Tag Archives: decreta

Sederunt, 25 July 1699, Edinburgh

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Att Edinburgh the Twenty Fyfth day of July Jaj vic Nyntie Nyne1

D1699/7/82

Sederunt

Lord Chancelor; Earl of Melvill PC; Earl of Marr; Earl of Buchan; Earl of Cassills; Earl of Lauderdale; Earl of Lothian; Earl of Lowdon; Earl of Leven; Earl of Annandale; Earl of Northesk; Earl of Forfar; Earl of Kintoir; Lord Strathnaver; Lord Jedburgh; Lord Carmichell S:; Lord Forbes; Lord Ross; Lord Boyle; Lord Advocat; Lord Thesaurer Deput; Lord Aberurchill; Lord Rankillor; Mr Fr: Montgomry; Laird of Blackarony; Laird of Stevenson; Lord Provest of Edinburgh

Att Edinburgh the Twenty Fyfth day of July Jaj vic Nyntie Nyne1

D1699/7/82

Sederunt

Lord Chancelor; Earl of Melvill PC; Earl of Marr; Earl of Buchan; Earl of Cassills; Earl of Lauderdale; Earl of Lothian; Earl of Lowdon; Earl of Leven; Earl of Annandale; Earl of Northesk; Earl of Forfar; Earl of Kintoir; Lord Strathnaver; Lord Jedburgh; Lord Carmichell S:; Lord Forbes; Lord Ross; Lord Boyle; Lord Advocat; Lord Thesaurer Deput; Lord Aberurchill; Lord Rankillor; Mr Fr: Montgomry; Laird of Blackarony; Laird of Stevenson; Lord Provest of Edinburgh

1. NRS, PC2/27, 216v.

2. NRS, PC2/27, 216v.

1. NRS, PC2/27, 216v.

2. NRS, PC2/27, 216v.

Act, 20 July 1699, Edinburgh

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Att Edinburgh the Twenty day of July Jaj vic Nyntie Nyne years

D1699/7/71

Act

Act The Marquess of Douglas anent William Simpson

Anent the petition given in to the Lords of his Majesties privy Councill be James Marques of Douglas Shewing That on William Simpson his Servant being Summarly apprehended and is now incarcerat in the Tolbooth of Edinburgh on pretence of severall Crymes, Ther was reasone to presume his Innocencie Since ther has been no prooff as yet produced against him notwithstanding wherof he Ought to Stand to his tryall where legally called before a Competent Judge, This Occasiones the petitioners application to the Saids Lords that in the mean time he may be Sett at Libertie upon baill, (He being a domestick to one of the saids Lords their oun number) by the petitioners being bound to present him And Therfore Humbly Craveing the Saids Lords to ordaine the said William Simpsone to be presently Sett at Liberty and the petitioner Shall present him when legally called to that effect As the petitione bears The Lords of his Majesties privy Councill, Haveing Considered this petition given in to them be James Marques of Douglas for William Simpson his Servant They hereby approve of the Lord Advocat his giveing order for Committing the said William prisoner, And Ordaines the said William to continue prisoner till farder order, And Recommends to the said Lord Advocat to make farder inquyry anent what Crymes the said William Stands guilty of, and to present him for the same before the Lords Commissioners of his Majesties Justiciary as he shall be furnished with probation and that with the said Lord advocats conveniency.

Att Edinburgh the Twenty day of July Jaj vic Nyntie Nyne years

D1699/7/71

Act

Act The Marquess of Douglas anent William Simpson

Anent the petition given in to the Lords of his Majesties privy Councill be James Marques of Douglas Shewing That on William Simpson his Servant being Summarly apprehended and is now incarcerat in the Tolbooth of Edinburgh on pretence of severall Crymes, Ther was reasone to presume his Innocencie Since ther has been no prooff as yet produced against him notwithstanding wherof he Ought to Stand to his tryall where legally called before a Competent Judge, This Occasiones the petitioners application to the Saids Lords that in the mean time he may be Sett at Libertie upon baill, (He being a domestick to one of the saids Lords their oun number) by the petitioners being bound to present him And Therfore Humbly Craveing the Saids Lords to ordaine the said William Simpsone to be presently Sett at Liberty and the petitioner Shall present him when legally called to that effect As the petitione bears The Lords of his Majesties privy Councill, Haveing Considered this petition given in to them be James Marques of Douglas for William Simpson his Servant They hereby approve of the Lord Advocat his giveing order for Committing the said William prisoner, And Ordaines the said William to continue prisoner till farder order, And Recommends to the said Lord Advocat to make farder inquyry anent what Crymes the said William Stands guilty of, and to present him for the same before the Lords Commissioners of his Majesties Justiciary as he shall be furnished with probation and that with the said Lord advocats conveniency.

1. NRS, PC2/27, 216r-216v.

1. NRS, PC2/27, 216r-216v.

Sederunt, 20 July 1699, Edinburgh

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Att Edinburgh the Twenty day of July Jaj vic Nyntie Nyne years1

D1699/7/62

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Mortune; Earl of Cassills; Earl of Lauderdale; Earl of Lothian; Earl of Lowdon; Earl of Leven; Earl of Annandale; Earl of Northesk; Earl of Forfar; Viscount Seafeild S:; Lord Strathnaver; Lord Jedburgh; Lord Carmicheall S:; Lord Forbes; Lord Ross; Lord Boyle; Lord Advocat; Lord Thesaurer Deput; Lord Aberurchill; Lord Halcraig; Lord Rankillor; Lord Crossrig; Lord Phesdoe; Mr Fra: Montgomry; Lord Provest of Edinburgh

Att Edinburgh the Twenty day of July Jaj vic Nyntie Nyne years1

D1699/7/62

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Mortune; Earl of Cassills; Earl of Lauderdale; Earl of Lothian; Earl of Lowdon; Earl of Leven; Earl of Annandale; Earl of Northesk; Earl of Forfar; Viscount Seafeild S:; Lord Strathnaver; Lord Jedburgh; Lord Carmicheall S:; Lord Forbes; Lord Ross; Lord Boyle; Lord Advocat; Lord Thesaurer Deput; Lord Aberurchill; Lord Halcraig; Lord Rankillor; Lord Crossrig; Lord Phesdoe; Mr Fra: Montgomry; Lord Provest of Edinburgh

1. NRS, PC2/27, 216r.

2. NRS, PC2/27, 214r-216r.

1. NRS, PC2/27, 216r.

2. NRS, PC2/27, 214r-216r.

Act, 18 July 1699, Edinburgh

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Edinburgh the Eightein day of July Jaj vic Nyntie Nyne years

D1699/7/51

Act

Act Lord James Le Blanc

Anent a petition given in to the Lords of his Majesties privy Councill be Livetenent James Le Blanc lately in the Earle of Tillibardins regiment and now Merchant burges of Edinburgh Shewing That wher upon account of the petitioners religion being oblidged to Leave the petitioners native Country the petitioner did very Early and in the petitioners tender years ingadge in his Majesties Service, And Continued therin untill the regiment wherin the petitioner served upon the conclusion of the late happy peace was reduced and brock and haveing a Litle before that time maried a gentlewoman of this countrey, and so comeing to have a family whill in the meantime the petitioner was Laid aside in his imployment By which the petitioner therupon thought upon another way of Living, and endeavored to Choise one which might be most advantadgeous for this kingdome, and wherin the petitioner might be the least enveyed being followed by non others; And for that end haveing some knowledge of Manufactoring glass the petitioner Concurred with Prestongrange in errecting his Glass work now a Manufactory, And after great Charge and trouble the petitioner have gott Foraigners brought hither who are expert in pollishing therof and prepairing it for use, and entered into a Contract with Prestongrange for receiveing from him the Glass made in the said manufactory, Wheras in all time bygone, tho indeed some have pollished Glasses in this kingdome, yet they had allwayes the Glass it self from abroad so that the petitioner was the first that made it intirely native, Wherby ther are and will be Considerable Soumes keept within the kingdom which was formerly exported for Mirors Seeing ther are non better prepaired in our Nighbouring Kingdomes, Nor at so easie rates by very farr And Since the petitioners errecting therof the petitioner hath had very considerable offers made to disingadg the petitioner from the kingdome, and to engadge the petitioner to setle in another, yet being maried to a Gentlwoman of godo relations, and haveing by some Litle intrest in the kingdome, And being now Naturalized haveing obtained himself made burges and Guild-brother in Edinburgh for the better enableing the petitioner to follow his trade upon these reasons, and from the duty the petitioners owes to this kingdome in whose service the petitioner formerly, was, The petitioner is resolved to Live and dye in it, If so the petitioner can follow his Imployment in peace and queit which the petitioner understands is practised by non others to that advantadge of the kingdome that the petitioner does, Notwithstanding wherof and of the great charges and expence that the petitioner have and is dayly expending upon the said Manufactorie Because the Glasses must have Mullers and head peices of timber, And Because Some time persones of honor and quality, desire also rables, drawers and stands agreeable to the Glass for makeing up a Sute, and wherin the petitioner cannot be furnished by the Wrights of the Cannogate wher the petitioner had Sett up his Manufactory for the better conveniency, Albeit the petitioner have offered to the Deacon2 and Wrights of the Cannogate the said Imployment, which they acknowledged they Cannot, and so am necessitat to Imploy wrights of Edinburgh for makeing and furnishing the petitioner therwith For that reasone the saids wrights of the Cannogate Not only Stopt the petitioners selling of Tables, Drawers and Stands tho themselves prepair non such, Bot also they seaze upon and Stopt the petitioners Glasses And therby threaten the ruine of the petitioner and Manufacture And Seing the petitioners trade is what they doe not at all practise, and wherin the petitioner was weell satisfied As to the wrights part therof to be Served by them if they were able, and that their Stoping the petitioners Manufactorie, was not only prejudiciall to the petitioner, bot highly prejudiciall to the kingdome; in Generall; Seing these things which the petitioner prepare and make were allwayes before furnished from abroad, and will so still if the petitioner be Stops, And also Seing that if the petitioner bring them from abroad as a merchant they cannot hinder the3 petitioner to sell them, So that it Seems unreasonable to hinder the petitioner when he was furnished therwith by the wrights of Edinburgh and therby keep the money within the kingdome Beside that in the termes of Prestongrange and Sir William Binnings oblidgments and errectione of the said Manufactory are oblidged to furnish Glasses alse good and alse easie as they can be hade from abroad, which requyres necessarly they be allowed to sell them in frames and Mullers, And the Suiting of the Saids Glasses with table drawers and Stands being also Necessary to the designe of keeping money within the kingdome and which nowayes prejudges the wrights of the Cannogate; And Therfore Humbly Craveing the saids Lords would be pleased To Declare it to be their priviledge to fitt and set the Glass Manufactured by them in frames and Mullers, and that it Shall be Leisome to them to Suit the same with tables Drawes and Stands, They being most willing to give the wrights of the Cannogate the first offer of furnishing the same, and working to them in so farr as they are Capable, and to prohibit and discharge all persones whatsomever to stop trouble or Imped them in the Sale and disposall of the product of their said Manufactory, Which prejudges no persone whatsomever, and Saves the exporting of Considerable Soumes of money yearly as the said petition bears. The Lords of his Majesties privy Councill haveing Considered the above petition given in to them be Livetenant James Le Blanc Lately in the Earle of Tullibardins regiment and now Merchant burges of Edinburgh They Doe hereby Declare That it is the petitioners priviledge to fitt and sett the Glass Manufactured by him and the rest of the above Manufactorie in frames and Mullers, and that it shall be Lesome to the petitioner to sute the Same with tables Drawers and Stands by the wrights and Joyners of Edinburgh The petitioner giveing the wrights of the Cannogate the first offer of furnishing the Same and working to him in so farr as they are capable and takeing instruments upon their refusall, And the saids Lords Doe hereby prohibit and discharge all persones whatsomever to stop trouble or Imped the petitioner in the Sale and disposall of the product of the said Manufactory and provyding and selling the particulars above mentioned in maner above exprest.

Edinburgh the Eightein day of July Jaj vic Nyntie Nyne years

D1699/7/51

Act

Act Lord James Le Blanc

Anent a petition given in to the Lords of his Majesties privy Councill be Livetenent James Le Blanc lately in the Earle of Tillibardins regiment and now Merchant burges of Edinburgh Shewing That wher upon account of the petitioners religion being oblidged to Leave the petitioners native Country the petitioner did very Early and in the petitioners tender years ingadge in his Majesties Service, And Continued therin untill the regiment wherin the petitioner served upon the conclusion of the late happy peace was reduced and brock and haveing a Litle before that time maried a gentlewoman of this countrey, and so comeing to have a family whill in the meantime the petitioner was Laid aside in his imployment By which the petitioner therupon thought upon another way of Living, and endeavored to Choise one which might be most advantadgeous for this kingdome, and wherin the petitioner might be the least enveyed being followed by non others; And for that end haveing some knowledge of Manufactoring glass the petitioner Concurred with Prestongrange in errecting his Glass work now a Manufactory, And after great Charge and trouble the petitioner have gott Foraigners brought hither who are expert in pollishing therof and prepairing it for use, and entered into a Contract with Prestongrange for receiveing from him the Glass made in the said manufactory, Wheras in all time bygone, tho indeed some have pollished Glasses in this kingdome, yet they had allwayes the Glass it self from abroad so that the petitioner was the first that made it intirely native, Wherby ther are and will be Considerable Soumes keept within the kingdom which was formerly exported for Mirors Seeing ther are non better prepaired in our Nighbouring Kingdomes, Nor at so easie rates by very farr And Since the petitioners errecting therof the petitioner hath had very considerable offers made to disingadg the petitioner from the kingdome, and to engadge the petitioner to setle in another, yet being maried to a Gentlwoman of godo relations, and haveing by some Litle intrest in the kingdome, And being now Naturalized haveing obtained himself made burges and Guild-brother in Edinburgh for the better enableing the petitioner to follow his trade upon these reasons, and from the duty the petitioners owes to this kingdome in whose service the petitioner formerly, was, The petitioner is resolved to Live and dye in it, If so the petitioner can follow his Imployment in peace and queit which the petitioner understands is practised by non others to that advantadge of the kingdome that the petitioner does, Notwithstanding wherof and of the great charges and expence that the petitioner have and is dayly expending upon the said Manufactorie Because the Glasses must have Mullers and head peices of timber, And Because Some time persones of honor and quality, desire also rables, drawers and stands agreeable to the Glass for makeing up a Sute, and wherin the petitioner cannot be furnished by the Wrights of the Cannogate wher the petitioner had Sett up his Manufactory for the better conveniency, Albeit the petitioner have offered to the Deacon2 and Wrights of the Cannogate the said Imployment, which they acknowledged they Cannot, and so am necessitat to Imploy wrights of Edinburgh for makeing and furnishing the petitioner therwith For that reasone the saids wrights of the Cannogate Not only Stopt the petitioners selling of Tables, Drawers and Stands tho themselves prepair non such, Bot also they seaze upon and Stopt the petitioners Glasses And therby threaten the ruine of the petitioner and Manufacture And Seing the petitioners trade is what they doe not at all practise, and wherin the petitioner was weell satisfied As to the wrights part therof to be Served by them if they were able, and that their Stoping the petitioners Manufactorie, was not only prejudiciall to the petitioner, bot highly prejudiciall to the kingdome; in Generall; Seing these things which the petitioner prepare and make were allwayes before furnished from abroad, and will so still if the petitioner be Stops, And also Seing that if the petitioner bring them from abroad as a merchant they cannot hinder the3 petitioner to sell them, So that it Seems unreasonable to hinder the petitioner when he was furnished therwith by the wrights of Edinburgh and therby keep the money within the kingdome Beside that in the termes of Prestongrange and Sir William Binnings oblidgments and errectione of the said Manufactory are oblidged to furnish Glasses alse good and alse easie as they can be hade from abroad, which requyres necessarly they be allowed to sell them in frames and Mullers, And the Suiting of the Saids Glasses with table drawers and Stands being also Necessary to the designe of keeping money within the kingdome and which nowayes prejudges the wrights of the Cannogate; And Therfore Humbly Craveing the saids Lords would be pleased To Declare it to be their priviledge to fitt and set the Glass Manufactured by them in frames and Mullers, and that it Shall be Leisome to them to Suit the same with tables Drawes and Stands, They being most willing to give the wrights of the Cannogate the first offer of furnishing the same, and working to them in so farr as they are Capable, and to prohibit and discharge all persones whatsomever to stop trouble or Imped them in the Sale and disposall of the product of their said Manufactory, Which prejudges no persone whatsomever, and Saves the exporting of Considerable Soumes of money yearly as the said petition bears. The Lords of his Majesties privy Councill haveing Considered the above petition given in to them be Livetenant James Le Blanc Lately in the Earle of Tullibardins regiment and now Merchant burges of Edinburgh They Doe hereby Declare That it is the petitioners priviledge to fitt and sett the Glass Manufactured by him and the rest of the above Manufactorie in frames and Mullers, and that it shall be Lesome to the petitioner to sute the Same with tables Drawers and Stands by the wrights and Joyners of Edinburgh The petitioner giveing the wrights of the Cannogate the first offer of furnishing the Same and working to him in so farr as they are capable and takeing instruments upon their refusall, And the saids Lords Doe hereby prohibit and discharge all persones whatsomever to stop trouble or Imped the petitioner in the Sale and disposall of the product of the said Manufactory and provyding and selling the particulars above mentioned in maner above exprest.

1. NRS, PC2/27, 214r-216r.

2. The words ‘of the’ scored out here.

3. The letter ‘m’ scored out at the end of this word.

1. NRS, PC2/27, 214r-216r.

2. The words ‘of the’ scored out here.

3. The letter ‘m’ scored out at the end of this word.

Sederunt, 18 July 1699, Edinburgh

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Edinburgh the Eightein day of July Jaj vic Nyntie Nyne years1

D1699/7/42

Sederunt

Lord Chancelor; Earl of Melvill PC; Earl of Cassills; Earl of Lauderdale; Earl of Lothian; Earl of Lowdon; Earl of Leven; Earl of Annandale; Earl of Forfar; Viscount Seafeild S:; Lord Jedburgh; Lord Forbes; Lord Boyle; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Halcraig; Mr Francis Montgomry; Lord Provost of Edinburgh

Edinburgh the Eightein day of July Jaj vic Nyntie Nyne years1

D1699/7/42

Sederunt

Lord Chancelor; Earl of Melvill PC; Earl of Cassills; Earl of Lauderdale; Earl of Lothian; Earl of Lowdon; Earl of Leven; Earl of Annandale; Earl of Forfar; Viscount Seafeild S:; Lord Jedburgh; Lord Forbes; Lord Boyle; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Halcraig; Mr Francis Montgomry; Lord Provost of Edinburgh

1. NRS, PC2/27, 214r.

2. NRS, PC2/27, 214r.

1. NRS, PC2/27, 214r.

2. NRS, PC2/27, 214r.

Act, 6 July 1699, Edinburgh

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Att Edinburgh The sixth day of July One thousand six hundred Nyntie Nyne years

D1699/7/31

Act

Act Dame Lillias Seatton

Anent the petition given in to the Lords of his Majesties privy Councill be Dame Lillias Setton relict of Sir James Ramsay of Logie Shewing That wher in Anno Jaj vic nynty five ther was ane act of parliament made in favors of the petitioners said deceast husband and the petitioner appointing the Earle of Seaforth and his mother To make payment to the petitioner said husband and her, and the Longest Liver of them two all the days of their Lifetime The soume of ane Thousand pounds Scots yearly and that for reasons mentioned in the said act, And accordingly the petitioner haveing gott payment of the said annuity till within these thrie years bygone That the saids Lords were pleased to refuse the petitioners payment any Longer Bot ordained the petitioner to seek it off My Lord Seaforth which accordingly the petitioner did by using all maner of Dilligence against him for payment therof Bot could not effectuat the Samen Therfore in such ane extraordinar case, His Majesties privy Councill was allwayes in use to provid a remeedy rather to Suffer the life of the poor Subject to be taken away by a Strong and violenting hand that was against it, Wherupon haveing addressed the saids Lords again The Saids Lords were graciously pleased to Commiserat the petitioners deploreable Condition, and to recommend the petitioner by their act given the petitioner on March threty day Last by past to the Thesaury for releiff therof, and haveing used all maner of Supplication with their Lordships yet ther was no releiff for the Crying Necessity of the petitioner, And Therfore humbly Craveing the saids Lords would be pleased to call for their Lordships last act therwith given in to their Clerk, and be pleased to reexamine particularly the heads their Lordships act was grounded upon and grant warrand to areist the Earles person in the Castle of Edinburgh wher he was for the present as the saids Lords did to Sir John Dempster of Pitliver in the Like case as the petition bears The Lords of his Majesties privy Councill having Considered this petition given in to them be the above Dame Lillias Setton, They hereby Recommend to the Lords Commissioners of his Majesties Thesaury to cause make payment to the petitioner of the Soume of ane Thousand pounds Scots as ane years above aliement or aboverent The petitioner all wayes first assigning to the saids Lords Commissioners of his Majesties thesaury the forsaid years aliement or aboverent, And Recommends to the saids Lords Commissioners to cause doe the same dilligence for re Imburseing themselves as shall be done for his Majesties revenue due by the Earle of Seaforth.
Edinburgh the Eightein day of July Jaj vic Nyntie Nyne years2

Att Edinburgh The sixth day of July One thousand six hundred Nyntie Nyne years

D1699/7/31

Act

Act Dame Lillias Seatton

Anent the petition given in to the Lords of his Majesties privy Councill be Dame Lillias Setton relict of Sir James Ramsay of Logie Shewing That wher in Anno Jaj vic nynty five ther was ane act of parliament made in favors of the petitioners said deceast husband and the petitioner appointing the Earle of Seaforth and his mother To make payment to the petitioner said husband and her, and the Longest Liver of them two all the days of their Lifetime The soume of ane Thousand pounds Scots yearly and that for reasons mentioned in the said act, And accordingly the petitioner haveing gott payment of the said annuity till within these thrie years bygone That the saids Lords were pleased to refuse the petitioners payment any Longer Bot ordained the petitioner to seek it off My Lord Seaforth which accordingly the petitioner did by using all maner of Dilligence against him for payment therof Bot could not effectuat the Samen Therfore in such ane extraordinar case, His Majesties privy Councill was allwayes in use to provid a remeedy rather to Suffer the life of the poor Subject to be taken away by a Strong and violenting hand that was against it, Wherupon haveing addressed the saids Lords again The Saids Lords were graciously pleased to Commiserat the petitioners deploreable Condition, and to recommend the petitioner by their act given the petitioner on March threty day Last by past to the Thesaury for releiff therof, and haveing used all maner of Supplication with their Lordships yet ther was no releiff for the Crying Necessity of the petitioner, And Therfore humbly Craveing the saids Lords would be pleased to call for their Lordships last act therwith given in to their Clerk, and be pleased to reexamine particularly the heads their Lordships act was grounded upon and grant warrand to areist the Earles person in the Castle of Edinburgh wher he was for the present as the saids Lords did to Sir John Dempster of Pitliver in the Like case as the petition bears The Lords of his Majesties privy Councill having Considered this petition given in to them be the above Dame Lillias Setton, They hereby Recommend to the Lords Commissioners of his Majesties Thesaury to cause make payment to the petitioner of the Soume of ane Thousand pounds Scots as ane years above aliement or aboverent The petitioner all wayes first assigning to the saids Lords Commissioners of his Majesties thesaury the forsaid years aliement or aboverent, And Recommends to the saids Lords Commissioners to cause doe the same dilligence for re Imburseing themselves as shall be done for his Majesties revenue due by the Earle of Seaforth.
Edinburgh the Eightein day of July Jaj vic Nyntie Nyne years2

1. NRS, PC2/27, 213v-214r.

2. NRS, PC2/27, 214r.

1. NRS, PC2/27, 213v-214r.

2. NRS, PC2/27, 214r.

Decreet, 6 July 1699, Edinburgh

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Att Edinburgh The sixth day of July One thousand six hundred Nyntie Nyne years

D1699/7/21

Decreet

Decreit Certification Brand against Fea of Whythall and others

Anent the lybell or Letters of Complaint raised before the Lords of his Majesties privy Councill be Alexander Brand late Stewart and Tacksman of Orkney and Zetland, With Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwrittin That wher by the Lawes of this and all other weell governed realmes the waylaying of parties Imployers and deforceing of messengers in the execution of Captions or any other legall dilligences or the hindering affronting Beatting blooding threatneing to bill or doe Mischeiff to his majesties free leidges are Crymes of ane high nature and deserve to be severly punished, and as the greatest agravatione therof the useing of their acts of violence against his Majesties Stewart and tacksmen and other officers and servants Whither messengers or others are most attrocious and the soveraigne power is therby dispised, And thefore Such deeds are Severly punished and particularly By the Eightie fourth act2 Eleventh parliament King James the Sixt It is expressly Statute That the deforcers of messengers in the exercise of their office may be pursued either Civilly or Criminally And their Lives and goods are in the kings will and by the one hundreth and fiftie act parliament twelth King James Sixt It is declared that ane messenger or officer being deforced molested invaded or pursued to the effusion of blood in the execution of their offices by the persons to be apprehended and cited or by any others of their Causeing Sending hounding out, The deforcer or invader times all his moveabls the one half to his majestie and the other half to the partie Imployer Yet Notwithstanding wherof Patrick Phea of Whithall Barbara Traill his Spouse and James Petter and Charles Faes their Sones with others their Accomplices are guilty of Airt and part of the forsaid Crymes In so farr as the said Alexander Brand pursuer haveing come within Musket shott of Whithalls house accompanied with John Traill of Ailness baillie of the Issland of Stronsie and John Gibson of Biquye To see a Caption Legally execute, The said Alexander Brand and the two fornamed persones were all violently Stoped from goeing foreward by the saids James Peetter and Charles Feas who were Lurking behind a dyke with fire armes and threatned to fire at the said pursuer and other two persones if he or they should offer to goe on foott forward, The said Alexander Brand pursuer haveing Imployed Thomas Emerson messenger at armes to execute the said Caption at the pursuers instance against the said Patrick Fea for a debt owing by him to the said Baillie Brand And being late Stewart and tacksman of Orkney and Zetland for ingathering of his majesties Crown rents ther, And accordingly the said Thomas Emersone and his assistance haveing come to the said Island of Stronsie upon the Seventeinth day of August Last or on ane or other of the dayes of the said Moneth endeavoring Legally to enter Whithalls house, The said Barbara Traill accompanied or on the head of a number of women with Cudgells and Staffs and many men armed with guns muskets pistolls swords Durks and other invasive weapons violently fell upon, and by force opposed the said messengers at his assistants by offering to fire at the said messenger and his partie and solemnly woved and swore that if any of them entered the house, That either they or the said messenger and his assistants should dye for it and particularly Whithall himself Looked out at a Window, and said to the men that hade the Guns and pistolls (there is some Mischeiff Designed) Eitheir Scourr off these persones (pointing to the said Messenger and his assistants) Or else never Look me in the face againe Wherupon the saids women fell upon Joseph Jack one of the messengers assistants being hounded out by the said Whithalls sones who was put with them, and did strick beatt and bruise him with great Cudgells upon the head and armes so that ther by the said messenger and his assistants were violently deforced and Compelled to retire and make the best of their way for fear of greater mischeiff or murder as ane declaration signed by the said messenger and diverse famous witnesses there with produced would testifie And albeit the said messengers and his assistants Did many times begg mercie and peace with dreadfull Cryes yet the said Patrick Fea of Whythall would not restrain his wife, Sones woomen and others ther accomplices from Comitting the saids violences and oppressiones which he might have done being within the house all the time therof knowing and haveing seen the samen, By which acts of violences and oppressions Bangstry and other attrocious Crymes His majesties authoritie and government was not only Slighted and abused bot Likwayes all his majesties Tacksmen are wronged and affronted For they will not gett any messengers to execute their Letters in time comeing in Orkney and Zetland unless these defenders be brought to Condigne punishment And therfore the saids Patrick Fea of Whythall Barbara Traill his Spouse and James Peetter and Charles Fea’s, their Sones as airt and pairt by sending hounding out and not restraining and keeping in the saids armed men and woman after knowledge of the saids acts of violence and oppression above represented They ought to be Severly punished in their persones and goods in the termes of the forsaids acts of parliament and other acts made theranent To the terror and example of any others to doe the Like in time comeing: And Anent the charge given to the saids defenders To have Compeared before the saids Lords personally To have answered to the grounds of the above Complaint at ane Certaine day by gone To have heard and Seen Such order and Course taken theranent as the Saids Lords Should think fitt As the said lybell or Letters of Complaint and executiones thereof more fully bears Which Lybell or Letters being this day called in presence of the saids Lords of his majesties privy Councill, And the said pursuer Compearing personally, And the defenders being all Lawfully cited oft times Called and not Compearing The saids Lords of his majesties privy Councill Doe hereby Grant Certification against the haill defenders In Respect of their absence and not Compearance, And Ordaines Letters of Denunciation to be direct to macers or messengers at armes Commanding them to pass to the marcat cross of Edinburgh and other places needfull and their in his majesties name and authoritie duely Lawfullie and orderly denunce the saids defenders his Majesties rebells Escheat and inbring all their moveable goods and geir for their Contempt and disobedience.

Att Edinburgh The sixth day of July One thousand six hundred Nyntie Nyne years

D1699/7/21

Decreet

Decreit Certification Brand against Fea of Whythall and others

Anent the lybell or Letters of Complaint raised before the Lords of his Majesties privy Councill be Alexander Brand late Stewart and Tacksman of Orkney and Zetland, With Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwrittin That wher by the Lawes of this and all other weell governed realmes the waylaying of parties Imployers and deforceing of messengers in the execution of Captions or any other legall dilligences or the hindering affronting Beatting blooding threatneing to bill or doe Mischeiff to his majesties free leidges are Crymes of ane high nature and deserve to be severly punished, and as the greatest agravatione therof the useing of their acts of violence against his Majesties Stewart and tacksmen and other officers and servants Whither messengers or others are most attrocious and the soveraigne power is therby dispised, And thefore Such deeds are Severly punished and particularly By the Eightie fourth act2 Eleventh parliament King James the Sixt It is expressly Statute That the deforcers of messengers in the exercise of their office may be pursued either Civilly or Criminally And their Lives and goods are in the kings will and by the one hundreth and fiftie act parliament twelth King James Sixt It is declared that ane messenger or officer being deforced molested invaded or pursued to the effusion of blood in the execution of their offices by the persons to be apprehended and cited or by any others of their Causeing Sending hounding out, The deforcer or invader times all his moveabls the one half to his majestie and the other half to the partie Imployer Yet Notwithstanding wherof Patrick Phea of Whithall Barbara Traill his Spouse and James Petter and Charles Faes their Sones with others their Accomplices are guilty of Airt and part of the forsaid Crymes In so farr as the said Alexander Brand pursuer haveing come within Musket shott of Whithalls house accompanied with John Traill of Ailness baillie of the Issland of Stronsie and John Gibson of Biquye To see a Caption Legally execute, The said Alexander Brand and the two fornamed persones were all violently Stoped from goeing foreward by the saids James Peetter and Charles Feas who were Lurking behind a dyke with fire armes and threatned to fire at the said pursuer and other two persones if he or they should offer to goe on foott forward, The said Alexander Brand pursuer haveing Imployed Thomas Emerson messenger at armes to execute the said Caption at the pursuers instance against the said Patrick Fea for a debt owing by him to the said Baillie Brand And being late Stewart and tacksman of Orkney and Zetland for ingathering of his majesties Crown rents ther, And accordingly the said Thomas Emersone and his assistance haveing come to the said Island of Stronsie upon the Seventeinth day of August Last or on ane or other of the dayes of the said Moneth endeavoring Legally to enter Whithalls house, The said Barbara Traill accompanied or on the head of a number of women with Cudgells and Staffs and many men armed with guns muskets pistolls swords Durks and other invasive weapons violently fell upon, and by force opposed the said messengers at his assistants by offering to fire at the said messenger and his partie and solemnly woved and swore that if any of them entered the house, That either they or the said messenger and his assistants should dye for it and particularly Whithall himself Looked out at a Window, and said to the men that hade the Guns and pistolls (there is some Mischeiff Designed) Eitheir Scourr off these persones (pointing to the said Messenger and his assistants) Or else never Look me in the face againe Wherupon the saids women fell upon Joseph Jack one of the messengers assistants being hounded out by the said Whithalls sones who was put with them, and did strick beatt and bruise him with great Cudgells upon the head and armes so that ther by the said messenger and his assistants were violently deforced and Compelled to retire and make the best of their way for fear of greater mischeiff or murder as ane declaration signed by the said messenger and diverse famous witnesses there with produced would testifie And albeit the said messengers and his assistants Did many times begg mercie and peace with dreadfull Cryes yet the said Patrick Fea of Whythall would not restrain his wife, Sones woomen and others ther accomplices from Comitting the saids violences and oppressiones which he might have done being within the house all the time therof knowing and haveing seen the samen, By which acts of violences and oppressions Bangstry and other attrocious Crymes His majesties authoritie and government was not only Slighted and abused bot Likwayes all his majesties Tacksmen are wronged and affronted For they will not gett any messengers to execute their Letters in time comeing in Orkney and Zetland unless these defenders be brought to Condigne punishment And therfore the saids Patrick Fea of Whythall Barbara Traill his Spouse and James Peetter and Charles Fea’s, their Sones as airt and pairt by sending hounding out and not restraining and keeping in the saids armed men and woman after knowledge of the saids acts of violence and oppression above represented They ought to be Severly punished in their persones and goods in the termes of the forsaids acts of parliament and other acts made theranent To the terror and example of any others to doe the Like in time comeing: And Anent the charge given to the saids defenders To have Compeared before the saids Lords personally To have answered to the grounds of the above Complaint at ane Certaine day by gone To have heard and Seen Such order and Course taken theranent as the Saids Lords Should think fitt As the said lybell or Letters of Complaint and executiones thereof more fully bears Which Lybell or Letters being this day called in presence of the saids Lords of his majesties privy Councill, And the said pursuer Compearing personally, And the defenders being all Lawfully cited oft times Called and not Compearing The saids Lords of his majesties privy Councill Doe hereby Grant Certification against the haill defenders In Respect of their absence and not Compearance, And Ordaines Letters of Denunciation to be direct to macers or messengers at armes Commanding them to pass to the marcat cross of Edinburgh and other places needfull and their in his majesties name and authoritie duely Lawfullie and orderly denunce the saids defenders his Majesties rebells Escheat and inbring all their moveable goods and geir for their Contempt and disobedience.

1. NRS, PC2/27, 211v-213r.

2. The word ‘Nynt’ scored out here.

1. NRS, PC2/27, 211v-213r.

2. The word ‘Nynt’ scored out here.

Sederunt, 6 July 1699, Edinburgh

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Att Edinburgh The sixth day of July One thousand six hundred Nyntie Nyne years1

D1699/7/12

Sederunt

Lord Chancelor; Duke of Queensberry P:S:; Earl of Argyle; Earl of Crafurd; Earl of Mar; Earl of Mortoune; Earl of Buchan; Earl of Galloway; Earl of Lowdon; Earl of Anandale; Earl of Northesk; Earl of Forfar; Lord Strathnaver; Lord Forbes; Lord Ruthven; Lord Advocat; Lord Aberurchill; Lord Halcraig; Lord Phesdoe; Mr Fra: Montgomry; Lord Provest of Edinburgh

Att Edinburgh The sixth day of July One thousand six hundred Nyntie Nyne years1

D1699/7/12

Sederunt

Lord Chancelor; Duke of Queensberry P:S:; Earl of Argyle; Earl of Crafurd; Earl of Mar; Earl of Mortoune; Earl of Buchan; Earl of Galloway; Earl of Lowdon; Earl of Anandale; Earl of Northesk; Earl of Forfar; Lord Strathnaver; Lord Forbes; Lord Ruthven; Lord Advocat; Lord Aberurchill; Lord Halcraig; Lord Phesdoe; Mr Fra: Montgomry; Lord Provest of Edinburgh

1. NRS, PC2/27, 211r.

2. NRS, PC2/27, 211r.

1. NRS, PC2/27, 211r.

2. NRS, PC2/27, 211r.

Act, 29 June 1699, Edinburgh

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Att Edinburgh the Twenty Nynth day of June Jaj vic nyntie nyne years

D1699/6/81

Act

Act The Magistrats of Aberdeen Against Jean Skeen

Anent the petition given in to the Lords of his majesties privy Councill be the Magistrats of the toune of Aberdein, Shewing That wher the petitioners applyed to the saids Lords the other day Representing how wrongeously the petitioners were Molested by one Jean Skeen who without any Cause Sumoned the petitioners to appear before the saids Lords as if guilty of deeds of oppression against her, Wheras in the exercise of their Jurisdiction, did really treat her with much more moderation then the case deserved, And Therfore Craved that the petitioner might be Liberat from Such a Calumnious and injurious persuit, The saids Lords were indeed pleased upon production of the Copies that the petitioner had gott to admitt protestatione for not insisting, Which is ordinary in such cases Bot Seing the authority of their Magistracy in the place doeth necessarly requyre requyre2 That Such Caluminous and Malicious persuits Should be farder Noticed, and that the raisers therof, and not insisters therin as it is Certaine this Jean Skeen would never have insisted at least be Sentanced in Large expences to the example and terror of others specially when need bees the petitioners can prove that She never intended more by the Citatione Bot to Conques and gett a Litle money from Such as She thought would redeem themselfe from the trouble And Therfore Humbly Craveing the saids Lords for the honor and authority of the magistracy and for repressing such pernicious examples and keeping good order in the petitioners burgh to Decerne the said Jean Skeen in Large expensses Since the petitioners could truely affirme to the saids Lords that she hath put their burgh and the persones cited to more then threttie pound Sterling of expence, as the petitione bears The Lords of his Majesties privy Councill haveing Considered this petition given in to them be the Magistrats of Aberdeen They Doe hereby Decerne and Ordaine the above Jean Skeen to make payment and Satisfactione to the saids Magistrats of the toune of Aberdeen of the Soume of ane hundred pounds Scots as expences presently modified by their Lordships for the unnecessary trouble given to them, and for their attendance in obtaineing the protestatione for not insisting at the tounes instance against her, Which is dated the twenty Seventh of June instant, And that attour the usuall protestatione money, And Ordaines Letters of horning on fiftein dayes under the Signet of Councill and others Needfull to be direct hereon in forme as effeirs.

Att Edinburgh the Twenty Nynth day of June Jaj vic nyntie nyne years

D1699/6/81

Act

Act The Magistrats of Aberdeen Against Jean Skeen

Anent the petition given in to the Lords of his majesties privy Councill be the Magistrats of the toune of Aberdein, Shewing That wher the petitioners applyed to the saids Lords the other day Representing how wrongeously the petitioners were Molested by one Jean Skeen who without any Cause Sumoned the petitioners to appear before the saids Lords as if guilty of deeds of oppression against her, Wheras in the exercise of their Jurisdiction, did really treat her with much more moderation then the case deserved, And Therfore Craved that the petitioner might be Liberat from Such a Calumnious and injurious persuit, The saids Lords were indeed pleased upon production of the Copies that the petitioner had gott to admitt protestatione for not insisting, Which is ordinary in such cases Bot Seing the authority of their Magistracy in the place doeth necessarly requyre requyre2 That Such Caluminous and Malicious persuits Should be farder Noticed, and that the raisers therof, and not insisters therin as it is Certaine this Jean Skeen would never have insisted at least be Sentanced in Large expences to the example and terror of others specially when need bees the petitioners can prove that She never intended more by the Citatione Bot to Conques and gett a Litle money from Such as She thought would redeem themselfe from the trouble And Therfore Humbly Craveing the saids Lords for the honor and authority of the magistracy and for repressing such pernicious examples and keeping good order in the petitioners burgh to Decerne the said Jean Skeen in Large expensses Since the petitioners could truely affirme to the saids Lords that she hath put their burgh and the persones cited to more then threttie pound Sterling of expence, as the petitione bears The Lords of his Majesties privy Councill haveing Considered this petition given in to them be the Magistrats of Aberdeen They Doe hereby Decerne and Ordaine the above Jean Skeen to make payment and Satisfactione to the saids Magistrats of the toune of Aberdeen of the Soume of ane hundred pounds Scots as expences presently modified by their Lordships for the unnecessary trouble given to them, and for their attendance in obtaineing the protestatione for not insisting at the tounes instance against her, Which is dated the twenty Seventh of June instant, And that attour the usuall protestatione money, And Ordaines Letters of horning on fiftein dayes under the Signet of Councill and others Needfull to be direct hereon in forme as effeirs.

1. NRS, PC2/27, 210v-211r.

2. Sic.

1. NRS, PC2/27, 210v-211r.

2. Sic.

Act, 29 June 1699, Edinburgh

Posted on by

Att Edinburgh the Twenty Nynth day of June Jaj vic nyntie nyne years

D1699/6/71

Act

Act Maxwell of Sprinkell for a stipend

Anent a Petition given in to the Lords of his Majesties privy Councill be Sir Patrick Maxwell of Sprinkell, The Lairds of Woodhouse, Core, and Mosknow, for themselves and in name of the rest of the heritors and parishioners of Kirkpatrick Fleeming in Annandale Shewing That wher the said kirk of Kirkpatrick and the Manse are altogither ruinous So that Neither the minister the minister now setled amongst the 2 petitioners has ane house to Live in, nor is their any Convenient place for the publict worship of God near the said Church except the open fields, and that ther are severall vaccand stipends of the said Church resting owing by the heritors, And Seing the rebuilding of the said Church and Manse, are as pious and necessar uses (Considering Circumstances above represented) as any the saids Stipends can be applyed to And that the right honorable, The Earle of Annandale patron of the said paroch was most willing the saids stipends be applyed for the ends and uses forsaid and ex super abundante has allowed the petitioners to Implore the saids Lords warrand and authority therto And Therfore Humbly Craveing the saids Lords would grant Warrand and authority to William Whyt in Poldaw or any other persone the saids Lords should think fitt, To Charge for and uplift the haill vaccand Stippends of the said paroch from those lyable in payment therof Conforme to decreet of Locality and to apply the samen for repairing of the said Church and building of ane sufficient manse therat, and finally to be Comptable for the Supperpluse if any be to the said Earle as patron forsaid as the said petition bears The Lords of his Majesties privy Councill Haveing Considered the above petition given in to them by the above Sir Patrick Maxwell and others heritors and parishioners of Kirkpatrick Fleyming in Annandale, And that the Earle of Annandale who is patron of the said kirk Sitting at the Councill board Declared his Consent therto, They hereby allow the vaccant Stipend of the above kirk of Kirkpatrick Fleymeing in Annandale from the terme of Whitsunday Jaj vic Eightie nyne to Mertinmass Jaj vic nyntie seven years to be uplifted and Imployed for the repairation fo the above Kirk and manse Or building a Sufficient new manse to the said Church, And nominats and appoints William Whit in Poledean to be factor for uplifting the said vaccant Stipends, And Decernes and Ordaines the saids factors to be readily answered obeyed and payed of the said vaccant Stipends by the heritors fewars Wodsetters lifrentars titulars tackmen of Teynds tennants possessors and others Lyable in payment of the Same And Ordaines Letters of horning one fiftein dayes under the Signet of horning one fiftein dayes under the Signet of Councill to be direct hereon at the said William Whyte factor his instance against the heritors and others forsaids Lyable in payment of the saids vaccant Stipends upon production of a decreet of Locality And incase ther be non Ordaines the heritors and others forsaids Lyable in payment of the saids vaccand Stipends to make payment therof to the said factor according as they shall be Decerned by the Judge Ordinary, The said William Whyt factor allwayes first before extracting hereof giveing bond and finding sufficient Caution acted in the books of privy Councill that he shall uplift and Imploy the vaccant Stipends of the said kirk dureing the Space above mentioned upon reparatione of the said kirk and manss or rebuilding a new Sufficient Manse, and if any Supperplus of the saids vaccant Stipends Shall remaine in the factors hands more then Shall be Imployed upon the repairation of the Said Kirk and Manse That he shall make Just Compt reckoning and payment to the said Earle of Annandale as patron forsaid of the same to be Imployed upon pious uses within the paroch.

Att Edinburgh the Twenty Nynth day of June Jaj vic nyntie nyne years

D1699/6/71

Act

Act Maxwell of Sprinkell for a stipend

Anent a Petition given in to the Lords of his Majesties privy Councill be Sir Patrick Maxwell of Sprinkell, The Lairds of Woodhouse, Core, and Mosknow, for themselves and in name of the rest of the heritors and parishioners of Kirkpatrick Fleeming in Annandale Shewing That wher the said kirk of Kirkpatrick and the Manse are altogither ruinous So that Neither the minister the minister now setled amongst the 2 petitioners has ane house to Live in, nor is their any Convenient place for the publict worship of God near the said Church except the open fields, and that ther are severall vaccand stipends of the said Church resting owing by the heritors, And Seing the rebuilding of the said Church and Manse, are as pious and necessar uses (Considering Circumstances above represented) as any the saids Stipends can be applyed to And that the right honorable, The Earle of Annandale patron of the said paroch was most willing the saids stipends be applyed for the ends and uses forsaid and ex super abundante has allowed the petitioners to Implore the saids Lords warrand and authority therto And Therfore Humbly Craveing the saids Lords would grant Warrand and authority to William Whyt in Poldaw or any other persone the saids Lords should think fitt, To Charge for and uplift the haill vaccand Stippends of the said paroch from those lyable in payment therof Conforme to decreet of Locality and to apply the samen for repairing of the said Church and building of ane sufficient manse therat, and finally to be Comptable for the Supperpluse if any be to the said Earle as patron forsaid as the said petition bears The Lords of his Majesties privy Councill Haveing Considered the above petition given in to them by the above Sir Patrick Maxwell and others heritors and parishioners of Kirkpatrick Fleyming in Annandale, And that the Earle of Annandale who is patron of the said kirk Sitting at the Councill board Declared his Consent therto, They hereby allow the vaccant Stipend of the above kirk of Kirkpatrick Fleymeing in Annandale from the terme of Whitsunday Jaj vic Eightie nyne to Mertinmass Jaj vic nyntie seven years to be uplifted and Imployed for the repairation fo the above Kirk and manse Or building a Sufficient new manse to the said Church, And nominats and appoints William Whit in Poledean to be factor for uplifting the said vaccant Stipends, And Decernes and Ordaines the saids factors to be readily answered obeyed and payed of the said vaccant Stipends by the heritors fewars Wodsetters lifrentars titulars tackmen of Teynds tennants possessors and others Lyable in payment of the Same And Ordaines Letters of horning one fiftein dayes under the Signet of horning one fiftein dayes under the Signet of Councill to be direct hereon at the said William Whyte factor his instance against the heritors and others forsaids Lyable in payment of the saids vaccant Stipends upon production of a decreet of Locality And incase ther be non Ordaines the heritors and others forsaids Lyable in payment of the saids vaccand Stipends to make payment therof to the said factor according as they shall be Decerned by the Judge Ordinary, The said William Whyt factor allwayes first before extracting hereof giveing bond and finding sufficient Caution acted in the books of privy Councill that he shall uplift and Imploy the vaccant Stipends of the said kirk dureing the Space above mentioned upon reparatione of the said kirk and manss or rebuilding a new Sufficient Manse, and if any Supperplus of the saids vaccant Stipends Shall remaine in the factors hands more then Shall be Imployed upon the repairation of the Said Kirk and Manse That he shall make Just Compt reckoning and payment to the said Earle of Annandale as patron forsaid of the same to be Imployed upon pious uses within the paroch.

1. NRS, PC2/27, 209v-210v.

2. Sic.

1. NRS, PC2/27, 209v-210v.

2. Sic.