D1702/2/5
D1702/2/52
Sederunt
Lord Chancellour; Earl of Melvill p C; Marquis of Anandale; Earl of Crawfoord; Earl of Buchan; Earl of Loudoun; Earl of Levan; Earl of Northesque; Earl of Forfar; Viscount Tarbat; Lord Montgomery; Lord Boyll; Lord Advocat; Lord Thesaurer deput; Lord Justice Clerk; Lord Aberuchill; Laird of Stevenson; Lord provost of Edinburgh; Laird of Meggins
1. NRS, PC2/28,156r.
2. NRS, PC2/28,156r.
1. NRS, PC2/28,156r.
2. NRS, PC2/28,156r.
D1702/2/4
D1702/2/42
Procedure
no privat Bussines done this day
1. NRS, PC2/28,156r.
2. NRS, PC2/28,156r.
1. NRS, PC2/28,156r.
2. NRS, PC2/28,156r.
D1702/2/3
D1702/2/32
Procedure
No privat Bussines this day
1. NRS, PC2/28,156r.
2. NRS, PC2/28,156r.
1. NRS, PC2/28,156r.
2. NRS, PC2/28,156r.
D1702/2/2
D1702/2/21
Act
Anent the petition given in and presented to the Lords of his majesties privie Councill, by Thomas Barcly of Cullairnie with Concurse of John Barcly his Cousine and tutor for management of his affairs, and he for his interest Showeing that where my Lord Lindores haveing applyed to the saids Lords, in anno one thousand six hundreth and eighty three Representeing that through the petitioners minority the Bailiarie of Lindoores was thereby neglected and so his majesties srvice retarded, and the Leidges prejudged, and Therefore Craved Commission to be Baily There dureing the petitioners minority which was accordingly granted Recomending to the Commity for publict affairs to administrat to his Lordship the test, with power to him, to administrat the same to the other members of Court, Conform to the act dated the fifteenth of march one thousand six hundered and eighty three yeares, as to which the petitioners humbly Craves leave to Represent to the saids Lords primo that this act was only Craved and accordingly granted, dureing the petitioners minority which is Long Since elapsed, my Lord in his petition haveing acknowledged the petitioner to be heritaball Baily as truely the petitioner is notwithstanding whereof he masterfully opposes him, and the said John Barcly in the exercise of his Jurisdiction, albeit the saids Lords act gave him no further right to administrat then dureing the petitioners minority, which elapsed in anno Sixteen hunder and eighty four Since which tyme he, ought and most be lyable to the petitioner for the emoluments of Court, as to which He Craves action, may be reserved to him before the Judge Ordinary and that he may instantly be decerned by the saids Lords to desist from the exercise of the said Jurisdiction Especially seing secundo this act was obtained against the petitioner and his Curators wpon the accompt, they were not all freedom to take the test, of which his Lordship alsweell as of the petitioners minority did take the advantage, and thereby gott possession of what belongs to the petitioner, in property, and which he will not quitt altho that he hes no legall pretence thereto unless he be Compelled And2 Therefore humbly Craveing the saids Lords would be pleased in Consideration of the premises, which the petitioner instantly verifies by ane extract of the act, in the Lord Lindores favors herewith produced, to recall the said act in the favors of the said Lord, that the petitioner may enter wpon the exercise of the said Jurisdiction, and to Discharge the said Lord Lindores from any further opposeing and molesting the the3 petitioner in the exercise thereof and to resrve to him action against the said Lord for the bygone emoliments Intrometted with by him and his deputs since the expyreing of the petitioners minority after which he had no Colorable title therto, as the said petition bears, The Lords of his majesties privie Councill haveing considered the within petition given in to them, by Thomas Barclay of Culerine with ansuers made thereto by John Lord Lindores, they hereby declare the act of privie Councill in favors of the saids John Lord Lindores, of the date, the fifteenth day of march sixteen hunder and eighty three whereby the said Lord Lindores hes right to be Baily of the Bailiary of the Lordship and Regality of Lindores, dureing the minority of […] Barcly then of Cullernie heritaball Baily thereof void and null and any possession, the said Lord Lindores hes be vertue thereof to be now extinguished and in all tyme comeing
1. NRS, PC2/28, 155r-156r.
2. Written over an earlier word.
3. Sic.
1. NRS, PC2/28, 155r-156r.
2. Written over an earlier word.
3. Sic.
D1702/2/1
D1702/2/12
Sederunt
Lord Chancellor; Earl of Melvill p C; Marquis of Anandale; Earl of Buchan; Earl of Northesque; Earl of Loudoun; Earl of Forfar; Viscount Tarbat; Viscount Roseberrie; Lord Montgomery; Lord Boyle; Lord advocat; Lord Thesaurer deput; Lord Rankeilor; Lord provost of Edinburgh; Laird of Meggins
1. NRS, PC2/28, 155r.
2. NRS, PC2/28, 155r.
1. NRS, PC2/28, 155r.
2. NRS, PC2/28, 155r.
D1702/1/11
D1702/1/112
Procedure
No present Bussines done this day
1. NRS, PC2/28, 155r.
2. NRS, PC2/28, 151r.
1. NRS, PC2/28, 155r.
2. NRS, PC2/28, 151r.
D1702/1/10
D1702/1/101
Act
Anent the petition given in and presented to the Lords of his majesties privie Counsell by George Baily of Jervisood Showeing that severall of the writts and rights of the petitioners lands of Jeriswood, being putt into the hands of Thomas Stodhart toun Clerk of Lanerk now deceast, these writtes, and rights did fall and become in the hands of Robert Dick Successor to the said Thomas, with other writes and papers belonging to him and putt into the Custody and keepeing of the said Robert Dick by the magistrats of Lanerk and Comissioners thereof, who each of them keep a key of the Chists and Cabinets where they are laid wp: to be made forthcomeing and delivered to the persones who have Just right and the petitioner haveing present neccessary uses, for the writes belonging to him in the hands of the said deceast Thomas Hoddhart, and that the saids magistrats and Commissioners of Lanark and the said Robert Dick may make delayes to deliver wp, the saids writes to the said petitioner, wpon his recept, without ther Lordships ordor and warrand for that effect, It was Therefore Craved to the effect after mentioned as the said petition bears, The Lords of his majesties privie Counsell haveing Considered this petition given in to them by the above George Baily of Jeriswood they hereby ordain the magistrats and Commissioner of Lenark and Robert Dick Clerk to the said toun of Lenark, to deliver wp the writes rights and papers, belonging to the petitioner which were in the hands of the deceast Thomas Stodhart toun Clerk of Lenerk, and by his decease or any other way, Come in the hands Custody and keepeing of the saids magisrats or Robert Dick ther Cerk or the said Comissioner of Lanark, wpon the petitioners recept, and ordains the said the said Robert Dick his oath to be taken, thereanent before the saids magistrats or Comissioner, and ordains letters of Horning and others needfull, under the signet to pass hereupon in form as effeirs
1. NRS, PC2/28, 154r-155r.
1. NRS, PC2/28, 154r-155r.
D1702/1/9
D1702/1/92
Sederunt
Lord Chancellor; Earl of Melvill; Marquis of Anandale; Earl of Crawford; Earl of Lauderdale; Earl of Loudoun; Viscount Tarbat; Lord Montgomry; Lord Boyll; Lord advocat; Lord Thesaurer deput; Lord Justice clerk; Lord Croserig; Lord Rankeilor; Lord Phesdo; Mr Frances Montgomery; Laird of Grant; Laird of Meggins
1. NRS, PC2/28, 154r. A first 1702 corrected from 170? and then 1702 repeated.
2. NRS, PC2/28, 154r.
1. NRS, PC2/28, 154r. A first 1702 corrected from 170? and then 1702 repeated.
2. NRS, PC2/28, 154r.
D1702/1/8
D1702/1/81
Act
Anent the petition given in and presented to the Lords of his majesties privie Counsell by Anna Livingstoun spous to Leivtenant Alexander Livingstoun indueller in Linlithgow Showeing That in reguard of the Cruell and barbarous usage the petitioner mett with from her husband while she did Cohabite with him, such as beatteing her to the ground effusion of her blood, thursteing the petitioner out of the house and threatneing to murder her though he should be hanged therafrae whereby she was dayly in hazard of her life the petitioner was forced to withdraw from him (in a very indegent Condition, haveing nothing to live wpon and haveing no allowance from him) In februij seventeen hunder and one, for my safety and have ever since lived seperately from him Abeit he gott ten thousand merks of portion with me And seing the saids Lords are in use to appoynt aliment for wifes that have been in her Circumstances out of their husbands means and Estate, and that her said Husband hes a Considerable fortune such as tenements and houses in Edinburgh, payeing towards eight hundreth merks of yearly rent, besyde seven or eight thousand merks of money and that the petitioners Case att the tyme is very pressing. for a supplie and Cannot admitt of a deley she being in a starveing Condition, and haveing no money to defray the Charges of all the forms of ane ordinarie persuit It was Therefore Craved the saids Lords would be pleased to take the petitioners Case to ther Gracious Consideration and to ordain the said Alexander Livingstoun the petitioners Husband to make payment to her of ane yearly aliment of fourhundreth merks scots att two terms in the year Whitesunday and martimes, be equall portions Commenseing from the said moneth of febrij seventeen hunder and one, and in tyme comeing, and to assign the petitioner to als much of the first and readiest of the yearly rents of his said tenements and houses in Edinburgh, as will satisfie and pay, her said yearly aliment, for her better security and payment of the same, and to grant warrand to macers or messengers att armes, to Intimat this her petition, to her said Husband, and to ordain him to ansuer wpon the Intimation, with Certification The petitioner not haveing money to Cary on any other proces, thereanent, and als to Grant warrand, for Citeing of witneses if need bees as the said petition bears, The Lords of his majesties privie Counsell haveing Considered this petition given in to them be the above Anna Livingstoun they hereby allow the petitioner to raise letters for Citeing the above Livetenant Alexander Livingstoun her Husband To appear before ther Lordships wpon the […] day of […] for the Causes and to the effect above mentioned,
1. NRS, PC2/28, 153v-154r.
1. NRS, PC2/28, 153v-154r.
D1702/1/7
D1702/1/71
Act
Anent the petition given in and presented to the Lords of his majesties privie Counsell by John Moncreif late procurator att Pearth Showeing That in obedience to the saids Lords most Just Sentance the petitioner did in presence of the sheriff deput of Pearth with oppen doors wpon ane Court day, after the same was ferned wpon his knees acknowledge his fault and begg pardon of the said sheriff deput and other members of Court for the petitioners rash and inconsiderat defence offered for […] Mcclean, Dragoun, and the petitioner haveing no other mean of subsistance but merly his office of procurator before the said Court and Therefore Craveing to the effect after mentioned as the said petition bears The Lords of his majesties privie Counsell haveing Considered this petition, given in to them be the above John Moncreife, with a letter from the sheriff deput of Pearth verifieing the truth thereof, they hereby take off the former Sentance pronunced against the petitioner and repone him to his office of procurator also fully and freely in all respects as formerly
1. NRS, PC2/28, 153r.
1. NRS, PC2/28, 153r.