Tag Archives: decreta

Act, 14 June 1698, Edinburgh

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Att Edinburgh the fourtein day of Jwny Jaj vic nyntie eight yeirs

D1698/6/61

Act

Act Mr Colline Niccolsone

Anent the petitione given in to The Lords of his majesties privie Counsell be Mr Colline Niccollsone preacher of the gospell at Strathaven Shewing That wher ther Lordships petitioner being minister of the parochin of Kirkmichaell in Strathaven and upon his not readeing the proclamationes emitted by ther Lordships for owning his Majestie King William and not praying for him in express termes Ther Lordships were pleased to Suspend the petitioner from the publict exercise of the ministrie and deprived him of the benefice The petitioner craves Leave humblie to represent to ther Lordships that it was2 out of noe dissaffectione to his majestie and his government that the petitioner did not read the proclamationes in due tyme and pray for his Majestie in express termes But the trweth is the parochin wherof the petitioner was minister being in The North Highlands wher the rebells then in armes did freqwently hawnt and resort and with all a great many of his parichiners being papists he durst not without hazard of his life at that tyme publictly own his majesties and the government and to evidence his affectione to the government in church and state soe soon as the petitioner had opportwnitie he gave testimony of his affectione to the government by applying to the Commissione of the generall assembly in the yeir Jaj vic nyntie four the petitioner did Supplicat them wherin he owned the government of the church the confessione of faith ratified by the parliament Jaj vic and nyntie and craved to be receaved into the ministrie upon which they recomended the petitioner to ther Lordships as appears by ane extract wnder ther clerks hands therwith prodwced Lykeas the petitioner applyed to Sir James Ogilvie principall secretarie of State and Shirreff principall of The Shyre of Banff within which his said parochin lyes and upon the fourth of September Jaj vic nyntie five Swore the alleadgeance and Signed the assureance befor him as appears by a testificat wnder his Lordships hand And albeit the petitioner hes thws given testimony of his affectione to the government and with a great daill of discouragement from many of his parochiners who are knowen papists been still preaching yet without ther Lordships grant him ther warrand he cannot gett the stipend for mentaineance of himself and his poor numerows small familie And therfore humbly craveing ther Lordships To Commisserat his conditione (who hes given testimony of his affectione to the government as said is and is still content to give all testimonies that Law requyres of his affectione to it) and to allow the petitioner the Stipend of the said parochin since he still preaches ther and to ordaine the heretors and others lyable in payment therof to make payment to the petitioner of the Stipends resting to him for the preceeding yeirs and dureing his Service As the said petitione bears Which petitone being this day read and considered be the saids Lords of his majesties privie Counsell with the wrytes mentioned therin and prodwced therwith They doe heirby allow to the petitioner the Stipend of the above kirk of Strathaven for the haill yeirs of God Jaj vic nyntie six and nyntie seven for a present subsistance to the petitioner and his familie And decernes and ordaines the petitioner to be readiely answered obeyed and payed of the saids two yeirs Stipend of the said Kirk by the heretors fewers wodsetters Liferenters titullars tacksemen of teinds tennents possessors and others Lyable in payment of the said Stipend And ordaines Letters of horning on fiftein dayes under the Signet of Cowncell to be direct at the petitioners instance against the heretors fewars wodsetters liferenters and others foirsaids lyable in payment of the saids two yeirs Stipend upon productione of a decreit of Localitie And in caice ther be non ordaines the heretors and others foirsaids to make payment of ther respective proportiones of the saids two yeirs Stipend according as they shall be decerned be decerned3 by the Judge ordinar

Att Edinburgh the fourtein day of Jwny Jaj vic nyntie eight yeirs

D1698/6/61

Act

Act Mr Colline Niccolsone

Anent the petitione given in to The Lords of his majesties privie Counsell be Mr Colline Niccollsone preacher of the gospell at Strathaven Shewing That wher ther Lordships petitioner being minister of the parochin of Kirkmichaell in Strathaven and upon his not readeing the proclamationes emitted by ther Lordships for owning his Majestie King William and not praying for him in express termes Ther Lordships were pleased to Suspend the petitioner from the publict exercise of the ministrie and deprived him of the benefice The petitioner craves Leave humblie to represent to ther Lordships that it was2 out of noe dissaffectione to his majestie and his government that the petitioner did not read the proclamationes in due tyme and pray for his Majestie in express termes But the trweth is the parochin wherof the petitioner was minister being in The North Highlands wher the rebells then in armes did freqwently hawnt and resort and with all a great many of his parichiners being papists he durst not without hazard of his life at that tyme publictly own his majesties and the government and to evidence his affectione to the government in church and state soe soon as the petitioner had opportwnitie he gave testimony of his affectione to the government by applying to the Commissione of the generall assembly in the yeir Jaj vic nyntie four the petitioner did Supplicat them wherin he owned the government of the church the confessione of faith ratified by the parliament Jaj vic and nyntie and craved to be receaved into the ministrie upon which they recomended the petitioner to ther Lordships as appears by ane extract wnder ther clerks hands therwith prodwced Lykeas the petitioner applyed to Sir James Ogilvie principall secretarie of State and Shirreff principall of The Shyre of Banff within which his said parochin lyes and upon the fourth of September Jaj vic nyntie five Swore the alleadgeance and Signed the assureance befor him as appears by a testificat wnder his Lordships hand And albeit the petitioner hes thws given testimony of his affectione to the government and with a great daill of discouragement from many of his parochiners who are knowen papists been still preaching yet without ther Lordships grant him ther warrand he cannot gett the stipend for mentaineance of himself and his poor numerows small familie And therfore humbly craveing ther Lordships To Commisserat his conditione (who hes given testimony of his affectione to the government as said is and is still content to give all testimonies that Law requyres of his affectione to it) and to allow the petitioner the Stipend of the said parochin since he still preaches ther and to ordaine the heretors and others lyable in payment therof to make payment to the petitioner of the Stipends resting to him for the preceeding yeirs and dureing his Service As the said petitione bears Which petitone being this day read and considered be the saids Lords of his majesties privie Counsell with the wrytes mentioned therin and prodwced therwith They doe heirby allow to the petitioner the Stipend of the above kirk of Strathaven for the haill yeirs of God Jaj vic nyntie six and nyntie seven for a present subsistance to the petitioner and his familie And decernes and ordaines the petitioner to be readiely answered obeyed and payed of the saids two yeirs Stipend of the said Kirk by the heretors fewers wodsetters Liferenters titullars tacksemen of teinds tennents possessors and others Lyable in payment of the said Stipend And ordaines Letters of horning on fiftein dayes under the Signet of Cowncell to be direct at the petitioners instance against the heretors fewars wodsetters liferenters and others foirsaids lyable in payment of the saids two yeirs Stipend upon productione of a decreit of Localitie And in caice ther be non ordaines the heretors and others foirsaids to make payment of ther respective proportiones of the saids two yeirs Stipend according as they shall be decerned be decerned3 by the Judge ordinar

1. NRS, PC2/27, 113r-114r.

2. The word ‘not’ scored out here.

3. Sic.

1. NRS, PC2/27, 113r-114r.

2. The word ‘not’ scored out here.

3. Sic.

Sederunt, 14 June 1698, Edinburgh

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Att Edinburgh the fourtein day of Jwny Jaj vic nyntie eight yeirs1

D1698/6/52

Sederunt

Earl of Mellvill; Earl of Southerland; Earl of Lauderdale; Earl of Annandale; Earl of Forfar; Earl of Ruglen; Lord Bellhaven; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Fountainhall; Lord Anstruther; Mr Fra: Montgomry; Laird of Pollock; Laird of Blackbarrony; Proveist of Edinburgh

Att Edinburgh the fourtein day of Jwny Jaj vic nyntie eight yeirs1

D1698/6/52

Sederunt

Earl of Mellvill; Earl of Southerland; Earl of Lauderdale; Earl of Annandale; Earl of Forfar; Earl of Ruglen; Lord Bellhaven; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Fountainhall; Lord Anstruther; Mr Fra: Montgomry; Laird of Pollock; Laird of Blackbarrony; Proveist of Edinburgh

1. NRS, PC2/27, 113r.

2. NRS, PC2/27, 111v-113r.

1. NRS, PC2/27, 113r.

2. NRS, PC2/27, 111v-113r.

Decreet, 9 June 1698, Edinburgh

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Att Edinburgh the nynth day of Jwny Jaj vic nyntie eight years

D1698/6/41

Decreet

Decreit Mortoune and Kirk Thesaurer Against Hary Baird

Anent the Lybell or complaint raised and persewed befor The Lords of his majesties privie Counsell at the instance of Andrew Mortowne merchand burges of Edinburgh with concurse of Sir James Stewart his majesties Advocat for his highnes interest in the mater wnderwritten Makeing mentione That wherby the threttie fourth act of the first parliament of King Charles the Second It is Staitute and ordained that what persone or persones Shall marie or procure themselvs to be maried in a clandestine or disorderlie way contrair to the established order of this kirk or by a persone not Dwely awthorized Shall be imprisoned for their moneths and besyde ther imprisonment Shall pay each Nobleman One Thowsand punds Scotts each barron and Landed Gentleman Ane Thowsand merks each Gentleman and burges of Five Hundered pwnds Scotts each other persone Five Hundereth merks And that they Shall remaine in prisone ay and while they make payment of ther respective penalties foirsaids And that the celebrator of such mariadges be banished the Kingdome never to returne wnder the paine of death As the said act ordaining one Advocat to persew the contraveiners at more Length bears Nevertheles It is of veritie that Henry Baird merchand burges of Edinburgh And Isobell Mortoun doughter to the said Andrew Mortoune Complainer have maried or procured themselvs to be maried in a clandestine and disorderly way and without the knowledge of ther parents And furder the saids pairties Speciallie the said Henry Baird refwises to discover wheras the celebrator of the said mariadge which in all reasone he owght to doe wherby It is evident that both the saids pairties are gwiltie of a clandestine mariadge in the termes of the foirsaid act for which they owght to be imprisoned and fynes atleast in the Soume of five Hundered pwnds Scotts as above And furder in ther persones and goods for the foirsaid conceallment as The Lords of our privie Counsell Shall think meet to the example and terror of others to Commit the lyke in tyme comeing And anent the chairge given to the saids defenders to have Compeared personallie befor the saids Lords of his majesties privie Counsell at ane certaine day now bypast to have answered to the grownds of the above complaint And to have heard and seen Swch order and Cowrse taken theranent As the saids Lords Showld think fitt wnder the paine of rebellione etc As in the said principall Lybell or Letters of complaint and executiones therof at more Lenth is contained Which Lybell or Letters of Complaint being this day called in presence of the saids Lords of his majesties privie Counsell And the persewar Compeareing personallie with Sir James Stewart his majesties Advocat and Mr David Dallrrumple his advocats and Henry Bairdane of the defenders Compeareing personallie with Mr John Fergwsone his Advocat and the other defender Isobell Mortoun being Laufullie cited oft tymes called and not Compeareing The Lybell and answers therto for the defenders being read And the saids Lords haveing considered The Lybell and bothe pairties Advocats being at lenth heard The defender Henry Baird haveing acknowledged The Lybell at the Councell barr The saids Lords Finds the Lybell proven against the said Henry Baird one of the defenders by his Judiciall acknowledgement of the samen in maner foirsaid And therfore Have Fyned and heirby Fynes the said Henry Baird in the Soume of Five Hundereth pwnds Scotts Conforme to the act of parliament lybelled upon And decernes and ordaines him to make payment of the same to David Forrest merchand and kirk thesaurer of the towne of Edinburgh for the wse and behoove of the poor of the said towne And ordaines Letters of horning on Six dayes and others neidfull to be direct heiron under the Signet of Counsell at the instance of the said kirk Thesaurer And appointed the said Henry Baird to be carried prisoner from the barr to the tollbwith of Edinburgh which was accordingly done and appoints him to remaine prisoner at the said tollbwith for the Space of thrie moneths from the day and date heirof and ay and while he make payment of the above fyne Conforme also to the foirsaid act of parliament.

Att Edinburgh the nynth day of Jwny Jaj vic nyntie eight years

D1698/6/41

Decreet

Decreit Mortoune and Kirk Thesaurer Against Hary Baird

Anent the Lybell or complaint raised and persewed befor The Lords of his majesties privie Counsell at the instance of Andrew Mortowne merchand burges of Edinburgh with concurse of Sir James Stewart his majesties Advocat for his highnes interest in the mater wnderwritten Makeing mentione That wherby the threttie fourth act of the first parliament of King Charles the Second It is Staitute and ordained that what persone or persones Shall marie or procure themselvs to be maried in a clandestine or disorderlie way contrair to the established order of this kirk or by a persone not Dwely awthorized Shall be imprisoned for their moneths and besyde ther imprisonment Shall pay each Nobleman One Thowsand punds Scotts each barron and Landed Gentleman Ane Thowsand merks each Gentleman and burges of Five Hundered pwnds Scotts each other persone Five Hundereth merks And that they Shall remaine in prisone ay and while they make payment of ther respective penalties foirsaids And that the celebrator of such mariadges be banished the Kingdome never to returne wnder the paine of death As the said act ordaining one Advocat to persew the contraveiners at more Length bears Nevertheles It is of veritie that Henry Baird merchand burges of Edinburgh And Isobell Mortoun doughter to the said Andrew Mortoune Complainer have maried or procured themselvs to be maried in a clandestine and disorderly way and without the knowledge of ther parents And furder the saids pairties Speciallie the said Henry Baird refwises to discover wheras the celebrator of the said mariadge which in all reasone he owght to doe wherby It is evident that both the saids pairties are gwiltie of a clandestine mariadge in the termes of the foirsaid act for which they owght to be imprisoned and fynes atleast in the Soume of five Hundered pwnds Scotts as above And furder in ther persones and goods for the foirsaid conceallment as The Lords of our privie Counsell Shall think meet to the example and terror of others to Commit the lyke in tyme comeing And anent the chairge given to the saids defenders to have Compeared personallie befor the saids Lords of his majesties privie Counsell at ane certaine day now bypast to have answered to the grownds of the above complaint And to have heard and seen Swch order and Cowrse taken theranent As the saids Lords Showld think fitt wnder the paine of rebellione etc As in the said principall Lybell or Letters of complaint and executiones therof at more Lenth is contained Which Lybell or Letters of Complaint being this day called in presence of the saids Lords of his majesties privie Counsell And the persewar Compeareing personallie with Sir James Stewart his majesties Advocat and Mr David Dallrrumple his advocats and Henry Bairdane of the defenders Compeareing personallie with Mr John Fergwsone his Advocat and the other defender Isobell Mortoun being Laufullie cited oft tymes called and not Compeareing The Lybell and answers therto for the defenders being read And the saids Lords haveing considered The Lybell and bothe pairties Advocats being at lenth heard The defender Henry Baird haveing acknowledged The Lybell at the Councell barr The saids Lords Finds the Lybell proven against the said Henry Baird one of the defenders by his Judiciall acknowledgement of the samen in maner foirsaid And therfore Have Fyned and heirby Fynes the said Henry Baird in the Soume of Five Hundereth pwnds Scotts Conforme to the act of parliament lybelled upon And decernes and ordaines him to make payment of the same to David Forrest merchand and kirk thesaurer of the towne of Edinburgh for the wse and behoove of the poor of the said towne And ordaines Letters of horning on Six dayes and others neidfull to be direct heiron under the Signet of Counsell at the instance of the said kirk Thesaurer And appointed the said Henry Baird to be carried prisoner from the barr to the tollbwith of Edinburgh which was accordingly done and appoints him to remaine prisoner at the said tollbwith for the Space of thrie moneths from the day and date heirof and ay and while he make payment of the above fyne Conforme also to the foirsaid act of parliament.

1. NRS, PC2/27, 111v-113r.

1. NRS, PC2/27, 111v-113r.

Sederunt, 9 June 1698, Edinburgh

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Att Edinburgh the nynth day of Jwny Jaj vic nyntie eight years1

D1698/6/32

Sederunt

Earl of Mellvill; Earl of Southerland; Earl of Leven; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Fountainhall; Lord Anstruther; Mr Fra: Montgomry; Laird of Pollock; Laird of Blackbarrony

Att Edinburgh the nynth day of Jwny Jaj vic nyntie eight years1

D1698/6/32

Sederunt

Earl of Mellvill; Earl of Southerland; Earl of Leven; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Fountainhall; Lord Anstruther; Mr Fra: Montgomry; Laird of Pollock; Laird of Blackbarrony

1. NRS, PC2/27, 111v.

2. NRS, PC2/27, 111v.

1. NRS, PC2/27, 111v.

2. NRS, PC2/27, 111v.

Act, 7 June 1698, Edinburgh

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Att Edinburgh the Seventh day of Jwny Jaj vic nyntie eight yeirs

D1698/6/21

Act

Act Pollmeis Bannockburne etc

Anent the petitione given in to The Lords of his majesties privie Counsell be Pollmeis Bannockburne and Mr Charles Bennet and others Shewing That the petitioners being conveined befor ther Lordships at the instance of his majesties Advocat for keeping up a meeting house att St Ninians contrair to ane order of ther Lordships made theranent The petitioners Doe humblie beg Libertie to represent that ther Lordships haveing thought fitt to remove Mr Hunter from the said meeting house in respect of his not being qwalified by Law The ptitioners did therefter imploy Mr Lockhart to preach ther who haveing taken the oath of alleadgeance and Subscrived the assureance the petitioners did humbly Judge that by the conniveance of government he might have been tollerat to preach But Since it appears ther Lordships are dissatisfied with his preaching ther The petitioners doe with all humilitie Submit to ther Lordships opinione theranent And Shall not herefter encourage aither maister Lockhart or any other to preach ther nor shall they keep up any meeting house ther while the church is planted But shall most willingly obey ther Lordships orders in this or any other mater relateing to the peace and qwiet of the paroch And therfore humbly craveing ther Lordships to consider that what the petitioners hes Done in this affair hes proceeded from ther mistakeing ther Lordships orders (for which they humbly beg pardone) and not from any contempt therof which they declaire was farr from ther thoughts And therfore that ther Lordships will be pleased to Lett the lybell raised against the petitioners fall As the said petitione bears The saids Lords of his majesties privie Cownsell haveing considered the above petitione They heirby declaire The lybell at the Lord Advocats instance against the petitioners to be Lett fall

Att Edinburgh the Seventh day of Jwny Jaj vic nyntie eight yeirs

D1698/6/21

Act

Act Pollmeis Bannockburne etc

Anent the petitione given in to The Lords of his majesties privie Counsell be Pollmeis Bannockburne and Mr Charles Bennet and others Shewing That the petitioners being conveined befor ther Lordships at the instance of his majesties Advocat for keeping up a meeting house att St Ninians contrair to ane order of ther Lordships made theranent The petitioners Doe humblie beg Libertie to represent that ther Lordships haveing thought fitt to remove Mr Hunter from the said meeting house in respect of his not being qwalified by Law The ptitioners did therefter imploy Mr Lockhart to preach ther who haveing taken the oath of alleadgeance and Subscrived the assureance the petitioners did humbly Judge that by the conniveance of government he might have been tollerat to preach But Since it appears ther Lordships are dissatisfied with his preaching ther The petitioners doe with all humilitie Submit to ther Lordships opinione theranent And Shall not herefter encourage aither maister Lockhart or any other to preach ther nor shall they keep up any meeting house ther while the church is planted But shall most willingly obey ther Lordships orders in this or any other mater relateing to the peace and qwiet of the paroch And therfore humbly craveing ther Lordships to consider that what the petitioners hes Done in this affair hes proceeded from ther mistakeing ther Lordships orders (for which they humbly beg pardone) and not from any contempt therof which they declaire was farr from ther thoughts And therfore that ther Lordships will be pleased to Lett the lybell raised against the petitioners fall As the said petitione bears The saids Lords of his majesties privie Cownsell haveing considered the above petitione They heirby declaire The lybell at the Lord Advocats instance against the petitioners to be Lett fall

1. NRS, PC2/27, 111r-111v.

1. NRS, PC2/27, 111r-111v.

Sederunt, 7 June 1698, Edinburgh

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Att Edinburgh the Seventh day of Jwny Jaj vic nyntie eight yeirs1

D1698/6/12

Sederunt

Earl of Mellvill; Earl of Southerland; Earl of Leven; Earl of Ruglen; Viscount Tiviot; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Fountainhall; Lord Rankeillor; Mr Fra: Montgomry; Proveist of Edinburgh; Sir Patrick Murray

Att Edinburgh the Seventh day of Jwny Jaj vic nyntie eight yeirs1

D1698/6/12

Sederunt

Earl of Mellvill; Earl of Southerland; Earl of Leven; Earl of Ruglen; Viscount Tiviot; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Fountainhall; Lord Rankeillor; Mr Fra: Montgomry; Proveist of Edinburgh; Sir Patrick Murray

1. NRS, PC2/27, 110v.

2. NRS, PC2/27, 111r.

1. NRS, PC2/27, 110v.

2. NRS, PC2/27, 111r.

Order, 10 May 1698, Edinburgh

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Att Edinburgh the tenth day of May Jaj vic nyntie eight yeirs

D1698/5/31

Order

Recomendatione to The Proveist of Edinburgh to sie proclamatione against Copper and brass coyne pwtt to executione in Edinburgh

The Lords of his majesties privie Counsell Doe heirby recomend to Sir Archibald Mwir of Thornetowne Lord Proveist of Edinburgh to take Care and Sie that the proclamatione of Cownsell Dischairgeing Forraigne Copper or Brass coyne emitted upon the fourth of May Jaj vic nyntie seven yeirs be pwnctwallie observed within the burgh of Edinburgh and Suburbs therof In all points Conforme to the tennor of the Said proclamatione

Att Edinburgh the tenth day of May Jaj vic nyntie eight yeirs

D1698/5/31

Order

Recomendatione to The Proveist of Edinburgh to sie proclamatione against Copper and brass coyne pwtt to executione in Edinburgh

The Lords of his majesties privie Counsell Doe heirby recomend to Sir Archibald Mwir of Thornetowne Lord Proveist of Edinburgh to take Care and Sie that the proclamatione of Cownsell Dischairgeing Forraigne Copper or Brass coyne emitted upon the fourth of May Jaj vic nyntie seven yeirs be pwnctwallie observed within the burgh of Edinburgh and Suburbs therof In all points Conforme to the tennor of the Said proclamatione

1. NRS, PC2/27, 109r-110v.

1. NRS, PC2/27, 109r-110v.

Act, 10 May 1698, Edinburgh

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Att Edinburgh the tenth day of May Jaj vic nyntie eight yeirs

D1698/5/21

Act

Act Jennet Stewart

Anent the petitione given in to the Lords of his majesties privie Counsell be Jennet Stewart relict of the deceast Henry Townes in Boghead Liveing in the paroch of Innerkeiller wnder The Earle of Nothesque and only Sister and air to David Stewart her Brother Jerman who Lately Died in Barbadoes Shewing That wher her said Brother by providence haveing gone to Barbadoes and ther purchased a considerable estate and being Latelie deceast without any childrein or airs of his own bodie and ther haveing bein different representationes made to The magistrats of Montrose first by one James Stewart Servant to The Earle of Southesque a pretended grand nephew and obtained his said propinqwitie to the said David to be cognosed attested and declared and ther seall appended to the effect ther testimonie might bear faith abroad and then by one John Stewart in Coatowne of Boningtowne who pretended to be the said Davids nearest kinsman and relatione and obtained his propinqwitie to be in Like maner cognosced and attested by the saids magistrats of Montrose which cognitione and attestatione comeing to be contested by Summonds and Lybell befor ther Lordships They have bein pleased to recomend to and ordaine the Shirreff principall of Forfar and his deputs to hear and take the depositiones of Such wittnesses as shall be Summond befor them anent the said propinqwitie of blood And for that effect have granted dilligence to both the saids pairties and that the said Shirreff and his deputs report the samen against the […] day of Jwny next And Seing that the petitioner the said Jennet Stewart is now the onlie Sister air and nearest of blood to the said David Stewart he never ever haveing had aither brother or sister that were maried or come to age which altogither excludes the foirsaids pretenders and that the petitioners brothers decease hath Lately by reasone of the forsaid process come to her knowledge And that it is ther Lordships Justice and compassione that must help and provide remeid to a woeman altogither wnknowen in such affairs and to vindicat her Just right And therfore humbly craveing ther Lordships on consideratione of the premisses to recomend to the said Shireff principall of Forffar and his deputs and to ordaine them to hear and receave the depositiones of Such wittnesses as the petitioner Shall addwce before them for proveing of her said propinqwitie and as nearest of blood and only air to the said David her brother and to report the said evidence and depositiones soe taken at one and the same tyme with the other two above pretenders And in caise they Shall be reported to ther Lordships before the petitioner can gett hers presented to Stopp the advuseing till such tyme as ther Lordships have all wnder ther consideration and Judgement Especiallie Seing that the petitioner is able to prove her said propinqwitie by near fiftie honest and Substantiall wittnesses of good repute by ther knouledge for the space of upwards fourtie yeirs Besides that it is nottour in the place wher She Lives and to grant Letters of dilligence for citeing of the saids wittnesses to compeare befor the said shirreff and his deputs to the effect foirsaid And that without prejudice allwayes to the petitioner in the mean tyme of Serveing herself air to her brother and reporting the Same to ther Lordships as accords As the said petitione bears Which petitione being this day red and considered be the saids Lords of his majesties privie Counsell They Doe heirby give full power and Commissione to the Shirreff principall of the Shyre of Forffar and his deputs to take and receave the oathes and depositions of Such famows wittnesses as the petitioner Shall adduce befor them at Forfar upon any day or dayes preceeding the tenth day of June next to come for proveing the propinqwitie and nearest of blood and only air to the said wmquhill David Stewart who died att Barbardoes And assignes the said tenth day of June next to come to the said Jennet Stewart and the said Shirreff of Forffar or his deputs for reporting the evidences and depositiones that Shall be taken befor them to the privie Councell And ordains Letters of dilligence to be direct at the instance of the petitioner for citeing the saids wittnesses befor the said Shirreff of Forffar or his deputs The said Jennet Stewart allwayes first makeing Lawfull intimatione to the said John and James Stewarts of the tyme of the wittnesses being to be examine befor ther depositiones he taken But prejudice to her in the mean tyme to Serve herself air to her alleadged brother and to report the Same to the Counsell

Att Edinburgh the tenth day of May Jaj vic nyntie eight yeirs

D1698/5/21

Act

Act Jennet Stewart

Anent the petitione given in to the Lords of his majesties privie Counsell be Jennet Stewart relict of the deceast Henry Townes in Boghead Liveing in the paroch of Innerkeiller wnder The Earle of Nothesque and only Sister and air to David Stewart her Brother Jerman who Lately Died in Barbadoes Shewing That wher her said Brother by providence haveing gone to Barbadoes and ther purchased a considerable estate and being Latelie deceast without any childrein or airs of his own bodie and ther haveing bein different representationes made to The magistrats of Montrose first by one James Stewart Servant to The Earle of Southesque a pretended grand nephew and obtained his said propinqwitie to the said David to be cognosed attested and declared and ther seall appended to the effect ther testimonie might bear faith abroad and then by one John Stewart in Coatowne of Boningtowne who pretended to be the said Davids nearest kinsman and relatione and obtained his propinqwitie to be in Like maner cognosced and attested by the saids magistrats of Montrose which cognitione and attestatione comeing to be contested by Summonds and Lybell befor ther Lordships They have bein pleased to recomend to and ordaine the Shirreff principall of Forfar and his deputs to hear and take the depositiones of Such wittnesses as shall be Summond befor them anent the said propinqwitie of blood And for that effect have granted dilligence to both the saids pairties and that the said Shirreff and his deputs report the samen against the […] day of Jwny next And Seing that the petitioner the said Jennet Stewart is now the onlie Sister air and nearest of blood to the said David Stewart he never ever haveing had aither brother or sister that were maried or come to age which altogither excludes the foirsaids pretenders and that the petitioners brothers decease hath Lately by reasone of the forsaid process come to her knowledge And that it is ther Lordships Justice and compassione that must help and provide remeid to a woeman altogither wnknowen in such affairs and to vindicat her Just right And therfore humbly craveing ther Lordships on consideratione of the premisses to recomend to the said Shireff principall of Forffar and his deputs and to ordaine them to hear and receave the depositiones of Such wittnesses as the petitioner Shall addwce before them for proveing of her said propinqwitie and as nearest of blood and only air to the said David her brother and to report the said evidence and depositiones soe taken at one and the same tyme with the other two above pretenders And in caise they Shall be reported to ther Lordships before the petitioner can gett hers presented to Stopp the advuseing till such tyme as ther Lordships have all wnder ther consideration and Judgement Especiallie Seing that the petitioner is able to prove her said propinqwitie by near fiftie honest and Substantiall wittnesses of good repute by ther knouledge for the space of upwards fourtie yeirs Besides that it is nottour in the place wher She Lives and to grant Letters of dilligence for citeing of the saids wittnesses to compeare befor the said shirreff and his deputs to the effect foirsaid And that without prejudice allwayes to the petitioner in the mean tyme of Serveing herself air to her brother and reporting the Same to ther Lordships as accords As the said petitione bears Which petitione being this day red and considered be the saids Lords of his majesties privie Counsell They Doe heirby give full power and Commissione to the Shirreff principall of the Shyre of Forffar and his deputs to take and receave the oathes and depositions of Such famows wittnesses as the petitioner Shall adduce befor them at Forfar upon any day or dayes preceeding the tenth day of June next to come for proveing the propinqwitie and nearest of blood and only air to the said wmquhill David Stewart who died att Barbardoes And assignes the said tenth day of June next to come to the said Jennet Stewart and the said Shirreff of Forffar or his deputs for reporting the evidences and depositiones that Shall be taken befor them to the privie Councell And ordains Letters of dilligence to be direct at the instance of the petitioner for citeing the saids wittnesses befor the said Shirreff of Forffar or his deputs The said Jennet Stewart allwayes first makeing Lawfull intimatione to the said John and James Stewarts of the tyme of the wittnesses being to be examine befor ther depositiones he taken But prejudice to her in the mean tyme to Serve herself air to her alleadged brother and to report the Same to the Counsell

1. NRS, PC2/27, 109r-110v.

1. NRS, PC2/27, 109r-110v.

Sederunt, 10 May 1698, Edinburgh

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Att Edinburgh the tenth day of May Jaj vic nyntie eight yeirs1

D1698/5/12

Sederunt

Earl of Mellvill; Earl of Southerland; Earl of Lauderdale; Earl of Leven; Earl of Forfar; Earl of Ruglen; Lord Yester; Viscount Tarbatt; Lord Advocat; Lord Justice Clerk; Laird of Blackbarrony; Proveist of Edinburgh

Att Edinburgh the tenth day of May Jaj vic nyntie eight yeirs1

D1698/5/12

Sederunt

Earl of Mellvill; Earl of Southerland; Earl of Lauderdale; Earl of Leven; Earl of Forfar; Earl of Ruglen; Lord Yester; Viscount Tarbatt; Lord Advocat; Lord Justice Clerk; Laird of Blackbarrony; Proveist of Edinburgh

1. NRS, PC2/27, 109r.

2. NRS, PC2/27, 109r.

1. NRS, PC2/27, 109r.

2. NRS, PC2/27, 109r.

Act, 7 April 1698, Edinburgh

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Att Edinburgh the Seventh day of Aprile Jaj vic nyntie eight years

D1698/4/41

Act

Act Hamiltoune against William Mccaw

Anent the petitione given in to The Lords of his majesties privie Counsell be Robert Hamiltowne Late Chamberland to the deceast Countess Dowager of Cassills Shewing That wher William Mccaw Sometyme tennent in Trochen haveing raised ane Lybell befor her Lordships against Mr Alexander Stevensone and George Andersone Narratting severall deeds violences and oppressioen alleadged Committed by them against him in Seasing and disposeing of his goods to the value of thrie Thousand pund But Lybelling nether violence nor wrong against the petitioner But only that he succeeded as Chamberland to the said Mr Alexander and ought to compt reckon and pay to the said William Mccaw of what was left by the said Mr Alexander and intrometted with by the petitioner As the Lybell qwoad the petitioner is altogither civill soe at the dyet of appeareance he was here and dureing his abode the said William Mccaw withdrew and never called his lybell But he no sooner offered to returne But in the Vaccance he calls and obtaines certificatione against which It being reponed and by reasone of his groeing infirmitie through age not being able to appear he prodwced a testificat of his infirmitie upon soule and conscience of the minister and magistrats of Mayboll wher he Lives And also that the process was altogither civill as to the petitioner and only competent befor the Judge ordinary ther Lordships being taken up with weightie maters yet ther Lordships were pleased to remit the Same to the Judge ordinary and ordained the petitioner to pay Ane hundereth merks of expensses As to which he beggs Libertie to represent that this William Mccaw persewer hes the benefite of the poors roll befor the Sessione and soe getts Summonds gratis and therwith oppresseth the countrie by giveing them citationes and takeing them back for rewards and small gratwities and now hes the Same benefite from ther Lordships and though his lybell bears nothing of wrong or Violence done by the petitioner to him yet the petitioner is putt in the close of a lybell against others upon this only head of inromissione with his goods as he who succeeded in the place of a former chamberland and which is altogither civill and competent befor the Judge ordinary And to convince ther Lordships that the petitioner never did him wrong or injure in caice he prevaill befor the Judge ordaines against the petitioenr for the Least farthing he is content to pay the expenss modified But if he doe not prevaill ther is Litle reasone to encourage Such clamorous persones with allowing them expenss in this most wnjust perswites And therfore Humbly creaving ther Lordships to remitt the cause to the Judge ordinary without expenss atleast to Superceed extracting therof untill the event of the process that it may appear whither he or the petitioner are in the wrong And in caise the Same be extracted to grant Suspensione therof without Cawtione or consignatione As the said petitione bears Which being this day read and considered be the saids Lords of his majesties privie Counsell and ansuers for William Mccaw They heirby Superceed any executione to be Done by the said William Mccaw against the petitioner for payment of the above soume of Ane hundereth merks untill the event of the process depending at William Mccaws instance against the petitioner for the alleadged Spwilezea mentioned in the petitione and allowes Suspensione to be expeded for the said Soume without Cawtione or consignatione

Att Edinburgh the Seventh day of Aprile Jaj vic nyntie eight years

D1698/4/41

Act

Act Hamiltoune against William Mccaw

Anent the petitione given in to The Lords of his majesties privie Counsell be Robert Hamiltowne Late Chamberland to the deceast Countess Dowager of Cassills Shewing That wher William Mccaw Sometyme tennent in Trochen haveing raised ane Lybell befor her Lordships against Mr Alexander Stevensone and George Andersone Narratting severall deeds violences and oppressioen alleadged Committed by them against him in Seasing and disposeing of his goods to the value of thrie Thousand pund But Lybelling nether violence nor wrong against the petitioner But only that he succeeded as Chamberland to the said Mr Alexander and ought to compt reckon and pay to the said William Mccaw of what was left by the said Mr Alexander and intrometted with by the petitioner As the Lybell qwoad the petitioner is altogither civill soe at the dyet of appeareance he was here and dureing his abode the said William Mccaw withdrew and never called his lybell But he no sooner offered to returne But in the Vaccance he calls and obtaines certificatione against which It being reponed and by reasone of his groeing infirmitie through age not being able to appear he prodwced a testificat of his infirmitie upon soule and conscience of the minister and magistrats of Mayboll wher he Lives And also that the process was altogither civill as to the petitioner and only competent befor the Judge ordinary ther Lordships being taken up with weightie maters yet ther Lordships were pleased to remit the Same to the Judge ordinary and ordained the petitioner to pay Ane hundereth merks of expensses As to which he beggs Libertie to represent that this William Mccaw persewer hes the benefite of the poors roll befor the Sessione and soe getts Summonds gratis and therwith oppresseth the countrie by giveing them citationes and takeing them back for rewards and small gratwities and now hes the Same benefite from ther Lordships and though his lybell bears nothing of wrong or Violence done by the petitioner to him yet the petitioner is putt in the close of a lybell against others upon this only head of inromissione with his goods as he who succeeded in the place of a former chamberland and which is altogither civill and competent befor the Judge ordinary And to convince ther Lordships that the petitioner never did him wrong or injure in caice he prevaill befor the Judge ordaines against the petitioenr for the Least farthing he is content to pay the expenss modified But if he doe not prevaill ther is Litle reasone to encourage Such clamorous persones with allowing them expenss in this most wnjust perswites And therfore Humbly creaving ther Lordships to remitt the cause to the Judge ordinary without expenss atleast to Superceed extracting therof untill the event of the process that it may appear whither he or the petitioner are in the wrong And in caise the Same be extracted to grant Suspensione therof without Cawtione or consignatione As the said petitione bears Which being this day read and considered be the saids Lords of his majesties privie Counsell and ansuers for William Mccaw They heirby Superceed any executione to be Done by the said William Mccaw against the petitioner for payment of the above soume of Ane hundereth merks untill the event of the process depending at William Mccaws instance against the petitioner for the alleadged Spwilezea mentioned in the petitione and allowes Suspensione to be expeded for the said Soume without Cawtione or consignatione

1. NRS, PC2/27, 108r-109r.

1. NRS, PC2/27, 108r-109r.