, 360v.

2. This heading is given twice, but nothing is written under the first appearance.

3. NRS, PC2/28, 361r.