Tag Archives: decreta

Sederunt, 11 November 1697, Edinburgh

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Att Edinburgh the Eleventh day of November Jaj vic nyntie Seven yeirs1

D1697/11/12

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Morton; Earl of Lawderdale; Earl of Leven; Earl of Rwglen; Viscount Tarbat; Lord Raith; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Fountainhall; Lord Anstruther; Lord Rankeillor; Laird of Grant; Laird of Leyes; Laird of Stevensone; Proveist of Edinburgh; Sir Patrick Murray

Att Edinburgh the Eleventh day of November Jaj vic nyntie Seven yeirs1

D1697/11/12

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Morton; Earl of Lawderdale; Earl of Leven; Earl of Rwglen; Viscount Tarbat; Lord Raith; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Fountainhall; Lord Anstruther; Lord Rankeillor; Laird of Grant; Laird of Leyes; Laird of Stevensone; Proveist of Edinburgh; Sir Patrick Murray

1. NRS, PC2/27, 44r.

2. NRS, PC2/27, 44r.

1. NRS, PC2/27, 44r.

2. NRS, PC2/27, 44r.

Order, 8 September 1697, Edinburgh

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Att Edinburgh the Eight day of September Jaj vic nyntie seven yeirs

D1697/9/81

Order

Anent Letter the maister of Cathcart at desyre of Commissioners of the Shyre of Air

The Counsell haveing considered a Letter Direct from the maister of Cathcart at desyre of Commissioners of Supplie within the Shyre of Air To The Lord High Chancellor They heirby appoint the said Maister of Cathcart to Signifie by a Letter wnder his hand the names of the persones that the Shyre would have appointed in the Severall Jwrisdictiones of Kyll Carrick and Cwninghame Specified in the said Letter And to retwrne the Same against the next meeting of Cowncell which is upon the fifth day of October next ensweing

Att Edinburgh the Eight day of September Jaj vic nyntie seven yeirs

D1697/9/81

Order

Anent Letter the maister of Cathcart at desyre of Commissioners of the Shyre of Air

The Counsell haveing considered a Letter Direct from the maister of Cathcart at desyre of Commissioners of Supplie within the Shyre of Air To The Lord High Chancellor They heirby appoint the said Maister of Cathcart to Signifie by a Letter wnder his hand the names of the persones that the Shyre would have appointed in the Severall Jwrisdictiones of Kyll Carrick and Cwninghame Specified in the said Letter And to retwrne the Same against the next meeting of Cowncell which is upon the fifth day of October next ensweing

1. NRS, PC2/27, 41v.

1. NRS, PC2/27, 41v.

Act, 8 September 1697, Edinburgh

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Att Edinburgh the Eight day of September Jaj vic nyntie seven yeirs

D1697/9/71

Act

Act Earle of Kincardine

Anent The petitione given in to The Lords of his majesties privie Counsell be Alexander Earle of Kincardin Shewing That wher Some yeirs agoe upon applicatione made to ther Lordships by the petitioner And the Countess of Kincardine his mother the charter chist of the deceast Earle of Kincardine his father was ordered to be putt in the custodie of the clerks of privie Counsell that it might ther remaine in securitie from any imbazlement of the rights And seing severall of the tennents of the estate of Kincardine are presentlie persewed befor the regalitie Court of Dumferleing and other inferior Courts at the instance of severall persones Some pretending right to the teinds and others to the rents And that the Saids perswtes cannot be defended wnles the originall rights which the petitioners said deceast father had to the saids Lands and teinds be gott up to defend in the foirsaids actiones And therfore humbly Craveing to the effect efter mentioned As the said petitione bears The saids Lords of his majesties privie Counsell haveing considered the above petitione And that the Creditors of the estate of Kincardin have given in no answers therto albeit they were allowed to sie and ansuer the same Togither with the inventar of the wrytes and parliaments which the Earle Craves up They heirby allow ther Clerks of Counsell to deliver to the said Alexander Earle of Kincardine the haill wrytes and evidents Contained in the foirsaid inventar at sight of The Earle of Bwchan and the Lord Justice Clerk And that upon Swch obligatione and Security as ther Lordships Shall be Satisfied with That The Earle Shall restore and redeliver the wrytes borroued And that against Such a day or tyme As the Saids Lords Shall think fitt to appoint And allowes any of the creditors to be present

Att Edinburgh the Eight day of September Jaj vic nyntie seven yeirs

D1697/9/71

Act

Act Earle of Kincardine

Anent The petitione given in to The Lords of his majesties privie Counsell be Alexander Earle of Kincardin Shewing That wher Some yeirs agoe upon applicatione made to ther Lordships by the petitioner And the Countess of Kincardine his mother the charter chist of the deceast Earle of Kincardine his father was ordered to be putt in the custodie of the clerks of privie Counsell that it might ther remaine in securitie from any imbazlement of the rights And seing severall of the tennents of the estate of Kincardine are presentlie persewed befor the regalitie Court of Dumferleing and other inferior Courts at the instance of severall persones Some pretending right to the teinds and others to the rents And that the Saids perswtes cannot be defended wnles the originall rights which the petitioners said deceast father had to the saids Lands and teinds be gott up to defend in the foirsaids actiones And therfore humbly Craveing to the effect efter mentioned As the said petitione bears The saids Lords of his majesties privie Counsell haveing considered the above petitione And that the Creditors of the estate of Kincardin have given in no answers therto albeit they were allowed to sie and ansuer the same Togither with the inventar of the wrytes and parliaments which the Earle Craves up They heirby allow ther Clerks of Counsell to deliver to the said Alexander Earle of Kincardine the haill wrytes and evidents Contained in the foirsaid inventar at sight of The Earle of Bwchan and the Lord Justice Clerk And that upon Swch obligatione and Security as ther Lordships Shall be Satisfied with That The Earle Shall restore and redeliver the wrytes borroued And that against Such a day or tyme As the Saids Lords Shall think fitt to appoint And allowes any of the creditors to be present

1. NRS, PC2/27, 41r-41v.

1. NRS, PC2/27, 41r-41v.

Act, 8 September 1697, Edinburgh

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Att Edinburgh the Eight day of September Jaj vic nyntie seven yeirs

D1697/9/61

Act

Act Margaret Traill relict of James Scott of Bristo

Anent the petitione given in to The Lords of his majesties privie Counsell be Margaret Traill relict of James Scott of Bristo Shewing That wher her husband at his decease in May Jaj vic nyntie one Left the petitioner Eleven childrein all wnprovided And that by her contract of mariadge and his disposition in implement therof He disponed to the petitioner in liferent his Lands of Orchardfeild and Bristo And yet by reasone of Some incumberances which both he and the petitioner hoped might be purged She never gott the possessione of her said Jointure And now her Son and his fathers appearand Air haveing raised a Sumonds of Sale of his fathers whole Lands and estate The Same are now Seqwestrat by the Lords and a factor appointed to intrometted wherby the petitioner is qwite excluded And Seing that besydes her own destitut conditione She has also her said fatherles childrein to mentaine and edwcat And that in Swch caices ther Lordships are in wse to ordaine ane aliment in the mean tyme Speciallie wher the petitioner is hopefwll That by the Sale of the Lands the creditors may be clared and ane overplus remaine And therfore humbly craveing to the effect eftermentioned As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Cownsell They in respect of the wrytes prodwced And that ther is no ansuer given in to the petitione Doe heirby modifie and allow the Soume of Ane Thowsand merks Scotts to be payed to the petitioner upon her own recept as ane yeirlie aliment for herself and her childrein And that qwarterlie begining the first qwarters payment therof at the terme of Mertimes next to come for the qwarter preceeding and the other qwarters to be at the termes of Candlemiss Whitsonday and Lambmes next to come And decernes and ordaines the tennents and possessors of the Lands of Orchardfeild and Bristo which belonged to the petitioners deceast husband and Alexander Cwninghame writer in Edinbwrgh factor foirsaid appointed by The Lords of Sessione for uplifting the rents of the saids Lands to make payment and Satisfactione to the said petitioner of the said aliment at the termes foirsaids And ordaines Letters of horneing on fiftein dayes and others neidfull to be direct heiron under the Signot of Counsell in forme as effeirs

Att Edinburgh the Eight day of September Jaj vic nyntie seven yeirs

D1697/9/61

Act

Act Margaret Traill relict of James Scott of Bristo

Anent the petitione given in to The Lords of his majesties privie Counsell be Margaret Traill relict of James Scott of Bristo Shewing That wher her husband at his decease in May Jaj vic nyntie one Left the petitioner Eleven childrein all wnprovided And that by her contract of mariadge and his disposition in implement therof He disponed to the petitioner in liferent his Lands of Orchardfeild and Bristo And yet by reasone of Some incumberances which both he and the petitioner hoped might be purged She never gott the possessione of her said Jointure And now her Son and his fathers appearand Air haveing raised a Sumonds of Sale of his fathers whole Lands and estate The Same are now Seqwestrat by the Lords and a factor appointed to intrometted wherby the petitioner is qwite excluded And Seing that besydes her own destitut conditione She has also her said fatherles childrein to mentaine and edwcat And that in Swch caices ther Lordships are in wse to ordaine ane aliment in the mean tyme Speciallie wher the petitioner is hopefwll That by the Sale of the Lands the creditors may be clared and ane overplus remaine And therfore humbly craveing to the effect eftermentioned As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Cownsell They in respect of the wrytes prodwced And that ther is no ansuer given in to the petitione Doe heirby modifie and allow the Soume of Ane Thowsand merks Scotts to be payed to the petitioner upon her own recept as ane yeirlie aliment for herself and her childrein And that qwarterlie begining the first qwarters payment therof at the terme of Mertimes next to come for the qwarter preceeding and the other qwarters to be at the termes of Candlemiss Whitsonday and Lambmes next to come And decernes and ordaines the tennents and possessors of the Lands of Orchardfeild and Bristo which belonged to the petitioners deceast husband and Alexander Cwninghame writer in Edinbwrgh factor foirsaid appointed by The Lords of Sessione for uplifting the rents of the saids Lands to make payment and Satisfactione to the said petitioner of the said aliment at the termes foirsaids And ordaines Letters of horneing on fiftein dayes and others neidfull to be direct heiron under the Signot of Counsell in forme as effeirs

1. NRS, PC2/27, 40v-41r.

1. NRS, PC2/27, 40v-41r.

Procedure, 8 September 1697, Edinburgh

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Att Edinburgh the Eight day of September Jaj vic nyntie seven yeirs

D1697/9/51

Procedure

Duke of Gordones Comitie to be Subscribed

The Councell appoints the Comitie nominat upon the tenth day of Augwst Last anent the Thrie Hundereth punds Sterleing agried by the Dwke of Gordone to be payed for bringing home his dwtches to Scotland to be extended and Subscribed of the former daite for the haill five Hundereth pund Sterleing which was done accordingly

Att Edinburgh the Eight day of September Jaj vic nyntie seven yeirs

D1697/9/51

Procedure

Duke of Gordones Comitie to be Subscribed

The Councell appoints the Comitie nominat upon the tenth day of Augwst Last anent the Thrie Hundereth punds Sterleing agried by the Dwke of Gordone to be payed for bringing home his dwtches to Scotland to be extended and Subscribed of the former daite for the haill five Hundereth pund Sterleing which was done accordingly

1. NRS, PC2/27, 40r-40v.

1. NRS, PC2/27, 40r-40v.

Sederunt, 8 September 1697, Edinburgh

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Att Edinburgh the Eight day of September Jaj vic nyntie seven yeirs1

D1697/9/42

Sederunt

Lord Chancellor; Earl of Mellvill; Earl of Sutherland; Earl of Bwchan; Earl of Leven; Earl of Annandale; Earl of Rwglen; Lord Ross; Lord Advocat; Lord Justice Clerk; Lord Fountainhall; Laird of Blackbarrony; Laird of Cessnock; Sir Patrick Murray

Att Edinburgh the Eight day of September Jaj vic nyntie seven yeirs1

D1697/9/42

Sederunt

Lord Chancellor; Earl of Mellvill; Earl of Sutherland; Earl of Bwchan; Earl of Leven; Earl of Annandale; Earl of Rwglen; Lord Ross; Lord Advocat; Lord Justice Clerk; Lord Fountainhall; Laird of Blackbarrony; Laird of Cessnock; Sir Patrick Murray

1. NRS, PC2/27, 40r.

2. NRS, PC2/27, 40r.

1. NRS, PC2/27, 40r.

2. NRS, PC2/27, 40r.

Act, 7 September 1697, Edinburgh

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Att Edinburgh the Seventh day of September Jaj vic nyntie Seven years

D1697/9/31

Act

Act Laird of Culloden

Anent the petitione given in to the Lords of his majesties privie Counsell be Dwncan Forbess of Culloden Shewing that the Kingdome being by the act of parliament Jaj vic and Sixtie thrie Lyable to a militia of twentie Thowsand foot and two thowsand horse which is proportioned upon the severall Districts Conforme to the tenor of the said act In which proportioneing The Commissioners for the District of The Earle of Seaforth and Lord Lovatt benorth Ness haveing Laird bwrden upon the petitioners Lands of Ferrintosh as lying Locallie within ther divisione with which also it was in wse to contribute in all former Leveyes And the Shyre of Nairne Clameing that the Same Lands doe belong to ther Divisione as being a pendicle of that Shirreffship althowgh they be farr separat from Nairne by ane interjected Sea and many myles of Land Yet hath the said Shyre of Nairne layed a proportione of ther burden upon the petitioners saids Lands also Throwgh which Strife betuixt the two districts the petitioners Lands are allwayes in hazard of qwartering or pounding for the deficiencie of Nairne Notwithstanding that he and his saids Lands have never been deficient of any pairt of aither militia Leveyes or recrwites to this present houre haveing all wayes payed the Same to the district of Seaforth and Lovatt As the recepts and discharges under the hands of the respective Commanders and officers of foot and horse who uplifted the Same therwith prodwced doeth testifie And Since It is impossible the petitioners Lands can belong to both the districts at oure And that he can only be lyable in once and Single payment And therfore humbly craveing ther Lordships to Suspend all orders of qwartering given or to be given by the Commissioners of the Shyre and district of Nairne ay and while it be determined by ther Lordships which of the two have best right to the petitioners Lands And in the mean tyme authorize the petitioner to continue his payment Sicwt ante untill it be otherwayes determined by Law As the Said petitione bears The saids Lords of his majesties privie Cownsell haveing Considered the above petitione with the discharges mentioned therin and prodwced therwith They heirby allow the Commissioners for the Shyre of Nairne to sie and answer the Same against the first Counsell day in November next to come And in the mean tyme Discharges the Commissioners of the said Shyre and district of Nairne to qwarter upon the petitioner or his tennents or Lands untill it be determined by ther Lordships who have best right and allowes the petitioner to continwe his payment Sicut ante untill it be otherwayes determined

Att Edinburgh the Seventh day of September Jaj vic nyntie Seven years

D1697/9/31

Act

Act Laird of Culloden

Anent the petitione given in to the Lords of his majesties privie Counsell be Dwncan Forbess of Culloden Shewing that the Kingdome being by the act of parliament Jaj vic and Sixtie thrie Lyable to a militia of twentie Thowsand foot and two thowsand horse which is proportioned upon the severall Districts Conforme to the tenor of the said act In which proportioneing The Commissioners for the District of The Earle of Seaforth and Lord Lovatt benorth Ness haveing Laird bwrden upon the petitioners Lands of Ferrintosh as lying Locallie within ther divisione with which also it was in wse to contribute in all former Leveyes And the Shyre of Nairne Clameing that the Same Lands doe belong to ther Divisione as being a pendicle of that Shirreffship althowgh they be farr separat from Nairne by ane interjected Sea and many myles of Land Yet hath the said Shyre of Nairne layed a proportione of ther burden upon the petitioners saids Lands also Throwgh which Strife betuixt the two districts the petitioners Lands are allwayes in hazard of qwartering or pounding for the deficiencie of Nairne Notwithstanding that he and his saids Lands have never been deficient of any pairt of aither militia Leveyes or recrwites to this present houre haveing all wayes payed the Same to the district of Seaforth and Lovatt As the recepts and discharges under the hands of the respective Commanders and officers of foot and horse who uplifted the Same therwith prodwced doeth testifie And Since It is impossible the petitioners Lands can belong to both the districts at oure And that he can only be lyable in once and Single payment And therfore humbly craveing ther Lordships to Suspend all orders of qwartering given or to be given by the Commissioners of the Shyre and district of Nairne ay and while it be determined by ther Lordships which of the two have best right to the petitioners Lands And in the mean tyme authorize the petitioner to continue his payment Sicwt ante untill it be otherwayes determined by Law As the Said petitione bears The saids Lords of his majesties privie Cownsell haveing Considered the above petitione with the discharges mentioned therin and prodwced therwith They heirby allow the Commissioners for the Shyre of Nairne to sie and answer the Same against the first Counsell day in November next to come And in the mean tyme Discharges the Commissioners of the said Shyre and district of Nairne to qwarter upon the petitioner or his tennents or Lands untill it be determined by ther Lordships who have best right and allowes the petitioner to continwe his payment Sicut ante untill it be otherwayes determined

1. NRS, PC2/27, 39v-40r.

1. NRS, PC2/27, 39v-40r.

Procedure, 7 September 1697, Edinburgh

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Att Edinburgh the Seventh day of September Jaj vic nyntie Seven years

D1697/9/21

Procedure

Representation Troupe of gwairds Remitted to the Thesaurie

The Lords of his majesties privie Cownsell haveing heard a representatione given in to them be the officers and Gentlemen of his majesties troupe of gwairds Read in ther presence They without Considering therof have remitted and heirby remitts the same to The Lords Commissioners of his majesties thesaurie to be considered and determined in be them As ther Lordships shall find Just

Att Edinburgh the Seventh day of September Jaj vic nyntie Seven years

D1697/9/21

Procedure

Representation Troupe of gwairds Remitted to the Thesaurie

The Lords of his majesties privie Cownsell haveing heard a representatione given in to them be the officers and Gentlemen of his majesties troupe of gwairds Read in ther presence They without Considering therof have remitted and heirby remitts the same to The Lords Commissioners of his majesties thesaurie to be considered and determined in be them As ther Lordships shall find Just

1. NRS, PC2/27, 39r.

1. NRS, PC2/27, 39r.

Sederunt, 7 September 1697, Edinburgh

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Att Edinburgh the Seventh day of September Jaj vic nyntie Seven years1

D1697/9/12

Sederunt

Lord Chancillor; Earl of Melvill; Earl of Sutherland; Earl of Bwchan; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Rutherglen; Lord Belhaven; Lord Advocat; Lord Justice Clerk; Lord Fountainhall; Laird of Blackbarrony; Laird of Stevensone; Laird of Cessnock; Provost of Edinburgh; Sir Patrick Murray

Att Edinburgh the Seventh day of September Jaj vic nyntie Seven years1

D1697/9/12

Sederunt

Lord Chancillor; Earl of Melvill; Earl of Sutherland; Earl of Bwchan; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Rutherglen; Lord Belhaven; Lord Advocat; Lord Justice Clerk; Lord Fountainhall; Laird of Blackbarrony; Laird of Stevensone; Laird of Cessnock; Provost of Edinburgh; Sir Patrick Murray

1. NRS, PC2/27, 39r.

2. NRS, PC2/27, 39r.

1. NRS, PC2/27, 39r.

2. NRS, PC2/27, 39r.

Decreet, 10 August 1697, Edinburgh

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Att Edinburgh the Tenth day of Augwst Jaj vic nyntie Seven yeirs

D1697/8/171

Decreet

Interloquitor Dwke and Dutches of Gordon

The petitione The Dwtches of Gordon wherupon ther is a deliberance of the fifth of August instant being this day red againe and ane additionall petitione for the said Dutches and a petitione By the Dwke of Gordone by way of answer therto being all this day red in presence of The Lords of his majesties privie Cownsell And the advocats for both pairties being called Compeared Sir Patrick Home as Advocat for the said Dwke of Gordone And Sucklyke Compeared Sir James Stewart his majesties advocat as Advocats for the Dwtches And the saids Lords haveing at Lenth heard both pairties Lawuers They heirby Stopp the forsaid interloquitor pronunced by them upon the said fifth of Augwst instant and discharges the bookeing or extracting therof And remitts the point of aliment to be insisted in and discust before The Lords of Cownsell and Sessione upon and according to the process depending befor ther Lordships at the instance of the said Dwtches

Att Edinburgh the Tenth day of Augwst Jaj vic nyntie Seven yeirs

D1697/8/171

Decreet

Interloquitor Dwke and Dutches of Gordon

The petitione The Dwtches of Gordon wherupon ther is a deliberance of the fifth of August instant being this day red againe and ane additionall petitione for the said Dutches and a petitione By the Dwke of Gordone by way of answer therto being all this day red in presence of The Lords of his majesties privie Cownsell And the advocats for both pairties being called Compeared Sir Patrick Home as Advocat for the said Dwke of Gordone And Sucklyke Compeared Sir James Stewart his majesties advocat as Advocats for the Dwtches And the saids Lords haveing at Lenth heard both pairties Lawuers They heirby Stopp the forsaid interloquitor pronunced by them upon the said fifth of Augwst instant and discharges the bookeing or extracting therof And remitts the point of aliment to be insisted in and discust before The Lords of Cownsell and Sessione upon and according to the process depending befor ther Lordships at the instance of the said Dwtches

1. NRS, PC2/27, 38v-39r.

1. NRS, PC2/27, 38v-39r.