Tag Archives: decreta

Act, 4 July 1700, Edinburgh

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Att Edinburgh The Fourth day of July One thousand seven hundred years

D1700/7/21

Act

Act William Black Clerk of the Regality of Dumfermling

His Majesties high Commissioner and the Lords of his Majesties privy Councill Haveing Considered a Representation made to them be William Black Clerk of the Regality of Dumfermling Shewing That he haveing been cited before his Grace and their Lordships at the instance of Allan Walkinshaw upon ane incident dilligence In the proces depending before the privy Councill at the instance of William Anderson late Dean of Gild of Dumfermling against the said Allan Walkinshaw and that ther is no lybell raised at Allan Walkinshawes instance against the said William Black to which he may make answer And Therfore Craveing that he might be dismissed and allowed to returne and attend his Imployment at home His Grace and their Lordships of privy Councill Have Allowed and hereby Allowes the said William Blaik to returne to his oun home and attend his Imployment their And Have Declared and hereby Declares him free of the forsaid Citation given to him upon the said incident dilligence And discharges him to be any furder troubled or mollested in the Muttuall processes depending before the the Councill betwixt Anderson and Walkinshaw untill ther be a proces raised against the said William Blaik himself and he particularly cited therto.

Att Edinburgh The Fourth day of July One thousand seven hundred years

D1700/7/21

Act

Act William Black Clerk of the Regality of Dumfermling

His Majesties high Commissioner and the Lords of his Majesties privy Councill Haveing Considered a Representation made to them be William Black Clerk of the Regality of Dumfermling Shewing That he haveing been cited before his Grace and their Lordships at the instance of Allan Walkinshaw upon ane incident dilligence In the proces depending before the privy Councill at the instance of William Anderson late Dean of Gild of Dumfermling against the said Allan Walkinshaw and that ther is no lybell raised at Allan Walkinshawes instance against the said William Black to which he may make answer And Therfore Craveing that he might be dismissed and allowed to returne and attend his Imployment at home His Grace and their Lordships of privy Councill Have Allowed and hereby Allowes the said William Blaik to returne to his oun home and attend his Imployment their And Have Declared and hereby Declares him free of the forsaid Citation given to him upon the said incident dilligence And discharges him to be any furder troubled or mollested in the Muttuall processes depending before the the Councill betwixt Anderson and Walkinshaw untill ther be a proces raised against the said William Blaik himself and he particularly cited therto.

1. NRS, PC2/27, 348r-348v.

1. NRS, PC2/27, 348r-348v.

Sederunt, 4 July 1700, Edinburgh

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Att Edinburgh The Fourth day of July One thousand seven hundred years1

D1700/7/12

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Crafurd; Earl of Erroll; Earl of Marr; Earl of Mortone; Earl of Eglington; Earl of Lauderdale; Earl of Lothian; Earl of Finlator; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Strathnaver; Lord Carmichell S:; Lord Forbes; Lord Ruthven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Lord Phesdoe; Mr Francis Montgomry; Laird of Grant; Laird of Stivenson; Lord Provest of Edinburgh

Att Edinburgh The Fourth day of July One thousand seven hundred years1

D1700/7/12

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Crafurd; Earl of Erroll; Earl of Marr; Earl of Mortone; Earl of Eglington; Earl of Lauderdale; Earl of Lothian; Earl of Finlator; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Strathnaver; Lord Carmichell S:; Lord Forbes; Lord Ruthven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Lord Phesdoe; Mr Francis Montgomry; Laird of Grant; Laird of Stivenson; Lord Provest of Edinburgh

1. NRS, PC2/27, 348r.

2. NRS, PC2/27, 347r-348r.

1. NRS, PC2/27, 348r.

2. NRS, PC2/27, 347r-348r.

Act, 27 June 1700, Edinburgh

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Att Edinburgh The Twentie Seventh day of June Jaj viic years

D1700/6/121

Act

Act Claud Hamilton of Barnes etc

Anent a Petition given in to his Majesties high Commissioner and the Lords of his Majesties privy Councill be Cloud Hamilton of Barnes […] Edmonston of Duntreath, John Spreull of Milntoune John Stirling alias Campbell of Law, Walter Buchannan of Gillistoune John Mackrae of Holl, John Hunter Robert Mirosione […] Boigle, William Laing John and William Johnstounes, James Findlay […] Calquhoune daughter to umquhill John Calquhoune of Auchintorlie, James Lainge Brock James Donald Alexander Douglas and […] Hamilton heritors and their tenents of the Lands of Barnes, Killbowies Balquhannoran Milnetoune Auchinleck Breadfeild Edinbarned Cochnayes Dintaglennan, Auchintoshen, Easter and wester Kilpatricks Shewing That albeit quartering of Souldiers for any Civill debt for execution of any Civill right be strictly prohibited and Discharged ay in any acts of parliament as manifast oppression yet Cathcart Ensigne in the Castle of Dumbartone at the desire of John Walkinshaw factor to the Dutches of Lennox Did by ane order under his hand dated the thretein day of this moneth of June Send a partie to quarter upon the petitioners upon pretence of uplifting Some watch maill alledged due by the petitioners to the Duke or Dutches of Lennox And in prosecutione of the forsaid order the forsaid partie have Lyen and Continued to exact free quarters from the petitioners to their heavie oppression and in manifast Contempt both of acts of parliament and Claime of right against such practises particularly against Military executione for Civill rights Which if Tollerat would very soon ruin Small heritors and their tennants And the saids Lords in the Case of Sir William Hope and Gordon, Haveing Found such practises altogither Illegall though the Circumstances in that cause were not so attrocious as here And Therfore Humbly Craveing his Grace and the saids Lords would be pleased Not only to order the said partie to be removed from the petitioners without any expensses, or Rideing money Bot Likewayes Grant warrand to the petitioners for Citeing Ensigne Cathcart Corporall William Robertsone who Comanded the partie and Livetennant John Walkingshaw to answer before the saids Lords for the said Manifast oppression and free quartering Contrary to Law as the said petition bears. His Majesties high Commissioner and the Lords of his Majesties privy Councill haveing Considered the above petition given in to them by the above Claud Hamiltone of Barnes and others They hereby Ordaine the above partie quartered upon the petitioner to be removed from off them and that without any expensses or ryding money And in the mean time allowes the above Ensigned Cathcart Corporall Robertson and Livetenant Walkingshaw to see and answer the above petition as to the remanent points therof.

Att Edinburgh The Twentie Seventh day of June Jaj viic years

D1700/6/121

Act

Act Claud Hamilton of Barnes etc

Anent a Petition given in to his Majesties high Commissioner and the Lords of his Majesties privy Councill be Cloud Hamilton of Barnes […] Edmonston of Duntreath, John Spreull of Milntoune John Stirling alias Campbell of Law, Walter Buchannan of Gillistoune John Mackrae of Holl, John Hunter Robert Mirosione […] Boigle, William Laing John and William Johnstounes, James Findlay […] Calquhoune daughter to umquhill John Calquhoune of Auchintorlie, James Lainge Brock James Donald Alexander Douglas and […] Hamilton heritors and their tenents of the Lands of Barnes, Killbowies Balquhannoran Milnetoune Auchinleck Breadfeild Edinbarned Cochnayes Dintaglennan, Auchintoshen, Easter and wester Kilpatricks Shewing That albeit quartering of Souldiers for any Civill debt for execution of any Civill right be strictly prohibited and Discharged ay in any acts of parliament as manifast oppression yet Cathcart Ensigne in the Castle of Dumbartone at the desire of John Walkinshaw factor to the Dutches of Lennox Did by ane order under his hand dated the thretein day of this moneth of June Send a partie to quarter upon the petitioners upon pretence of uplifting Some watch maill alledged due by the petitioners to the Duke or Dutches of Lennox And in prosecutione of the forsaid order the forsaid partie have Lyen and Continued to exact free quarters from the petitioners to their heavie oppression and in manifast Contempt both of acts of parliament and Claime of right against such practises particularly against Military executione for Civill rights Which if Tollerat would very soon ruin Small heritors and their tennants And the saids Lords in the Case of Sir William Hope and Gordon, Haveing Found such practises altogither Illegall though the Circumstances in that cause were not so attrocious as here And Therfore Humbly Craveing his Grace and the saids Lords would be pleased Not only to order the said partie to be removed from the petitioners without any expensses, or Rideing money Bot Likewayes Grant warrand to the petitioners for Citeing Ensigne Cathcart Corporall William Robertsone who Comanded the partie and Livetennant John Walkingshaw to answer before the saids Lords for the said Manifast oppression and free quartering Contrary to Law as the said petition bears. His Majesties high Commissioner and the Lords of his Majesties privy Councill haveing Considered the above petition given in to them by the above Claud Hamiltone of Barnes and others They hereby Ordaine the above partie quartered upon the petitioner to be removed from off them and that without any expensses or ryding money And in the mean time allowes the above Ensigned Cathcart Corporall Robertson and Livetenant Walkingshaw to see and answer the above petition as to the remanent points therof.

1. NRS, PC2/27, 347r-348r.

1. NRS, PC2/27, 347r-348r.

Act, 27 June 1700, Edinburgh

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Att Edinburgh The Twentie Seventh day of June Jaj viic years

D1700/6/111

Act

Act The Lady Strowan

Anent a Petition given in to His Majesties high Commissioner and the Lords of his Majesties privy Councill Be The Lady, Strowan, and Margaret, Jannet and Allison Robertones her daughters. Shewing That the petitioner the Lady Strowan haveing raised ane process before the saids Lords against Duncan Robertsone ane most ingrate and undutifull Sone to her, For severall autrages acts of Bangstrie and oppression Committed against her and her tennents wherin some witnesses hade been adduced and examined, and by Whose depositiones it was convinceingly clear That the said Duncan hath been guilty of the acts of oppression and violence against his mother in Maner Lybelled, Bot ther being Some farder witnesses to be adduced for concludeing the probation who are not examined No messengers dareing to give to that Countrey to put the petitioners Second dilligence against the witnesses in executione The Said Duncan for preventing therof And as ane addition to his former guilt haveing now Convocat and gathered togither ane Considerable number of Idle Vagabonds and Ruffians who all of them being armed to have oppenly and avowedly Laid waste the petitioners whole Joynture Lands and banished the tennents and their goods theirfrae, And particularly hath Seased upon Mrs Margaret Robertsone his sister who possessed one of these roomes her whole goods and Caried them away with his pertie, and not only so Bot when a partie of his Majesties forces then in Garisone at Carie came at her desire in order to rescue her goods and protect her in the possession, They did fire upon them Eight or nyne severall Shott, and therafter the Commander of the partie haveing inquyred at the said Duncan how it was and on what account that he did head so many armed men, He very ingeneously acknowledged That it was to dispossess the said Lady Strowan his mother and her tennents and which he hath done very effectually And Likewayes hath Laid waist any possession his other Sister Mrs Jannet hade Wherby the petitioners are ruined publict authority Contemned and his Majesties forces Also weell as others exposed to eminent danger, so that it seems necessary That such unwarrantable Convocationes be quailled and dissipate And the Ringleaders Seazed upon and punished without which both the publict peace of the kingdome and intrest of privat parties was insecure And Therfore Humbly Craveing the saids Lords would be pleased to order the Seazing upon and apprehending the said Duncan Robertson and his accomplices wherever they may be found, And Likewayes that the said Mrs Margret Robertsone her goods taken away by the said Duncan and his partie may be seazed upon wher ever the same can be found and redelivered to her, and that the nixt adjacent souldiers to the petitioners Joynture Lands might be Ordained to protect and defend the petitioners tennants in their possessiones, And that seing ther has been so highneous ane injury done to his Majesties forces, and that by the said Duncan Cruell and outrageous acts the publict peace has been disturbed And that the Lady and her other Cheldrein by his Laying the Lands waste and Seazing and Carieing away their goods hade rendered them altogither incapable to persew for redress they being reduced to these Straits and difficultie that they hade not wherupon to Leave It was therfore Likewayes humbly Craved that the saids Lords would be pleased to ordaine the said Duncan and his accomplices to be pursued upon the publict charge As the said petitione bears His Majesties high Commissioner and the Lords of his Majesties privy Councill Haveing Considered the above petition given in to them be the above Lady Strowan, Margaret, Jannet and Alison Robertsones her daughters; With a Letter direct from John Reid to Collonell James Fergusone or in his absence to the Commandant at Pearth relateing to the same affair mentioned in the petition, They hereby Give order and warrant to the said Collonell James Fergusone or the said Commandant and Souldiers under their Command Lying at […] To Seaze upon and apprehend the persone of the above Duncan Robertsone the petitioners sone and to Cause send him to the Tolbooth of Edinburgh under a sufficient guard, And ordaines the Magistrats of Edinburgh and keeper of their Tolbooth receive the said Duncan Robertsone from the party to be sent by the said Collonell Fergusone or Commandant and to keep him prisoner in their Tolbooth till farder order and allowes the said Lady Strowan and her daughters to raise a persuite against her said sone in Comon forme.

Att Edinburgh The Twentie Seventh day of June Jaj viic years

D1700/6/111

Act

Act The Lady Strowan

Anent a Petition given in to His Majesties high Commissioner and the Lords of his Majesties privy Councill Be The Lady, Strowan, and Margaret, Jannet and Allison Robertones her daughters. Shewing That the petitioner the Lady Strowan haveing raised ane process before the saids Lords against Duncan Robertsone ane most ingrate and undutifull Sone to her, For severall autrages acts of Bangstrie and oppression Committed against her and her tennents wherin some witnesses hade been adduced and examined, and by Whose depositiones it was convinceingly clear That the said Duncan hath been guilty of the acts of oppression and violence against his mother in Maner Lybelled, Bot ther being Some farder witnesses to be adduced for concludeing the probation who are not examined No messengers dareing to give to that Countrey to put the petitioners Second dilligence against the witnesses in executione The Said Duncan for preventing therof And as ane addition to his former guilt haveing now Convocat and gathered togither ane Considerable number of Idle Vagabonds and Ruffians who all of them being armed to have oppenly and avowedly Laid waste the petitioners whole Joynture Lands and banished the tennents and their goods theirfrae, And particularly hath Seased upon Mrs Margaret Robertsone his sister who possessed one of these roomes her whole goods and Caried them away with his pertie, and not only so Bot when a partie of his Majesties forces then in Garisone at Carie came at her desire in order to rescue her goods and protect her in the possession, They did fire upon them Eight or nyne severall Shott, and therafter the Commander of the partie haveing inquyred at the said Duncan how it was and on what account that he did head so many armed men, He very ingeneously acknowledged That it was to dispossess the said Lady Strowan his mother and her tennents and which he hath done very effectually And Likewayes hath Laid waist any possession his other Sister Mrs Jannet hade Wherby the petitioners are ruined publict authority Contemned and his Majesties forces Also weell as others exposed to eminent danger, so that it seems necessary That such unwarrantable Convocationes be quailled and dissipate And the Ringleaders Seazed upon and punished without which both the publict peace of the kingdome and intrest of privat parties was insecure And Therfore Humbly Craveing the saids Lords would be pleased to order the Seazing upon and apprehending the said Duncan Robertson and his accomplices wherever they may be found, And Likewayes that the said Mrs Margret Robertsone her goods taken away by the said Duncan and his partie may be seazed upon wher ever the same can be found and redelivered to her, and that the nixt adjacent souldiers to the petitioners Joynture Lands might be Ordained to protect and defend the petitioners tennants in their possessiones, And that seing ther has been so highneous ane injury done to his Majesties forces, and that by the said Duncan Cruell and outrageous acts the publict peace has been disturbed And that the Lady and her other Cheldrein by his Laying the Lands waste and Seazing and Carieing away their goods hade rendered them altogither incapable to persew for redress they being reduced to these Straits and difficultie that they hade not wherupon to Leave It was therfore Likewayes humbly Craved that the saids Lords would be pleased to ordaine the said Duncan and his accomplices to be pursued upon the publict charge As the said petitione bears His Majesties high Commissioner and the Lords of his Majesties privy Councill Haveing Considered the above petition given in to them be the above Lady Strowan, Margaret, Jannet and Alison Robertsones her daughters; With a Letter direct from John Reid to Collonell James Fergusone or in his absence to the Commandant at Pearth relateing to the same affair mentioned in the petition, They hereby Give order and warrant to the said Collonell James Fergusone or the said Commandant and Souldiers under their Command Lying at […] To Seaze upon and apprehend the persone of the above Duncan Robertsone the petitioners sone and to Cause send him to the Tolbooth of Edinburgh under a sufficient guard, And ordaines the Magistrats of Edinburgh and keeper of their Tolbooth receive the said Duncan Robertsone from the party to be sent by the said Collonell Fergusone or Commandant and to keep him prisoner in their Tolbooth till farder order and allowes the said Lady Strowan and her daughters to raise a persuite against her said sone in Comon forme.

1. NRS, PC2/27, 345v-347r.

1. NRS, PC2/27, 345v-347r.

Decreet, 27 June 1700, Edinburgh

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Att Edinburgh The Twentie Seventh day of June Jaj viic years

D1700/6/101

Decreet

[Earl and Countess of Sutherland Against James White]

After the point of right was dismissed before the Lords of Session Conforme to the remitt to them of the date the twenty one day of November last by past The Countes of Southerland and the Earle of Southerland gave in a petitione to the Lords of his Majesties privy Councill Which with another petition given in at the same time by James Whyte Commissar Clerk of Lauder Being upon the Threteinth day of June instant Considered be the saids Lords of privy Councill, His Majesties high Commissioner and the Lords of privy Councill by their Interloquitor of the date forsaid upon the said two bills did appoint the Macers of Councill to advertise the Committie appointed in the said two Muttuall processes to meett and recomended to the said Committie to endeavor to setle and agree both parties in the Matter Lybelled And Declared they would hear both parties in the saids processes at any Certaine day now by gone And appointed them to attend the Councill that day for that effect And the Saids two processes being called this day in presence of the Lords of his majesties privy Councill, And the pursuer in the principall Lybell who is defender in the reconventione Compearing by Mr David Dalrymple and Mr William Calderwood his advocats And the defenders in the principall lybell who are persuers in the reconvention2 Compearing by Sir James Stewart his majesties advocats and both parties advocats being fully heard in the matter Lybelled And his majesties high Commissioner and Lords of his Majesties privy Councill Haveing Considered both petitiones or bills with the haill debate made be both parties procurators and wrytes produced for the Lady Southerland They Have Recalled and hereby Recalls the former order of Councill emitted in their process Discharging all parties The marques of Douglas Countes of Southerland or any other persones whatsoever to exercise any Jurisdictione be themselves or their baillies or deputes within the Bailliary of the regallity of Prestoune and Bimokle and Declaires the Same extract void and null as if it hade never been given nor pronunced And have Reponed and hereby Repones the said Countes of Southerland to the exercise of the office of Baillie in the said regallity And that in the termes of the Lords of Councill and Session their decreet wherby they Find that the said Countes of Southerland has right to the Jurisdictione of the Regallity within the bounds of the propertie of the Lands lifrented by her Which decreet of Session is dated the twentie sixth day of January Last by past And have Dicharged3 and hereby Discharges the said James Whyt or any other persone whatsoever to exerce the said office Contrary to, or Interupt the forsaid Countes or her baillies in exerceing of the same in the termes of the4 forsaid decreet of the Lords of Session in time comeing dureing all the dayes years and Space of the said Countes of Southerland her life time.

Att Edinburgh The Twentie Seventh day of June Jaj viic years

D1700/6/101

Decreet

[Earl and Countess of Sutherland Against James White]

After the point of right was dismissed before the Lords of Session Conforme to the remitt to them of the date the twenty one day of November last by past The Countes of Southerland and the Earle of Southerland gave in a petitione to the Lords of his Majesties privy Councill Which with another petition given in at the same time by James Whyte Commissar Clerk of Lauder Being upon the Threteinth day of June instant Considered be the saids Lords of privy Councill, His Majesties high Commissioner and the Lords of privy Councill by their Interloquitor of the date forsaid upon the said two bills did appoint the Macers of Councill to advertise the Committie appointed in the said two Muttuall processes to meett and recomended to the said Committie to endeavor to setle and agree both parties in the Matter Lybelled And Declared they would hear both parties in the saids processes at any Certaine day now by gone And appointed them to attend the Councill that day for that effect And the Saids two processes being called this day in presence of the Lords of his majesties privy Councill, And the pursuer in the principall Lybell who is defender in the reconventione Compearing by Mr David Dalrymple and Mr William Calderwood his advocats And the defenders in the principall lybell who are persuers in the reconvention2 Compearing by Sir James Stewart his majesties advocats and both parties advocats being fully heard in the matter Lybelled And his majesties high Commissioner and Lords of his Majesties privy Councill Haveing Considered both petitiones or bills with the haill debate made be both parties procurators and wrytes produced for the Lady Southerland They Have Recalled and hereby Recalls the former order of Councill emitted in their process Discharging all parties The marques of Douglas Countes of Southerland or any other persones whatsoever to exercise any Jurisdictione be themselves or their baillies or deputes within the Bailliary of the regallity of Prestoune and Bimokle and Declaires the Same extract void and null as if it hade never been given nor pronunced And have Reponed and hereby Repones the said Countes of Southerland to the exercise of the office of Baillie in the said regallity And that in the termes of the Lords of Councill and Session their decreet wherby they Find that the said Countes of Southerland has right to the Jurisdictione of the Regallity within the bounds of the propertie of the Lands lifrented by her Which decreet of Session is dated the twentie sixth day of January Last by past And have Dicharged3 and hereby Discharges the said James Whyt or any other persone whatsoever to exerce the said office Contrary to, or Interupt the forsaid Countes or her baillies in exerceing of the same in the termes of the4 forsaid decreet of the Lords of Session in time comeing dureing all the dayes years and Space of the said Countes of Southerland her life time.

1. NRS, PC2/27, 344v-345v.

2. The clause ‘Compearing by Mr David Dalrymple and Mr William Calderwood his advocats And the defenders in the principall lybell who are persuers in the reconvention’ is an insertion.

3. Sic.

4. The words ‘of the’ are an insertion.

1. NRS, PC2/27, 344v-345v.

2. The clause ‘Compearing by Mr David Dalrymple and Mr William Calderwood his advocats And the defenders in the principall lybell who are persuers in the reconvention’ is an insertion.

3. Sic.

4. The words ‘of the’ are an insertion.

Sederunt, 27 June 1700, Edinburgh

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Att Edinburgh The Twentie Seventh day of June Jaj viic years1

D1700/6/92

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Melvill P:C:; Earl of Crafurd; Earl of Erroll; Earl of Marr; Earl of Morton; Earl of Eglingtoune; Earl of Finlator; Earl of Leven; Earl of Forfar; Earl of Kintoir; Lord Strathnaver; Lord Carmichaell S:; Lord Forbes; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Phesdoe; Mr Fra: Montgomry; Lord Provest of Edinburgh

Att Edinburgh The Twentie Seventh day of June Jaj viic years1

D1700/6/92

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Melvill P:C:; Earl of Crafurd; Earl of Erroll; Earl of Marr; Earl of Morton; Earl of Eglingtoune; Earl of Finlator; Earl of Leven; Earl of Forfar; Earl of Kintoir; Lord Strathnaver; Lord Carmichaell S:; Lord Forbes; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Phesdoe; Mr Fra: Montgomry; Lord Provest of Edinburgh

1. NRS, PC2/27, 343v.

2. NRS, PC2/27, 344v.

1. NRS, PC2/27, 343v.

2. NRS, PC2/27, 344v.

Act, 25 June 1700, Edinburgh

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Att Edinburgh The The Twentie fyfth of June Jaj viic years

D1700/6/81

Act

Act Mary Montgomry relict of James Drumond Minister for a Steipend

Anenet the petitione given in to his Majesties high Commissioner and Lords of his majesties privy Councill be Mary Montgomry relict of the deceast James Drummond Minister of the Gospell at Killconquhar Shewing That wher the petiitoners hubsand was Minister of the said paroch and dyed on Michellmass Last betwixt thrie and four of the Cloak in the Morning and before twelve of the Cloak the said day, Wherupon a scrouple arysses Whither the said Michellmass terme be to be reckoned to him for his incumbency or to the petitioner and his Cheldrein for their Ann And Seing that it were a great hardship that the petitioner and her fatherless Cheldrein Should be deprived of the said Ann for the lak of Seven or eight houres, and that he truly Served for the said Michellmass terme Though it pleased god to remove him before twelve of the Cloak that day, And that in favorabilibus dies captus pro Completo habetur, And Lastly that the Saids Lords are in possession of disposeing the said stipend as appeared by the saids Lords former act of the fourth of February Jaj vic Nyntie two years granted to the petitioners said husband the Whitsunday terme the said year, Notwithstanding he was not admitted till June theafter as the said act therwith produced bears And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned as the said petitione bears His Majesties high Commissioner and the Lords of his Majesties privy Councill Haveing Considered the above petition given in to them be the above Mary Montgomry relict of the deceast Mr James Drummond Minister of the Gospell at Killconquhar They Doe hereby Decerne and Declair the Stipend of the above kirk of Killconquhar For the Michellmass terme Last by past to be due for the above Mr James Drummond his above Incumbencie and the nixt terme of Whitsunday now also Last by past to be due to the relict and Cheldrein for their Ann And Decernes and Ordaines the heritors Lifrenters fewars Wodsetters Titullars Tacksmen of Teynds Tennants possessars and others Lyable in payment To make payment to the above Mary Montgomry the petitioner of the said Stipend for the saids two termes of Michellmass Jaj vic nyntie nyne, And Whitsunday One Thousand seven hundred years both last by past And Ordaines Letters of Horning under the Signet of privy2 Councills on fiftein dayes and others needfull to be direct hereon at the petitioners instance against the saids heritors and others Lyable in payment of the said Stipend for the saids two termes of Michellmass Jaj vic nyntie nyne and Whitsunday Jaj vic years Upon productione of a decreet of Locallity And in case there be non Ordaines the said heritors and others forsaids Lyable in payment of the said stipend for the saids too termes To make payment to the said petitioner of their respective proportiones therof, according as they shall be decerned by the Judge ordinary.

Att Edinburgh The The Twentie fyfth of June Jaj viic years

D1700/6/81

Act

Act Mary Montgomry relict of James Drumond Minister for a Steipend

Anenet the petitione given in to his Majesties high Commissioner and Lords of his majesties privy Councill be Mary Montgomry relict of the deceast James Drummond Minister of the Gospell at Killconquhar Shewing That wher the petiitoners hubsand was Minister of the said paroch and dyed on Michellmass Last betwixt thrie and four of the Cloak in the Morning and before twelve of the Cloak the said day, Wherupon a scrouple arysses Whither the said Michellmass terme be to be reckoned to him for his incumbency or to the petitioner and his Cheldrein for their Ann And Seing that it were a great hardship that the petitioner and her fatherless Cheldrein Should be deprived of the said Ann for the lak of Seven or eight houres, and that he truly Served for the said Michellmass terme Though it pleased god to remove him before twelve of the Cloak that day, And that in favorabilibus dies captus pro Completo habetur, And Lastly that the Saids Lords are in possession of disposeing the said stipend as appeared by the saids Lords former act of the fourth of February Jaj vic Nyntie two years granted to the petitioners said husband the Whitsunday terme the said year, Notwithstanding he was not admitted till June theafter as the said act therwith produced bears And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned as the said petitione bears His Majesties high Commissioner and the Lords of his Majesties privy Councill Haveing Considered the above petition given in to them be the above Mary Montgomry relict of the deceast Mr James Drummond Minister of the Gospell at Killconquhar They Doe hereby Decerne and Declair the Stipend of the above kirk of Killconquhar For the Michellmass terme Last by past to be due for the above Mr James Drummond his above Incumbencie and the nixt terme of Whitsunday now also Last by past to be due to the relict and Cheldrein for their Ann And Decernes and Ordaines the heritors Lifrenters fewars Wodsetters Titullars Tacksmen of Teynds Tennants possessars and others Lyable in payment To make payment to the above Mary Montgomry the petitioner of the said Stipend for the saids two termes of Michellmass Jaj vic nyntie nyne, And Whitsunday One Thousand seven hundred years both last by past And Ordaines Letters of Horning under the Signet of privy2 Councills on fiftein dayes and others needfull to be direct hereon at the petitioners instance against the saids heritors and others Lyable in payment of the said Stipend for the saids two termes of Michellmass Jaj vic nyntie nyne and Whitsunday Jaj vic years Upon productione of a decreet of Locallity And in case there be non Ordaines the said heritors and others forsaids Lyable in payment of the said stipend for the saids too termes To make payment to the said petitioner of their respective proportiones therof, according as they shall be decerned by the Judge ordinary.

1. NRS, PC2/27, 343v-344v.

2. Insertion.

1. NRS, PC2/27, 343v-344v.

2. Insertion.

Sederunt, 25 June 1700, Edinburgh

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Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Melvill P:C:; Earl of Crafurd; Earl of Erroll; Earl of Marr; Earl of Mortone; Earl of Eglingtone; Earl of Lauderdale; Earl of Lowdone; Earl of Finlator; Earl of Leven; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Strathnaver; Lord Carmichaell; Lord Forbes; Lord Advocat; Lord Thesaurer Deput; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Mr Fra: Montgomry; Lord Provest of Edinburgh

Att Edinburgh The The1 Twentie fyfth of June Jaj viic years2

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Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Melvill P:C:; Earl of Crafurd; Earl of Erroll; Earl of Marr; Earl of Mortone; Earl of Eglingtone; Earl of Lauderdale; Earl of Lowdone; Earl of Finlator; Earl of Leven; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Strathnaver; Lord Carmichaell; Lord Forbes; Lord Advocat; Lord Thesaurer Deput; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Mr Fra: Montgomry; Lord Provest of Edinburgh

1. Sic.

2. NRS, PC2/27, 343v.

3. NRS, PC2/27, 343v.

1. Sic.

2. NRS, PC2/27, 343v.

3. NRS, PC2/27, 343v.

Act, 13 June 1700, Edinburgh

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Act

Act William Marishall and others for ane Manufactory of pines etc

Anent the petition given in to his Majesties high Commissioner and the Lords of his Majesties privy Councill be William Marishall William Gray John Kirkmyre and William Donaldson Merchants in Glasgow Shewing That wher the petitioners have with much paines and trouble brought from abroad skilled to work and make pines and needles boxes sheirs sythes knyves and other hard wair For which a COnsiderbale quantitie of money was yearly exported out of the kingdome, And that the petitioners are to Imploy them in the Manufactory of the forsaid particulars at the Town of Glasgow, By which many poor and young Boyes who are and have been in these hard and dear times a burdein to the kingdome, May have work and the Country eased of their trouble, And Seing that beside the many acts of parliament made for the errecting and incouradging of Manufactories The saids Lords are especially Authorized by the act of parliament Jaj vic Eightie one to declair these Manufactories that should be sett up to be such to the effect they may enjoy the priviledges Liberties and Immunities granted to Manufactories by the saids acts of parliament And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned As the said petitione bears His Majesties high Commissioner and the Lords of his Majesties privy Councill Haveing Considered the above petitione given in to them be the above William Marishall William Gray John Birkmyre and William Donaldsone merchants in Glasgow With a Letter direct by the Magistrates of Glasgow who were ordained to see and Answer the said petition to the Clerks of privy Councill Declairing the Magistrates willingnes that the said bill should pass and that it should receive all incouradgment, They hereby Give power and Warrant to the saids petitioners to sett up their Above work at Glasgow for makeing of Pinnes, Needles, boxes, Shears, Sythes, knyves and other sorts of Hardwair And declaires the Same to be a Manufactory and to have and enjoy the priviledges Liberties and Immunities granted to Manufactories by the above acts of parliament And that dureing the space and time of Nyntein years nixt after the day and date hereof.

Att Edinburgh The Threttein day of June Jaj viic years

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Act

Act William Marishall and others for ane Manufactory of pines etc

Anent the petition given in to his Majesties high Commissioner and the Lords of his Majesties privy Councill be William Marishall William Gray John Kirkmyre and William Donaldson Merchants in Glasgow Shewing That wher the petitioners have with much paines and trouble brought from abroad skilled to work and make pines and needles boxes sheirs sythes knyves and other hard wair For which a COnsiderbale quantitie of money was yearly exported out of the kingdome, And that the petitioners are to Imploy them in the Manufactory of the forsaid particulars at the Town of Glasgow, By which many poor and young Boyes who are and have been in these hard and dear times a burdein to the kingdome, May have work and the Country eased of their trouble, And Seing that beside the many acts of parliament made for the errecting and incouradging of Manufactories The saids Lords are especially Authorized by the act of parliament Jaj vic Eightie one to declair these Manufactories that should be sett up to be such to the effect they may enjoy the priviledges Liberties and Immunities granted to Manufactories by the saids acts of parliament And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned As the said petitione bears His Majesties high Commissioner and the Lords of his Majesties privy Councill Haveing Considered the above petitione given in to them be the above William Marishall William Gray John Birkmyre and William Donaldsone merchants in Glasgow With a Letter direct by the Magistrates of Glasgow who were ordained to see and Answer the said petition to the Clerks of privy Councill Declairing the Magistrates willingnes that the said bill should pass and that it should receive all incouradgment, They hereby Give power and Warrant to the saids petitioners to sett up their Above work at Glasgow for makeing of Pinnes, Needles, boxes, Shears, Sythes, knyves and other sorts of Hardwair And declaires the Same to be a Manufactory and to have and enjoy the priviledges Liberties and Immunities granted to Manufactories by the above acts of parliament And that dureing the space and time of Nyntein years nixt after the day and date hereof.

1. NRS, PC2/27, 343r-343v.

1. NRS, PC2/27, 343r-343v.

Decreet, 13 June 1700, Edinburgh

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Decreet

Decreit Certificatione John Mun against William Miller and others

Anent The Lybell or Letters of Complaint raised and pursued before the Lords of his Majesties privy Councill be John Mun in the Clachan of Rosneath And his Majesties right trustie and weell beloved Cousin and Councellor Archibald Earle of Argyll As high Justiciary of the bounds for his intrest With Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwrittin Making Mentione That wher by the Lawes of this and all other weell governed realmes Thift and Stouth Reiff, and Robbery as also the violent Seazing of mens persones and carieing them away and detaineing them as prisoners in privato Carcere are prohibit, And that the Committing therof, Especially when done against a man in his own house Which ought to be his Sanctuary and with a Convocation in arms and under cloud of night and at the dead hour therof Are Crimes of ane high nature and ought to be severly punished, Nevertheless it is of verity That2 William Miller, milner in Carnsaskine Robert Furbiter their Robert Brine in Camsaskine and William Mcadam in Cairnsaskin all four tennents to the Laird of Cowgraine and As likewayes William Deninstoune Laird of Cowgraine elder Shakeing of all regaird to his Majesties authority and Lawes did upon the Threttein day of March last and in the night therof or one ane or other of the dayes or3 nights of the said moneth come to the dwalling house of the said John Mun pursuer with armes offensive Viz two blunder bushes and a sword and other armes furnished by or at least belonging to the said Cowgrain and that betwixt the hours of Eleven and Twelue at night of the forsaid day or dayes and break up by force the door of the said house and entered therin and Searched the same and violently took away and robbed Nyne hundred merks of money as Likwayes they put violent hands upon and Seazed the persone of the said John Mun and Caried him prisoner to the house of Cowgraine and keept him prisoner ther till Eight of the Cloak the nixt Morning when out of Convictione of the wrong they hade done They dismissed the persone of the said John But still detaine and keep his money, Which money they took without Compting By all which its evident That the said […] and his accomplices or ane or other of them are guilty or actors airt and part of the forsaid Crymes or ane or other of them Which being duely proven They ought not only to be decerned to restore the forsaid Soume and also to pay the like Soume of damnadges, Bot farder punished in their persones and goods to the terror and example of others to Committ the like in time comeing And Anent the Charge given to the said defenders To have Compeared personally before the saids Lords of his majesties privy Councill at ane Certain day now bygone To have answered to the grounds of the above Complaint and to have heard and Seen such order and Course taken therwith as the saids Lords should find Just under the paine of rebellion etc as in the forsaid Lybell and executiones therof at more Lenth is Contained The forsaid Lybell at the instance of the above John Mun in Clachan of Rosneath and the Earle of Argyle as high Justiciar of the bounds of his intrest with Concourse of his majesties advocat Against William Miller Milner in Camsacken Robert Fullcutter ther ther4 Robert Bruce their, William Mcadam ther and William Dennistoune Laird of Cowgram Being this day called in presence of the Lords Lords5 of his Majesties privy Councill And the Said John Mun one of the pursuers Compearing personally and the Earle of Argyle being absent and not Compearing by Mr George Alexander Compeared as advocat for both the saids pursuers And the haill fornamed persones defenders being all Lawfullie cited oft times called and not Compearing His Majesties high Commissioner and the Saids Lords of privy Councill Doe hereby Grant Certificatione against the haill fornamed persones defenders In Respect of their absence and not Compearance And Ordaines Letters of Denunciatione to be direct to macers or messengers at armes Commanding them to pass to the Marcat Cross of […] And other places needfull And ther in his Majesties name and authoritie duely Lawfullie and orderly denounce the fornamed persones defenders his Majesties rebells and to ordaine all their Moveable goods and geir to be escheat and inbrought to his Majesties use for their Contempt and disobedience Supperceeding allwayes extract of the said Certificatione or Letters of denunicatione Untill Tewsday nixt being the Eightein of June instant be elapsed.

Att Edinburgh The Threttein day of June Jaj viic years

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Decreet

Decreit Certificatione John Mun against William Miller and others

Anent The Lybell or Letters of Complaint raised and pursued before the Lords of his Majesties privy Councill be John Mun in the Clachan of Rosneath And his Majesties right trustie and weell beloved Cousin and Councellor Archibald Earle of Argyll As high Justiciary of the bounds for his intrest With Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwrittin Making Mentione That wher by the Lawes of this and all other weell governed realmes Thift and Stouth Reiff, and Robbery as also the violent Seazing of mens persones and carieing them away and detaineing them as prisoners in privato Carcere are prohibit, And that the Committing therof, Especially when done against a man in his own house Which ought to be his Sanctuary and with a Convocation in arms and under cloud of night and at the dead hour therof Are Crimes of ane high nature and ought to be severly punished, Nevertheless it is of verity That2 William Miller, milner in Carnsaskine Robert Furbiter their Robert Brine in Camsaskine and William Mcadam in Cairnsaskin all four tennents to the Laird of Cowgraine and As likewayes William Deninstoune Laird of Cowgraine elder Shakeing of all regaird to his Majesties authority and Lawes did upon the Threttein day of March last and in the night therof or one ane or other of the dayes or3 nights of the said moneth come to the dwalling house of the said John Mun pursuer with armes offensive Viz two blunder bushes and a sword and other armes furnished by or at least belonging to the said Cowgrain and that betwixt the hours of Eleven and Twelue at night of the forsaid day or dayes and break up by force the door of the said house and entered therin and Searched the same and violently took away and robbed Nyne hundred merks of money as Likwayes they put violent hands upon and Seazed the persone of the said John Mun and Caried him prisoner to the house of Cowgraine and keept him prisoner ther till Eight of the Cloak the nixt Morning when out of Convictione of the wrong they hade done They dismissed the persone of the said John But still detaine and keep his money, Which money they took without Compting By all which its evident That the said […] and his accomplices or ane or other of them are guilty or actors airt and part of the forsaid Crymes or ane or other of them Which being duely proven They ought not only to be decerned to restore the forsaid Soume and also to pay the like Soume of damnadges, Bot farder punished in their persones and goods to the terror and example of others to Committ the like in time comeing And Anent the Charge given to the said defenders To have Compeared personally before the saids Lords of his majesties privy Councill at ane Certain day now bygone To have answered to the grounds of the above Complaint and to have heard and Seen such order and Course taken therwith as the saids Lords should find Just under the paine of rebellion etc as in the forsaid Lybell and executiones therof at more Lenth is Contained The forsaid Lybell at the instance of the above John Mun in Clachan of Rosneath and the Earle of Argyle as high Justiciar of the bounds of his intrest with Concourse of his majesties advocat Against William Miller Milner in Camsacken Robert Fullcutter ther ther4 Robert Bruce their, William Mcadam ther and William Dennistoune Laird of Cowgram Being this day called in presence of the Lords Lords5 of his Majesties privy Councill And the Said John Mun one of the pursuers Compearing personally and the Earle of Argyle being absent and not Compearing by Mr George Alexander Compeared as advocat for both the saids pursuers And the haill fornamed persones defenders being all Lawfullie cited oft times called and not Compearing His Majesties high Commissioner and the Saids Lords of privy Councill Doe hereby Grant Certificatione against the haill fornamed persones defenders In Respect of their absence and not Compearance And Ordaines Letters of Denunciatione to be direct to macers or messengers at armes Commanding them to pass to the Marcat Cross of […] And other places needfull And ther in his Majesties name and authoritie duely Lawfullie and orderly denounce the fornamed persones defenders his Majesties rebells and to ordaine all their Moveable goods and geir to be escheat and inbrought to his Majesties use for their Contempt and disobedience Supperceeding allwayes extract of the said Certificatione or Letters of denunicatione Untill Tewsday nixt being the Eightein of June instant be elapsed.

1. NRS, PC2/27, 341v-343r.

2. Scored out at this point: ‘Robert Semple Sometime of Fillwood and John Crabb and Francis Sleman his servants as also’.

3. Insertion.

4. Sic.

5. Sic.

1. NRS, PC2/27, 341v-343r.

2. Scored out at this point: ‘Robert Semple Sometime of Fillwood and John Crabb and Francis Sleman his servants as also’.

3. Insertion.

4. Sic.

5. Sic.