Tag Archives: decreta

Sederunt, 5 August 1697 (pm), Edinburgh

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Att Edinburgh the Fiffth of Auwgust Jaj vic nyntie seven yeirs postmeridiem1

D1697/8/62

Sederunt

Lord Chancellor; Earl of Argyll; Earl of Southerland; Earl of Marr; Earl of Morton; Earl of Lauderdale; Earl of Lowdowne; Earl of Leven; Earl of Annandale; Earl of Forffar; Earl of Ruglen; Viscount Tarbat; Lord Forbes; Lord Belhaven; Lord Carmichael; Lord Secretarie Ogilvie; Lord Advocat; Lord Justice Clerk; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomery; Laird of Pollock; Laird of Blackbarrony; Proveist of Edinburgh; Laird of Kelburne; Sir Patrick Murray

Att Edinburgh the Fiffth of Auwgust Jaj vic nyntie seven yeirs postmeridiem1

D1697/8/62

Sederunt

Lord Chancellor; Earl of Argyll; Earl of Southerland; Earl of Marr; Earl of Morton; Earl of Lauderdale; Earl of Lowdowne; Earl of Leven; Earl of Annandale; Earl of Forffar; Earl of Ruglen; Viscount Tarbat; Lord Forbes; Lord Belhaven; Lord Carmichael; Lord Secretarie Ogilvie; Lord Advocat; Lord Justice Clerk; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomery; Laird of Pollock; Laird of Blackbarrony; Proveist of Edinburgh; Laird of Kelburne; Sir Patrick Murray

1. NRS, PC2/27, 30r.

2. NRS, PC2/27, 30r.

1. NRS, PC2/27, 30r.

2. NRS, PC2/27, 30r.

Act, 5 August 1697, Edinburgh

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Att Edinburgh the Fifth day of Augwst Jaj vic nyntie Seven yeirs Ante meridiem

D1697/8/51

Act

Act dischargeing any applicatione be The Countess of Callander Against The Earle of Linlithgow

The Lords of his majesties privie Cownsell Doe heirby discharge ther Clerks to accept or receave in or present to The Councell or any of ther Lordships number any bill of Suspensione at The Cowntess of Callenders instance against The Earle of Linlithgow for Suspending The Earles Decreit of aliment pronunced by The Cownsell against the said Countess or any petitione or other Stopp whatsomever to the said decreit or executione therof untill the first Cowncell Day in December next to come And that in respect the said Cowntess haveing given in a petitione which The Earle was appointed to Sie and answer And therefter haveing given in a bill of Suspensione of the Decreit of aliment She hes taken both up againe efter The Earle hes given in ansuers to them both

Att Edinburgh the Fifth day of Augwst Jaj vic nyntie Seven yeirs Ante meridiem

D1697/8/51

Act

Act dischargeing any applicatione be The Countess of Callander Against The Earle of Linlithgow

The Lords of his majesties privie Cownsell Doe heirby discharge ther Clerks to accept or receave in or present to The Councell or any of ther Lordships number any bill of Suspensione at The Cowntess of Callenders instance against The Earle of Linlithgow for Suspending The Earles Decreit of aliment pronunced by The Cownsell against the said Countess or any petitione or other Stopp whatsomever to the said decreit or executione therof untill the first Cowncell Day in December next to come And that in respect the said Cowntess haveing given in a petitione which The Earle was appointed to Sie and answer And therefter haveing given in a bill of Suspensione of the Decreit of aliment She hes taken both up againe efter The Earle hes given in ansuers to them both

1. NRS, PC2/27, 30r.

1. NRS, PC2/27, 30r.

Decreet, 5 August 1697, Edinburgh

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Att Edinburgh the Fifth day of Augwst Jaj vic nyntie Seven yeirs Ante meridiem

D1697/8/41

Decreet

Decreit Earle of Ruglen Against Lady Innergelly

Anent The lybell raised and persewed at the instance of John Earle of Rwglen before The Lords of privie Counsell with Concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater wnderwritten Makeing Mentione That wheras be the Lawes of this and all well governed nationes the entering into and possessing of any persones house by force and violence without order of Law Especiallie when the same is done wnder cloud and silence of night is a manifest ryot and a cryme of a high nature and severlie pwnishable yet nevertheles It is of veritie that […] Elleis Lady Innergellie and […] Lwinksden of Innergellie her husband for his interest John and Agnes Harpers in Elliestowne hes presumed to Committ and is gwiltie of the foirsaid cryme and ryot In so farr as the said Lady Innergellie accompanied with the saids John and Agnes Harpers and Severall others to the number of Eight or nyn persones ther accomplices Came upon the twentie Second of Jwllie instant to the Complainers house of Elliestoune under clowd of night being about twelve a cloake at night And the doors of the house being closs and Lockt and they haveing brought with them Ledders they Scaled the house and violentlie broke open the windows and entered in by the windows and possessed themselvs of the house and then broke open the doors and still violently and unjustly detains the house yeards and inclosures and browght a number of beasts and putt in, in the yeard and incloswres and distroyed all the said Complainers grass that he was keeping for hay Off which high and manifest ryot the said Lady Innergellie John and Agnes Harpers are gwiltie as actors airt and pairt And they owght not only to be Summarly removed owt of the said house from the yeards and inclosures that the said Complainer may be repossest of the Samen and to be lyable to him in the Soume of […] for his damnadges But they owght to be severely and examplarly pwnished in ther persones and goods to the terror of others to Commit the lyke herefter And Anent the charge given to the saids defenders to have Compeared personallie befoir ther Lordships at ane certaine day now bygone to have answered to the grownds of the above Complaint And to have heard and Sein Swch order and Course taken theranent As the saids Lords Should think fitt wnder the paine of rebellion etc As the saids Lybell or Letters of complaint and executiones therof more fullie proports Which lybell being upon the third of Augwst instant called in presence of the saids Lords of privie Cownsell And the said Earle of Rwglen Compeareing personallie with Sir Patrick Home his advocat And the said […] Lwmbsdean of Innergellie for his interest and John and Agnes Harpers thrie of the defenders Compeareing also personallie And the said […] Elleris Lady Innergellie being Laufullie cited oft tymes called and not Compeareing The Lybell being Read the saids Lords of privie Cownsell granted certificatione against the said Lady Innergellie in respect of her absence and not compeareance And ordained Letters of Denunceatione to be direct against her and assoillzed her said husband from the haill points and articles of the said lybell and desyre of the persewar Craved therby in soe far as the Samen concerns or may be extended against him personallie And the saids Lords appointed the Shirreff principall of the Shyre of Linlithgow within which The Lands and house of Eleistowne Lyes and his deputs to eject and cast owt the said […] Elleis Lady Innergellie and her servants planishing and beasts owt of the possessione of the Same And the Saids Lords admitted the lybell to probatione against the said Agnes and John Harpers And the wittnesses being present and haveing made faith at the barr The saids Lords nominated a Comitie of their own number for exmaineing of the saids wittnesses And the said Countie haveing accordinglie mett They examined diverse and sundrie famous wittnesses who being all solemnly sworne and interrogat deponed as ther oathes and depositiones extant in processes bears And the saids Lords haveing this day advysed the said proces and haveing considered the depositiones of the wittnesses therin they find the lybell sufficientlie proven against the sadi Agnes and John Harpers and have decerned and ordained And heirby decernes and ordaines The Shireff principall of the Shirriffdome of Linlithgow and his depwts within which the house and Lands of Elleistowne lyes to eject remove and cast owt the said […] Elleis Lady Innergellie and her servants planishing and beasts out of the possessione of the houses of Elleistowne yeards and inclosures therof and the said Agnes and John Harpers furth and from the said house of Elleistowne and ther goods and beasts from the parks and yeards of Elleistowne and to Leave the Samen void and red and to reenter the said Earle of Rwglen persewar to the possession of the said house of Elleistowne parks yeards pairts and pertinents therof as he possesst the Samen before the ryot or violent intrustione lybelled was Committed and decernes and ordaines the saids Agnes and John Harpers two of the Saids defenders Conjunctllie and Severallie to make payment to the said Earle of Rwglen persewer of the Soume of Ane Hundered punds Scotts as coast Skaith and damnadge Sustained by him throwgh the said Agnes and John Harpers And ordaines The Shirreff of Linlithgow or his deputs or the macers of Cownsell and messengers at armes to seek search take and apprehend the said Agnes and John Harpers wherever they may be apprehended and Commit them prisoners to the next prisone ther to remaine ay and whill they make payment of the said Fyne And ordaines Letters of horneing to be direct on fiftein dayes wnder the Signet of Counsell for ejecting of the Lady Innergellie and Agnes and John Harpers and against the said Agnes and John Harpers

Att Edinburgh the Fifth day of Augwst Jaj vic nyntie Seven yeirs Ante meridiem

D1697/8/41

Decreet

Decreit Earle of Ruglen Against Lady Innergelly

Anent The lybell raised and persewed at the instance of John Earle of Rwglen before The Lords of privie Counsell with Concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater wnderwritten Makeing Mentione That wheras be the Lawes of this and all well governed nationes the entering into and possessing of any persones house by force and violence without order of Law Especiallie when the same is done wnder cloud and silence of night is a manifest ryot and a cryme of a high nature and severlie pwnishable yet nevertheles It is of veritie that […] Elleis Lady Innergellie and […] Lwinksden of Innergellie her husband for his interest John and Agnes Harpers in Elliestowne hes presumed to Committ and is gwiltie of the foirsaid cryme and ryot In so farr as the said Lady Innergellie accompanied with the saids John and Agnes Harpers and Severall others to the number of Eight or nyn persones ther accomplices Came upon the twentie Second of Jwllie instant to the Complainers house of Elliestoune under clowd of night being about twelve a cloake at night And the doors of the house being closs and Lockt and they haveing brought with them Ledders they Scaled the house and violentlie broke open the windows and entered in by the windows and possessed themselvs of the house and then broke open the doors and still violently and unjustly detains the house yeards and inclosures and browght a number of beasts and putt in, in the yeard and incloswres and distroyed all the said Complainers grass that he was keeping for hay Off which high and manifest ryot the said Lady Innergellie John and Agnes Harpers are gwiltie as actors airt and pairt And they owght not only to be Summarly removed owt of the said house from the yeards and inclosures that the said Complainer may be repossest of the Samen and to be lyable to him in the Soume of […] for his damnadges But they owght to be severely and examplarly pwnished in ther persones and goods to the terror of others to Commit the lyke herefter And Anent the charge given to the saids defenders to have Compeared personallie befoir ther Lordships at ane certaine day now bygone to have answered to the grownds of the above Complaint And to have heard and Sein Swch order and Course taken theranent As the saids Lords Should think fitt wnder the paine of rebellion etc As the saids Lybell or Letters of complaint and executiones therof more fullie proports Which lybell being upon the third of Augwst instant called in presence of the saids Lords of privie Cownsell And the said Earle of Rwglen Compeareing personallie with Sir Patrick Home his advocat And the said […] Lwmbsdean of Innergellie for his interest and John and Agnes Harpers thrie of the defenders Compeareing also personallie And the said […] Elleris Lady Innergellie being Laufullie cited oft tymes called and not Compeareing The Lybell being Read the saids Lords of privie Cownsell granted certificatione against the said Lady Innergellie in respect of her absence and not compeareance And ordained Letters of Denunceatione to be direct against her and assoillzed her said husband from the haill points and articles of the said lybell and desyre of the persewar Craved therby in soe far as the Samen concerns or may be extended against him personallie And the saids Lords appointed the Shirreff principall of the Shyre of Linlithgow within which The Lands and house of Eleistowne Lyes and his deputs to eject and cast owt the said […] Elleis Lady Innergellie and her servants planishing and beasts owt of the possessione of the Same And the Saids Lords admitted the lybell to probatione against the said Agnes and John Harpers And the wittnesses being present and haveing made faith at the barr The saids Lords nominated a Comitie of their own number for exmaineing of the saids wittnesses And the said Countie haveing accordinglie mett They examined diverse and sundrie famous wittnesses who being all solemnly sworne and interrogat deponed as ther oathes and depositiones extant in processes bears And the saids Lords haveing this day advysed the said proces and haveing considered the depositiones of the wittnesses therin they find the lybell sufficientlie proven against the sadi Agnes and John Harpers and have decerned and ordained And heirby decernes and ordaines The Shireff principall of the Shirriffdome of Linlithgow and his depwts within which the house and Lands of Elleistowne lyes to eject remove and cast owt the said […] Elleis Lady Innergellie and her servants planishing and beasts out of the possessione of the houses of Elleistowne yeards and inclosures therof and the said Agnes and John Harpers furth and from the said house of Elleistowne and ther goods and beasts from the parks and yeards of Elleistowne and to Leave the Samen void and red and to reenter the said Earle of Rwglen persewar to the possession of the said house of Elleistowne parks yeards pairts and pertinents therof as he possesst the Samen before the ryot or violent intrustione lybelled was Committed and decernes and ordaines the saids Agnes and John Harpers two of the Saids defenders Conjunctllie and Severallie to make payment to the said Earle of Rwglen persewer of the Soume of Ane Hundered punds Scotts as coast Skaith and damnadge Sustained by him throwgh the said Agnes and John Harpers And ordaines The Shirreff of Linlithgow or his deputs or the macers of Cownsell and messengers at armes to seek search take and apprehend the said Agnes and John Harpers wherever they may be apprehended and Commit them prisoners to the next prisone ther to remaine ay and whill they make payment of the said Fyne And ordaines Letters of horneing to be direct on fiftein dayes wnder the Signet of Counsell for ejecting of the Lady Innergellie and Agnes and John Harpers and against the said Agnes and John Harpers

1. NRS, PC2/27, 28r-30r.

1. NRS, PC2/27, 28r-30r.

Sederunt, 5 August 1697, Edinburgh

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Att Edinburgh the Fifth day of Augwst Jaj vic nyntie Seven yeirs Ante meridiem1

D1697/8/32

Sederunt

Lord Chancellor; Duke of Qweensberry; Earl of Argyll; Earl of Southerland; Earl of Marr; Earl of Morton; Earl of Bwchan; Earl of Strathmore; Earl of Lowdowne; Earl of Leven; Earl of Annandale; Earl of Forffar; Earl of Kintore; Earl of Rwglen; Viscount Tarbat; Lord Forbes; Lord Belhaven; Lord Carmichael; Lord Secretary Ogilvie; Lord Advocat; Lord Justice Clerk; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomry; Laird of Pollock; Laird of Blackbarrony; Laird of Kellburne; Sir Patrick Murray

Att Edinburgh the Fifth day of Augwst Jaj vic nyntie Seven yeirs Ante meridiem1

D1697/8/32

Sederunt

Lord Chancellor; Duke of Qweensberry; Earl of Argyll; Earl of Southerland; Earl of Marr; Earl of Morton; Earl of Bwchan; Earl of Strathmore; Earl of Lowdowne; Earl of Leven; Earl of Annandale; Earl of Forffar; Earl of Kintore; Earl of Rwglen; Viscount Tarbat; Lord Forbes; Lord Belhaven; Lord Carmichael; Lord Secretary Ogilvie; Lord Advocat; Lord Justice Clerk; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomry; Laird of Pollock; Laird of Blackbarrony; Laird of Kellburne; Sir Patrick Murray

1. NRS, PC2/27, 28r.

2. NRS, PC2/27, 28r.

1. NRS, PC2/27, 28r.

2. NRS, PC2/27, 28r.

Decreet, 3 August 1697, Edinburgh

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Att Edinburgh the third day of Augwst Jaj vic nyntie seven years

D1697/8/21

Decreet

[Decreet and Judgement Samuel Maxwell and others]

Anent the lybell or Letters of complaint raised and persewed before the Lords of his majesties privie Counsell at the instance of John Mcqween in Awchingurne and Thomas Mckay in Whitehill with Concurse of Sir James Stewart his majesties Advocat for his highnes interest in the mater under written Making Mentione That wher by the Lawes and acts of parliament of this and all other well governed kingdomes and nations the violent robbing Spwillzeing and away takeing of mens goods and gear without any warrand or patent in Law whatsoemever And also the violent away takeing therof Are crymes Severely pwnishable Especiallie wher the Same Is Done by persones in power and trwst wnder ws and whose Dwetie it is to defend the Leidges from all Swch oppressiones And against whom poor and mean people can expect no redress without applicatione to the Lords of our privie Cownsell or other Supream Judicatories Nevertheles It is of veritie that Samwell Maxwell of Newlaw James Lidderdale of Saint Mary Isk Andrew Corsand of Ballnagan Thomas Alexander in Comiestowne John Greirsone of Dallskarth John Ewart of Mullock and Edward Cairnes of Torr Commissioners of the Supplie within the Stewartrie of Kirkcudbright contraire to all Law and pretence therto or without soe much as ordaineing the said Complainer to be cited before them did give ane warrand and Commissione to pound away take and Dispose upon […] Goods upon the pretence as is informed that Charles Murray of Barnhorne maister of the Complainer had bein Cawtioner for the deceast William Maxwell of Newlaw and John Mcknawght writer in Drumfreise Collectors of our Supply and in prosecutione of the foirsaid most wnjust and wicked order and Commissione Serjeant William Willsone and Serjeant Andrew Rutherfurd in Kirkcudbright with a great many of ther accomplices by ther order advice assistance and ratihabitione being holdin in a hostile maner with gwns swards pistolls and other invasive weapons did upone one or other of the dayes of May Last the first Second or one or other of the dayes of Jwne instant most maisterfullie and wrongfullie seaze upon and by force Dryve ane ox and ane milk Cow worth threttie Six pund per peice and dispose therupon at ther pleasure the milk of which Cow was the greatest mean and help of Liveliehood for alimenting and mentaineing of the said Complainers Self his wife and five childerine that are yowng and throw want therof they are almost at the point of Starveing And Therfore the saids Commissioners of Supplie and Serjeants Willsone and Rutherfurd ought and Should be decerned to pay to the said Complainer the Soume of Ane Thowsand merks for the price of the said ox and Cow and the Dammadge that he and his poor familie his Sustained throw want therof And otherwayes pwnished in ther persones and goods to the example and terror of others to doe the lyke in tyme comeing And Anent the charge given to the saids defenders to have Compeared personallie befoir the saids Lords of privie Counsell at ane certane day now by past to have answered to the grownds of the above Complaint And to have heared and Sein Such order and Course taken theranent As the saids Lords Should think fitt wnder the paine of rebellione etc As in the principall lybell or Letters of Complaint with the executiones therof at more Lenth is contained Which lybell being upon the threttein day of Jwllie Last by past called in presence of The Saids Lords of privie Counsell And the said John Mcqween ane of the persewars Compeareing personallie with Mr David Dowglas his Advocat and Thomas Mckay the other persewar being oft tymes called and not Compeareing And the said John Greirsone of Dalscarth one of the defenders Compeareing personallie with Mr Alexander Fergwsone his advocat And the haill remanent defenders being all Laufullie cited oft tymes called and not Compeareing The saids Lords granted certificatione against the said Samwell Maxwell of Newlaw Andrew Corsane of Ballmangon Thomas Alexander in Comiestowne John Eward of Mwllock and Edward Cairnes of Torr And ordained Letters of Denunciatione to be directed against them And the wittnesses being all Laufullie cited oft tymes called and not Compeareing The saids Lords granted furder dilligence by Captione against them And appointed a Comitie of ther own number for examineing the saids wittnesses And in the mean tyme ordained the pairtie (if any were) qwartered upon the saids persewars instantly to remove and that without payment of any qwartering money or rideing money untill the event of this process Which Comitie haveing accordinglie met and examined diverse and sundrie famows witnesses who being all solemnlie sworne and examined deponed and Declaired As ther oathes and depositiones extant inprocess bears And the said process being this day advised by the saids Lords And they haveing Considered the lybell with the depositiones of the wittnesses Addwced and writes prodwced for proveing therof They heirby find the lybell Sufficiently proven And decernes and ordains Samwell Maxwell of Newtowne Andrew Corsane of Ballmangone Thomas Alexander in Comiestowne John Greirsone of Dalscarth John Ewart of Mwllock and Edward Cairns of Torr to make payment to John Mcqween persewar of the Sowme of Fifftein punds for the price of the Cow lybelled and of Ten punds for the price of the ox lybelled And to make payment to the said John Mcqween of the Sowme of Two Hundereth punds Scotts by and attour the prices of the beasts for coast Skaith and damnadge Sustained by him in this affaire And ordaines Letters of horneing on fiftein dayes wnder the Signet of Counsell to be direct heirupon in forme as effeirs

Att Edinburgh the third day of Augwst Jaj vic nyntie seven years

D1697/8/21

Decreet

[Decreet and Judgement Samuel Maxwell and others]

Anent the lybell or Letters of complaint raised and persewed before the Lords of his majesties privie Counsell at the instance of John Mcqween in Awchingurne and Thomas Mckay in Whitehill with Concurse of Sir James Stewart his majesties Advocat for his highnes interest in the mater under written Making Mentione That wher by the Lawes and acts of parliament of this and all other well governed kingdomes and nations the violent robbing Spwillzeing and away takeing of mens goods and gear without any warrand or patent in Law whatsoemever And also the violent away takeing therof Are crymes Severely pwnishable Especiallie wher the Same Is Done by persones in power and trwst wnder ws and whose Dwetie it is to defend the Leidges from all Swch oppressiones And against whom poor and mean people can expect no redress without applicatione to the Lords of our privie Cownsell or other Supream Judicatories Nevertheles It is of veritie that Samwell Maxwell of Newlaw James Lidderdale of Saint Mary Isk Andrew Corsand of Ballnagan Thomas Alexander in Comiestowne John Greirsone of Dallskarth John Ewart of Mullock and Edward Cairnes of Torr Commissioners of the Supplie within the Stewartrie of Kirkcudbright contraire to all Law and pretence therto or without soe much as ordaineing the said Complainer to be cited before them did give ane warrand and Commissione to pound away take and Dispose upon […] Goods upon the pretence as is informed that Charles Murray of Barnhorne maister of the Complainer had bein Cawtioner for the deceast William Maxwell of Newlaw and John Mcknawght writer in Drumfreise Collectors of our Supply and in prosecutione of the foirsaid most wnjust and wicked order and Commissione Serjeant William Willsone and Serjeant Andrew Rutherfurd in Kirkcudbright with a great many of ther accomplices by ther order advice assistance and ratihabitione being holdin in a hostile maner with gwns swards pistolls and other invasive weapons did upone one or other of the dayes of May Last the first Second or one or other of the dayes of Jwne instant most maisterfullie and wrongfullie seaze upon and by force Dryve ane ox and ane milk Cow worth threttie Six pund per peice and dispose therupon at ther pleasure the milk of which Cow was the greatest mean and help of Liveliehood for alimenting and mentaineing of the said Complainers Self his wife and five childerine that are yowng and throw want therof they are almost at the point of Starveing And Therfore the saids Commissioners of Supplie and Serjeants Willsone and Rutherfurd ought and Should be decerned to pay to the said Complainer the Soume of Ane Thowsand merks for the price of the said ox and Cow and the Dammadge that he and his poor familie his Sustained throw want therof And otherwayes pwnished in ther persones and goods to the example and terror of others to doe the lyke in tyme comeing And Anent the charge given to the saids defenders to have Compeared personallie befoir the saids Lords of privie Counsell at ane certane day now by past to have answered to the grownds of the above Complaint And to have heared and Sein Such order and Course taken theranent As the saids Lords Should think fitt wnder the paine of rebellione etc As in the principall lybell or Letters of Complaint with the executiones therof at more Lenth is contained Which lybell being upon the threttein day of Jwllie Last by past called in presence of The Saids Lords of privie Counsell And the said John Mcqween ane of the persewars Compeareing personallie with Mr David Dowglas his Advocat and Thomas Mckay the other persewar being oft tymes called and not Compeareing And the said John Greirsone of Dalscarth one of the defenders Compeareing personallie with Mr Alexander Fergwsone his advocat And the haill remanent defenders being all Laufullie cited oft tymes called and not Compeareing The saids Lords granted certificatione against the said Samwell Maxwell of Newlaw Andrew Corsane of Ballmangon Thomas Alexander in Comiestowne John Eward of Mwllock and Edward Cairnes of Torr And ordained Letters of Denunciatione to be directed against them And the wittnesses being all Laufullie cited oft tymes called and not Compeareing The saids Lords granted furder dilligence by Captione against them And appointed a Comitie of ther own number for examineing the saids wittnesses And in the mean tyme ordained the pairtie (if any were) qwartered upon the saids persewars instantly to remove and that without payment of any qwartering money or rideing money untill the event of this process Which Comitie haveing accordinglie met and examined diverse and sundrie famows witnesses who being all solemnlie sworne and examined deponed and Declaired As ther oathes and depositiones extant inprocess bears And the said process being this day advised by the saids Lords And they haveing Considered the lybell with the depositiones of the wittnesses Addwced and writes prodwced for proveing therof They heirby find the lybell Sufficiently proven And decernes and ordains Samwell Maxwell of Newtowne Andrew Corsane of Ballmangone Thomas Alexander in Comiestowne John Greirsone of Dalscarth John Ewart of Mwllock and Edward Cairns of Torr to make payment to John Mcqween persewar of the Sowme of Fifftein punds for the price of the Cow lybelled and of Ten punds for the price of the ox lybelled And to make payment to the said John Mcqween of the Sowme of Two Hundereth punds Scotts by and attour the prices of the beasts for coast Skaith and damnadge Sustained by him in this affaire And ordaines Letters of horneing on fiftein dayes wnder the Signet of Counsell to be direct heirupon in forme as effeirs

1. NRS, PC2/27, 26r-28r.

1. NRS, PC2/27, 26r-28r.

Sederunt, 3 August 1697, Edinburgh

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Att Edinburgh the third day of Augwst Jaj vic nyntie seven years1

D1697/8/12

Sederunt

Lord Chancellor; Duke of Queensberry; Earl of Twlliebardine; Earl of Argyle; Earl of Southerland; Earl of Marr; Earl of Morton; Earl of Bwchan; Earl of Strathmore; Earl of Lauderdale; Earl of Lowdowne; Earl of Leven; Earl of Forfar; Earl of Ruglen; Viscount Tarbat; Lord Raith; Lord Forbes; Lord Belhaven; Lord Carmichael; Lord Secretary Ogilvie; Lord Justice Clerk; Lord Hallcraig; Lord Anstruther; Mr Fra: Montgomery; Laird of Pollock; Laird of Blackbarrony; Laird of Leyes; Laird of Cessnock; Laird of Kelburne

Att Edinburgh the third day of Augwst Jaj vic nyntie seven years1

D1697/8/12

Sederunt

Lord Chancellor; Duke of Queensberry; Earl of Twlliebardine; Earl of Argyle; Earl of Southerland; Earl of Marr; Earl of Morton; Earl of Bwchan; Earl of Strathmore; Earl of Lauderdale; Earl of Lowdowne; Earl of Leven; Earl of Forfar; Earl of Ruglen; Viscount Tarbat; Lord Raith; Lord Forbes; Lord Belhaven; Lord Carmichael; Lord Secretary Ogilvie; Lord Justice Clerk; Lord Hallcraig; Lord Anstruther; Mr Fra: Montgomery; Laird of Pollock; Laird of Blackbarrony; Laird of Leyes; Laird of Cessnock; Laird of Kelburne

1. NRS, PC2/27, 26r.

2. NRS, PC2/27, 26r.

1. NRS, PC2/27, 26r.

2. NRS, PC2/27, 26r.

Act, 29 July 1697, Edinburgh

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Att Edinburgh the twentie nynth day of Jwllie Jaj vic nyntie seven yeirs

D1697/7/311

Act

[Stipend to factor in Decreit Gordone]

The Councell allowed Eightie two merks of Stipend in Decreit Gordone and Laird of Wdney the twentie seventh of Jullie instant to be payed to Burntbear as factor And the same was added to the interloquitor

Att Edinburgh the twentie nynth day of Jwllie Jaj vic nyntie seven yeirs

D1697/7/311

Act

[Stipend to factor in Decreit Gordone]

The Councell allowed Eightie two merks of Stipend in Decreit Gordone and Laird of Wdney the twentie seventh of Jullie instant to be payed to Burntbear as factor And the same was added to the interloquitor

1. NRS, PC2/27, 26r.

1. NRS, PC2/27, 26r.

Act, 29 July 1697, Edinburgh

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Att Edinburgh the twentie nynth day of Jwllie Jaj vic nyntie seven yeirs

D1697/7/301

Act

Act Cranstowne and Bridge for a Contributione

Anent the petitione given in to The Lords of his majesties privie Cownsell be William Cranstowne and David Bridge Fewars in Lwgtowne of Dalkeith for themselvs and in name of ther tennents Shewing That wher upon weddensday the twentie ane of Jwllie instant ther happened a sudden and accidentall fire By which within the space of Ane houre (the wind blowing high) the petitioners tenements and houses with ther whole goods household Stwff and planishing and the goods and geir of seven tennents and coatters were intirely bwrnt and (wherby the Saids houses and goods being the only meane of the petitioners Liveliehood and Subsistance) They ther wives and families are altogither rwined and redacted to beggarie and Starveing And in the caise of soe fatall a misfortowne and so miderable ane accident It being most Jwst and wswall for The Lords of The privie Counsell to grant recomendatione to the charitie and benevolence of piows and well disposed christeans to be collected at the paroch churches or otherwise within Such bounds and precincts as the Sadnes and merit of the Callamitie Doeth requyre And therfore Humbly craveing to the effect eftermentioned As the said petitione bears The saids Lords of his majesties privie Counsell haveing considered the above petitione They Doe heirby recomend the petitioners to the charitie and benvolence of all piows and compassionat Christeans within the severall paroches and presbetries of the Synods of Lothian and Tweedale and allowed a volwntar contributione to be collected at the paroch churches within the bownds forsaids or otherwayes as the petitioners shall think fitt And recomends to the ministers of the severall churches to cause make intimatione of the said collectione upon the Sabath day befor it shall be collected As the petitioners and ministers shall accord

Att Edinburgh the twentie nynth day of Jwllie Jaj vic nyntie seven yeirs

D1697/7/301

Act

Act Cranstowne and Bridge for a Contributione

Anent the petitione given in to The Lords of his majesties privie Cownsell be William Cranstowne and David Bridge Fewars in Lwgtowne of Dalkeith for themselvs and in name of ther tennents Shewing That wher upon weddensday the twentie ane of Jwllie instant ther happened a sudden and accidentall fire By which within the space of Ane houre (the wind blowing high) the petitioners tenements and houses with ther whole goods household Stwff and planishing and the goods and geir of seven tennents and coatters were intirely bwrnt and (wherby the Saids houses and goods being the only meane of the petitioners Liveliehood and Subsistance) They ther wives and families are altogither rwined and redacted to beggarie and Starveing And in the caise of soe fatall a misfortowne and so miderable ane accident It being most Jwst and wswall for The Lords of The privie Counsell to grant recomendatione to the charitie and benevolence of piows and well disposed christeans to be collected at the paroch churches or otherwise within Such bounds and precincts as the Sadnes and merit of the Callamitie Doeth requyre And therfore Humbly craveing to the effect eftermentioned As the said petitione bears The saids Lords of his majesties privie Counsell haveing considered the above petitione They Doe heirby recomend the petitioners to the charitie and benvolence of all piows and compassionat Christeans within the severall paroches and presbetries of the Synods of Lothian and Tweedale and allowed a volwntar contributione to be collected at the paroch churches within the bownds forsaids or otherwayes as the petitioners shall think fitt And recomends to the ministers of the severall churches to cause make intimatione of the said collectione upon the Sabath day befor it shall be collected As the petitioners and ministers shall accord

1. NRS, PC2/27, 25v-26r.

1. NRS, PC2/27, 25v-26r.

Act, 29 July 1697, Edinburgh

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Att Edinburgh the twentie nynth day of Jwllie Jaj vic nyntie seven yeirs

D1697/7/291

Act

Act James Brown

Anent the petitione given in to the Lords of his majesties privie Cownsell be James Browne son to Patrick Browne tennent to Sir Alexander Forbes of Tolqwhon Shewing That wher the petitioner being in the tollbwith of Edinburgh in Jwllie Jaj vic and nyntie six at the instance of The Laird of Foverane be vertwe of ther Lordships Sentence and decreit ay and whill he made payment to him of Six Hundereth merks of fyne and cleared his accompts with him and banished the petitioner furth of the Shyre of Aberdeen dureing ther Lordships pleasure And the petitioner haveing presented a bill of Suspensione of the foirsaid Decreit to ther Lordships in Febrwary Last And by ther Lordships Jwstice and Commisseratione to his deplorable and destitute state in prisone for seven moneths the petitioner obtained his bill of Suspensione past and expede But ther Lordships Did nether Suspend nor remit the Sentance of banishment from the Shyre of Abredein The petitioner therfor most humbly begs Leave to represent to ther Lordships that he is readie and als willing as he is to Live to cleare his accompts with Foveraigne in obedience to ther Lordships decerintor theranent But this will be impossible to the poor petitioner wnles ther Lordships allow him to goe and waite upon Foverane for that effect for he will not be at the trouble to attend Such ane Small affaire in ane other place then his own residence and wher the petitioner Can have of the best Genlemen2 in the Cowntrie for his mediators and might have ther Service if his banishment were taken off whatever Foverane may pretend But that being a barr not only to his receptione but alsoe to his necessar subsistance The petitioner cannot but become miserable in a verie Short tyme wnles ther Lordships Jwstice and clemency take off his banishment from the said shyre within which all the meanes of Subsistance the petitioner can Look for lyes the petitioner also humblie remynds ther Lordships of the State of his caise that he proved a pairt of his lybell And that the only grownd ther Lordships walked in fyneing imprisoneing and banishing was upon the depositiones of Some of Foveranes own servants alleadgeing the petitioner altered and firlot wheras if ther Lordships would allow the petitioner ane Commission he could make it appeare by the Couper maker of the firlot and others of the Same occupatione that all he did make the firlot neither mor nor Less The petitioner hes both befoir and Since his Liberatione from prisone made all the Submissions to Foverane that Could move his or any mans pity towards the petitioners destitut and deplorable conditione that intended Not his wtter rwine which evidently appears Foverane Does if their Lordships Jwstice and clemencie prevent it not The petitioner went likewayes of Late als near to Foveranes residence as he could adventure and caused offer to compt and reckon and cleare all his intromissiones he allwayes allouing the petitioner inspectione of his accompts which he refwised and gave these he sent or caused interceed for him nothing but hectering minaceing Langwadge As the instrwments therwith produced hes instrwcted And when that faillzed the petitioner was forced to raise exhibitione of his accompts and compt and reckning befoir the Lords of Sessione Seing nothing els could obleidge him to exhibite his accompts or compt and reckon with the petitioner As the Summonds of exhibitione and compt and reckning therwith prodwced hes instrwcted Soe that ther Lordships may perceave the petitioner hes omitted nothing incumbent for him to give Foverane Satisfactione and faire compt and reckning But Foverane being maister of all that the petitioner hes in the world And finding his compt and reckning Cannot come in to be debate for a Long tyme And knowing that the petitioner hes nothing to prosecute the samen And that his banishment deprives him of all meanes of Subsistance he declynes to compt and reckon to the petitioner wheras if he had access to his papers and accompts he would be able to vindicat himself to ther Lordships and cleare his accompts with Foverane the petitioner being allowed Libertie to goe about his affairs as a frieman And therfore humblie craveing ther Lordships to take off the petitioners banishment and to grant him Libertie to repaire to the Shyre of Aberdeen for cleareing his accompts with Foveran wher the petitioner can have the benefite of severall gentlemens assistance (whom he cannot obleidge to attend at a distance) And to ordaine Foverane to allow the petitioner the wse of his wrytes for makeing up his accompts which he seized and tooke from ther petitioner at least to recomend for the Lords of Sessione to discwss his exhibitione and complaind reckning Summarlie And if it please ther Lordships to grant Commissione to any persone ther Lordships Shall appoint to examine the Cowpar who made the firlot and others who knowed and wnderstands measures whither all the alteratione the petitioner is alleadged to have made on it could make it more or Less and whither Foverane does not both take in and give out his Victwall with that Same firlot to this day As also to ordaine Foverane to delyver up to the petitioner his cloaths which can be of now wse to him and wherof the petitioner is in great want through his Long imprisonment which if Foverane oppose ther Lordships will soon perceave who is in the wrong and what Foveranes designe is As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Counsell And answers made therto for the Laird of Foverane They heirby Suspend the Sentance of Banishment pronunced against the petitioner Simpliciter upon him till the first day of November nixt to come to the effect he may repaire to the Shyre of Aberdeen and allowes him to repaire to the Same and to cleare his accompts with the Laird of Foverane at Sight or before the Shirreff principall of Aberdeen and his deputs betuixt and the said first day of november next And therefter declaires the Sentance of banishment to recurr and Stand in full force against him as at the pronunceing therof and as the samen had never being Suspended And that Foveran affoord him transcrupts of his own books and papers for that effect and exhibite the principalls to the Shirreff or his deputs at any tyme when requyred dureing the Said Space

Att Edinburgh the twentie nynth day of Jwllie Jaj vic nyntie seven yeirs

D1697/7/291

Act

Act James Brown

Anent the petitione given in to the Lords of his majesties privie Cownsell be James Browne son to Patrick Browne tennent to Sir Alexander Forbes of Tolqwhon Shewing That wher the petitioner being in the tollbwith of Edinburgh in Jwllie Jaj vic and nyntie six at the instance of The Laird of Foverane be vertwe of ther Lordships Sentence and decreit ay and whill he made payment to him of Six Hundereth merks of fyne and cleared his accompts with him and banished the petitioner furth of the Shyre of Aberdeen dureing ther Lordships pleasure And the petitioner haveing presented a bill of Suspensione of the foirsaid Decreit to ther Lordships in Febrwary Last And by ther Lordships Jwstice and Commisseratione to his deplorable and destitute state in prisone for seven moneths the petitioner obtained his bill of Suspensione past and expede But ther Lordships Did nether Suspend nor remit the Sentance of banishment from the Shyre of Abredein The petitioner therfor most humbly begs Leave to represent to ther Lordships that he is readie and als willing as he is to Live to cleare his accompts with Foveraigne in obedience to ther Lordships decerintor theranent But this will be impossible to the poor petitioner wnles ther Lordships allow him to goe and waite upon Foverane for that effect for he will not be at the trouble to attend Such ane Small affaire in ane other place then his own residence and wher the petitioner Can have of the best Genlemen2 in the Cowntrie for his mediators and might have ther Service if his banishment were taken off whatever Foverane may pretend But that being a barr not only to his receptione but alsoe to his necessar subsistance The petitioner cannot but become miserable in a verie Short tyme wnles ther Lordships Jwstice and clemency take off his banishment from the said shyre within which all the meanes of Subsistance the petitioner can Look for lyes the petitioner also humblie remynds ther Lordships of the State of his caise that he proved a pairt of his lybell And that the only grownd ther Lordships walked in fyneing imprisoneing and banishing was upon the depositiones of Some of Foveranes own servants alleadgeing the petitioner altered and firlot wheras if ther Lordships would allow the petitioner ane Commission he could make it appeare by the Couper maker of the firlot and others of the Same occupatione that all he did make the firlot neither mor nor Less The petitioner hes both befoir and Since his Liberatione from prisone made all the Submissions to Foverane that Could move his or any mans pity towards the petitioners destitut and deplorable conditione that intended Not his wtter rwine which evidently appears Foverane Does if their Lordships Jwstice and clemencie prevent it not The petitioner went likewayes of Late als near to Foveranes residence as he could adventure and caused offer to compt and reckon and cleare all his intromissiones he allwayes allouing the petitioner inspectione of his accompts which he refwised and gave these he sent or caused interceed for him nothing but hectering minaceing Langwadge As the instrwments therwith produced hes instrwcted And when that faillzed the petitioner was forced to raise exhibitione of his accompts and compt and reckning befoir the Lords of Sessione Seing nothing els could obleidge him to exhibite his accompts or compt and reckon with the petitioner As the Summonds of exhibitione and compt and reckning therwith prodwced hes instrwcted Soe that ther Lordships may perceave the petitioner hes omitted nothing incumbent for him to give Foverane Satisfactione and faire compt and reckning But Foverane being maister of all that the petitioner hes in the world And finding his compt and reckning Cannot come in to be debate for a Long tyme And knowing that the petitioner hes nothing to prosecute the samen And that his banishment deprives him of all meanes of Subsistance he declynes to compt and reckon to the petitioner wheras if he had access to his papers and accompts he would be able to vindicat himself to ther Lordships and cleare his accompts with Foverane the petitioner being allowed Libertie to goe about his affairs as a frieman And therfore humblie craveing ther Lordships to take off the petitioners banishment and to grant him Libertie to repaire to the Shyre of Aberdeen for cleareing his accompts with Foveran wher the petitioner can have the benefite of severall gentlemens assistance (whom he cannot obleidge to attend at a distance) And to ordaine Foverane to allow the petitioner the wse of his wrytes for makeing up his accompts which he seized and tooke from ther petitioner at least to recomend for the Lords of Sessione to discwss his exhibitione and complaind reckning Summarlie And if it please ther Lordships to grant Commissione to any persone ther Lordships Shall appoint to examine the Cowpar who made the firlot and others who knowed and wnderstands measures whither all the alteratione the petitioner is alleadged to have made on it could make it more or Less and whither Foverane does not both take in and give out his Victwall with that Same firlot to this day As also to ordaine Foverane to delyver up to the petitioner his cloaths which can be of now wse to him and wherof the petitioner is in great want through his Long imprisonment which if Foverane oppose ther Lordships will soon perceave who is in the wrong and what Foveranes designe is As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Counsell And answers made therto for the Laird of Foverane They heirby Suspend the Sentance of Banishment pronunced against the petitioner Simpliciter upon him till the first day of November nixt to come to the effect he may repaire to the Shyre of Aberdeen and allowes him to repaire to the Same and to cleare his accompts with the Laird of Foverane at Sight or before the Shirreff principall of Aberdeen and his deputs betuixt and the said first day of november next And therefter declaires the Sentance of banishment to recurr and Stand in full force against him as at the pronunceing therof and as the samen had never being Suspended And that Foveran affoord him transcrupts of his own books and papers for that effect and exhibite the principalls to the Shirreff or his deputs at any tyme when requyred dureing the Said Space

1. NRS, PC2/27, 23v-25v.

2. Sic.

1. NRS, PC2/27, 23v-25v.

2. Sic.

Procedure, 29 July 1697, Edinburgh

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Att Edinburgh the twentie nynth day of Jwllie Jaj vic nyntie seven yeirs

D1697/7/281

Procedure

Recomendatione to The Lord Advocat to write to Shirreff of Forffar Anent James Smith

The Lords of his majesties privie Cownsell doe heirby recomend to Sir James Stewart his majesties Advocat to write to the Shireff principall of the Shyre of Forffar or his deputs requyreing the Shirreff deput to take precognitione anent William Smith his killing of a child at Dwndie or if he had any accessione to the death of the said child And to send over the precogntione to Edinburgh when taken to The Lord Advocat

Att Edinburgh the twentie nynth day of Jwllie Jaj vic nyntie seven yeirs

D1697/7/281

Procedure

Recomendatione to The Lord Advocat to write to Shirreff of Forffar Anent James Smith

The Lords of his majesties privie Cownsell doe heirby recomend to Sir James Stewart his majesties Advocat to write to the Shireff principall of the Shyre of Forffar or his deputs requyreing the Shirreff deput to take precognitione anent William Smith his killing of a child at Dwndie or if he had any accessione to the death of the said child And to send over the precogntione to Edinburgh when taken to The Lord Advocat

1. NRS, PC2/27, 23v.

1. NRS, PC2/27, 23v.