D1700/2/13
D1700/2/132
Sederunt
Lord Chancelor; Earl of Melvill P:C:; Earl of Marr; Earl of Cassills; Earl of Leven; Earl of Annandale; Viscount Tarbat; Lord Montgomry; Lord Forbes; Lord Boyle; Lord Advocat; Lord Thesaurer Deput; Mr Fra: Montgomry; Lord Provest of Edinburgh
1. NRS, PC2/27, 312r.
2. NRS, PC2/27, 312r.
1. NRS, PC2/27, 312r.
2. NRS, PC2/27, 312r.
D1700/2/12
D1700/2/121
Warrant
The Lords of his Majesties privy Councill haveing by their interloquitor of the Eight of February instant in the proces persewed before them at the Instance of James Dunlope William Cochran and Serjant Cruikshanks against Severall Inhabitants of Aberdeen and the magistrats therof Granted Certification against the haill defenders Called for and not Compearing except Alexander Ragg and Alexander Pattone baillies of Aberdeen Thomas Mitchell provest Alexander Forbes and Alexander Ker Baillies of Aberdeen Compearing, allwayes inacting themselves in the books of his Majesties privy Councill for the saids Alexander Ragg and Alexander Kerr Called for and not Compearing That they shall obtemper and fullfill the Sentence of Councill to be given and pronounced against the said too Baillies not Compearing in the matter Lybelled And also excepting Walter Robertson and James Smith In Respect of their infirmity and age, And the saids Lords being this day informed that the said Thomas Mitchell provest Alexander Forbes and Alexander Pattoune two Baillies Compearing have as yet neglected to Inact themselves for the two Baillies abovenamed called for and not Compearing Therfore the saids Lords Doe hereby Grant Certificatione against the said Alexander Ragg and Alexander Kerr the two baillies and not Compearing, In Respect of their absence and not Compearance and Ordaines Letters of Denunciatione to be direct to messengers at armes Commanding them to pass to the Marcat Cross of […] and other places needfull and to duely Lawfullie and orderly Denunce the saids two baillies his majesties rebells and to ordaine all ther moveables goods and geir to be escheat and inbrought for his majesties use for their Contempt and Disobedience.
1. NRS, PC2/27, 311v-312r.
1. NRS, PC2/27, 311v-312r.
D1700/2/11
D1700/2/113
Sederunt
Lord Chancelor; Earl of Melvill P:C:; Earl of Strathmore; Earl of Leven; Earl of Northesk; Earl of Forfar; Viscount Tarbat; Lord Montgomry; Lord Forbes; Lord Ruthven; Lord Boyle; Lord Advocat; Lord Aberurchill; Laird of Stivenson
1. Sic.
2. NRS, PC2/27, 311v.
3. NRS, PC2/27, 311v.
1. Sic.
2. NRS, PC2/27, 311v.
3. NRS, PC2/27, 311v.
D1700/2/10
D1700/2/101
Act
Anent a Petition given in to the Lords of his Majesties privy Councill be Mr John Bell Minister of the Gospell at Smellum Shewing That Wheras the saids Lords by their act of the Fiftein of December Jaj vic nyntie one allowed James Done of Smelum patron of the said parosh to Imploy the Stipend of the kirk of Smellum Cropt Jaj vic nyntie Upon pious uses within the said paroch and nominated and appointed the petitioner to uplift upon his granting bond and finding Cautione to apply the Samen, And accordingly the petitioner haveing accordingly applyed the Same for the pious uses within the said paroch wherwith it was destitute by the saids Lords as ane Declaratione by Sir William Scot of Harden and the said James Dane of Smellume with severall Ministers appointed by the presbytrie to take in the petitioners accompts therwith produced would testifie And Therfore Craveing the saids Lords would be pleased in Consideratione of the premisses to Grant warrand to their Lordships Clerks to delyver up the said bond as the petitione bears, The Lords of his majesties privy Councill Haveing Considered the above petition given in to them be the above Mr John Bell with the declaratione Mentioned therin and produced therwith, They hereby Allow their Clerks to give up and delyver to the petitioner his bond granted be him as principall and James Dane of Smellum as Cautioner for Imploying the years Stipend Jaj vic Nyntie for the ends and uses mentioned in the bond and act of Councill therin specified Which bond is dated the fifth of January Jaj vic Nyntie two For which this shall be to them and all others concerned a sufficient warrand.
1. NRS, PC2/27, 311r-311v.
1. NRS, PC2/27, 311r-311v.
D1700/2/9
D1700/2/91
Warrant
Mr Robert Forbes advocat for the pursuers in the principall Lybell at the instance of Alexander Merchant Lawfull sone to Robert Merchant in Auldtoune of Auchlossen and others against George Gordon in Milne of Coull and others haveing Represented to the Lords of his Majesties privy Councill That upon the first day of February instant when the said lybell was called The said George Gordon haveing only Compeared of all the defenders and the rest of the defenders being oft times called and not Compearing, The saids Lords admitted the lybell to the pursuers probatione The said George allwayes first enacting himself in the books of privy Councill for the rest of the haill defenders called for beside himself And oblidging him that they shall fullfill the sentence Which shall be given and pronounced against them under the penalty of Fyve hundred merks Scots money by and attour performance of the premisses, And that the witnesses are all Ledd and their depositiones taken on the principall Lybell; And that the said George Gordon hes never as yet enacted himself in the termes forsaids And Therfore Craved that their Lordship would Grant Certificatione against the haill others3 defenders besides the saids George Gordon, Which being Considered be the saids Lords They hereby Grant Certificatione against the haill defenders called for and not Compearing in the said principall Lybell besides the said George Gordon In respect of their absence and not Compearance, And Ordaines Letters of denunciatione to be direct to macers or4 messengers at armes Commanding them to pass to the marcat Cross of […] and other places needfull And ther in his majesties name and authoritie duely Lawfullie and Orderly Denunce the saids absent defenders his majesties rebells and ordaine all their moveable goods and geir to be escheat and in brought to his majesties use for their Contempt and disobedience and Supperceids extracting the forsaid Certificatione for this day and the morrow and if the said George Gordon Compear and enact himself in the termes forsaids any time this day or the morrow allowes the Clerks of Councill to receive his enactment and Discharges the extracting otherwayes allowes the Certificatione to be extracted in Comon forme.
1. NRS, PC2/27, 310r-311r.
2. The word ‘Certification’ scored out here.
3. The words ‘haill others’ are an insertion.
4. The words ‘macers or’ are an insertion.
1. NRS, PC2/27, 310r-311r.
2. The word ‘Certification’ scored out here.
3. The words ‘haill others’ are an insertion.
4. The words ‘macers or’ are an insertion.
D1700/2/8
D1700/2/82
Sederunt
Lord Chancelor; Earl of Marr; Earl of Buchan; Earl of Lothian; Earl of Lowdon; Earl of Annandale; Lord Montgomrie; Lord Ruthven; Lord Boyle; Lord Advocat; Lord Thesaurer Deput; Lord Halcraig; Lord Rankeillor; Laird of Stivenson; Lord Provest of Edinburgh
1. NRS, PC2/27, 310r.
2. NRS, PC2/27, 310r.
1. NRS, PC2/27, 310r.
2. NRS, PC2/27, 310r.
D1700/2/7
D1700/2/71
Procedure: suspension
The Suspensione Cuming of Earnsyde Against Wyseman and Grant past in putica.
1. NRS, PC2/27, 310r.
1. NRS, PC2/27, 310r.
D1700/2/6
D1700/2/61
Decreet
The Process William Andersone Against Allan Walkinshaw and James Richardsone messengers et e Contra Being this day advised and the Lords of his majesties privy Councill Haveing heard the depositiones adduced by both parties in their respective processes both principall and Reconventione Read in their presence And haveing Considered the haill steps in both processes with the wrytes produced for either party They Find it Sufficiently proven That ther has been oppressive quartering used against the said William Andersone and quartering money exacted from him when the party was not quartered upon him and that the denunciatione and registratione Lybelled used against him and the Impresement following theron were Illegall and unwarantable and Contrary to a Standing Sist and that the poynding used against him was most unjust and violent, and that the ejection Committed on the said William Andersone his wife was without any Shaddow of Warrand And that the papers taken from the said William were by way of robbing or force, And that the dispositions and assignationes granted by him and his said wife and Discharge and declaratione in favors of the said Allan Walkingshaw was formerly extorted from him, And that the takeing away the said William Andersones horss was ane Spulzie and ryot And Therfore all the saids deeds were Illegall and unwarrantable And Ordaines the assignationes and Discharge or declaratione extorted from the said William Anderson and his said wife to be exhibit and delyvered into the hands of the Clerks of his majesties privy Councill with the haill grounds and warrands therof and payier, wherwith they relate to be delyvered up to the said William Andersone, And Ordaines both parties and their Lawiers to attend the Councill at ther nixt meetting on Thursday following at which time their Lordships declares they will farder advyse this cause and determine who is guilty of the Irregularities Committed and now found proven and who shall be lyable in the Damnadges therby Sustained and incurred by the said William Anderson.
1. NRS, PC2/27, 309v-310r.
1. NRS, PC2/27, 309v-310r.
D1700/2/5
D1700/2/52
Sederunt
Lord Chancelor; Earl of Mar; Earl of Lauderdale; Earl of Lowdone; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Montgomry; Lord Forbes; Lord Ruthven; Lord Boyle; Lord Advocat; Lord Justice Clerk; Lord Aberuchill; Lord Halcraig; Lord Rankeillor; Lord Phesdoe; Laird of Stivensone
1. NRS, PC2/27, 309r.
2. NRS, PC2/27, 309r.
1. NRS, PC2/27, 309r.
2. NRS, PC2/27, 309r.
D1700/2/4
D1700/2/41
Order
The Lords of his majesties privy Councill Doe hereby Declair any two of the Committie named in the process at the instance of James and Robert merchant and the Laird of Aucholossen and others to be a Sufficient quorum Notwithstanding it is otherwayes appointed in the principall interloquitor.
1. NRS, PC2/27, 309r.
1. NRS, PC2/27, 309r.