D1700/2/3
D1700/2/32
Sederunt
Lord Chancelor; Earl of Crafurd; Earl of Lauderdale; Earl of Lowdonne; Earl of Leven; Earl of Forfar; Lord Jedburgh; Lord Polwarth; Lord Forbes; Lord Ruthven; Lord Boyle; Lord Advocat; Lord Aberuchill; Lord Rankeillor; Lord Phesdoe
1. NRS, PC2/27, 309r.
2. NRS, PC2/27, 309r.
1. NRS, PC2/27, 309r.
2. NRS, PC2/27, 309r.
D1700/2/2
D1700/2/21
Warrant
Anent the petitione given in to the Lords of his majesties privy Councill be William Andersone Dean of Gild of Dumfermling Shewing That Wherin the proces depending at the petitioners instance against Allan Walkinshaw for oppression Bangstrie and Ryot Committed upon the petitioner by the said Allan and his doers and associats In which lybell ther are many gross articles of oppression lybelled and among the rest, That the petitioner was forced to Signe a declaratione that the petitioner should not quarrell the said Allan Walkingshaw for the Illegallity of the poynding dureing the time the petitioner was in prisone and the petitioner was forced in these Circumstances to Signe the forsaid declaratione before the said Allan Walkinshawes defenders would consent to the petitioners liberatione, and the petitioner haveing led aprobatione upon all the articles of the petitioners Lybell and ane witness upon the said article of the petitioners being necessitate to give the said declaratione in maner above specified, When the petitioner was adduceing one George Robertsone wryter in Edinburgh who was present at the Signeing of the said declaratione and to all the passed that time It wes not easie for ane to gett the Committie Mett Severally of their Lordships being out of Toune, The defenders took advantadge and gave in ane bill to the saids Lords Clamouring that the petitioner did postpone concluding his probation And Therfore Craveing the saids Lords would Ordaine the petitioner to Conclude his probatione betwixt and Tewsday last being the threttie day of January to the effect the Cause might be advised The saids Lords did ordaine the probatione to be concluded accordingly In obedience to which the petitioner did use his endeavour to gett the Committie to meet Bot would not have the oppertunity of their Lordships upon accompt of their other affairs That diverted them from attending upon the Committie, and that Tuesday it self was a day that the Committie could not Meett The petitioner did Constantly apply to Such as were in Towne to the effect that they would be pleased to meet and examined the said witnesses Bot could not procure a meetting untill this day in the forenoon That the Earles of Crafurd and Marr was pleased to meet before whom the petitioner did adduce the said witnes Bot it being objected by the defenders that by the saids Lords delyverance the petitioner was oblidged to Conclude his probation betwixt and Teusday Last And it being answered by the petitioner that he hade been makeing Continuall applicatione to the Lords of the Committie Bot by severall Occurrances the petitioner could not gett a meeting Their Lordships did not receive the witness But did allow the petitioner to apply to the saids Lords for that effect And therfore humbly Supplicating the saids Lords to the effect aftermentioned as the said petitione more fully bears The Lords of his majesties privy Councill haveing Considered the above petitione given in to them be the above William Andersone They hereby allow the above George Robertsone yet to be received a witnes And to be examined by any one of the Committie at any time betwixt and Tewsday nixt being the Sixth of February instant And Declaires they will advise the haill Stepps of the forsaid process upon the said day without farder delay.
1. NRS, PC2/27, 308r-309r.
1. NRS, PC2/27, 308r-309r.
D1700/2/1
D1700/2/12
Sederunt
Lord Chancelor; Earl of Melvill P:C:; Earl of Crafurd; Earl of Marr; Earl of Lauderdale; Earl of Lothian; Earl of Lowdone; Earl of Leven; Earl of Annandale; Earl of Forfar; Viscount Seafeild S:; Lord Polwarth; Lord Ruthven; Lord Advocat; Lord Thesaurer Deput; Lord Aberurchill; Lord Halcraig; Lord Rankeillor; Lord Phesdoe; Mr Fra: Montgomry; Laird of Stivensone; Lord Provest of Edinburgh
1. NRS, PC2/27, 308r.
2. NRS, PC2/27, 308r.
1. NRS, PC2/27, 308r.
2. NRS, PC2/27, 308r.
D1699/2/12
D1699/2/121
Act
Anent the petition given in to the Lords of his Majesties privy Councill be George Murray one of the saids Lords foot posts Shewing That wher the poor petitioner hath (ever since he could do for himself) endeavored to Live a Christian Life without being troublsome to any persone and these twenty years Last by past hade been in the saids Lords Service as one of their foot posts and therin was allwayes willing and ready to Serve the saids Lords when occasion offered And now Seing by reason of his old age and beign reacted to the extreamity of Povertie by reason of the Scarcity of the time and other accidents that hade befallen the petitioner he was not able to travell and he haveing Nothing to mantaine himself and poor family, and knowing the saids Lords to be the only help and remeedy for the petitioner and such in his Circumstances (under God) hath oblidged the petitioner to make the said Supplication And Therfore Humbly Suplicating to the effect aftermentioned, The Lords of his majesties privy Councill haveing Considered this petition given into them be the above George one of the Councill posts They hereby Recommend to the Lords Commissioners of his Majesties Thesaury to allow to the petitioner Such ane aliement as they think Competent for Subsisting of himself and poor family And to Cause unroll him amongst the poor in his Majesties Charity roll To the effect he and his poor family may be subsisted yearly in time comeing.
1. NRS, PC2/27, 192r-192v.
1. NRS, PC2/27, 192r-192v.
D1699/2/11
D1699/2/112
Sederunt
Lord Chancelor; Earl of Crafurd; Earl of Marr; Earl of Lauderdale; Earl of Lowdon; Earl of Leven; Earl of Northesk; Lord Ross; Lord Boyle; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Halcraig; Mr Fra: Montgomry; Laird of Grant; Lord Provest of Edinburgh
1. NRS, PC2/27, 192r.
2. NRS, PC2/27, 192r.
1. NRS, PC2/27, 192r.
2. NRS, PC2/27, 192r.
D1699/2/10
D1699/2/101
Act
Anent the Petition given in to the Lords of his Majesties privy Councill be Jean Gordon relict of the deceast Alexander Gordon of Knockgray Sheweth That wher the petitioners husband being in the late rigne forfaulted for being at Bothwell bridge, and haveing since the happy revolutione gone over Cheerfully to Flanders in his Majesties Service was billed at the seidge of Namure, and So has left the petitioner Nyne Childrein behind him in very hard Circumstances, And that the petitioner by Contrast of mariadge betwixt her and her husband Stands infeft in ane yearly annualrent of Two hundred and Fiftie merks payable out of her husbands estate as her Sasine herewith testifies. Bot by reason that the petitioners husband had severall Creditors and wher the petitioner offered to seek her yearly Annuity from the tenents They Suspended the Same upon Double distress as appears by the Sumonds of Multiply poynding and Suspension also therwith produced Wher throw the petitioner is altogither frustrat of her and her poor families Maintainance, and She being ane poor Woman, And has not wherupon to discuss the forsaid Suspensione, and it being ordinar for the saids Lords to grant aliements to Widows It was Therfore humbly Craved that the saids Lords would grant the petitioner ane Competent aliement as a Subsistance to her and her poor family as is ordinar in the Like cases As the petitione bears The Lords of his Majesties privy Councill Haveing Considered the above petitione given in to them be the above Jean Gordon relict of Alexander Gordon of Knockgray, and petition be way of answer therto by the Creditors, They hereby Recomend to the Lords Commissioners of his Majesties thesaury to make tryall if the said Alexander Gordon of Knockgray was billed in his majesties service at Namure, And if they Find that he was killed, Then Recommends to their Lordships to modifie to his relict such a Soume as their Lordships Shall think fitt for her present Subsistance, And in the mean time Leaves the said Widdow to pursue for ane yearly aliement or her Joynture before the Judge Ordinary as accords in Law.
1. NRS, PC2/27, 191r-192v.
1. NRS, PC2/27, 191r-192v.
D1699/2/9
D1699/2/91
Act
Anent the petition given in to the Lord of his Majesties privy Councill be Samuell Forbes of Foveraigne, Shewing That wher the saids Lords hade once Suspended the letters Simpliciter as to the four hundred merks Condescended on to have been in Browns Chist, and that most Justly It being a part of the fang found with him upon the discoverie in the search made at his own Importimity, yet upon a new bill given in by Brown the saids Lords Have Found the Letters orderly proceeded as to the said Four Hundred merks upon no other ground, Bot that Brown alledged that that money was his own fathers And the petitioner haveing hitherto foreborn to trouble the saids Lords by speaking to their Lordships in so minute and sordid a matter Confiding allwayes in the petitioners Innocency and the saids Lords Justice and Continueing the petitioners purpose as yet, not to trouble the saids Lords with any particular application Bot Considering that it is the intrest and safety of all masters that the honor and reverence due to a masters name be not So much trampled upon by the insolency and villainy of a Servant, and especially of Such a servant allready Condeimned by the saids Lords for most abominable falsehoods Did Therfore humbly represent to the saids Lords this Last reason as it was hoped would make it evident that the Letters ought to be suspended Simpliciter or at least Caution farder found then by the late interloquitor is yet appointed And primo no Stress could be Laid upon Such words uttured by Brown as to the four hundred merks being his fathers It being a Comon and true proverb, That he who will Steall will Likewayes Lye. And Suppose it were Credible that the money had been Browns fathers as it was incredible, since it was notour in all that Countrey, That the man hade never So much Spare money in his life, Yet Brown Saying so, Is no probation that it was So; And therfore needs some other Testimony then his oun words Secundo It was offered to be2 made appear by Craigies deposition that these words of Brown are really false, Because his father was Still in such Condition That he Rather to get from them was able to gett from his sone, Tertio Craigies deposition does clear that Brown himself Confest a part of the money to have been the petitioners, and farder that in the end he confessed all to be the petitioners By these words; Take all and keep all for all is yours only give me a discharge. Quarto Suppose that some Stress were to be Laid even upon Brownds words, yet the petitioner ought to have Compensation upon a Liquid debt of Six hundred merks most Justly Decerned against him by the saids Lords For it were very hard to ordaine the petitioner to give to Brown what he had not proven to be due to him, Bot by his oun words And not to allow the petitioner Compensation of a liquid debt most Justly Decerned by the saids Lords as said is Quinto Broun haveing Confessed before the saids Lords that ther was a proces for thift, depending against him before the Shirreff depute of Aberdeen alse weell as ane Compt and reckoning It seems hard that the petitioner Should be decerned to restore the Fang and Imbazled goods to the theif and Imbazler before the event of the said proces It being humbly Supposed that at Least the theif and Imbazler ought to be appointed to find Caution to appear and answer in the said proces of theift, and to pay damnadges and to clear his accompts, and to pay what damnadge shall be decerned against him as weell as to restore the four hundred merks For otherwayes the petitioner might come to be a Loser in more then four thousand merks Considering the falsenes of his accompts and greatnes of his Imbazlments wherof the discovery was only a Scratch It being more then Credible and already talked that if he get the four hundred merks in his hands he will flee the Countrey and goe amongst other people wher he may more Conveniently re act his former villanies And farder It being Impossible for the petitioner (now necessarly at the place) to deliver up a Chist to Brown at Foverain Which Chist the petitioner never Seazed and wherof the petitioner never handled the key which he has to this day keeped and only treacherously left the Chist at the petitioners house And Therfore Humbly Craveing the saids Lords would be pleased to Suspend the Letters Simpliciter esto the four hundred merks, and by reasone of the falshoods proven already against Brown and the saids Lords most Just decreet therupon, To appoint him to find Caution to answer to the said proces of theift Which the Shirreff hath hitherto neglected to Cause him doe, and Likewayes to appoint him to find Caution to pay damnadges and the balance of accompts of the six hundred merks Decerned by the saids Lords oun decreet, as also to declare that the petitioners giveing ane wryten order to the petitioners servants at Foveraine to allow Brown Access to the petitioners house and to take out his Chist which he so treacherously left ther shall be sufficient and due obedience given by the petitioner to the saids Lords interloquitor as to that point It being all that is possible for the petitioner to doe at this distance the petitioner being so necessary here at the time The Lords of his Majesties privy Councill haveing Considered this petition given in to them be Samuell Forbes of Foveraigne and petitione be way answer made be James Brown Sone to Patrick Brown in Ithsie to the Samen They hereby adhere to their former interloquitor pronounced by them upon the fifth day of July last by past, And Ordaines the Clerks of Councill to give to the said James Brown ane extract of the forsaid interloquitor with this alteratione or additione That the Said James Brown Shall have free access to his Chist in the said Lord of Foveraigne his house and to transport the same to what other place he pleases and to dispose therupon and upon what is therin at his pleasure Which is to be full and due obedience to that point of the former interloquitor.
1. NRS, PC2/27, 189v-191r.
2. The word ‘proven’ scored out here.
1. NRS, PC2/27, 189v-191r.
2. The word ‘proven’ scored out here.
D1699/2/8
D1699/2/82
Sederunt
Lord Chancelor; Earl of Argyll; Earl of Marr; Earl of Lauderdale; Earl of Lowdone; Earl of Northesk; Lord Strathnaver; Lord Jedburgh; Lord Pollwarth; Lord Carmicheall; Lord Ross; Lord Boyle; Lord Advocat; Lord Justice Clerk; Lord Philiphaugh; Mr Fr: Montgomry; Laird of Pollock
1. NRS, PC2/27, 189v.
2. NRS, PC2/27, 189v.
1. NRS, PC2/27, 189v.
2. NRS, PC2/27, 189v.
D1699/2/7
D1699/2/71
Procedure
Letter from James Peadie provest of Glasgow to John Anderson of Dowhill Late provest therof Complaineing of victuall comeing from other places to Glasgow that it is Stoped by the way, Being this day read in presence of the Lords of his majesties privy Councill and they haveing Considered the same They hereby Recommend to Sir James Stewart his majesties advocat who presented the said Letter To wryt to any Shirriffs magistrats or others to whom his Lordships shall think fitt Dischargeing them to stope any grain or victuall from any place transporting to Glasgow to be meall and sold in the publict marcat.
1. NRS, PC2/27, 189r.
2. The words ‘to wryte not’ are an insertion.
1. NRS, PC2/27, 189r.
2. The words ‘to wryte not’ are an insertion.
D1699/2/6
D1699/2/61
Warrant
The Lords of his Majesties privy Councill Do hereby Recommend to the Earle of Argyle Commander in Cheiff of his Majesties forces withint this kingdome for the time To give Order for removeing Twentie five dragoons of that troope of Dragoons Lying at Falkirk from the Town of Falkirk and to quarter them at the Town of Kilsyth
1. NRS, PC2/27, 189r.
1. NRS, PC2/27, 189r.