D1699/6/6
D1699/6/62
Sederunt
Lord Chancelor; Duke of Queensbery P:S:; Earl of Marr; Earl of Mortone; Earl of Buchan; Earl of Galloway; Earl of Lothian; Earl of Lowdone; Earl of Annandale; Lord Strathnaver; Lord Forbes; Lord Advocat; Lord Theserer Deput; Lord Justice Clerk; Lord Halcraig; Lord Rankellor; Mr Fra: Montgomry
1. NRS, PC2/27, 209r.
2. NRS, PC2/27, 209r.
1. NRS, PC2/27, 209r.
2. NRS, PC2/27, 209r.
D1699/6/5
D1699/6/51
Act
Anent a petition given in to the Lords of his Majesties privy Councill be the Patron of the kirk of Clackmanan and John Earle of Marr Livetenent Collonell James Bruce of Kennet heritors of the Said paroch for themselves and the rest of the heritors of the said paroch for them selves and the rest of the heritors therof And Alexander Inglis factor appointed by the Lords of Session for uplifting the rents of the Estate of Clackmanan off which Kirk the Laird of Clackmanan is patron Shewing That wher the kirk of Clackmanen was vaccant and the Stipend therof unuplifted for the years of God Jaj vic Nyntie Seven years Jaj vic nyntie Eight and this present year Jaj vic nyntie nyne Except so much therof as is given out to the minister for preaching as the said kirk in the termes of the act of parliament, and soume therof which has been payed with Consent of the patron for pious uses within the paroch, And Seing the kirk of Clackmanan and Ministers Manse therof was fallen ruinous, and under decay and that the bridge Called Mary bridge being in the high way leading to Stirling and other places in the west was also Decaying So that it was not possible when rains came on or speats or Watter carried own the watter of Divan upon which the said bridge was built and would become ruinous and fall unless the Samen were helped and hade ane other arch annexed therto, And Seing the Condition of the poor in the said paroch was greatly increased in want and their number Multiplied throw the present Straits Dearth and Scarcity of victuall So that the vaccand Stipends forsaids Cannot be better Imployed then upon repairatione of the said kirk, manse and bridge and Supplieing the necessities of the said poor, And Seeing the Patron doeth Consent that the said Stipend be Imployed in maner forsaid and for other pious uses within the same As his Consent therwith produced would testifie which was testified by his subscription hereof And Therfore Humbly Craveing the saids Lords would be pleased To allow the Stipends forsaids to be Imployed for the ends and uses above mentioned at sight of the petitioners, and to nominat and appoint the said Livetenent Collonell James Bruce of Kenett one of the petitioners to be factor for ulifting2 the saids stipends and he should find Cautione to Imploy the Same to the ends and usses and with exceptiones abovementioned And to Ordaine these Lyable in payment to make payment of the Same in Comon Styll as the petition bears, The Lords of his Majesties privy Councill Haveing Considered this petition given in to them by the above patron of the kirk of Clackmanan, The Earle of Marr and others with Consent of the patron They hereby Allow the Stipend of the above kirk of Clackmanan for the years Jaj vic Nyntie Seven, Nyntie Eight and Jaj vic Nyntie Nyne (except so much therof as is given out to Ministers for preaching at the said kirk in the termes of the act of parliament, And that part therof which has been payed with Consent of the patron for pious uses within the paroch) to be Imployed for repairing the kirk and Manse of Clackmanan and the above bridge Called Mary Bridge And for Supplying the Necessities of the poor of the said parish as is abovementioned, and that at the Sight of the petitioners, And nominats and appoints Livetenent Colonell James Bruce of Kenet ane of the petitioners to be factor for uplifting the saids Stipends or so much therof as is resting as said is, And Ordaines the said Livtennant Collonell James Bruce to be readily answered obeyed and payed of the said Stipends by the heritors fewars wodsetters Lifrentars titulars tacksmen of teynds tennents possessors and others Lyable in payment of the Samen; And Ordaines Letters of Horning On Fiftein dayes under the Signet of Councill and others needfull to be direct hereon at the said factors instance against the heritors and others Lyable in payment of the saids Stipends upon production of a decreet of Locallity, and in case ther be non Ordaines the heritors and others forsaids Lyable in payment of the saids stipends to make payment therof to the saids factors of their respective proportions of the same according as they shall be decerned by the Judge Ordinary, In respect3 The said Livetenent Collonell James Bruce factor before extracting hereof has given bond and found Sufficient Caution acted in the books of privy Councill, That he shall Imploy the saids Stipends for the ends and uses forsaids at the Sight of the saids petitioners.
1. NRS, PC2/27, 208r-209r.
2. Sic.
3. The words ‘In respect’ is an insertion.
1. NRS, PC2/27, 208r-209r.
2. Sic.
3. The words ‘In respect’ is an insertion.
D1699/6/4
D1699/6/41
Decreet
The Which Day in presence of the Lords of his Majesties privy Councill Compeared Patrick Count Lessly, John Allardyce younger present Baillie of Aberdeen, Alexander Forbes Baillie ther and Mr Robert Irvine of Cults and each of them produced Copie of a lybell or Letters of Complaint raised before the saids Lords at the instance of Jean Skeen daughter to the deceast James Skeen merchant in Aberdeen Wherby the saids Patrick Count Lessly John Allardyce, Alexander Forbes and Mr Robert Irvine and Alexander Walker Late provest of Aberdeen, baillie James Milne late Dean of Gild Alexander Abercrombie of Alwhorsk Thomas Gordon, and John Gordon his father merchant ther Jean Gordon daughter to the said John Gordon merchant ther James Smith relict of John Forbes, Robert Hay James Irvine and John Ritchie toune officers ther were Sumoned To have Compeared before the Lords of his Majesties privy Councill this day Toutching the saids haill defenders their haveing Committed a manifast Ryot upon the said pursuer by comeing to her house in Aberdeen to have brock up the same (and haveing returned againe) Finding the house Shutt in the first place be sett the house both at the fore gate and back, and brock up the door, and therafter threatned to draw the pursuer by the nose and Caried her away Notwithstanding severall persones offered to bind themselves to present her to answer to what could be Laid against her And She had been almost killed by ane rable in the way and Laid her in the Tolbooth and exacted a fyne of Twentie Shilling Sterling from her, And Shew That the day of Compearance Contained in the Copies to which the saids defenders were Cited Was now come And that the said Jean Skeen pursuer failled to Compear and insist in the forsaid lybell and Complaint, albeit the saids defenders were all wayes ready to have answered to the forsaid lybell or Letters of Complaint, And Therfore Protested that the saids defenders might not be Lyable to answer to the said Lybell or Letters of Complaint untill they be of new cited againe for that effect and their expensses refounded to them Whilk protestatione The saids Lords Have Admitted and hereby Admitts, Attour The Saids Lords of his Majesties privy Councill Have Modified and hereby Modifies the Soume of Fiftein pounds Scots of expences to be payed by the said Jean Skeen to the Saids defenders to be divided equally amongst them, And Ordaines Letters of horning on fiftein dayes and others needfull under the Signet of Councill to be direct hereon in forme as effeirs.
1. NRS, PC2/27, 207r-208r.
1. NRS, PC2/27, 207r-208r.
D1699/6/3
D1699/6/32
Sederunt
Lord Chancelor; Earl of Marr; Earl of Galloway; Earl of Lauderdale; Earl of Lowdone; Earl of Leven; Lord Strathnaver; Lord Forbes; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Halcraig; Lord Rankeillor; Lord Phesdoe; Laird of Blackbarony; Laird of Cessnock
1. NRS, PC2/27, 207r.
2. NRS, PC2/27, 207r.
1. NRS, PC2/27, 207r.
2. NRS, PC2/27, 207r.
D1699/6/2
D1699/6/21
Judicial Proceeding: protestation
The Which Day In presence of the Lords of his Majesties privy Councill Compeared John Stewart of Phesgill and William Mcindish one of the present baillies of Whythorne, and produced a Copie of a Lybell or Letters of Complaint raised before the saids Lords at the instance of James Agnew younger of Lochnaw Shirreff of Wigtoune against them Wherby, the said John Stewart and William Mcendish defenders were Sumoned to have Compeared before the saids Lords of his Majesties privy Councill this day Toutching the saids John Stewart and William Mcandish Committing of a manifest Ryot Lybelled in deferring and opposing the said James Agnew younger of Lochnaw and his officers and procurators Fiscall In searching and trying for persons Who were guilty of Stealling foods within the Shirefdom of Wigtoune and toune of Whithorne and regallity of the Samen as the said Copie of the date the […] day of […] Last bypast at more Length proports And Shew that the day of Compearance Contained in the said Copie to which the saids two persones were cited was come and that the said James Agnew younger of Lochnaw pursuer failled to COmpear and insist in the forsaid lybell or Letters of Complaint albeit the said John Stewart and William Mcandish were allwayes ready to have answered to the forsaid lybell or Letter of Complaint And Therfore Protested that the saids two persones might not be Lyable to answer to the said lybell or Letters of Complaint untill they be of new cited againe for that effect And their expence refounded to them, Whilk protestation The saids Lords have Admitted and hereby Admitts, Attour the saids Lords of his majesties privy Councill have Modified and hereby Modifies the Soume of Fiftein pounds Scots of expenss to be payed by the said James Agnew younger of Lochnaw to the saids John Stewart and William Mcandish to be divided equally betuixt them, And Ordaines Letters of horning under the Signet of Councill to be direct for payment of the said expence and answers upon the premisses in forme as Effeirs.
1. NRS, PC2/27, 206v-207r.
1. NRS, PC2/27, 206v-207r.
D1699/6/1
D1699/6/12
Sederunt
Lord Chancelor; Earl of Melvill P.C.; Duke of Queensberry P:S:; Earl of Marr; Earl of Mortone; Earl of Buchan; Earl of Galloway; Earl of Lauderdale; Earl of Lowdone; Earl of Leven; Earl of Anandale; Earl of Northesk; Viscount Seafeild S:; Lord Strathnaver; Lord Montgomrie; Lord Carmichaell S:; Lord Forbes; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Mr Fra: Montgomry; Laird of Blackbarony; Laird of Stevenson; Laird of Cessnock; Lord Provost of Edinburgh
1. NRS, PC2/27, 206v
2. NRS, PC2/27, 206v.
1. NRS, PC2/27, 206v
2. NRS, PC2/27, 206v.
D1699/5/2
D1699/5/21
Act
Anent the petition given in to the Lords of his Majesties privy Councill be Mr Roderick Mckenzie of Prestonhall, Shewing That the petitioner haveing some intrest within the Shyre of Angus, and haveing Occasion to bring some victuall from the petitioners intrest ther for the petitioners oun and his famillies use at Prestonhall, The Magistrats of Dundie refuses to allow the Samen to be Shipped at Dundie upon pretence of the Late act of privy Councill allowing the persones therinnamed to prohibit the exporting of victuall from the Northerne Shyres if they Shall think fitt, Albeit it does appear that the designe of the said act was only to prohibit the transporting of victuall bought in the North to be sold againe in the South at greater pryces, and could never be intended to prohibit any persone to export their own victuall which they did not buy from the north for the use of their family in the South without any designe of Sale, Which does easily appear by the Small quantity that the petitioner is desyreing to export Viz Fourtie bolls of meall Twenty bolls of Malt and threttie bolls of oats And Therfore Humbly Supplicating to the aftermentioned, The Lords of his majesties privy Councill Haveing Considered this petitione Given in to them by the above Mr Roderick Mckenzie of Prestonhall, They doe hereby Give Order and Warrand To the magistrats of Dundie To Suffer and permitt the petitioner to export from the above shyre of Angus the above quantities of victuall viz Fourtie bolls of meall Twenty bolls of malt, and twenty bolls of Oats Growing upon the petitioners oun intrest in the forsaid shyre and that for the use of the petitioner and his family at Prestonhall And appoints the Saids Magistrats to Secure the said victuall and the petitioner in Transporting therof from being troubled or robbed within the said toune of Dundie and Liberties therof as they will be answerable.
1. NRS, PC2/27, 205v-206v.
1. NRS, PC2/27, 205v-206v.
D1699/5/1
D1699/5/12
Sederunt
Lord Chancelor; Duke of Queensberry P:S:; Earl of Crafurd; Earl of Mortone; Lord Strathnaver; Lord Ruthven; Lord Thesaurer Deput; Lord Philiphaugh; Lord Crossrig; Mr Fra: Montgomrie; Laird of Stivenson; Lord Provest of Edinburgh
1. NRS, PC2/27, 205v.
2. NRS, PC2/27, 205v.
1. NRS, PC2/27, 205v.
2. NRS, PC2/27, 205v.
D1699/3/20
D1699/3/201
Act
Anent the petition given in to the Lords of his majesties privy Councill be Dame Lillias Setton relict of the deceast Sir James Ramsay Shewing That wher the honorable Estates of Parliament in Consideration of the Crying necessitie of the petitioner and her deceast husband ther being redacted to2 for want of a Just and great debt due to the petitioners by the Earles of Seaforth did by their act and Decreet the twentie seventh of June Jaj vic Nyntie fyve years Grant ane aliement to the petitioner of ane thousand pound Scots yearly dureing her liftime out of the Lands possest by the Earle of Seaforth and the Countes his mother, Bot Seing the petitioners Condition was so indigent as rendered her utturly incapable to evict the Same from such eminent persones in Consideration therof the saids Lords upon application made by the petitioner were graciously pleased to recommend the petitioner to the Lords of Thesaury in order to her being payed of the forsaid aliement and the saids Lords Haveing ordered the petitioners payment of the Samen for some time, and accordingly the petitioner haveing gott payment therof till within these their years or therby, That the saids Lords were pleased to refuse the petitioners payment thereof any more bot ordained the petitioner to use dilligence against the Earle of Seaforth for payment of the Samen, And the petitioner haveing used all maner of dilligence against him for getting payment therof Bot could not effectuat the same which by the want of the forsaid aliement for so long a time and haveing no other mean of Livelyhood Bot only that forr Supplieing the petitioner in her present necessitie and being deprived therof these thrie years bypast hath rendered the petitioner in such a Starving Conditione that the petitioner hath not wherupon to Live unles the saids Lords would grant remeid for that effect And Therfore Humbly Craveing the saids Lords would take the petitioners poor Starrving Condition to the saids Lords Consideratione and to ordaine him to Continue prisoner in the Castle of Edinburgh or else wher untill he make payment to the petitioner of the lygons of the said annuity and secure the petitioner for the Same in time comeing as the saids Lords did in the case of Pitliver and to grant the petitioners warrand to arreist him for that effect, or at least to Recommend to the Comander in Cheif to give warrand to a partie to assist the petitioners poynding or other legall dilligence against him and the Countes and their tennents or else to Recommend the petitioner effectually to the Lords of Thesaury to pay the petitioners Small debt and to take the petitioner right therto for their repayment as formerly and by which she hoped their Lordships neither were nor should be Lossers as the petitione bears The Lords of his majesties privy Councill haveing Considered a petition given in to them by Dame Lillias Seatton relict of Sir James Ramsay of Logie They doe hereby Recommend to the Commander in Cheiff of his Majesties forces within this kingdome And in his absence gives order and warrand to the persone who shall be Comander in in3 Cheif for the time or Comandant at Invernes to furnish to the petitioner a Competent number of his majesties foot forces to be assistant to her in doeing dilligence by poynding Craption Or otherwayes against the Earle or Countes of Seaforth for payment of the debt due to the petitioner, And Recommends to the Lords Commissioners of her majesties Thesaury To Cause the same dilligence be done for payment of the petitioners debt, Which they shall Cause be done for payment of the few duties for the Isles and other debts resting to the Earle of Seaforth to his Majestie And in the mean time Recommends to the saids Lords of his Majesties Thesaury To Supply the petitioners urgent necessity, and to allow her something for her mantinance and Subsistance and to preserve her alyve her alyve till She shall gett payment of the Earle of Seaforths debt She assigneing for his majesties use pro rata.
1. NRS, PC2/27, 204v-205v.
2. Insertion.
3. Sic.
1. NRS, PC2/27, 204v-205v.
2. Insertion.
3. Sic.
D1699/3/19
D1699/3/192
Sederunt
Lord Chancelor; Duke of Queensberry P:S:; Earl of Marr; Earl of Lowdoun; Earl of Leven; Lord Strathnaver; Lord Advocat; Lord Aberurchill; Lord Halcraig; Lord Crossrig; Lord Phesdoe; Lord Provest of Edinburgh
1. NRS, PC2/27, 204v.
2. NRS, PC2/27, 204v.
1. NRS, PC2/27, 204v.
2. NRS, PC2/27, 204v.