Tag Archives: decreta

Act, 6 October 1697, Edinburgh

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Att Edinburgh the Sixth day of October Jaj vic nyntie Seven yeirs

D1697/10/31

Act

Act for Hallgreins aliment

Anent the petitione given in to The Lords of his majesties privie Counsell at the instance of William Raite of Hallgreen Shewing That wheras the petitioner hes been these ten moneths in prisone to the great prejudice of his health soe that he was near to the gaits of death As also his circumstances are very hard for ther is a factor pwtt upon his estate by a false representatione and he being in firmance had no opportwnitie to ansuer for himself And Likewayes his wife hes possest herself this seven yeirs of the Lands of Angws As also his owtsight and insight plainshing to a considerable valwe The petitioner hes not soe much as gotten one groat soe that he must of necessitie Starve and die in miserie ther for he is alreadie a great daill adebted to the people of the tollbwith for his mentainance As also all his cloaths and fwrniture are worne out by soe Long track of imprisonement And Seing the fault the petitioner is imprisoned for are nether capitall nor criminall neither did he ever in the Least either Speak or act against the present government of either church or State the veritie of all which he hes Sett Downe is knowen to severall at the Counsell table And therfore humbly craveing ther Lordships Conforme to ther Laudable cwstome in Such caises to grant warrand to the maister of the tollbwith to grant the petitioner Libertie to goe owt with a keeper to gett the Air for his healths sake As also that ther Lordships would order a competent Soume of money to be payed owt of his own estate and owt of what is possest by his wife for payment of what the petitioner is adebted in the tollbwith and for his own mentainance and all things neidfull As ther Lordships in their wisedome thinks fitt for the petitioner cannot expect any hearing till the Sessione Sitt Downe and if he gett not Some present remedie and releiff From the Lordships he must of necessitie perish hopeing ther Lordships will take the premisses to ther Sereows consideratione As the said petitione bears Which petitione haveing upon the eight of 2 September Last bypast bein read in presence of the saids Lords of his majesties privie Cownsell They as to the petitioners imprisonment Remitted the Same to The Lords of Sessione by whose order he is imprisoned and as to the other point of money and mentaineance they named and appointed a Comitite of ther own number or to call for and convein the creditors of the estate of Hallgrein and Hallgreins Lady and to deall with them and endeavoure by ther consent to modifie and certaine soume for the petitioners aliment and Subsistance dureing his imprisonment And in the mean tyme allowed the creditors to Sie and answer Which Comitie haveing accordinglie mett and haveing called for John Strachan wryter who acts for some of Hallgreins creditors to witt The Laird of Grant and haveing taken Hallgreins oath who acknowledged that he gave Commissione to Charles Straitone his brother in Law to wplift some of his rents But that it was befor a factor was appointed be The Lords of Sessione And that he receaved non of it But about Ane hundereth pund Sterline which was for rests preceeding Jaj vic nyntie Six And the Comitie haveing Considered Hallgreins oath made ther report to the Counsell that Hallgreins Should have modified to him Five hundereth merks which the said John Strachan consents or is not averse from as aliment to him untill the process of Sale of his Lands Shall come to a close And that the Lands shall be sold And that Letters be Direct heiron against the tenents and possessors of the Lands whose names and rents are to be particularlie condescended upon in the horning and others upon fiftein dayes Whilk report with Hallgreins oath being this day red in presence of the saids Lords of his majesties privie Counsell They approved therof and interponed ther awthoritie therto And ordaines the tennents present possessors of Hallgreins Lands instantlie to make payment to him of the Sowme of Five Hundereth merks for his aliment untill the forsaid process of sale come to a close and his Lands be sold And ordaines Letters to be Direct heiron as is contained in the above report

Att Edinburgh the Sixth day of October Jaj vic nyntie Seven yeirs

D1697/10/31

Act

Act for Hallgreins aliment

Anent the petitione given in to The Lords of his majesties privie Counsell at the instance of William Raite of Hallgreen Shewing That wheras the petitioner hes been these ten moneths in prisone to the great prejudice of his health soe that he was near to the gaits of death As also his circumstances are very hard for ther is a factor pwtt upon his estate by a false representatione and he being in firmance had no opportwnitie to ansuer for himself And Likewayes his wife hes possest herself this seven yeirs of the Lands of Angws As also his owtsight and insight plainshing to a considerable valwe The petitioner hes not soe much as gotten one groat soe that he must of necessitie Starve and die in miserie ther for he is alreadie a great daill adebted to the people of the tollbwith for his mentainance As also all his cloaths and fwrniture are worne out by soe Long track of imprisonement And Seing the fault the petitioner is imprisoned for are nether capitall nor criminall neither did he ever in the Least either Speak or act against the present government of either church or State the veritie of all which he hes Sett Downe is knowen to severall at the Counsell table And therfore humbly craveing ther Lordships Conforme to ther Laudable cwstome in Such caises to grant warrand to the maister of the tollbwith to grant the petitioner Libertie to goe owt with a keeper to gett the Air for his healths sake As also that ther Lordships would order a competent Soume of money to be payed owt of his own estate and owt of what is possest by his wife for payment of what the petitioner is adebted in the tollbwith and for his own mentainance and all things neidfull As ther Lordships in their wisedome thinks fitt for the petitioner cannot expect any hearing till the Sessione Sitt Downe and if he gett not Some present remedie and releiff From the Lordships he must of necessitie perish hopeing ther Lordships will take the premisses to ther Sereows consideratione As the said petitione bears Which petitione haveing upon the eight of 2 September Last bypast bein read in presence of the saids Lords of his majesties privie Cownsell They as to the petitioners imprisonment Remitted the Same to The Lords of Sessione by whose order he is imprisoned and as to the other point of money and mentaineance they named and appointed a Comitite of ther own number or to call for and convein the creditors of the estate of Hallgrein and Hallgreins Lady and to deall with them and endeavoure by ther consent to modifie and certaine soume for the petitioners aliment and Subsistance dureing his imprisonment And in the mean tyme allowed the creditors to Sie and answer Which Comitie haveing accordinglie mett and haveing called for John Strachan wryter who acts for some of Hallgreins creditors to witt The Laird of Grant and haveing taken Hallgreins oath who acknowledged that he gave Commissione to Charles Straitone his brother in Law to wplift some of his rents But that it was befor a factor was appointed be The Lords of Sessione And that he receaved non of it But about Ane hundereth pund Sterline which was for rests preceeding Jaj vic nyntie Six And the Comitie haveing Considered Hallgreins oath made ther report to the Counsell that Hallgreins Should have modified to him Five hundereth merks which the said John Strachan consents or is not averse from as aliment to him untill the process of Sale of his Lands Shall come to a close And that the Lands shall be sold And that Letters be Direct heiron against the tenents and possessors of the Lands whose names and rents are to be particularlie condescended upon in the horning and others upon fiftein dayes Whilk report with Hallgreins oath being this day red in presence of the saids Lords of his majesties privie Counsell They approved therof and interponed ther awthoritie therto And ordaines the tennents present possessors of Hallgreins Lands instantlie to make payment to him of the Sowme of Five Hundereth merks for his aliment untill the forsaid process of sale come to a close and his Lands be sold And ordaines Letters to be Direct heiron as is contained in the above report

1. NRS, PC2/27, 43r-44r.

2. The word ‘Aprile’ scored out here.

1. NRS, PC2/27, 43r-44r.

2. The word ‘Aprile’ scored out here.

Act, 6 October 1697, Edinburgh

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Att Edinburgh the Sixth day of October Jaj vic nyntie Seven yeirs

D1697/10/21

Act

Act Mitchell and others in Aberdeen Anent records

Anent the petitione given in to The Lords of his majesties privie Counsell be Thomas Mitchell and John Allardyce Late baillies of Aberdeen Alexander Drem late Dean of gild ther Thomas Forrest and George Logie merchands ther for themselvs and in name and behalf of the Commwnitie of the said bwrgh Shewing That wher The petitioners being constrained to raise a Lybell befor ther Lordships against Robert Crookshank of Banchrie Mr John Johnstowne his son in Law and Some others who indeavoure to ingere themselvs in the government of the said bwrgh of Aberdeen by methods and practises contrairie to the Lawes of the kingdome and the constitution and custome of the said burgh In prosecuting of which Lybell it will be absolwtelie necessar that the records of the burgh Containing the act and constitutione anent ther electione with severall decisiones and minwts for cleareing the formes of ther procedoure be transmitted to ther Lordships clerks office and which are cheifflie to be found in the books of the records of the Jaj vic nyntie two Jaj vic nyntie thrie and Jaj vic nyntie four with the records from the Jaj vic and threttie five to the Jaj vic threttie nyn inclwsive togither also with the minwts and records of this Last electione at Michaelmiss Jaj vic nyntie seven which is the Subject in qwestione As also the saids Robert Crwkshanks Mr John Johnstowne and ther adherents haveing made up a pretended Shape of government for the toune and chosen the persones whose names are heirto subjoined to be magistrats of Counsellors for this yeir Albeit they neither had authoritie to choise them nor can these persones Safelie accept yet they doe threatten to fyne them and wse other dilligence against them for ther not acceptance and not attendance notwithstanding of the present dependance In which some of this wnder written List Are persewers And Seing the present caise is not onlie important of itself But in the conseqwence touches the whole royall burrowes in the natione And therfor most humblie beseeching ther Lordships to ordaine Mr Alexander Thomsone toune clerk of the said burgh and his deputs to transmit the foirsaids records and minwts in ther Lordships clerks hands betuixt and the twentie fifth of October instant to be patent to ther Lordships As also do discharge all procedoure against the persones contained in the said List therwith given in for not accepting of the offices to which they were elected untill the Conclwsione of the present dependancie The List of the persones names who were chosen but accepted not of ther offices Viz Thomas Mitchell Late baillie, George Logie merchant, Thomas Forrest merchand William Crwden merchand Alexander Drem Late dean of gild, Mathew Mckell doctor of physick Charles Lawrie merchand James Baillie merchand, As the said petitione bears The saids Lords of his majesties privie Counsell Haveing considered the above petitione They heirby ordaine the towne clerk of Aberdeen 2 And his deputs to allow the petitioners inspectione of the records of Aberdeen dureing the space mentioned in the petitione togither with the minuts and records of this Last electione at Michaelmise Jaj vic nyntie seven and to give them extracts of what they shall requyre out of the saids records and minwts and allowes the defenders called in the petitioners process to Sie and answer this petitione as to that pairt anent procedoure against the persones contained in the List affixt to this petitione and in the mean tyme discharges all procedoure against the persones in the List untill answers be given in to the petitione And that the petitione and ansuers be advised and interloquitor given theron

Att Edinburgh the Sixth day of October Jaj vic nyntie Seven yeirs

D1697/10/21

Act

Act Mitchell and others in Aberdeen Anent records

Anent the petitione given in to The Lords of his majesties privie Counsell be Thomas Mitchell and John Allardyce Late baillies of Aberdeen Alexander Drem late Dean of gild ther Thomas Forrest and George Logie merchands ther for themselvs and in name and behalf of the Commwnitie of the said bwrgh Shewing That wher The petitioners being constrained to raise a Lybell befor ther Lordships against Robert Crookshank of Banchrie Mr John Johnstowne his son in Law and Some others who indeavoure to ingere themselvs in the government of the said bwrgh of Aberdeen by methods and practises contrairie to the Lawes of the kingdome and the constitution and custome of the said burgh In prosecuting of which Lybell it will be absolwtelie necessar that the records of the burgh Containing the act and constitutione anent ther electione with severall decisiones and minwts for cleareing the formes of ther procedoure be transmitted to ther Lordships clerks office and which are cheifflie to be found in the books of the records of the Jaj vic nyntie two Jaj vic nyntie thrie and Jaj vic nyntie four with the records from the Jaj vic and threttie five to the Jaj vic threttie nyn inclwsive togither also with the minwts and records of this Last electione at Michaelmiss Jaj vic nyntie seven which is the Subject in qwestione As also the saids Robert Crwkshanks Mr John Johnstowne and ther adherents haveing made up a pretended Shape of government for the toune and chosen the persones whose names are heirto subjoined to be magistrats of Counsellors for this yeir Albeit they neither had authoritie to choise them nor can these persones Safelie accept yet they doe threatten to fyne them and wse other dilligence against them for ther not acceptance and not attendance notwithstanding of the present dependance In which some of this wnder written List Are persewers And Seing the present caise is not onlie important of itself But in the conseqwence touches the whole royall burrowes in the natione And therfor most humblie beseeching ther Lordships to ordaine Mr Alexander Thomsone toune clerk of the said burgh and his deputs to transmit the foirsaids records and minwts in ther Lordships clerks hands betuixt and the twentie fifth of October instant to be patent to ther Lordships As also do discharge all procedoure against the persones contained in the said List therwith given in for not accepting of the offices to which they were elected untill the Conclwsione of the present dependancie The List of the persones names who were chosen but accepted not of ther offices Viz Thomas Mitchell Late baillie, George Logie merchant, Thomas Forrest merchand William Crwden merchand Alexander Drem Late dean of gild, Mathew Mckell doctor of physick Charles Lawrie merchand James Baillie merchand, As the said petitione bears The saids Lords of his majesties privie Counsell Haveing considered the above petitione They heirby ordaine the towne clerk of Aberdeen 2 And his deputs to allow the petitioners inspectione of the records of Aberdeen dureing the space mentioned in the petitione togither with the minuts and records of this Last electione at Michaelmise Jaj vic nyntie seven and to give them extracts of what they shall requyre out of the saids records and minwts and allowes the defenders called in the petitioners process to Sie and answer this petitione as to that pairt anent procedoure against the persones contained in the List affixt to this petitione and in the mean tyme discharges all procedoure against the persones in the List untill answers be given in to the petitione And that the petitione and ansuers be advised and interloquitor given theron

1. NRS, PC2/27, 42r-43r.

2. The words ‘dureing the space mentioned in the petitione’ scored out here.

1. NRS, PC2/27, 42r-43r.

2. The words ‘dureing the space mentioned in the petitione’ scored out here.

Sederunt, 6 October 1697, Edinburgh

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Att Edinburgh the Sixth day of October Jaj vic nyntie Seven yeirs1

D1697/10/12

Sederunt

Lord Chancellor; Earl of Sutherland; Earl of Morton; Earl of Rwglen; Lord Justice Clerk; Lord Fowntainhall; Laird of Blackbarrony; Laird of Stevenson; Proveist of Edinburgh

Att Edinburgh the Sixth day of October Jaj vic nyntie Seven yeirs1

D1697/10/12

Sederunt

Lord Chancellor; Earl of Sutherland; Earl of Morton; Earl of Rwglen; Lord Justice Clerk; Lord Fowntainhall; Laird of Blackbarrony; Laird of Stevenson; Proveist of Edinburgh

1. NRS, PC2/27, 41v.

2. NRS, PC2/27, 42r.

1. NRS, PC2/27, 41v.

2. NRS, PC2/27, 42r.

Act, 28 December 1697, Edinburgh

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Att Edinburgh the twentie eight day of December Jaj vic nyntie Seven yeirs

D1697/12/121

Act

Act Stipend of Aberdour in Bwchan

The Lords of his majesties privie Cownsell haveing considered a petitione given in to them by Mr John Whyte with a Counter petitioner for the heretors and parochiners of Aberdowre in Bwchan wher the said Mr John did preach They doe heirby refwise the desyre of Mr John Whytes petitione And allowes the haill yeirs Stipend of Cropt Jaj vic nyntie Six of the said Kirk to be imployed at the Sight of the moderator of the presbetrie within which the said kirk lyes or any to be imployed by him And that upon the necessarie piows wses within the paroch swch as repaireing of kirk and manse and releaveing the necessities of orphands and poor people and nominats and appoints Henry Caddell at the mylne of Aberdour to be factor and collector for uplifting of the said haill yeirs Stipend And decernes and ordaines him to be readiely answered obeyed and payed of the said yeirs Stipend by the heretors fewars wodsetters liferenters titullars tacksemen of teinds tennents possessors and others lyable in payment of the Samen And ordaines Letters of horneing on fiftein dayes under the Signet of Counsell and others neidfull to be directlie on at the said factors at the said factors instance against the heretors fewers wodsetters and others foirsaids lyable in payment of ther respective proportiones therof according as they shall be decerned by the Judge ordinar The said Henry Caddell first befoir extracting heirof giveing bond and finding Sufficient Cautione acted in the books of privie Counsell that he Shall imploy the foirsaid haill yeirs Stipend for the ends and wses abovmentioned And the saids Lords Doe heirby declaire that this Stipend or gift is expressly burdened with the payment of twentie merks appointed to be payed to the ministers preaching at the foirsaid kirk Conforme to the act of parliament made theranent

Att Edinburgh the twentie eight day of December Jaj vic nyntie Seven yeirs

D1697/12/121

Act

Act Stipend of Aberdour in Bwchan

The Lords of his majesties privie Cownsell haveing considered a petitione given in to them by Mr John Whyte with a Counter petitioner for the heretors and parochiners of Aberdowre in Bwchan wher the said Mr John did preach They doe heirby refwise the desyre of Mr John Whytes petitione And allowes the haill yeirs Stipend of Cropt Jaj vic nyntie Six of the said Kirk to be imployed at the Sight of the moderator of the presbetrie within which the said kirk lyes or any to be imployed by him And that upon the necessarie piows wses within the paroch swch as repaireing of kirk and manse and releaveing the necessities of orphands and poor people and nominats and appoints Henry Caddell at the mylne of Aberdour to be factor and collector for uplifting of the said haill yeirs Stipend And decernes and ordaines him to be readiely answered obeyed and payed of the said yeirs Stipend by the heretors fewars wodsetters liferenters titullars tacksemen of teinds tennents possessors and others lyable in payment of the Samen And ordaines Letters of horneing on fiftein dayes under the Signet of Counsell and others neidfull to be directlie on at the said factors at the said factors instance against the heretors fewers wodsetters and others foirsaids lyable in payment of ther respective proportiones therof according as they shall be decerned by the Judge ordinar The said Henry Caddell first befoir extracting heirof giveing bond and finding Sufficient Cautione acted in the books of privie Counsell that he Shall imploy the foirsaid haill yeirs Stipend for the ends and wses abovmentioned And the saids Lords Doe heirby declaire that this Stipend or gift is expressly burdened with the payment of twentie merks appointed to be payed to the ministers preaching at the foirsaid kirk Conforme to the act of parliament made theranent

1. NRS, PC2/27, 64v-65r.

1. NRS, PC2/27, 64v-65r.

Procedure, 28 December 1697, Edinburgh

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Att Edinburgh the twentie eight day of December Jaj vic nyntie Seven yeirs

D1697/12/111

Procedure

Recomendatione Laird of Grant anent process Paull Against Towne of Elgin2

Recomended to The Laird of Grant yet to Speake and daill with the magistrats of Elgin that they delyver up to William Paull his former burges ticket And the band granted by him which is in the hands of Sir […] Caddell of Murtowne containing […] of penaltie And that they consent that The clerks of Cowncell doe delyver up William Pauls charter which is in ther Lordships Hands.

Att Edinburgh the twentie eight day of December Jaj vic nyntie Seven yeirs

D1697/12/111

Procedure

Recomendatione Laird of Grant anent process Paull Against Towne of Elgin2

Recomended to The Laird of Grant yet to Speake and daill with the magistrats of Elgin that they delyver up to William Paull his former burges ticket And the band granted by him which is in the hands of Sir […] Caddell of Murtowne containing […] of penaltie And that they consent that The clerks of Cowncell doe delyver up William Pauls charter which is in ther Lordships Hands.

1. NRS, PC2/27, 64r-64v.

2. An illegible word scored out here.

1. NRS, PC2/27, 64r-64v.

2. An illegible word scored out here.

Sederunt, 28 December 1697, Edinburgh

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Att Edinburgh the twentie eight day of December Jaj vic nyntie Seven yeirs1

D1697/12/102

Sederunt

Lord Chancellor; Earl of Mellvill; Earl of Sutherland; Earl of Morton; Earl of Bwchan; Earl of Leven; Earl of Forffar; Viscount Tarbat; Lord Montgomery; Lord Raith; Lord Forbes; Lord Carmichael; Lord Advocat; Lord Philliphaugh; Lord Rankeillor; Laird of Grant; Laird of Pollock; Laird of Cessnock

Att Edinburgh the twentie eight day of December Jaj vic nyntie Seven yeirs1

D1697/12/102

Sederunt

Lord Chancellor; Earl of Mellvill; Earl of Sutherland; Earl of Morton; Earl of Bwchan; Earl of Leven; Earl of Forffar; Viscount Tarbat; Lord Montgomery; Lord Raith; Lord Forbes; Lord Carmichael; Lord Advocat; Lord Philliphaugh; Lord Rankeillor; Laird of Grant; Laird of Pollock; Laird of Cessnock

1. NRS, PC2/27, 64r.

2. NRS, PC2/27, 64r.

1. NRS, PC2/27, 64r.

2. NRS, PC2/27, 64r.

Decreet, 21 December 1697, Edinburgh

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Att Edinburgh the twentie one day of December Jaj vic nyntie Seven yeirs

D1697/12/91

Decreet

Decreit Suspending the Letters Simpliciter The tennents of Hallgrein Against The Laird of [Hallgrein]

Anent the bill of Suspensione presented to the Lords of his majesties privie Counsell be Robert Hamptowne in the Maines of Hallgrein Agnes Hendersone in Gowrdown James Dickie ther Thomas Folly in Hillsyde Andrew Stevensone and John Watt ther and others the tennents of Hallgrein Shewing That wher they are lately charged be vertue of Letters of horning raised at the instance of George Drumond keeper of the tollbooth of Edinburgh (assigney efterspecified) by ane pretended act of ther Lordships of the Date the Sixth day of October Last bypast modifieing the Soume of five Hundereth merks to be payed to William Rait of Hallgrein for his aliment and contained in ane pretended assignatione made and granted be the said William Rait of Hallgrein to the said George Drumond of the date the threttein day of the said moneth of October Last by past to make payment to the said George Drumond of the said Soume of five hundereth merks in maner following viz the said Robert Hamptowne of the Soume of Ane hundered punds the said Agnes Hendersone Sixtie Six threttein Shilling four pennies The said James Dickie Seventie punds The Said Thomas Thomas Folly Threttie punds the said Andrew Stevensone Fourtie punds And the said John Watt twentie six pund threttein Shilling four pennies And that within ane certaine Short Space under the paine of rebellione and pwtting of them to the horne most wrongouselie and wnjwstlie Considering it is of veritie that they cannot make payment of the foirsaids Soumes charged for, for the reasones and Causses following First because neither they nor any of the creditors of Hallgrein were cited to the modifieing of the foirsaid aliment But upon applicatione to ther Lordships be ane bill given in be the said William Rait of Hallgrein without any citatione given therupon to them or any of the creditors the said William Rait obtained ane act in his favoures Wheras if the petitioners or the creditors of Hallgrein had bein Summoned they would have Compeared and alleadged Lykeas they now alleadge that ther could be no aliment modified to the said William Rait in soe far as The creditors of Hallgrein are in the actwall possessione of the Lands of Hallgrein by reall rights and ane factor setled be the Lords of Sessione for uplifting of the rents threof for the behove of the creditors And so this being the propertie of the creditors no pairt therof could be given off to Hallgrein for aliment Especiallie Considering that Hallgrein was imprisoned for his misdemainers towards The Lords of Sessione and not at the instance of the creditors And Secundo The said William Rait of Hallgrein his Lady haveing gott the gift of her husbands estate and preferred to all her husbands creditors qwoad fiftein chalders of victwall and wherof She is in peaceable possessione She owght out of this to aliment her own husband Especiallie Seing that this propperly belongs to the creditors Tertio That William Rait of Hallgrein haveing ravished and taken from the tennents by violence the rents of Hallgrein of the cropts Jaj vic nyntie four Jaj vic nyntie five and Jaj vic and nyntie Six albeit ther was ane factor setled be the Lords of Sessione for uplifting therof to the behove of the creditors The which is offered positively to be proven by the tenents or otherwise that he or some in his name did the Same so that these rents were ane Sufficient fond to have alimented ane Sober gentleman for many yeirs and which he Spend in a verie Short tyme And its hoped in Jwstice he will not be indulged to have any Share in this yeirs rent Qwarto esto ther were any aliment dwe by the creditors as is mordicus contended ther is not yet the petitioners the foirsaids tennents cannot be lyable for payment of what they are charged for till the Same be dwe and ita estibur rents are not payable till Candlemise and whitsonday next and yet they are charged instantly to make payment therof as is cleare by the charges therwith produced to ther Lordships And if they are thus wrongouslie charged instantlie to make payment therof as is cleare befor the termes of payment soe they are exorbitantlie charges for greater Soumes then they pay and for money rent wheras most of them pay only victwall From all which it is obviows to ther Lordships how wrongousely they are charged All which pleads for ane Suspensione from ther Lordships And nevertheles for obedience they are content to find and become Cautioners for ilk one another that they Shall make payment of the foirsaids Soumes charged for in caise it be fownd by ther Lordships that they ought Soe to doe And Therfor etc Beseeching ther Lordships that they may have Letters to Sumond the Saids George Drumond and William Rait personallie etc to compear befor ther Lordships at ane certaine day bringing with them the foirsaid pretended Letters and charges and executiones of the Same and haill grownds and warrands therof to be Sein and considered by ther Lordships and to hear and Sie the Samen Suspended and to Suspend and discharge in Commwni forma As the bill of Suspensione at more Lenth bears Which bill of Suspensione being this day called in presence of the Lords of his majesties privie Counsell and the Suspenders Compeareing be Mr Francis Grant advocat who Compeared also for the creditors of Hallgrein And The Laird of Hallgreine and his assigney chargers Compeareing be Mr Roderick McKeinzie Jwnior ther Advocat Bothe pairties Lawiers being fullie heard The saids Lords of his majesties privie Counsell Sustains the reasones of Suspensione And have Suspended and heirby Suspends the Saids Letters and charges raised and execute at the chargers instance against the Saids Suspenders Simpliciter against the saids chargers in all tyme comeing

Att Edinburgh the twentie one day of December Jaj vic nyntie Seven yeirs

D1697/12/91

Decreet

Decreit Suspending the Letters Simpliciter The tennents of Hallgrein Against The Lairdof [Hallgrein]

Anent the bill of Suspensione presented to the Lords of his majesties privie Counsell be Robert Hamptowne in the Maines of Hallgrein Agnes Hendersone in Gowrdown James Dickie ther Thomas Folly in Hillsyde Andrew Stevensone and John Watt ther and others the tennents of Hallgrein Shewing That wher they are lately charged be vertue of Letters of horning raised at the instance of George Drumond keeper of the tollbooth of Edinburgh (assigney efterspecified) by ane pretended act of ther Lordships of the Date the Sixth day of October Last bypast modifieing the Soume of five Hundereth merks to be payed to William Rait of Hallgrein for his aliment and contained in ane pretended assignatione made and granted be the said William Rait of Hallgrein to the said George Drumond of the date the threttein day of the said moneth of October Last by past to make payment to the said George Drumond of the said Soume of five hundereth merks in maner following viz the said Robert Hamptowne of the Soume of Ane hundered punds the said Agnes Hendersone Sixtie Six threttein Shilling four pennies The said James Dickie Seventie punds The Said Thomas Thomas Folly Threttie punds the said Andrew Stevensone Fourtie punds And the said John Watt twentie six pund threttein Shilling four pennies And that within ane certaine Short Space under the paine of rebellione and pwtting of them to the horne most wrongouselie and wnjwstlie Considering it is of veritie that they cannot make payment of the foirsaids Soumes charged for, for the reasones and Causses following First because neither they nor any of the creditors of Hallgrein were cited to the modifieing of the foirsaid aliment But upon applicatione to ther Lordships be ane bill given in be the said William Rait of Hallgrein without any citatione given therupon to them or any of the creditors the said William Rait obtained ane act in his favoures Wheras if the petitioners or the creditors of Hallgrein had bein Summoned they would have Compeared and alleadged Lykeas they now alleadge that ther could be no aliment modified to the said William Rait in soe far as The creditors of Hallgrein are in the actwall possessione of the Lands of Hallgrein by reall rights and ane factor setled be the Lords of Sessione for uplifting of the rents threof for the behove of the creditors And so this being the propertie of the creditors no pairt therof could be given off to Hallgrein for aliment Especiallie Considering that Hallgrein was imprisoned for his misdemainers towards The Lords of Sessione and not at the instance of the creditors And Secundo The said William Rait of Hallgrein his Lady haveing gott the gift of her husbands estate and preferred to all her husbands creditors qwoad fiftein chalders of victwall and wherof She is in peaceable possessione She owght out of this to aliment her own husband Especiallie Seing that this propperly belongs to the creditors Tertio That William Rait of Hallgrein haveing ravished and taken from the tennents by violence the rents of Hallgrein of the cropts Jaj vic nyntie four Jaj vic nyntie five and Jaj vic and nyntie Six albeit ther was ane factor setled be the Lords of Sessione for uplifting therof to the behove of the creditors The which is offered positively to be proven by the tenents or otherwise that he or some in his name did the Same so that these rents were ane Sufficient fond to have alimented ane Sober gentleman for many yeirs and which he Spend in a verie Short tyme And its hoped in Jwstice he will not be indulged to have any Share in this yeirs rent Qwarto esto ther were any aliment dwe by the creditors as is mordicus contended ther is not yet the petitioners the foirsaids tennents cannot be lyable for payment of what they are charged for till the Same be dwe and ita estibur rents are not payable till Candlemise and whitsonday next and yet they are charged instantly to make payment therof as is cleare by the charges therwith produced to ther Lordships And if they are thus wrongouslie charged instantlie to make payment therof as is cleare befor the termes of payment soe they are exorbitantlie charges for greater Soumes then they pay and for money rent wheras most of them pay only victwall From all which it is obviows to ther Lordships how wrongousely they are charged All which pleads for ane Suspensione from ther Lordships And nevertheles for obedience they are content to find and become Cautioners for ilk one another that they Shall make payment of the foirsaids Soumes charged for in caise it be fownd by ther Lordships that they ought Soe to doe And Therfor etc Beseeching ther Lordships that they may have Letters to Sumond the Saids George Drumond and William Rait personallie etc to compear befor ther Lordships at ane certaine day bringing with them the foirsaid pretended Letters and charges and executiones of the Same and haill grownds and warrands therof to be Sein and considered by ther Lordships and to hear and Sie the Samen Suspended and to Suspend and discharge in Commwni forma As the bill of Suspensione at more Lenth bears Which bill of Suspensione being this day called in presence of the Lords of his majesties privie Counsell and the Suspenders Compeareing be Mr Francis Grant advocat who Compeared also for the creditors of Hallgrein And The Laird of Hallgreine and his assigney chargers Compeareing be Mr Roderick McKeinzie Jwnior ther Advocat Bothe pairties Lawiers being fullie heard The saids Lords of his majesties privie Counsell Sustains the reasones of Suspensione And have Suspended and heirby Suspends the Saids Letters and charges raised and execute at the chargers instance against the Saids Suspenders Simpliciter against the saids chargers in all tyme comeing

1. NRS, PC2/27, 62v-64r.

1. NRS, PC2/27, 62v-64r.

Procedure: judicial proceedings, 21 December 1697, Edinburgh

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Att Edinburgh the twentie one day of December Jaj vic nyntie Seven yeirs

D1697/12/81

Procedure: judicial proceedings

Report Laird of Grant in process Paull Against Magistrats of Elgine

The Laird of Grant in name of the Comitie appointed in the process William Paull against the magistrats of Elgine did report that the towne of Elgine have condescended to pass from ther damnadges and expensses craved in ther reconventione against Mr Paull and that they are satisfied that Mr Paull Shall have up his charter which is lying in the clerks of Counsells hands And are content upon Mr Paulls petitione representing and acknowledgeing his misdemaners that Paul Shall have back his burges ticket and be burges Still of the towne of Elgine atleast that he bie admitted burges upon his returne home This being Long Spoke to was at lenth delayed

Att Edinburgh the twentie one day of December Jaj vic nyntie Seven yeirs

D1697/12/81

Procedure: judicial proceedings

Report Laird of Grant in process Paull Against Magistrats of Elgine

The Laird of Grant in name of the Comitie appointed in the process William Paull against the magistrats of Elgine did report that the towne of Elgine have condescended to pass from ther damnadges and expensses craved in ther reconventione against Mr Paull and that they are satisfied that Mr Paull Shall have up his charter which is lying in the clerks of Counsells hands And are content upon Mr Paulls petitione representing and acknowledgeing his misdemaners that Paul Shall have back his burges ticket and be burges Still of the towne of Elgine atleast that he bie admitted burges upon his returne home This being Long Spoke to was at lenth delayed

1. NRS, PC2/27, 62v.

1. NRS, PC2/27, 62v.

Sederunt, 21 December 1697, Edinburgh

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Att Edinburgh the twentie one day of December Jaj vic nyntie Seven yeirs1

D1697/12/72

Sederunt

Lord Chancellor; Earl of Mellvill; Earl of Southerland; Earl of Marr; Earl of Morton; Earl of Lowdowne; Earl of Annandale; Earl of Forffar; Earl of Rwglen; Viscount Tarbat; Lord Raith; Lord Forbes; Lord Carmichael; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Laird of Grant; Laird of Pollock; Laird of Leyes; Laird of Stevensone; Laird of Cessnock; Proveist of Edinburgh

Att Edinburgh the twentie one day of December Jaj vic nyntie Seven yeirs1

D1697/12/72

Sederunt

Lord Chancellor; Earl of Mellvill; Earl of Southerland; Earl of Marr; Earl of Morton; Earl of Lowdowne; Earl of Annandale; Earl of Forffar; Earl of Rwglen; Viscount Tarbat; Lord Raith; Lord Forbes; Lord Carmichael; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Laird of Grant; Laird of Pollock; Laird of Leyes; Laird of Stevensone; Laird of Cessnock; Proveist of Edinburgh

1. NRS, PC2/27, 62r.

2. NRS, PC2/27, 62r.

1. NRS, PC2/27, 62r.

2. NRS, PC2/27, 62r.

Act, 14 December 1697, Edinburgh

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Att Edinburgh the fourtein Day of December Jaj vic nyntie Seven yeirs

D1697/12/61

Act

Act The divinitie Colledge of St Andrews

Anent the petitione given in to The Lords of his majesties privie Cownsell be The maisters of the wniversitie at St Andrews appointed for administrating the affairs of the Divinitie Colledge ther Shewing That wheras his majestie and estates of parliament in the Last Sessione therof granted to the two philosophie Colledges of the said wniversitie and to all the other wniversities in the kingdome a gift of the vaccand Stipends of Swch churches as are wnder ther patronage And ther being non then to appeare for the said divinitie Colledge in petitioneing the parliament for the lyke gift to the great Loss and detriment ther of which defect ther Lordships can now Supplie And therfore humbly craveing ther Lordships to grant the said colledge of divinitie the vaccant Stipends of Conveth Craig and Tyningham wherof they are partons and that for the cropt and yeir of God Jaj vic nyntie Seven yeirs And that for repaireing the fabrick and wther wses of the said colledge As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Counsell They doe heirby allow the vaccand Stipends of the paroch kirks of Conveth Craig and Tyningham wherof the divinitie colledge of St Andrews is patron for this present cropt and yeir of God Jaj vic nyntie Seven (2The twentie merks payable by act of parliament to the minister preaching at these kirks being first payed out therof to be imployed for repaireing the fabrick and other wses of the said colledge And nominats and appoints Thomas Rankeillor Late baillie to The Countess of Weemes to be factor for uplifting and ingathering of the saids vaccand Stipends And ordains him to be readiely answered obeyed and payed of the saids yeirs vaccand Stipend of the saids kirks by the heretors fewers wodsetters Liferenters titullars tacksemen of teinds tennents possessors and others lyable in payment of the same And ordains Letters of horneing on fiftein dayes and others neidfull under the Signet of Cownsell to be direct heiron at the saids factors instance against the heretors and others foirsaids lyable in payment of the said yeirs vaccand Stipend (The said twentie merks being first payed out therof to the ministers preaching at the said Kirks) upon productione of a decreit of Localitie and if ther be non ordaines the heretors and others foirsaids lyable in payment of the saids Stipends to make payment of ther respective proportiones of the Same according as they shall be decerned by the Judge ordinarie In respect the said factor hes Beffor extracting heirof given bond and found Sufficient Cautione acted in the books of privie Counsell that he shall apply the saids vaccand Stipends of the saids kirks for the ends and wses foirsaids

Att Edinburgh the fourtein Day of December Jaj vic nyntie Seven yeirs

D1697/12/61

Act

Act The divinitie Colledge of St Andrews

Anent the petitione given in to The Lords of his majesties privie Cownsell be The maisters of the wniversitie at St Andrews appointed for administrating the affairs of the Divinitie Colledge ther Shewing That wheras his majestie and estates of parliament in the Last Sessione therof granted to the two philosophie Colledges of the said wniversitie and to all the other wniversities in the kingdome a gift of the vaccand Stipends of Swch churches as are wnder ther patronage And ther being non then to appeare for the said divinitie Colledge in petitioneing the parliament for the lyke gift to the great Loss and detriment ther of which defect ther Lordships can now Supplie And therfore humbly craveing ther Lordships to grant the said colledge of divinitie the vaccant Stipends of Conveth Craig and Tyningham wherof they are partons and that for the cropt and yeir of God Jaj vic nyntie Seven yeirs And that for repaireing the fabrick and wther wses of the said colledge As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Counsell They doe heirby allow the vaccand Stipends of the paroch kirks of Conveth Craig and Tyningham wherof the divinitie colledge of St Andrews is patron for this present cropt and yeir of God Jaj vic nyntie Seven (2The twentie merks payable by act of parliament to the minister preaching at these kirks being first payed out therof to be imployed for repaireing the fabrick and other wses of the said colledge And nominats and appoints Thomas Rankeillor Late baillie to The Countess of Weemes to be factor for uplifting and ingathering of the saids vaccand Stipends And ordains him to be readiely answered obeyed and payed of the saids yeirs vaccand Stipend of the saids kirks by the heretors fewers wodsetters Liferenters titullars tacksemen of teinds tennents possessors and others lyable in payment of the same And ordains Letters of horneing on fiftein dayes and others neidfull under the Signet of Cownsell to be direct heiron at the saids factors instance against the heretors and others foirsaids lyable in payment of the said yeirs vaccand Stipend (The said twentie merks being first payed out therof to the ministers preaching at the said Kirks) upon productione of a decreit of Localitie and if ther be non ordaines the heretors and others foirsaids lyable in payment of the saids Stipends to make payment of ther respective proportiones of the Same according as they shall be decerned by the Judge ordinarie In respect the said factor hes Beffor extracting heirof given bond and found Sufficient Cautione acted in the books of privie Counsell that he shall apply the saids vaccand Stipends of the saids kirks for the ends and wses foirsaids

1. NRS, PC2/27, 61v-62r.

2. Closing bracket missing.

1. NRS, PC2/27, 61v-62r.

2. Closing bracket missing.