Tag Archives: decreta

Decreet, 27 February 1700, Edinburgh

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Att Edinburgh The Twentie Seventh of February Jaj vic years

D1700/2/161

Decreet

Interloquitor William Anderson Against Adam Walkinshaw

The Process William Anderson against Allan Walkinshaw Being to be farder advised and both parties Lawiers being to be heard upon this point Viz Who Should be Lyable for the damnadges Committed And the said William Anderson pursuer Compearing personally with Sir David Thores and Mr Thomas Skeen his advocats, And the said Allan Walkinshaw defender Compearing personally with Sir Androw Home Mr David Dalrymple and Mr John Ferguson his advocats And the Lords of his Majesties privy Councill haveing at Length heard both parties Lawiers forsaids and haveing heard their Lordships Last interloquitor in this process upon the Thretein of February instant read in their presence, They Find Allan Walkinshaw Lyable for the Illegallity in the quartering and exacting quartering money Illegally, And Recommends to the Committie formerly appointed in this matter viz The Earles of Crafurd Marr and Leven, The Viscount of Tarbatt The Lord Rankeillor and Sir Robert Sinclair of Stivenson farder to Consider and examine this matter And adds the Lord Montgomry and Boyle to the former Comittie and declares any two of the Comittie to be a sufficient quorum And Recomends to the said Comittie to meett the morrow at ten in the forenoon and to endeavour to setle and agree the parties

Att Edinburgh The Twentie Seventh of February Jaj vic years

D1700/2/161

Decreet

Interloquitor William Anderson Against Adam Walkinshaw

The Process William Anderson against Allan Walkinshaw Being to be farder advised and both parties Lawiers being to be heard upon this point Viz Who Should be Lyable for the damnadges Committed And the said William Anderson pursuer Compearing personally with Sir David Thores and Mr Thomas Skeen his advocats, And the said Allan Walkinshaw defender Compearing personally with Sir Androw Home Mr David Dalrymple and Mr John Ferguson his advocats And the Lords of his Majesties privy Councill haveing at Length heard both parties Lawiers forsaids and haveing heard their Lordships Last interloquitor in this process upon the Thretein of February instant read in their presence, They Find Allan Walkinshaw Lyable for the Illegallity in the quartering and exacting quartering money Illegally, And Recommends to the Committie formerly appointed in this matter viz The Earles of Crafurd Marr and Leven, The Viscount of Tarbatt The Lord Rankeillor and Sir Robert Sinclair of Stivenson farder to Consider and examine this matter And adds the Lord Montgomry and Boyle to the former Comittie and declares any two of the Comittie to be a sufficient quorum And Recomends to the said Comittie to meett the morrow at ten in the forenoon and to endeavour to setle and agree the parties

1. NRS, PC2/27, 313r-313v.

1. NRS, PC2/27, 313r-313v.

Act, 27 February 1700, Edinburgh

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Att Edinburgh The Twentie Seventh of February Jaj vic years

D1700/2/151

Act

Act Ordaineing Mr William Cheisly to pay the Master of the Cannogate Tolbooth for his Sones house dewes

Anent a Petition given in to the Lords of his majesties privy Councill be Archibald Cheisly only sone to Mr William Cheisly of Cockburne wryter to the Signet Shewing That wher the said Mr William Cheisly haveing procurred a warrand from the saids Lords and therupon incarcerat the petitioner in May Jaj vic Nyntie Seven, and detained him ther ever since syne without any probatione Which being often represented to the saids Lords, Ther Lordships 2 at Lenth by their act of the date the Twentie fifth day of Jannuary Last appointed the petitioner to be sett at Libertie, Notwithstanding therof the petitioner was Still detained prisoner for his house dues, Wherby the petitioner would be a perpetuall prisoner unless the saids Lords would be Gratiously pleased to provyde remeed And Seing the saids Lords Justice and favor in granting the petitioner Liberatione would be altogither in effectuall unless their Lordships were pleased to take some effectuall order to oblidge the petitioners father to satisfie the saids dues for the petitioners Imprisonment these thertie two moneths and upwards And Therfore humbly Supplicating the saids Lords to the effect aftermentioned as the petitione bears The Lords of his majesties privy Councill haveing Considered the above petitione given in to them be Archibald Cheisly only sone to Mr William Cheisly of Cockburne They hereby Ordaine the said Mr William Cheisly to Satisfie and pay to James Hamilton Master of the Cannogate Tolbooth the petitioners house dues dureing the time of his Imprisonment

Att Edinburgh The Twentie Seventh of February Jaj vic years

D1700/2/151

Act

Act Ordaineing Mr William Cheisly to pay the Master of the Cannogate Tolbooth for his Sones house dewes

Anent a Petition given in to the Lords of his majesties privy Councill be Archibald Cheisly only sone to Mr William Cheisly of Cockburne wryter to the Signet Shewing That wher the said Mr William Cheisly haveing procurred a warrand from the saids Lords and therupon incarcerat the petitioner in May Jaj vic Nyntie Seven, and detained him ther ever since syne without any probatione Which being often represented to the saids Lords, Ther Lordships 2 at Lenth by their act of the date the Twentie fifth day of Jannuary Last appointed the petitioner to be sett at Libertie, Notwithstanding therof the petitioner was Still detained prisoner for his house dues, Wherby the petitioner would be a perpetuall prisoner unless the saids Lords would be Gratiously pleased to provyde remeed And Seing the saids Lords Justice and favor in granting the petitioner Liberatione would be altogither in effectuall unless their Lordships were pleased to take some effectuall order to oblidge the petitioners father to satisfie the saids dues for the petitioners Imprisonment these thertie two moneths and upwards And Therfore humbly Supplicating the saids Lords to the effect aftermentioned as the petitione bears The Lords of his majesties privy Councill haveing Considered the above petitione given in to them be Archibald Cheisly only sone to Mr William Cheisly of Cockburne They hereby Ordaine the said Mr William Cheisly to Satisfie and pay to James Hamilton Master of the Cannogate Tolbooth the petitioners house dues dureing the time of his Imprisonment

1. NRS, PC2/27, 312v-313r.

2. The word ‘was’ scored out here.

1. NRS, PC2/27, 312v-313r.

2. The word ‘was’ scored out here.

Procedure, 27 February 1700, Edinburgh

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Att Edinburgh The Twentie Seventh of February Jaj vic years

D1700/2/141

Procedure

[Approbation of Andrew Crafurd’s imprisonment]

Sir James Stewart his Majesties advocat having Represented to the Lords of his Majesties privy Councill, That he hade Caused Seaze and Imprison Androw Crafurd in the Tolbooth of Edinburgh In Respect that being lately come to the Countrey and being debitor to severall persones, And particularly to two of the name of Caruthers and one called Scrymsoor who hade made applicatione to his Lordship, That the said Androw Crafurd was designeing to retire himself out of the Countrey again Wherupon his Lordship hade caused incarcerat him as said is Untill he find Cautione Judicio Sisti et Judicatum Solvi, And Craved that the saids Lords would approve of what he hade done Which the Councill have Aproved and hereby Aproves off.

Att Edinburgh The Twentie Seventh of February Jaj vic years

D1700/2/141

Procedure

[Approbation of Andrew Crafurd’s imprisonment]

Sir James Stewart his Majesties advocat having Represented to the Lords of his Majesties privy Councill, That he hade Caused Seaze and Imprison Androw Crafurd in the Tolbooth of Edinburgh In Respect that being lately come to the Countrey and being debitor to severall persones, And particularly to two of the name of Caruthers and one called Scrymsoor who hade made applicatione to his Lordship, That the said Androw Crafurd was designeing to retire himself out of the Countrey again Wherupon his Lordship hade caused incarcerat him as said is Untill he find Cautione Judicio Sisti et Judicatum Solvi, And Craved that the saids Lords would approve of what he hade done Which the Councill have Aproved and hereby Aproves off.

1. NRS, PC2/27, 312v.

1. NRS, PC2/27, 312v.

Sederunt, 27 February 1700, Edinburgh

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Att Edinburgh The Twentie Seventh of February Jaj vic years1

D1700/2/132

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Earl of Marr; Earl of Cassills; Earl of Leven; Earl of Annandale; Viscount Tarbat; Lord Montgomry; Lord Forbes; Lord Boyle; Lord Advocat; Lord Thesaurer Deput; Mr Fra: Montgomry; Lord Provest of Edinburgh

Att Edinburgh The Twentie Seventh of February Jaj vic years1

D1700/2/132

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Earl of Marr; Earl of Cassills; Earl of Leven; Earl of Annandale; Viscount Tarbat; Lord Montgomry; Lord Forbes; Lord Boyle; Lord Advocat; Lord Thesaurer Deput; Mr Fra: Montgomry; Lord Provest of Edinburgh

1. NRS, PC2/27, 312r.

2. NRS, PC2/27, 312r.

1. NRS, PC2/27, 312r.

2. NRS, PC2/27, 312r.

Warrant, 20 February 1700, Edinburgh

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Att Edniburgh the Twenty day of February Jaj vic years

D1700/2/121

Warrant

Warrand for a Decreet Certificatione Dunlope and Ferguslie Against Baillie Ragg and Kerr

The Lords of his Majesties privy Councill haveing by their interloquitor of the Eight of February instant in the proces persewed before them at the Instance of James Dunlope William Cochran and Serjant Cruikshanks against Severall Inhabitants of Aberdeen and the magistrats therof Granted Certification against the haill defenders Called for and not Compearing except Alexander Ragg and Alexander Pattone baillies of Aberdeen Thomas Mitchell provest Alexander Forbes and Alexander Ker Baillies of Aberdeen Compearing, allwayes inacting themselves in the books of his Majesties privy Councill for the saids Alexander Ragg and Alexander Kerr Called for and not Compearing That they shall obtemper and fullfill the Sentence of Councill to be given and pronounced against the said too Baillies not Compearing in the matter Lybelled And also excepting Walter Robertson and James Smith In Respect of their infirmity and age, And the saids Lords being this day informed that the said Thomas Mitchell provest Alexander Forbes and Alexander Pattoune two Baillies Compearing have as yet neglected to Inact themselves for the two Baillies abovenamed called for and not Compearing Therfore the saids Lords Doe hereby Grant Certificatione against the said Alexander Ragg and Alexander Kerr the two baillies and not Compearing, In Respect of their absence and not Compearance and Ordaines Letters of Denunciatione to be direct to messengers at armes Commanding them to pass to the Marcat Cross of […] and other places needfull and to duely Lawfullie and orderly Denunce the saids two baillies his majesties rebells and to ordaine all ther moveables goods and geir to be escheat and inbrought for his majesties use for their Contempt and Disobedience.

Att Edniburgh the Twenty day of February Jaj vic years

D1700/2/121

Warrant

Warrand for a Decreet Certificatione Dunlope and Ferguslie Against Baillie Ragg and Kerr

The Lords of his Majesties privy Councill haveing by their interloquitor of the Eight of February instant in the proces persewed before them at the Instance of James Dunlope William Cochran and Serjant Cruikshanks against Severall Inhabitants of Aberdeen and the magistrats therof Granted Certification against the haill defenders Called for and not Compearing except Alexander Ragg and Alexander Pattone baillies of Aberdeen Thomas Mitchell provest Alexander Forbes and Alexander Ker Baillies of Aberdeen Compearing, allwayes inacting themselves in the books of his Majesties privy Councill for the saids Alexander Ragg and Alexander Kerr Called for and not Compearing That they shall obtemper and fullfill the Sentence of Councill to be given and pronounced against the said too Baillies not Compearing in the matter Lybelled And also excepting Walter Robertson and James Smith In Respect of their infirmity and age, And the saids Lords being this day informed that the said Thomas Mitchell provest Alexander Forbes and Alexander Pattoune two Baillies Compearing have as yet neglected to Inact themselves for the two Baillies abovenamed called for and not Compearing Therfore the saids Lords Doe hereby Grant Certificatione against the said Alexander Ragg and Alexander Kerr the two baillies and not Compearing, In Respect of their absence and not Compearance and Ordaines Letters of Denunciatione to be direct to messengers at armes Commanding them to pass to the Marcat Cross of […] and other places needfull and to duely Lawfullie and orderly Denunce the saids two baillies his majesties rebells and to ordaine all ther moveables goods and geir to be escheat and inbrought for his majesties use for their Contempt and Disobedience.

1. NRS, PC2/27, 311v-312r.

1. NRS, PC2/27, 311v-312r.

Sederunt, 20 February 1700, Edinburgh

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Att Edniburgh1 the Twenty day of February Jaj vic years2

D1700/2/113

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Earl of Strathmore; Earl of Leven; Earl of Northesk; Earl of Forfar; Viscount Tarbat; Lord Montgomry; Lord Forbes; Lord Ruthven; Lord Boyle; Lord Advocat; Lord Aberurchill; Laird of Stivenson

Att Edniburgh1 the Twenty day of February Jaj vic years2

D1700/2/113

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Earl of Strathmore; Earl of Leven; Earl of Northesk; Earl of Forfar; Viscount Tarbat; Lord Montgomry; Lord Forbes; Lord Ruthven; Lord Boyle; Lord Advocat; Lord Aberurchill; Laird of Stivenson

1. Sic.

2. NRS, PC2/27, 311v.

3. NRS, PC2/27, 311v.

1. Sic.

2. NRS, PC2/27, 311v.

3. NRS, PC2/27, 311v.

Act, 15 February 1700, Edinburgh

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Edinburgh The fiftein day of February Jaj vic years

D1700/2/101

Act

Act Mr John Bell Minister for gett up his bond

Anent a Petition given in to the Lords of his Majesties privy Councill be Mr John Bell Minister of the Gospell at Smellum Shewing That Wheras the saids Lords by their act of the Fiftein of December Jaj vic nyntie one allowed James Done of Smelum patron of the said parosh to Imploy the Stipend of the kirk of Smellum Cropt Jaj vic nyntie Upon pious uses within the said paroch and nominated and appointed the petitioner to uplift upon his granting bond and finding Cautione to apply the Samen, And accordingly the petitioner haveing accordingly applyed the Same for the pious uses within the said paroch wherwith it was destitute by the saids Lords as ane Declaratione by Sir William Scot of Harden and the said James Dane of Smellume with severall Ministers appointed by the presbytrie to take in the petitioners accompts therwith produced would testifie And Therfore Craveing the saids Lords would be pleased in Consideratione of the premisses to Grant warrand to their Lordships Clerks to delyver up the said bond as the petitione bears, The Lords of his majesties privy Councill Haveing Considered the above petition given in to them be the above Mr John Bell with the declaratione Mentioned therin and produced therwith, They hereby Allow their Clerks to give up and delyver to the petitioner his bond granted be him as principall and James Dane of Smellum as Cautioner for Imploying the years Stipend Jaj vic Nyntie for the ends and uses mentioned in the bond and act of Councill therin specified Which bond is dated the fifth of January Jaj vic Nyntie two For which this shall be to them and all others concerned a sufficient warrand.

Edinburgh The fiftein day of February Jaj vic years

D1700/2/101

Act

Act Mr John Bell Minister for gett up his bond

Anent a Petition given in to the Lords of his Majesties privy Councill be Mr John Bell Minister of the Gospell at Smellum Shewing That Wheras the saids Lords by their act of the Fiftein of December Jaj vic nyntie one allowed James Done of Smelum patron of the said parosh to Imploy the Stipend of the kirk of Smellum Cropt Jaj vic nyntie Upon pious uses within the said paroch and nominated and appointed the petitioner to uplift upon his granting bond and finding Cautione to apply the Samen, And accordingly the petitioner haveing accordingly applyed the Same for the pious uses within the said paroch wherwith it was destitute by the saids Lords as ane Declaratione by Sir William Scot of Harden and the said James Dane of Smellume with severall Ministers appointed by the presbytrie to take in the petitioners accompts therwith produced would testifie And Therfore Craveing the saids Lords would be pleased in Consideratione of the premisses to Grant warrand to their Lordships Clerks to delyver up the said bond as the petitione bears, The Lords of his majesties privy Councill Haveing Considered the above petition given in to them be the above Mr John Bell with the declaratione Mentioned therin and produced therwith, They hereby Allow their Clerks to give up and delyver to the petitioner his bond granted be him as principall and James Dane of Smellum as Cautioner for Imploying the years Stipend Jaj vic Nyntie for the ends and uses mentioned in the bond and act of Councill therin specified Which bond is dated the fifth of January Jaj vic Nyntie two For which this shall be to them and all others concerned a sufficient warrand.

1. NRS, PC2/27, 311r-311v.

1. NRS, PC2/27, 311r-311v.

Warrant, 15 February 1700, Edinburgh

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Edinburgh The fiftein day of February Jaj vic years

D1700/2/91

Warrant

Warrand for Letters of2 Denunciatione Merchant against Gordon and others

Mr Robert Forbes advocat for the pursuers in the principall Lybell at the instance of Alexander Merchant Lawfull sone to Robert Merchant in Auldtoune of Auchlossen and others against George Gordon in Milne of Coull and others haveing Represented to the Lords of his Majesties privy Councill That upon the first day of February instant when the said lybell was called The said George Gordon haveing only Compeared of all the defenders and the rest of the defenders being oft times called and not Compearing, The saids Lords admitted the lybell to the pursuers probatione The said George allwayes first enacting himself in the books of privy Councill for the rest of the haill defenders called for beside himself And oblidging him that they shall fullfill the sentence Which shall be given and pronounced against them under the penalty of Fyve hundred merks Scots money by and attour performance of the premisses, And that the witnesses are all Ledd and their depositiones taken on the principall Lybell; And that the said George Gordon hes never as yet enacted himself in the termes forsaids And Therfore Craved that their Lordship would Grant Certificatione against the haill others3 defenders besides the saids George Gordon, Which being Considered be the saids Lords They hereby Grant Certificatione against the haill defenders called for and not Compearing in the said principall Lybell besides the said George Gordon In respect of their absence and not Compearance, And Ordaines Letters of denunciatione to be direct to macers or4 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 Denunce the saids absent defenders his majesties rebells and ordaine all their moveable goods and geir to be escheat and in brought to his majesties use for their Contempt and disobedience and Supperceids extracting the forsaid Certificatione for this day and the morrow and if the said George Gordon Compear and enact himself in the termes forsaids any time this day or the morrow allowes the Clerks of Councill to receive his enactment and Discharges the extracting otherwayes allowes the Certificatione to be extracted in Comon forme.

Edinburgh The fiftein day of February Jaj vic years

D1700/2/91

Warrant

Warrand for Letters of2 Denunciatione Merchant against Gordon and others

Mr Robert Forbes advocat for the pursuers in the principall Lybell at the instance of Alexander Merchant Lawfull sone to Robert Merchant in Auldtoune of Auchlossen and others against George Gordon in Milne of Coull and others haveing Represented to the Lords of his Majesties privy Councill That upon the first day of February instant when the said lybell was called The said George Gordon haveing only Compeared of all the defenders and the rest of the defenders being oft times called and not Compearing, The saids Lords admitted the lybell to the pursuers probatione The said George allwayes first enacting himself in the books of privy Councill for the rest of the haill defenders called for beside himself And oblidging him that they shall fullfill the sentence Which shall be given and pronounced against them under the penalty of Fyve hundred merks Scots money by and attour performance of the premisses, And that the witnesses are all Ledd and their depositiones taken on the principall Lybell; And that the said George Gordon hes never as yet enacted himself in the termes forsaids And Therfore Craved that their Lordship would Grant Certificatione against the haill others3 defenders besides the saids George Gordon, Which being Considered be the saids Lords They hereby Grant Certificatione against the haill defenders called for and not Compearing in the said principall Lybell besides the said George Gordon In respect of their absence and not Compearance, And Ordaines Letters of denunciatione to be direct to macers or4 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 Denunce the saids absent defenders his majesties rebells and ordaine all their moveable goods and geir to be escheat and in brought to his majesties use for their Contempt and disobedience and Supperceids extracting the forsaid Certificatione for this day and the morrow and if the said George Gordon Compear and enact himself in the termes forsaids any time this day or the morrow allowes the Clerks of Councill to receive his enactment and Discharges the extracting otherwayes allowes the Certificatione to be extracted in Comon forme.

1. NRS, PC2/27, 310r-311r.

2. The word ‘Certification’ scored out here.

3. The words ‘haill others’ are an insertion.

4. The words ‘macers or’ are an insertion.

1. NRS, PC2/27, 310r-311r.

2. The word ‘Certification’ scored out here.

3. The words ‘haill others’ are an insertion.

4. The words ‘macers or’ are an insertion.

Sederunt, 15 February 1700, Edinburgh

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Edinburgh The fiftein day of February Jaj vic years1

D1700/2/82

Sederunt

Lord Chancelor; Earl of Marr; Earl of Buchan; Earl of Lothian; Earl of Lowdon; Earl of Annandale; Lord Montgomrie; Lord Ruthven; Lord Boyle; Lord Advocat; Lord Thesaurer Deput; Lord Halcraig; Lord Rankeillor; Laird of Stivenson; Lord Provest of Edinburgh

Edinburgh The fiftein day of February Jaj vic years1

D1700/2/82

Sederunt

Lord Chancelor; Earl of Marr; Earl of Buchan; Earl of Lothian; Earl of Lowdon; Earl of Annandale; Lord Montgomrie; Lord Ruthven; Lord Boyle; Lord Advocat; Lord Thesaurer Deput; Lord Halcraig; Lord Rankeillor; Laird of Stivenson; Lord Provest of Edinburgh

1. NRS, PC2/27, 310r.

2. NRS, PC2/27, 310r.

1. NRS, PC2/27, 310r.

2. NRS, PC2/27, 310r.

Procedure: suspension, 13 February 1700, Edinburgh

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Att Edinburgh The Threttein day of February Jaj vic years

D1700/2/71

Procedure: suspension

[Suspension passed]

The Suspensione Cuming of Earnsyde Against Wyseman and Grant past in putica.

Att Edinburgh The Threttein day of February Jaj vic years

D1700/2/71

Procedure: suspension

[Suspension passed]

The Suspensione Cuming of Earnsyde Against Wyseman and Grant past in putica.

1. NRS, PC2/27, 310r.

1. NRS, PC2/27, 310r.