D1698/4/3
D1698/4/32
Sederunt
Earl of Southerland; Earl of Annandale; Earl of Ruglen; Lord Yester; Viscount Tarbat; Lord Carmichaell; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Laird of Stevensone; Lord Provost of Edinburgh
1. NRS, PC2/27, 108r.
2. NRS, PC2/27, 107v-108r.
1. NRS, PC2/27, 108r.
2. NRS, PC2/27, 107v-108r.
D1698/4/2
D1698/4/21
Warrant
Sir Gilbert Eliot clerk of privie Counsell haveing represented that maister James Carnegie of Phineven by order of the Lords of his majesties privie Counsell of the threttie of December Jaj vic nyntie seven had given bond by him as principall and John Scott of Logie as Cawtioner that he should attend all the dyets of Councill and Countie in the process then depending at The Lord Advocats instance against him The Laird of Kinnffauns and Mr James Grub minister at Oathlaw and that he should fullfill the sentance of Councell to be pronunced therin daited the first day of Janwary Jaj vic and nyntie eight And that the said proces never being insisted in The saids Lords of his majesties privie Counsell have by ther act of the third of March Last bypast ordained Finneven to grant bond and find Cautione in both processes Depending at Kinnfauns instance against him befor the Counsell which he hes found Dated the twentie one day of March Last And Since this Last bond comes in place of the first bond tho it be not in the Same process Phineven craves that he may have up the said first bond Which being considered by the saids Lords they heirby awthorize and give warrand to ther clerks of Counsell to give up the said first bond to Phineven dated the first of Janwary Jaj vic nyntie eight yeirs For which this shall be to all concerned a sufficient warrand
1. NRS, PC2/27, 107v-108r.
1. NRS, PC2/27, 107v-108r.
D1698/4/1
D1698/4/12
Sederunt
Marquis of Tweedale; Earl of Southerland; Earl of Annandale; Lord Yester; Lord Carmichael; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Proveist of Edinburgh
1. NRS, PC2/27, 107v.
2. NRS, PC2/27, 107v.
1. NRS, PC2/27, 107v.
2. NRS, PC2/27, 107v.
D1698/3/12
D1698/3/121
Act
Anent the petitione given in to the Lords of his majesties privie Cownsell be The brewars within the towne of Edinburgh and Liberties therof and other neighboureing brewers Shewing That wheras By the act of parliament Jaj vic nyntie six for the present additionall excyse It is Staitute that dureing the concurring of this excyse with the annexed excyse the Louest price of ale or Drinking bear to be in all burghs wher the burgh hath a particular impositione on malt or liqwors twentie eight pennies per pint viz from the first of March instant to the first of March Jaj vic nyntie nyn to be payed by the 2 Bwyer to the vintner or topster and in all other places both to burgh and to Landward the price to be two Shilling for the pint dureing the space foirsaid and to be payed as said is with certificatione that the vintner or topster transgressing by selling wnder the saids raites Shall be fyned by the Commissioners of excyse in the Somme of ten pund Scotts at the instance of any other brewer or complainer toties qwoties And furder be aither putt wnder Sufficient Suretie or dischairged to brew in tyme comeing Lykeas by the said act ther Lordships are awthorized and impowered to prescribe such other methods and orders as they shall Judge necessarie for the better uplifting and inbringing of the said excyse The petitioners Doe humbly crave Leave to represent that the excyse being by the act of parliament Laid upon the brewars and the price of ale payed to the vintner only raised by the foirsaid provisione It is Just and reasoneable that the brewars Should be alloued to raise the price proportionallie Seing otherwise the vintners Should reap the benefite and the brewers only bear the burden Secundo that if the neighboureing 3 vintners in the Abbay yeard Heades of Leith and other adjacent places Should take upon them to Sell ther aill at a Lower rate they being So neare and contigwows to the petitioners the Same will not only prove contrairie to the eqwalitie designed by the act of parliament But visibly tend to the petitioners enorme prejudice upon which considerationes ther Lordships as to these two articles did by ther proclamatione the Sixt of Augwst Jaj vic nyntie five yeirs in the very parrallell caice not only allowed the petitioners to raise the price of all ale to be vented within the burgh of Edinburgh Suburbs and Liberties therof and yeard heads of Leith proportionallie as the vintners are allowed to raise the Same ut Supra Dischairgeing the neighboureing vintners whither the Abbay yeard heads of Leith Caltoune and other adjacent places to Sell ther ale at a Lower rate then the price to the petitioners appointed under the Same certificatione ordained as to vintners within burgh But Tertio the petitioners must furder with all Submissioen represent to ther Lordships that Considering the present Staite of brewing and what distress and callamitie hes come upon brewars generallie these Late yeirs The foirsaid qwota of twentie eight pennies per pint for the vintner and topster and proportionallie for the brewas appears to be below what is reqwisite for makeing this present excyse of six pennies per pint effectwall and furthcomeing within the burgh of Edinburgh and other burghs who have a particullar impositione for themselvs as above wherby they humbly receave it necessarie that ther Lordships Doe furder consider the foirsaid price and make such ane additione to it as may best condwce for the makeing effectwall and the better uplifting and inbringing of the said excyse Conforme to the power given to ther Lordships in generall by the acts of parliament for the excyse And specially Seing that what ther Lordships are to appoint is only to State the minimum in order to a Just eqwalitie And therfore humbly craveing ther Lordships in consideratioen of the premisses first to consider the aforsaid rate appointed by the act of parliament as the minimwm in the caise afoirsaid and to ordaine Such additione therto as ther Lordships shall sie cause And in the next place to ordaine the foirsaid proclamatione formerly emitted and when adopted to the present case to be renwed in the termes therof and as may best agrie to the present exigence As the said petitione bears Which petitione being this day read in presence of the saids Lords of his majesties privie Counsell and the saids Lords haveing considered the said petitione with the former act mentioned therin in favoures of the brewars dated the sixth of August Jaj vic nyntie five yeirs The Saids Lords doe heirby ordaine and allow the petitioners to raise the price of all ale to eb vented and sold within the burgh of Edinburgh Suburbs and Liberties therof and yeard heads of Leith proportionallie as the vintners are allowed to raise the samen And dischairges the neighboureing vintners within the Abbay yeard heads of Leith Coldtowne and other adjacent places to the petitioners to sell ther ale at a Lower rate then the price appointed to the petitioners with and under the Same certificatione and penaltie appointed to vintners within burgh And appoints thir presents to be printed and published at the mercat cross of Edinburgh and other places neidfull
1. NRS, PC2/27, 106r-107v.
2. The word ‘brewer’ scored out here.
3. The word ‘adjacent’ scored out here.
1. NRS, PC2/27, 106r-107v.
2. The word ‘brewer’ scored out here.
3. The word ‘adjacent’ scored out here.
D1698/3/11
D1698/3/112
Sederunt
Lord Chancellor; Earl of Bwchan; Earl of Lauderdale; Earl of Annandale; Earl of Ruglen; Lord Montgomry; Lord Forbes; Lord Ruthven; Lord Carmichaell; Lord Advocat; Lord Philliphaugh; Lord Philliphaugh3; Lord Anstruther; Laird of Pollock; Proveist of Edinburgh; Laird of Kellburne
1. NRS, PC2/27, 105v.
2. NRS, PC2/27, 105v.
3. Sic.
1. NRS, PC2/27, 105v.
2. NRS, PC2/27, 105v.
3. Sic.
D1698/3/10
D1698/3/101
Act
Anent the petitione given in to The Lords of his majesties privie Counsell be Christean and Jacobina Forbesses Laufull daughters to the deceast Mr Patrick Forbes Late Bishup of Caithnes Shewing That ther Lordships petitioners are in verie hard circumstances The one by the death of her husband Leivtennent Collonell Moodie in his majesties Service at the battell of Landen, The other by Long expensive and forced actiones at Law in defending and vindicating Just and wndoubted rights against powerfull adversaries And both by other callamitous accidents that have befallen ther families And now The Kirks of Keith and Grainge wnder the patronadge of Sir John Forbess of Craigevar haveing bein vaccand for the yeirs Jaj vic nyntie Six and Jaj vic and nyntie seven The said Sir John Forbes would willingly apply the vaccand Stipends of them for their behoove if ther Lordships would please to interpose ther authoritie And that for both these yeirs Jaj vic nyntie six and Jaj vic nyntie Seven with the burden allwayes of the twentie merks dwe to Swch ministers as have preached at the saids Kirks within the saids yeirs And therfore humbly craveing ther Lordships to take ther present hard circumstances to ther piows consideratione And to grant to the petitioners the vaccand Stipends of the saids kirks of Keith and Grainge for the saids two yeirs Jaj vic nyntie six and Jaj vic and nyntie Seven with the burden of the twentie merks foirsaids they allwayes obtaining the consent of the said Sir John Forbess and to warrand the said Christean Forbes to uplift the Same from the heretors and others Lyable in payment therof for her own and her sisters behoove And for that effect to grant Letters of Horning As the said petitione bears Which being this day read and considered be the Saids Lords of his majesties privie Counsell They doe heirby grant to the petitioners the vaccand Stipends of the above kirks of Keith and Grainge for the above yeirs Jaj vic nyntie Six and Jaj vic and nyntie Seven with the burden of the twentie merks allowed by act of parliament to the ministers preaching at the saids kirks And decernes and ordaines the heretors fewars Liferenters wodsetters titullars tacksmen of teinds tennents possessors and others lyable in payment of the saids Stipends to make payment to the said Christean Forbess for her own and her sisters behoove of the saids two yeirs vaccand Stipends with the burden of the twentie merks as said is In respect the saids petitioners have prodwced a consent of the said Sir John Forbes of Craigiebar as patrone for gifting of the saids stipends to the petitioners And ordaines Letters of horneing to be direct hereon at the instance off the said Christean Forbess against the heretors fewars wodsetters titullars tacksmen and others foirsaids lyable in payment of the saids Stipends 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 Same according as they shall be decerned by the Judge ordinar
1. NRS, PC2/27, 105r-105v.
1. NRS, PC2/27, 105r-105v.
D1698/3/9
D1698/3/91
Act
Anent the petitione given in to The Lords of his majesties privie Counsell be Barbara Backley eldest Laufull doughter to the deceast Sir Robert Barclay of Pearstowne and now Spouse to Robert Mwir of Mwnkwood Shewing That wher the petitioner Some few yeirs agoe being wnfortunatly maried to the said Robert Moor who gott a Suitable portione with her (2yet she is now redacted to great straits and difficulties which doe not soe much proceed from any burden of debts that his estate Lyes wnder which at most is but eight Thowsand merks (And his fortwne upwards of fourtein hundereth merks per annwm) as from his evill manadgement extravagant and wnnecessarie Spending and his wnhwmane and wnnaturall cariadge to her All which are notourely knowen to the Jurisdictione of Carrick wher he Lives and evidently appears by the many decreits for bloods and battaries pronunced against him and the many weist maillings of his estate thowgh it be repute als good Land as is in that Cowntrie everie bodie Shwning to bargaine with him being anie wyld and wnreasonable man Soe that the petitioner is not only now Subjected to the freqwent rage and furie of his inconstant humoure But with her whole family to pinching straits for want of bread though She be a persone of good parrentage as is well knowen to Some of ther Lordships number And therfore Humbly craveing to the effect eftermentioned As the said petitione bears which being this day red and considered be the saids Lords of his majesties privie Counsell They doe heirby allow the petitioner to possess the house yeards and precincts of Munkwood for ane yeir to Come from the day and date hereof And decernes and ordaines the tennents and possessors of the Lands of Mwnkwood to make payment and satisfactione to the petitioner of the Soume of Four hundereth merks Scotts money for aliment to herself and her familie for the Space ane yeir to rwn from the day and date heirof And ordaines Letters to be direct heiron against the tennents and Mwnkwood whose names and ther proportiones are to be insert in the saids Letters and others others in forme as effeirs
1. NRS, PC2/27, 104r-105r.
2. Closing bracket missing.
1. NRS, PC2/27, 104r-105r.
2. Closing bracket missing.
D1698/3/8
D1698/3/81
Act
Anent the petitiones given in to The Lords of his majesties privie Counsell The one therof be Mr James Carnegie of Phinhaven Shewing that the petitioner being by their Lordships order Comitted prisoner to the tollbwth of Edinburgh and haveing remained ther for about the Space of Six weeks Ther Lordships were graceousely pleased to ordaine the petitioner to be sett at Libertie upon his finding sufficient Cautione to appeare befor their Lordships when called and accordingly he was sett at Libertie upon cawtione But within few dayes efter he was Liberat out of prisone ther is a new complaint raised at the instance of The Laird of Kinfauns and his curators against the petitioners and his Lady and his Lady2 the the petitioners doughter for declaireing ther mariadge void and null and the Same being called ther Lordships were pleased to ordaine the petitioner within eight dayes therefter to produce The Lady Kinnfauns at the barr under the penaltie of Ten Thowsand merks or otherwayes to goe back to prisone and the petitioner not haveing a cawtion or readie for soe great a soume did frielie submitt and comply with the other alternative of ther Lordships interloqwitor by reentering into prisone the very same might Notwithstanding wherof and that the weather was very tempestwows and Stormie at the tyme The Lady Kinfauns did appear befor ther Lordships at the barr And ther being a full heareing before their Lordships upon the said complaint they were pleased to declyne to Judge in the petitioners doughters mariadge with Kinfauns and did remit the other points of the Lybell against the petitioner to probatione And accordingly ther haveing bein severall wittnesses examined therupon The petitioner is very hopefull that the great clamoure made against him in the saids complaints at the adviseing of the depositiones will not be found proven And Seing the petitioner hath bein soe Long detained prisoner to the great prejudice both of his health and privat affairs And that ther Lordships (as he is informed) are resolved to adjurne for some considerable tyme And as he never intended to give the Least offence So he is heartiely Sorrie that he Should have done any thing that might have given ther Lordships the Least displeasure And he humbly craves pardone for the Same And therfore humblie craveing ther Lordships to take the premisses to ther Sereows consideratione and to ordaine the petitioner to be Sett at Libertie upon his inacting himself to appear before ther Lordships when called for or finding Cautione for that effect As the said petitione bears Ane other of the saids petitiones at the instance of Thomas Blair of Ballthaoick for himself and in name and behalf of the other freinds of Kinfauns on the father and motehr Syde Shewing That wher the petitioners raised a perswite befor ther Lordships against Phinhaven for one of the most attrocious attempts that ever was brought befor ther Lordships in a mater of that kind with all the aggravatting circumstances of breach of trust wnfaithfullnes to a nephew and boy of fourtein yeirs of age contempt of the Lawes of nature nationes and of the authoritie of the cowrt wher the Samen was committed Supported by a cheatting of the Law and manifest evasione in a Judiciall oath which deserves a very hard name that ther Lordships would pwnish the abwses pwtt by him upon Kinfauns (to whom he had being tutor) in the choise of his curators by a pretended electione which pairtly by force and pairtly by fraud he caused Kinfauns to make befor The Shirreff deput of Forfar In which perswite the petitioners haveing prevailled and ther Lordships haveing Found not only ther electione null and void But Phinhaven gwiltie of the foirsaids manifold abuses in all reasone the petitioners ought to be refounded of ther expensses as acting dwetifullie for ther wndefeinded kinsman in hazard to be imposed upon and betrayed as said is Lykeas the said perswite befor ther Lordships by reasone of the great oppositione made by Phinhaven and the attendance to which they were obleidged hath bein verie expenssive And therfore humbly craveing ther Lordships to tax ther said expenss and decerne for the same As the said petitione at more Lenth bears And the third of the saids petitiones given in by the wittnesses adduced in the process persewed befor the Councell at the instance of the Laird of Kinfauns Bellthayock and others against the Laird of Phinhaven Anent the Curatrie viz James Blair of Ardblair Patrick Lyon of Ballgilly Gilbert Ramsay baillie of Forfar John Fallconer of Ballmashanock James Blair of Glaschloon Alexander Blair of Inshyre Mr John Lyon Shirreff clerk of Forfar William Dickiesone Towne Clerk William Wee wryter of Forfar Alexander Jaffery towne Thesaurer James Dall writer the George Cuthbert wryter ther Alexander Cook wryter ther Shewing That wher they are cited and called as wittnesses befor ther Lordships in the foirsaid actione and obleidged to come to Edinburgh and attend the Same Since the twentie nynth of october to the Sixtein of November Last inclwsive Dureing which tyme they for themselvs horses and servants have bein at very considerable expensses which Conforme to ther Lordships dayly practise and custome they owght to be payed and Satisfied by aither of the saids pairties And they haveing formerly applyed to ther Lordships They ordained Mr James Carnegie of Phinhaven to make payment to Alexander Aliesone for our accompt of Sixtein Shilling per diem from the said nyntyne of october to the said sixtein of November therefter inclusive and granted warrand for Letters of horning against him for payment therof on twentie four houres As to which interloquitor with all deference they represent to ther Lordships that any man Led as a witnes declaireing he had a horse is allowed sixtein Shilling per diem But the petitioners humblie Conceave that considering they are Gentlemen and had not only horses to themselvs But alsoe to ther Servants and being tyed to closs attendance dureing the foirsaid Space they for themselvs horses and servants were at very great chairges and expensses farr above what was formerly by ther Lordships allowed and over and above they are obleidged to be at the chairges of this and a former applicatione and also must extract the act and wse horneing which will near take the third of ther Lordships former allowance And therfore humbly craveing ther Lordships would consider the premisses and decerne and ordaine the said Mr James Carnegie to make payment to them of the Soume of thrie punds per fiem for each of the foirsaids dayes togither with what chairges and expensses they may be at in obtaining payment therof And that in regaird of the great expensses and trouble they have bein putt to in the said affaire And that it is most ordinary for people of ther qwalitie and Statione to have the foirsaid allowance haveing not only ther own but ther Servants to mentaine As also the said Patrick Lyon of Ballgilly over and above the foirsaids dayes is now againe called over as a witnes to the mariage and that notwithstanding he was at Edinburgh the tyme therof and therby hes bein obleidged to attend theron Since the twelve of Febrwary instant and will be the twentie Sixth ditto befor he can returne to his own house so that above the foirsaid allowance for the first process which was anent the curatrie he humbly craves ther Lordships may also modifie to him what expensses they Judge necessar for the foirsaid Space anent the mariage and to decerne Summar payment therof As the said petitione at more lenth beares The Lords of his majesties privie Counsell haveing this day Considered the saids haill thrie petitioners above uritten They by ther Sentance decerned and ordained the said Mr James Carnegie of Phinhaven to make payment and satisfactione to Thomas Blair of Bellthayock petitioner for himself and in name and behalf of the other freinds of the Laird of Kinfauns on the father and mothers Syde of the Soume of Ane hundereth and fifftie pwnds Sterleing of the expenss debursed be The Laird of Bellthayock and the freinds foirsaids upon both processes intended befor The Cowncell at the instance of The Laird of Kinfauns against The Laird of Phinhaven anent the curatrie and anent The mariage and ordaines the said Thomas Blair of Bellthayock to Satisfie the wittnesses expensses so far as is not all readie decerned against the said Laird of Phinhaven owt of the first end of the said Soume And ordaines Letters on six dayes wnder the Signet of Counsell and uthers to pass heiron in forme as effeirs And ordaines the said Laird of Phinhaven to continue prisoner untill he make payment of the Said Soume of Ane hundereth and fiftie pund Sterleing And upon payment of the Said Soume The Saids Lords of his majesties privie Counsell Doe heirby give order and warrand to the magistrats of Edinburgh and keeper of ther Tollbwith to Sett the Said Mr James Carnegie of Phinhaven at Libertie furth therof In respect he hes given bond and found Sufficient Cautione acted in the books of privie Counsell that he shall attend all the dyets of Counsell or Committie appointed or to be appointed in the said process when ever he shall be called or requyred therto And that wnder the penaltie of Two hundereth punds Sterleing in caice he Shall faill in any pairt of the premisses As also In respect the said Mr James Carnegie of Phinhaven in obedience and conforme to a delyverance of The Lords of privie Counsell upon a bill of Suspensione containing a charge to putt at Libertie presented by Phinhaven of the date the tenth of March instant hath consigned in the hands of Sir Gilbert Eliot advocat one of the Clerks of his Majesties privie Counsell the said Soume of Ane hundereth and fiftie pund Sterleing appointed to be payed by the above interloquitor
1. NRS, PC2/27, 101v-104r.
2. Sic.
1. NRS, PC2/27, 101v-104r.
2. Sic.
D1698/3/7
D1698/3/71
Act
Anent the petitione given in to the Lords of his majesties privie Counsell be John Baine younger of Twlloch Shewing That ther Lordships petitioner being about his Laufull affairs upon the Seventh of October Last in the towne of Chanry in Ross in the house of David Mckullock one of the baillies of the said towne Dreading no hurt Judgeing him Self Secure wnder the protectione of his majesties government and Lawes and behaveing himself as a dwetifull Subject Mr William Baillie Roderick Mckeinzie Simon Mckeinzie John Forsyth domestick servants to The Earle of Seaforth and Donald Moriesone Staibler in the said towne of Chanrie by the hunding out of the said Earle Leaveing ther accomplices without doors in manifest contempt of the government most barbarousely with staves and other offensive weapons entered the roume wher the petitioners was at Dinner and first haveing seased and broken his pistolls most crwellie bate wounded and abused him to the great effwsione of his blood and when the said baillie Mckullock commanded them in the Kings name to forbeare these horrid barbarities The said Roderick Mckeinzie replyed they valued not him nor his King for they Commanded ther And likewayes the said Mr William said they were now above these things And when ther Lordships petitioner was scarce able to stand upon his feet for the many greivows and severe Strocks he receaved from them as if he were ane malefactor they dragged him out of his chamber and caried him bare headed through the streets untill they brought him to the closs at the Earles house and haveing bolted the gaites that ther might be noe wittnesses to his wseage ther they Sent to The Earle to know what furder orders he wowld give anent the petitioner and the persone Sent haveing returned all of them a pairt Comowned with him and then brought the petitioner to The Earles yeard wher Likewise they baite and abused him and threatned to Kill him if he would not Sweare and give it under his hand never to represent or persew The Earle or any of them for what was at present Done at Invernes wher they deforced the Messinger which he refwiseing they robbed him of severall papers he had about him and then Lett him goe upon which most attrociows mater of fact ther Lordships petitioner being very confident ther Lordships would in vindicatione of the honor of the government fall upon effectwall meanes to Suppress Such manifest oppressiones raised a lybell against The Earle and his foirsaids Servants wherupon they were cited to the fourth of Janwary Last and non Compeareing certificatione was admitted against them which can be of noe import to the petitioner Seing no Legall Sentance can be execute at the petitioners instance against The Earle or his accomplices in that Countrie And that now The Earle is upon the place But will goe presently north Ther Lordships haveing taken off his confinement And Therfore humbly craveing ther Lordships to take the premisses to ther Sereows consideratione and ordaine The Earle befor he be allowed to goe hom first to find good Suretie to appeare in this the petitioners process to the end Secondly that he produce his foirsaids Servants for whom he is answerable by Law Especiallie Seing he intertained and harboured them in his house and Service for a considerable tyme efter Committing of the said Cryme Tertio that he pay to the petitioner what expensses he hes alreadie putt him to through his not compearance which the petitioner cannot but value to be upwards of six Hundereth pund Scotts by and attour the damnadge he Sustaines through his absence from his Laufull affairs and the expensses he is putt to by his attendance here Qwarto that in respect non of the witnesses for proveing the said mater of fact will compeare by reasone of The Earles awthoritie and Command in that Cowntrey to ordaine the Shirreff of that Shyre to take and Secure them till they give Sufficient Suretie each of them to compeare against Swch a day as ther Lordships Shall please to appoint to the defenders to ansuer to the lybell As the Said petitione bears Which petitione being this day read and considered be the saids Lords of his majesties privie Cownsell They Doe heirby decerne and ordaine The Said Earle of Seaforth to give bond and find Sufficient Cawtione acted in the books of privie Counsell That he shall appeare before the saids Lords upon the first twesday of Jullie next to come and answere to the Lybell depending befor The Councell at the instance of Sir John Dempster of Pitliver and The Laird of Tulloch against his Lordshipe And that he Shall attend the haill dyets of Counciell or ther Committie to be appointed in the Said mater And to obtemper and fullfill the Sentence of Councell to be given and pronunced in the said mater And furder That the said Earle of Seaforth Shall exhibit and produce in presence of the saids Lords of privie Counsell the persones of Mr William Baillie Roderick Mckeinzie Simeon Mckeinzie and John Forsyth domestick servants to his Lordshipe And the persone of Donald Moriesone Stabler in the towne of Chanry belonging to the said Earle And that in the termes of the two hundereth and twentie Seventh act fourtein parliament King James the sixth upon the said first twesday of Jwllie next to come wnder the penaltie of Five Hundereth punds Sterleing in caice he shall transgress in any pairt of the premisses and Give order and warrand to the Shirreff principall of the Shyre of Ross within which Shyre the wittnesses efternamed doe Live and reside to seaze upon and Secure the persones of David Mcculloch Baillie of Chanry Aneas Mclaud towne clerk of Edinburgh Donald Bame Brother to Ronald Bame of Knockbame Peter Lamb in Chanry Donald Davidsone glover ther Kenneth Mckeinzie cordiner ther John Fraser Robert Ross yownger of Merkmish Alexander Mckeinzie younger of Sands John Cuthbert of Draikies Late proveist of Innvernes Kenneth Mckeinzie of Swddie Mr Colline Mckeinzie Doctor of Medicine at Invernes Alexander Cuming wryter ther David Fouller younger merchand ther John Hepburne gwnner ther Alexander Baillie one of the towne officers of Innvernes and William Ross Servitor to James Baillie Shirreff clerk of Innvernes wittnesses cited in the said process ay and untill they and each one of them find Sufficient Sovertie to the Said Shirreff and his deputs that they shall appeare before The Councell upon the said first twesday of Jully next and beare witnes in the foirsaid actione And the saids Lords Superceeds to give ansuer to that point of the petitione anent expensses untill adviseing of the said cause And the saids Lords doe heirby declare the certificatione pronunced by ther Lordships in the foirsaid process to Stand in full force and effect But dischairges any executione to be Done upon the foirsaid certificatione or upon the Letters of Denunceatione to be raised ther on And Discharges the registrating of the saids Letters or executione therof untill the saids Lords proceed in this maiter And ordaines Letters of horning on fiftein dayes and others neidfull wnder the Signet of Counsell to be direct heiron in forme as effeirs
1. NRS, PC2/27, 99r-101v.
1. NRS, PC2/27, 99r-101v.
D1698/3/6
D1698/3/62
Sederunt
Lord Chancellor; Earl of Sutherland; Earl of Bwchan; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Ruglen; Viscount Tarbatt; Lord Forbess; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Fountainhall; Lord Anstruther; Lord Rankeillor; Laird of Grant; Laird of Pollock; Proveist of Edinburgh; Laird of Kellburne
1. NRS, PC2/27, 99r.
2. NRS, PC2/27, 99r.
1. NRS, PC2/27, 99r.
2. NRS, PC2/27, 99r.