Tag Archives: February

Act, 27 February 1705, Edinburgh

Posted on by

Edinburgh 27th February 1705

D1705/2/121

Act

Act in favours of the Lady Bredisholme younger

Anent the petition given in and presented to the Lords of her Majesties privie Councill, By Rose Muirhead Lady Braidisholme younger, Humbly Shewing, That where her Deceast Husband did apply to their Lordships, representing the hard Circumstances, his Fathers unkyndness had brought him under, and the Claims he had to his Fathers Estate, both because of the naturall duty to provyde for him and his Children, and because of his said Fathers promise, befor and since his marriage, and also in respect of a Disposition made of the estate of Breaddisholme, made to himselfe in fee, To all which was added, That his said Father made him lay out considerable Soumes upon a second Brother, and after all had called her said Husband and her to this Kingdome with hopes of a better Intertainment, Upon which grounds the said James Muirhead of Bredisholme elder being conveened, and all pains taken to procure justice at his hands, without the necessitie of a Sentence, but in vain, Their Lordships did in conclusion remitt such actions as her said Husband had againest his said Father to be discust Summarly befor the Lords of Session, And in the mean tyme Modified Fyftie pound sterling Which their Lordships Ordained the said James Muirhead elder to pay to her said Husband, for carrying on the processes, But in a few weeks after the sentence, her Husband overcome with Suffering Contracted a heavie Sickness, wherof he dyed in a few dayes, having beforhand assigned to her, generally all action competent to him, And after his Decease upon ane application in her name as having right in manner forsaid, Their Lordships did must justly transfer the right of the forsaid Summ to her by ane Act and Decreit, But to her great misfortune The said James Muirhead of Bredisholme persisting to harrass her, and her Children, Did give in a bill of Suspension befor the Lords of Session pretending double distresses, Viz: at her instance upon the one pairt, and at the instance of his son in Law, as having arreasted in his hands, upon pretence of some money laid out upon her Husbands funeralls, and of a debt due by her Husband to him, Wherupon he had intended action against her, upon the Second pairt, and at the instance of the apothecary for Drugs to her Husband upon deathbed and about the bodie after his Decease on the third pairt, which Suspension is expede, wherin she plainly perceives, that there was nothing else intended, but to fright and amuse her who is a Stranger, and to depryve her of the means to carry on her proces, for Subsisting her, and her Family, and therby to disapoynt the effect of their Lordships justice and Compassion, These unhappy Circumstances puts her once more, under the necessity to apply to their Lordships, that some thing might be modified for aliment and Subsistance to her, and her Children, in such a maner as might be Secure from Such Dillingence and devises, which She hopes will appear most reasonable when their Lordships Considers her pittifull Condition, her very cloaths being detained for her Husbands Chamber Rent, whilest upon the other hand, her Father in Law, who by all the duties in Law ought to provyded for his Son, and now for her, does not only refuse her Support, but has emendicat the forsaids arreistments, willfully to prevent her insisting, for recovering of her just right, for it is but too obvious, that these pretended Claimes againest her, ought rather to affect Broddisholme himself, Seeing She neither is nor can be ane representative of her Husband, and that the expensses of funeralls, are a duty in nature upon Bredisholme who had depryved his Son of all means of Livlyhood during his Lyftyme, Craving therfore it might please their Lordships to Decern the said James Muirhead of Breadisholme To make payment to her of such aliment, as their Lordships Shall determine, as the said petition bears, Which petition being upno the twentie Second of February Jaj viic and fyve years, Read in presence of the saids Lords, They appoynted and Ordained the Samen to be seen and answered next Councill day by Bredisholme elder peremptorie, Wherunto the said James Muirhead gave in the answers following, The Deceast James Muirhead and Rose Fincham his Spouse did apply to their Lordships for ane aliment upon the head that he was apparent Air, but that appearing to be without the least ground, Shaddow, or pretence in Law, that ane apparent air married portioned and settled out of his Fathers Family could recurr and force the Father to aliment him, they forced to found on this alleadgence, that they had Severall obligatory letters and rights againest Bredisholmes estate, upon which in the mean tyme they Craved ane aliment might be Decerned, as the alleadgance was false in fact, and Calumnious, So their Lordships after advyseing of bill and answers, hearing of pairties procurators, were Convinced that the matter was purely civill, And therfore remitted the same to be discust summarly before the Lords of Session, and in the mean tyme appoynted Fyftie pound Sterling to be payed to him, This Summ being payable at the first of January last, and he dyeing befor the terme of payment upon a petition the same was transformed and Ordained to be payed to his Relict against Candlemess also last, and which Summ being arreisted in Bredishholmes hands, he was necessitat to Suspend for his own Security upon double distress befor the lords of Session, and which Suspension was expeded after two reports in presence, Although their Lordships did remitt the proces of aliment to be discussed befor the Lords of Session Summarly, yet the deceast James Muirhead nor his relict never So much as raised a Summonds for that effect, knowing perfectly their pretence therto to be groundless, And Bredisholme to Shew that they had no right, did raise and execute Summonds of reduction first againest him, and then againest this petitioner, his Relict, and Representatives of all pretended letters, Contracts, or Rights they alleadged they had upon his estate with a speciall Declarator, wherin that the said Bredisholme was nowayes obliedged to aliment them or their Family, upon the relevant grounds therin lybelled, as the Symmonds execute, lybelled, called, and Depending heirwith produced testifies, The Said Rose Finchan (to forbear any of her expressions and carriage to Bredissholme) has presented another bill to their Lordships, which is wholly irregular Craving ane aliment to be Decerned to her, for Seeing their Lordships have alreadie remitted the proces at the instance of her Husband and her, to the Lords of Session, as being a matter purely civill, wherupon there is ane act extracted by them, She ought not to have given their Lordships this trouble, but to have proceeded in the termes of the act, and Remitt, for certainly when their Lordships found that their pretensions to ane aliment were purely Civill, and for that end remitted to the Session, Its certain that his Relicts pretences, which depend on his, must also be only Competent befor the Lords of Session, And therfore its humbly answered to the Lords of privie Councill for Bredisholme, Primo, That he is not in Toun, and therfore he could not be obliedged to answer to a Summar petition, for however favourable actions of aliment are, yet the Law of self Defence prevaills over all, and therfore he cannot be brought into judgment without a lawfull Citation upon a competent tyme, that he may be advertised to Compear, and inform his Lawiers upon proper defences and this pursuer having neglected the remedy appoynted her by their Lordships, She ought not to be anywayes encouradged in this irregular forme, Bredisholme adhearing to the former defence, that he was not lawfully Cited, makes the Second defence againest this irregular petition, that the case of her aliment, as depending upon the pretensions of her Husband, was already remitted upon a full hearing by their Lordships to the Lords of Session, as dipping upon production of Severall missive letters, and other rights, so that her applying again to their Lordships in this irregular Sort is plainly againest ane Interlocutor upon full hearing And the Act extracted by themselves, which cutts her off from pretence of any aliment or Subsistance, befor ane Court by the Lords of Session, to whom their Lordships did remitt the Samen, Tertio It is now his alibi pendens for Bredisholme, that the persuer did not insist befor the Session for any pretended aliment, Notwithstanding of the Act of parliament, which did endue her action with a Summar dispatch, but their Lordships did lykewise Recommend the Same to be Summarly discust by their Remitt, He for freeing himselfe of vexatious uncertain and expensive attendance (wherof hitherto he has had the sad experience) did with regaird to their Lordships remitt, and in the Termes therof raise and execute a lybelled Summonds and Declarator againest her, and the Representatives of her deceast Husband, befor the Lords of Session to hear it Declaired, that She had no right or pretence to ane aliment or Subsistance out of Bredisholmes estate, and it being therby Depending before the Lords, long prior to this application made to their Lordships, it is humbly offered as a Defence, that it must be there discussed, The answers then to the bill are Shortly these, primo That Bredisholme was not the Town, nor lawfully Cited, and therfore cannot be obliedged to answer to a petition wherof he knowes nothing Secundo this very cause was already remitted by their Lordships to the Lords of Session, And therfore it was most preposterous to apply to their Lordships in this maner when the cause was already remitted by them to the Judge Ordinary to whom only they most apply, Tertio, The matter being also made pendent by Bredisholme againest this very persuer upon the Same Claime, by a lybelled Summonds of Declarator, not only lybelled and execute but also tabled, and ane advocat Compearing to take out the proces, as the same dated the nynteenth day of January last testifies, It is humbly hoped and Contended, that the said irregular bill ought to be rejected, and she left to persue any pretensions she has to any aliment or subsistance (which are absolutely calumnious and irregular) befor the Lords of Session, where she shall have ane answer, if she ever intent any such proces, as the said answers bears, The Lords of her Majesties privie Councill having Considered the above petition given in to them, by Rose Muirhead Lady Bredisholme younger, and the samen with answers therto by James Muirhead of Bredisholme elder being read in their presence, The saids Lords Doe heirby Grant to the petitioner the soume of Fyftie pound Sterling for her aliment, and appoynts and Ordains the said James Muirhead of Bredisholme elder to make payment therof to the petitioner accordingly and upon payment appoynts and Ordains the petitioner to Renounce and Discharge all right and Interest that She has or can pretend to the Fyftie pound Sterling granted to her Husband, and the other Fyftie pound Sterling granted to herselfe, and which Fyfty pound Sterling of aliment forsaid, The said Rose Muirhead accepts in full of all aliment she can pretend to from the saids Lords at anie tyme hereafter, and alse the saids Lords Doe heirby Discharge the petitioner to apply to their Lordships for any furder aliment in tyme comeing, But leaves her to persue her other rights via ordinara allenerly befor the Judge competent as accords, and appoynts letters of horning under the Signet of Councill upon Fyfeteen dayes to be direct heirupon in forme as effeirs

Edinburgh 27th February 1705

D1705/2/121

Act

Act in favours of the Lady Bredisholme younger

Anent the petition given in and presented to the Lords of her Majesties privie Councill, By Rose Muirhead Lady Braidisholme younger, Humbly Shewing, That where her Deceast Husband did apply to their Lordships, representing the hard Circumstances, his Fathers unkyndness had brought him under, and the Claims he had to his Fathers Estate, both because of the naturall duty to provyde for him and his Children, and because of his said Fathers promise, befor and since his marriage, and also in respect of a Disposition made of the estate of Breaddisholme, made to himselfe in fee, To all which was added, That his said Father made him lay out considerable Soumes upon a second Brother, and after all had called her said Husband and her to this Kingdome with hopes of a better Intertainment, Upon which grounds the said James Muirhead of Bredisholme elder being conveened, and all pains taken to procure justice at his hands, without the necessitie of a Sentence, but in vain, Their Lordships did in conclusion remitt such actions as her said Husband had againest his said Father to be discust Summarly befor the Lords of Session, And in the mean tyme Modified Fyftie pound sterling Which their Lordships Ordained the said James Muirhead elder to pay to her said Husband, for carrying on the processes, But in a few weeks after the sentence, her Husband overcome with Suffering Contracted a heavie Sickness, wherof he dyed in a few dayes, having beforhand assigned to her, generally all action competent to him, And after his Decease upon ane application in her name as having right in manner forsaid, Their Lordships did must justly transfer the right of the forsaid Summ to her by ane Act and Decreit, But to her great misfortune The said James Muirhead of Bredisholme persisting to harrass her, and her Children, Did give in a bill of Suspension befor the Lords of Session pretending double distresses, Viz: at her instance upon the one pairt, and at the instance of his son in Law, as having arreasted in his hands, upon pretence of some money laid out upon her Husbands funeralls, and of a debt due by her Husband to him, Wherupon he had intended action against her, upon the Second pairt, and at the instance of the apothecary for Drugs to her Husband upon deathbed and about the bodie after his Decease on the third pairt, which Suspension is expede, wherin she plainly perceives, that there was nothing else intended, but to fright and amuse her who is a Stranger, and to depryve her of the means to carry on her proces, for Subsisting her, and her Family, and therby to disapoynt the effect of their Lordships justice and Compassion, These unhappy Circumstances puts her once more, under the necessity to apply to their Lordships, that some thing might be modified for aliment and Subsistance to her, and her Children, in such a maner as might be Secure from Such Dillingence and devises, which She hopes will appear most reasonable when their Lordships Considers her pittifull Condition, her very cloaths being detained for her Husbands Chamber Rent, whilest upon the other hand, her Father in Law, who by all the duties in Law ought to provyded for his Son, and now for her, does not only refuse her Support, but has emendicat the forsaids arreistments, willfully to prevent her insisting, for recovering of her just right, for it is but too obvious, that these pretended Claimes againest her, ought rather to affect Broddisholme himself, Seeing She neither is nor can be ane representative of her Husband, and that the expensses of funeralls, are a duty in nature upon Bredisholme who had depryved his Son of all means of Livlyhood during his Lyftyme, Craving therfore it might please their Lordships to Decern the said James Muirhead of Breadisholme To make payment to her of such aliment, as their Lordships Shall determine, as the said petition bears, Which petition being upno the twentie Second of February Jaj viic and fyve years, Read in presence of the saids Lords, They appoynted and Ordained the Samen to be seen and answered next Councill day by Bredisholme elder peremptorie, Wherunto the said James Muirhead gave in the answers following, The Deceast James Muirhead and Rose Fincham his Spouse did apply to their Lordships for ane aliment upon the head that he was apparent Air, but that appearing to be without the least ground, Shaddow, or pretence in Law, that ane apparent air married portioned and settled out of his Fathers Family could recurr and force the Father to aliment him, they forced to found on this alleadgence, that they had Severall obligatory letters and rights againest Bredisholmes estate, upon which in the mean tyme they Craved ane aliment might be Decerned, as the alleadgance was false in fact, and Calumnious, So their Lordships after advyseing of bill and answers, hearing of pairties procurators, were Convinced that the matter was purely civill, And therfore remitted the same to be discust summarly before the Lords of Session, and in the mean tyme appoynted Fyftie pound Sterling to be payed to him, This Summ being payable at the first of January last, and he dyeing befor the terme of payment upon a petition the same was transformed and Ordained to be payed to his Relict against Candlemess also last, and which Summ being arreisted in Bredishholmes hands, he was necessitat to Suspend for his own Security upon double distress befor the lords of Session, and which Suspension was expeded after two reports in presence, Although their Lordships did remitt the proces of aliment to be discussed befor the Lords of Session Summarly, yet the deceast James Muirhead nor his relict never So much as raised a Summonds for that effect, knowing perfectly their pretence therto to be groundless, And Bredisholme to Shew that they had no right, did raise and execute Summonds of reduction first againest him, and then againest this petitioner, his Relict, and Representatives of all pretended letters, Contracts, or Rights they alleadged they had upon his estate with a speciall Declarator, wherin that the said Bredisholme was nowayes obliedged to aliment them or their Family, upon the relevant grounds therin lybelled, as the Symmonds execute, lybelled, called, and Depending heirwith produced testifies, The Said Rose Finchan (to forbear any of her expressions and carriage to Bredissholme) has presented another bill to their Lordships, which is wholly irregular Craving ane aliment to be Decerned to her, for Seeing their Lordships have alreadie remitted the proces at the instance of her Husband and her, to the Lords of Session, as being a matter purely civill, wherupon there is ane act extracted by them, She ought not to have given their Lordships this trouble, but to have proceeded in the termes of the act, and Remitt, for certainly when their Lordships found that their pretensions to ane aliment were purely Civill, and for that end remitted to the Session, Its certain that his Relicts pretences, which depend on his, must also be only Competent befor the Lords of Session, And therfore its humbly answered to the Lords of privie Councill for Bredisholme, Primo, That he is not in Toun, and therfore he could not be obliedged to answer to a Summar petition, for however favourable actions of aliment are, yet the Law of self Defence prevaills over all, and therfore he cannot be brought into judgment without a lawfull Citation upon a competent tyme, that he may be advertised to Compear, and inform his Lawiers upon proper defences and this pursuer having neglected the remedy appoynted her by their Lordships, She ought not to be anywayes encouradged in this irregular forme, Bredisholme adhearing to the former defence, that he was not lawfully Cited, makes the Second defence againest this irregular petition, that the case of her aliment, as depending upon the pretensions of her Husband, was already remitted upon a full hearing by their Lordships to the Lords of Session, as dipping upon production of Severall missive letters, and other rights, so that her applying again to their Lordships in this irregular Sort is plainly againest ane Interlocutor upon full hearing And the Act extracted by themselves, which cutts her off from pretence of any aliment or Subsistance, befor ane Court by the Lords of Session, to whom their Lordships did remitt the Samen, Tertio It is now his alibi pendens for Bredisholme, that the persuer did not insist befor the Session for any pretended aliment, Notwithstanding of the Act of parliament, which did endue her action with a Summar dispatch, but their Lordships did lykewise Recommend the Same to be Summarly discust by their Remitt, He for freeing himselfe of vexatious uncertain and expensive attendance (wherof hitherto he has had the sad experience) did with regaird to their Lordships remitt, and in the Termes therof raise and execute a lybelled Summonds and Declarator againest her, and the Representatives of her deceast Husband, befor the Lords of Session to hear it Declaired, that She had no right or pretence to ane aliment or Subsistance out of Bredisholmes estate, and it being therby Depending before the Lords, long prior to this application made to their Lordships, it is humbly offered as a Defence, that it must be there discussed, The answers then to the bill are Shortly these, primo That Bredisholme was not the Town, nor lawfully Cited, and therfore cannot be obliedged to answer to a petition wherof he knowes nothing Secundo this very cause was already remitted by their Lordships to the Lords of Session, And therfore it was most preposterous to apply to their Lordships in this maner when the cause was already remitted by them to the Judge Ordinary to whom only they most apply, Tertio, The matter being also made pendent by Bredisholme againest this very persuer upon the Same Claime, by a lybelled Summonds of Declarator, not only lybelled and execute but also tabled, and ane advocat Compearing to take out the proces, as the same dated the nynteenth day of January last testifies, It is humbly hoped and Contended, that the said irregular bill ought to be rejected, and she left to persue any pretensions she has to any aliment or subsistance (which are absolutely calumnious and irregular) befor the Lords of Session, where she shall have ane answer, if she ever intent any such proces, as the said answers bears, The Lords of her Majesties privie Councill having Considered the above petition given in to them, by Rose Muirhead Lady Bredisholme younger, and the samen with answers therto by James Muirhead of Bredisholme elder being read in their presence, The saids Lords Doe heirby Grant to the petitioner the soume of Fyftie pound Sterling for her aliment, and appoynts and Ordains the said James Muirhead of Bredisholme elder to make payment therof to the petitioner accordingly and upon payment appoynts and Ordains the petitioner to Renounce and Discharge all right and Interest that She has or can pretend to the Fyftie pound Sterling granted to her Husband, and the other Fyftie pound Sterling granted to herselfe, and which Fyfty pound Sterling of aliment forsaid, The said Rose Muirhead accepts in full of all aliment she can pretend to from the saids Lords at anie tyme hereafter, and alse the saids Lords Doe heirby Discharge the petitioner to apply to their Lordships for any furder aliment in tyme comeing, But leaves her to persue her other rights via ordinara allenerly befor the Judge competent as accords, and appoynts letters of horning under the Signet of Councill upon Fyfeteen dayes to be direct heirupon in forme as effeirs

1. NRS, PC2/28, 367r-369v.

1. NRS, PC2/28, 367r-369v.

Sederunt, 27 February 1705, Edinburgh

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Edinburgh 27th February 17051

D1705/2/112

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Rothes P:S:; Earl of Crafurd; Earl of Sutherland; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Ruglen; Earl of Roseberry; Lord Belhaven; Lord Advocat; Lord Justice Clerk; Lord Anstruther; Laird of Blackadder; Laird of Ormistoun younger; Lord Provost of Edinburgh

Edinburgh 27th February 17051

D1705/2/112

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Rothes P:S:; Earl of Crafurd; Earl of Sutherland; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Ruglen; Earl of Roseberry; Lord Belhaven; Lord Advocat; Lord Justice Clerk; Lord Anstruther; Laird of Blackadder; Laird of Ormistoun younger; Lord Provost of Edinburgh

1. NRS, PC2/28, 367r.

2. NRS, PC2/28, 367r.

1. NRS, PC2/28, 367r.

2. NRS, PC2/28, 367r.

Act, 15 February 1705, Edinburgh

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Edinburgh 15th February 1705

D1705/2/101

Act

Act in favours of the Earle of Murray

Anent the petition given in and presented to the Lords of her Majesties privie Councill, By Charles Earle of Morray, Shewing That where Alexander Stewart of Craigtoun his Chamberlane and Factor in Doun has latly Deceased, and very much in Arrear to him, And that he with his Friends caused seall his Cabinet and Trunks where all his papers were placed, and that he duly applyed to the Commisar of Dumblane within whose Jurisdiction the said Deceased Craigtoun recided, Wherupon he caused lawfully Cite Craigtouns nearest Friends and others concerned to be present at a precise day to the intent that all his papers might be regularly inventared and sequestrat to be exhibite to all pairties haveing interest, But being confidently assured that by a contryvance of some of his nearest relations, they designed to lock up the doors of the roume and house where the papers are Lodged on purpose to Cover Craigtouns Sinistrous designs which too palpably appear, and to evacuat his legall procedure in that affair, Therfore Craving it might please their Lordships to interpose their authority, and grant Warrand to the said Commissioner, or Stewart Depute of Monteith, To make open doors, that all Craigtouns papers might be duly Inventared and exhibite to the pairties having Interest, And particularly to him Insofarras his Interest by the papers themselves appear, as the said petition bears, Which petition being upon the thirteenth day of February Jaj viic and fyve years, Read in presence of the said Lords, They appoynted the Same to be seen and ansuered nixt Councill day by any Concerned, Therafter the said bill being moved in presence of the saids Lords upon the day and date of thir presents, The saids Lords Doe heirby grant power and warrand to the Commissary of Dumblane, or Stewart Depute of Monteith, or any one of them to make open doors where the papers and others belonging to the deceist Alexander Stewart of Craigtoun are Sequestrat, and Ordains them by their Clerks and others whom they shall appoynt to Inventar the saids papers, And to give Inventars Subscrybed by the said Clerks and Inspection of the saids papers to all persons Concerned and particularly to the petitioner Insofarras his Interest by the papers themselves appears

Edinburgh 15th February 1705

D1705/2/101

Act

Act in favours of the Earle of Murray

Anent the petition given in and presented to the Lords of her Majesties privie Councill, By Charles Earle of Morray, Shewing That where Alexander Stewart of Craigtoun his Chamberlane and Factor in Doun has latly Deceased, and very much in Arrear to him, And that he with his Friends caused seall his Cabinet and Trunks where all his papers were placed, and that he duly applyed to the Commisar of Dumblane within whose Jurisdiction the said Deceased Craigtoun recided, Wherupon he caused lawfully Cite Craigtouns nearest Friends and others concerned to be present at a precise day to the intent that all his papers might be regularly inventared and sequestrat to be exhibite to all pairties haveing interest, But being confidently assured that by a contryvance of some of his nearest relations, they designed to lock up the doors of the roume and house where the papers are Lodged on purpose to Cover Craigtouns Sinistrous designs which too palpably appear, and to evacuat his legall procedure in that affair, Therfore Craving it might please their Lordships to interpose their authority, and grant Warrand to the said Commissioner, or Stewart Depute of Monteith, To make open doors, that all Craigtouns papers might be duly Inventared and exhibite to the pairties having Interest, And particularly to him Insofarras his Interest by the papers themselves appear, as the said petition bears, Which petition being upon the thirteenth day of February Jaj viic and fyve years, Read in presence of the said Lords, They appoynted the Same to be seen and ansuered nixt Councill day by any Concerned, Therafter the said bill being moved in presence of the saids Lords upon the day and date of thir presents, The saids Lords Doe heirby grant power and warrand to the Commissary of Dumblane, or Stewart Depute of Monteith, or any one of them to make open doors where the papers and others belonging to the deceist Alexander Stewart of Craigtoun are Sequestrat, and Ordains them by their Clerks and others whom they shall appoynt to Inventar the saids papers, And to give Inventars Subscrybed by the said Clerks and Inspection of the saids papers to all persons Concerned and particularly to the petitioner Insofarras his Interest by the papers themselves appears

1. NRS, PC2/28, 366v-367r.

1. NRS, PC2/28, 366v-367r.

Sederunt, 15 February 1705, Edinburgh

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Edinburgh 15th February 17051

D1705/2/92

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Rothes P:S:; Earl of Crafurd; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Dunmore; Earl of Ruglen; Earl of Roseberry; Lord Yester; Lord Belhaven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Arnistoun; Lord Halcraig; Lord Anstruther; Mr Fra: Montgomry; Laird of Blackadder; Laird of Ormistoun younger; Lord Provost of Edinburgh

Edinburgh 15th February 17051

D1705/2/92

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Rothes P:S:; Earl of Crafurd; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Dunmore; Earl of Ruglen; Earl of Roseberry; Lord Yester; Lord Belhaven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Arnistoun; Lord Halcraig; Lord Anstruther; Mr Fra: Montgomry; Laird of Blackadder; Laird of Ormistoun younger; Lord Provost of Edinburgh

1. NRS, PC2/28, 366v.

2. NRS, PC2/28, 366v.

1. NRS, PC2/28, 366v.

2. NRS, PC2/28, 366v.

Act, 13 February 1705, Edinburgh

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Edinburgh 13th February 1705

D1705/2/81

Act

Act in favours of Adam Boig for printing the Edinburgh Currant

Anent the petition given in and presented to the Lord high Chancellor, and remanent Lords of privie Councill, By Adam Boig, Humbly Shewing That wheras their petitioner intends to Sett forth a paper by the name of Edinburgh Courant, which will come out thrice weekly, viz: Monday, Wednesday, and Fryday, containing most of the remarkable forreign newes from their prints and letters, and also the home newes from the ports within this Kingdom when ships comes and goes, and from whence; which its hoped will prove a great advantage to Merchants and others within the Nation, (it being now altogether neglected) and seeing their petitioner has no inclination to give offence therby to the Government, and that he cannot safely doe the same without he be impowered therto by their Lordships, And therfore Craving to the effect aftermentioned as the said petition bears, The Lords of her Majesties privie Councill having Considered the above petition, given in to them by Adam Boig, and the samen being read in their presence The saids Lords Doe heirby allow and grant warrand to the petitioner to sett furth and print ane paper entituled Edinburgh Currant, containing the remarkable forreign newes from the ports within this Kingdome when Ships comes and goods, and from whence, he alwayes being answerable for the samen and for the newes therin specified and sett doun.

Edinburgh 13th February 1705

D1705/2/81

Act

Act in favours of Adam Boig for printing the Edinburgh Currant

Anent the petition given in and presented to the Lord high Chancellor, and remanent Lords of privie Councill, By Adam Boig, Humbly Shewing That wheras their petitioner intends to Sett forth a paper by the name of Edinburgh Courant, which will come out thrice weekly, viz: Monday, Wednesday, and Fryday, containing most of the remarkable forreign newes from their prints and letters, and also the home newes from the ports within this Kingdom when ships comes and goes, and from whence; which its hoped will prove a great advantage to Merchants and others within the Nation, (it being now altogether neglected) and seeing their petitioner has no inclination to give offence therby to the Government, and that he cannot safely doe the same without he be impowered therto by their Lordships, And therfore Craving to the effect aftermentioned as the said petition bears, The Lords of her Majesties privie Councill having Considered the above petition, given in to them by Adam Boig, and the samen being read in their presence The saids Lords Doe heirby allow and grant warrand to the petitioner to sett furth and print ane paper entituled Edinburgh Currant, containing the remarkable forreign newes from the ports within this Kingdome when Ships comes and goods, and from whence, he alwayes being answerable for the samen and for the newes therin specified and sett doun.

1. NRS, PC2/28, 366r-366v.

1. NRS, PC2/28, 366r-366v.

Warrant, 13 February 1705, Edinburgh

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Edinburgh 13th February 1705

D1705/2/71

Warrant

Warrand appoynting the Lady Bredisholme to use Dilligence upon her Act against her Father in Law

Anent the petition given in and presented to the Lords of her Majesties privie Councill By Lady Bredisholme younger, Shewing That where their Lordships by their Act of the date the Sixteenth day of January last bypast appoynted and Ordained the Soume of Fyfte pounds Sterling money to be payed to their petitioner by James Muirhead of Breadisholme elder and that betwixt and the second day of February instant and appoynted letters of horning to be direct therupon And accordingly their petitioner having charged the said James Muirhead of Braidisholme elder to make payment therof accordingly, who upon the charge received did mean himselfe to the Lords of Councill and Session by ane Suspension, Craving that the saids Lords would Suspend their Lordships Act, and which bill was ordained by the Lord Ordinary on the bills to be seen and answered And in the mean tyme had sisted execution upon their Lordships Act and dilligence following theron, which She humbly and in all Submission to their Lordships conceive cannot be done, but their Lordships of the privie Councill allenerly, and which is ane manifest ryot and indignity done to their Lordships, not only by the said James Muirhead of Braidisholme elder, but also by John Ingles wryter to her Majesties signet, who perswaded him to doe so, and wrote and Subscrybed the forsaid bill as ane double therof in your Lordships hands will testifie, Therfore Craving it might please their Lordships not only to appoynt their Clerks to give her out ane Caption upon the forsaids letters, But also to call for the said James Muirhead, and the said John Inglis wryter to the Signet, who induced and perswaded him to present the forsaid bill of Suspension befor the Lords of Councill and Session therby to prorogat her Starveing condition, and to eleid the payment of the forsaid soume, To appear befor their Lordships and answers for the forsaid Contempt and misdemeanour Committed againest their Lordships of the Councill, and their authority that they might be punished to the terror and example of others to doe the like in tyme comeing, as the said petition bears, The Lords of her Majesties privie Councill having Considered the above petition given in to them by the Lady Braidisholme, And the samen being read in presence, The saids Lords Doe heirby allow the petitioner to goe on in her ordinary course of Dilligence, againest James Muirhead of Braidisholme elder as accords, Notwithstanding of the bill of Suspension presented to the Lords of Councill and Session.

Edinburgh 13th February 1705

D1705/2/71

Warrant

Warrand appoynting the Lady Bredisholme to use Dilligence upon her Act against her Father in Law

Anent the petition given in and presented to the Lords of her Majesties privie Councill By Lady Bredisholme younger, Shewing That where their Lordships by their Act of the date the Sixteenth day of January last bypast appoynted and Ordained the Soume of Fyfte pounds Sterling money to be payed to their petitioner by James Muirhead of Breadisholme elder and that betwixt and the second day of February instant and appoynted letters of horning to be direct therupon And accordingly their petitioner having charged the said James Muirhead of Braidisholme elder to make payment therof accordingly, who upon the charge received did mean himselfe to the Lords of Councill and Session by ane Suspension, Craving that the saids Lords would Suspend their Lordships Act, and which bill was ordained by the Lord Ordinary on the bills to be seen and answered And in the mean tyme had sisted execution upon their Lordships Act and dilligence following theron, which She humbly and in all Submission to their Lordships conceive cannot be done, but their Lordships of the privie Councill allenerly, and which is ane manifest ryot and indignity done to their Lordships, not only by the said James Muirhead of Braidisholme elder, but also by John Ingles wryter to her Majesties signet, who perswaded him to doe so, and wrote and Subscrybed the forsaid bill as ane double therof in your Lordships hands will testifie, Therfore Craving it might please their Lordships not only to appoynt their Clerks to give her out ane Caption upon the forsaids letters, But also to call for the said James Muirhead, and the said John Inglis wryter to the Signet, who induced and perswaded him to present the forsaid bill of Suspension befor the Lords of Councill and Session therby to prorogat her Starveing condition, and to eleid the payment of the forsaid soume, To appear befor their Lordships and answers for the forsaid Contempt and misdemeanour Committed againest their Lordships of the Councill, and their authority that they might be punished to the terror and example of others to doe the like in tyme comeing, as the said petition bears, The Lords of her Majesties privie Councill having Considered the above petition given in to them by the Lady Braidisholme, And the samen being read in presence, The saids Lords Doe heirby allow the petitioner to goe on in her ordinary course of Dilligence, againest James Muirhead of Braidisholme elder as accords, Notwithstanding of the bill of Suspension presented to the Lords of Councill and Session.

1. NRS, PC2/28, 365v-366r.

1. NRS, PC2/28, 365v-366r.

Sederunt, 13 February 1705, Edinburgh

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Edinburgh 13th February 17051

D1705/2/62

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Rothes P:S:; Earl of Crafurd; Earl of Buchan; Earl of Haddingtoun; Earl of Loudoun; Earl of Leven; Earl of Dunmore; Earl of Ruglen; Earl of Hyndfoord; Earl of Roseberry; Lord Yester; Lord Belhaven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Anstruther; Mr Fra: Montgomry; Laird of Blackadder; Laird of Ormistoun younger; Lord Provost of Edinburgh

Edinburgh 13th February 17051

D1705/2/62

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Rothes P:S:; Earl of Crafurd; Earl of Buchan; Earl of Haddingtoun; Earl of Loudoun; Earl of Leven; Earl of Dunmore; Earl of Ruglen; Earl of Hyndfoord; Earl of Roseberry; Lord Yester; Lord Belhaven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Anstruther; Mr Fra: Montgomry; Laird of Blackadder; Laird of Ormistoun younger; Lord Provost of Edinburgh

1. NRS, PC2/28, 365v.

2. NRS, PC2/28, 365v.

1. NRS, PC2/28, 365v.

2. NRS, PC2/28, 365v.

Decreet, 8 February 1705, Edinburgh

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Edinburgh 8th February 1705

D1705/2/51

Decreet

Interloquitor in the proces Patton of Panholls against the Earle of Perth

Proces at the instance of Patton of Panholls againest the Earle of Perth being called and the persuer Compearing at the Barr personally with Sir Patrick Home, his advocat, and the Defender Compearing by Sir David Dalrymple, and Master John Menzies his advocats, and Both pairties Lawiers heard at the Barr, and removed, The Lords of her Majesties privie Councill, In respect the persuer judicially acknowledged at the Barr that the proces is Lisspendens befor the parliament, Doe heirby Declaire they will not meddle therin, but leaves the persuer to prosecute the samen befor the parliament as accords, And therfore frees them from any furder attendance befor the Councill upon account of the said proces.

Edinburgh 8th February 1705

D1705/2/51

Decreet

Interloquitor in the proces Patton of Panholls against the Earle of Perth

Proces at the instance of Patton of Panholls againest the Earle of Perth being called and the persuer Compearing at the Barr personally with Sir Patrick Home, his advocat, and the Defender Compearing by Sir David Dalrymple, and Master John Menzies his advocats, and Both pairties Lawiers heard at the Barr, and removed, The Lords of her Majesties privie Councill, In respect the persuer judicially acknowledged at the Barr that the proces is Lisspendens befor the parliament, Doe heirby Declaire they will not meddle therin, but leaves the persuer to prosecute the samen befor the parliament as accords, And therfore frees them from any furder attendance befor the Councill upon account of the said proces.

1. NRS, PC2/28, 365r-365v.

1. NRS, PC2/28, 365r-365v.

Decreet, 8 February 1705, Edinburgh

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Edinburgh 8th February 1705

D1705/2/41

Decreet

Decreit Mr John Kennedy Minister at Peter Coulter and Mr Alexander Thomsone some tyme minister there

Anent The principall lybell and letters of Complaint raised at the instance of Mr John Kennedy minister of the Gospell at Petercoulter, with concourse of Sir James Stewart her Majesties advocat for her Highnes interest, Makeing mention That where by the severall Lawes and acts of parliament establishing presbeterian Church Government And ratifieing the samen, and particularly by the twentie third act of the fourth session of the first parliament King William and Queen Mary Its expressly statute and Ordained that the Lords of privie Councill, and all other Magistrats Judges, and officers of Justice, give all due assistance for making the Sentences and Censures of the Church and Judicators therof to be obeyed, or otherwayes effectuall as accords, yet Nevertheless Master Alexander Thomsone sometyme minister at Petercoulter, being by the Synod of Aberdein upon the […] day of October Jaj viic and three years, or ane or other of the dayes of the said moneth lawfully deposed from the ministrie and exerciseing any pairt of the ministeriall Function, and the said Kirk of Petercoulter Declaired vaccant, Wherupon the said Complainer was by the said presbytery of Aberdeen legally and lawfully Ordained the minister of the said Kirk and parochine, wherby the Complainer has good and undoubted right to the said Kirk, manse and Gleib, Yet Notwithstanding and in high Contempt of the severall Lawes and acts of parliament forsaid, and of the Sentence of the forsaid Synod of Aberdeen, The said Mr Alexander Thomsone did still retaine the possession of the forsaid manse and Glieb, and will not yeild the possession therof to the Complainer, who was lawfully admitted and Ordained minister there, Wherfore in all Law equity and reasone, The said Mr Alexander Thomsone ought not only to be by Decreit of the Lords of privie Councill ordained to flitt and remove himselfe his wyfe, Bairns, Mentennents and Servants, cattle goods and gear, furth and frae the said Manse and Glieb of Petercoulter, But also ought to delyver up to the Complainer the keyes of the said Manse, that the Complainer might enter to the possession therof and bruike and enjoy the samen during his Incumbancie there, as also to yeild to the Complainer the possession of the forsaid Glybe that the said Complainer might enter therto labour and manure the Samen, And Anent the charge given to the said Defender to have compeared at certain day bygone to have heard and seen such order and course taken theranent as appertaines with Certification as in the said lybell or letters of Complaint is more fully Contained, Wherunto the said Master Alexander Thomson gave in the answers following, Shewing, Wheras there is a lybell raised befor their Lordships at the instance of Mr John Kennedy, pretending to be Minister at Petercoulter, with concourse of her Majesties advocat, Mentioning That by the Severall Lawes and acts of parliament establishing presbyterian Church Government, and ratifieing the samen, and particularly by the twentie third act of the fourth session of the first parliament of King William and Queen Mary, It was expressly Statute and Ordained that the Lords of Councill, and all other Magistrats, Judges, and officers of Justice, to give due assistance for making the Sentence and Censures of the Church, and Judicatories therof obeyed, or otherwayes made effectuall, Yet that Mr Alexander Thomsone being by the Synod of Aberdeen in Anno Jaj viic three years deposed from the ministry, and exerciseing any pairt of that function, The Complainer was legally admitted Minister and therby had right to the Kirk, Manse, and Glieb, and that notwithstanding of the said Lawes and sentence of the Synod of Aberdeen, the said master Alexander Thomson retains possession of the Manse and Glieb, and will not yeild the possession therof to the Complainer, And therfore Concluding a Decreit of removeing against him, It was answered That Master Alexander Thomson was legally Ordained Minister of Petercoulter and was the first of that presbytry that qualified himselfe according to Law, and denyes that he was ever legally Deposed from the Ministry or exercise therof And as to the act of parliament lybelled on, that relates to the Sentences of the Church Judicatures that the civill Authority might be interposed for rendring them effectuall, there is no sentence of any Church Judicature againest Mr Thomson, which he hes Contemned, or requyres the civill authority to be interposed for rendring it effectuall, and as to the Conclusion of removeing from the Manse and Gleib, which is the only conclusion of the Lybell, he humbly presumes that actions of removing are only competent to the ordinar Judicatures and no proper Subject of their Lordships trouble, and he did not believe that the Church Judicatures have given any Sentence of removeing againest him, wherby their Lordships authority might be demanded to make the Same effectuall, Removeings being yet less proper to their province then their Lordships, Last of all, the Complainer Master John Kennedy, nor those who gave him the Call, are not qualified conforme to act of parliament, So his pretending to the Church is plain violence and contempt of the Law, In respect wherof Master Thomson ought to be assoilzied, and Mr Kennedy Decerned in his expences, The above Lybell at the instance of Mr John Kennedy Minister of the Gospell at Peter Coulter, againest Master Alexander Thomsone Sometyme Minister there, being called and the pursuar Compearing at the Barr with Sir James Stewart her Majesties Advocat, and the Defender Compearing also personally at the barr, with Sir David Cunninghame and Mr William Black his Advocats, and the Lybell with answers therto being read, and both pairties and their Lawiers heard at the Barr, and removed, The saids Lords having Considered the Samen, have Decerned and Ordained, and heirby Decern and Ordaine the Defender to flitt and remove himselfe, wyfe, Bairns, Mentennents and Servants, Cattle goods, and gear, furth and frae the Manse and Glieb of Peter Coulter, and to leave the samen voyd and redd and delyver up the keyes of the said manse to the persuer that he may enter therto peaceably, and bruike and enjoy the Samen during his Incumbancy there, And appoynts letters of horning under the Signet of Councill to be direct heirupon upon fyftein dayes as effeirs.

Edinburgh 8th February 1705

D1705/2/41

Decreet

Decreit Mr John Kennedy Minister at Peter Coulter and Mr Alexander Thomsone some tyme minister there

Anent The principall lybell and letters of Complaint raised at the instance of Mr John Kennedy minister of the Gospell at Petercoulter, with concourse of Sir James Stewart her Majesties advocat for her Highnes interest, Makeing mention That where by the severall Lawes and acts of parliament establishing presbeterian Church Government And ratifieing the samen, and particularly by the twentie third act of the fourth session of the first parliament King William and Queen Mary Its expressly statute and Ordained that the Lords of privie Councill, and all other Magistrats Judges, and officers of Justice, give all due assistance for making the Sentences and Censures of the Church and Judicators therof to be obeyed, or otherwayes effectuall as accords, yet Nevertheless Master Alexander Thomsone sometyme minister at Petercoulter, being by the Synod of Aberdein upon the […] day of October Jaj viic and three years, or ane or other of the dayes of the said moneth lawfully deposed from the ministrie and exerciseing any pairt of the ministeriall Function, and the said Kirk of Petercoulter Declaired vaccant, Wherupon the said Complainer was by the said presbytery of Aberdeen legally and lawfully Ordained the minister of the said Kirk and parochine, wherby the Complainer has good and undoubted right to the said Kirk, manse and Gleib, Yet Notwithstanding and in high Contempt of the severall Lawes and acts of parliament forsaid, and of the Sentence of the forsaid Synod of Aberdeen, The said Mr Alexander Thomsone did still retaine the possession of the forsaid manse and Glieb, and will not yeild the possession therof to the Complainer, who was lawfully admitted and Ordained minister there, Wherfore in all Law equity and reasone, The said Mr Alexander Thomsone ought not only to be by Decreit of the Lords of privie Councill ordained to flitt and remove himselfe his wyfe, Bairns, Mentennents and Servants, cattle goods and gear, furth and frae the said Manse and Glieb of Petercoulter, But also ought to delyver up to the Complainer the keyes of the said Manse, that the Complainer might enter to the possession therof and bruike and enjoy the samen during his Incumbancie there, as also to yeild to the Complainer the possession of the forsaid Glybe that the said Complainer might enter therto labour and manure the Samen, And Anent the charge given to the said Defender to have compeared at certain day bygone to have heard and seen such order and course taken theranent as appertaines with Certification as in the said lybell or letters of Complaint is more fully Contained, Wherunto the said Master Alexander Thomson gave in the answers following, Shewing, Wheras there is a lybell raised befor their Lordships at the instance of Mr John Kennedy, pretending to be Minister at Petercoulter, with concourse of her Majesties advocat, Mentioning That by the Severall Lawes and acts of parliament establishing presbyterian Church Government, and ratifieing the samen, and particularly by the twentie third act of the fourth session of the first parliament of King William and Queen Mary, It was expressly Statute and Ordained that the Lords of Councill, and all other Magistrats, Judges, and officers of Justice, to give due assistance for making the Sentence and Censures of the Church, and Judicatories therof obeyed, or otherwayes made effectuall, Yet that Mr Alexander Thomsone being by the Synod of Aberdeen in Anno Jaj viic three years deposed from the ministry, and exerciseing any pairt of that function, The Complainer was legally admitted Minister and therby had right to the Kirk, Manse, and Glieb, and that notwithstanding of the said Lawes and sentence of the Synod of Aberdeen, the said master Alexander Thomson retains possession of the Manse and Glieb, and will not yeild the possession therof to the Complainer, And therfore Concluding a Decreit of removeing against him, It was answered That Master Alexander Thomson was legally Ordained Minister of Petercoulter and was the first of that presbytry that qualified himselfe according to Law, and denyes that he was ever legally Deposed from the Ministry or exercise therof And as to the act of parliament lybelled on, that relates to the Sentences of the Church Judicatures that the civill Authority might be interposed for rendring them effectuall, there is no sentence of any Church Judicature againest Mr Thomson, which he hes Contemned, or requyres the civill authority to be interposed for rendring it effectuall, and as to the Conclusion of removeing from the Manse and Gleib, which is the only conclusion of the Lybell, he humbly presumes that actions of removing are only competent to the ordinar Judicatures and no proper Subject of their Lordships trouble, and he did not believe that the Church Judicatures have given any Sentence of removeing againest him, wherby their Lordships authority might be demanded to make the Same effectuall, Removeings being yet less proper to their province then their Lordships, Last of all, the Complainer Master John Kennedy, nor those who gave him the Call, are not qualified conforme to act of parliament, So his pretending to the Church is plain violence and contempt of the Law, In respect wherof Master Thomson ought to be assoilzied, and Mr Kennedy Decerned in his expences, The above Lybell at the instance of Mr John Kennedy Minister of the Gospell at Peter Coulter, againest Master Alexander Thomsone Sometyme Minister there, being called and the pursuar Compearing at the Barr with Sir James Stewart her Majesties Advocat, and the Defender Compearing also personally at the barr, with Sir David Cunninghame and Mr William Black his Advocats, and the Lybell with answers therto being read, and both pairties and their Lawiers heard at the Barr, and removed, The saids Lords having Considered the Samen, have Decerned and Ordained, and heirby Decern and Ordaine the Defender to flitt and remove himselfe, wyfe, Bairns, Mentennents and Servants, Cattle goods, and gear, furth and frae the Manse and Glieb of Peter Coulter, and to leave the samen voyd and redd and delyver up the keyes of the said manse to the persuer that he may enter therto peaceably, and bruike and enjoy the Samen during his Incumbancy there, And appoynts letters of horning under the Signet of Councill to be direct heirupon upon fyftein dayes as effeirs.

1. NRS, PC2/28, 364r-365r.

1. NRS, PC2/28, 364r-365r.

Sederunt, 8 February 1705, Edinburgh

Posted on by

Edinburgh 8th February 17051

D1705/2/32

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Rothes P:S:; Earl of Crafurd; Earl of Buchan; Earl of Haddingtoun; Earl of Loudoun; Earl of Leven; Earl of Ruglen; Earl of Hyndfoord; Earl of Roseberry; Lord Yester; Lord Belhaven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Arnistoun; Lord Anstruther; Mr Fra: Montgomery; Laird of Blackadder; Laird of Ormistoun younger; Lord Provost of Edinburgh

Edinburgh 8th February 17051

D1705/2/32

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Rothes P:S:; Earl of Crafurd; Earl of Buchan; Earl of Haddingtoun; Earl of Loudoun; Earl of Leven; Earl of Ruglen; Earl of Hyndfoord; Earl of Roseberry; Lord Yester; Lord Belhaven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Arnistoun; Lord Anstruther; Mr Fra: Montgomery; Laird of Blackadder; Laird of Ormistoun younger; Lord Provost of Edinburgh

1. NRS, PC2/28, 363v.

2. NRS, PC2/28, 363v.

1. NRS, PC2/28, 363v.

2. NRS, PC2/28, 363v.