Sederunt, 9 February 1699, Edinburgh

Att Edinburgh the Nynth day of February Jaj vic Nyntie Nyne years1

D1699/2/52

Sederunt

Lord Chancelor; Duke of Queensberry P:S:; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Mortoune; Earl of Lauderdale; Earl of Lothian; Earl of Lowdoune; Earl of Leven; Earl of Annandale; Earl of Northesk; Lord Strathnaver; Lord Carmichaell; Lord Ross; Lord Boyle; Lord Advocat; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Mr Fra Montgomry; Laird of Pollock; Laird of Stevenson

Att Edinburgh the Nynth day of February Jaj vic Nyntie Nyne years1

D1699/2/52

Sederunt

Lord Chancelor; Duke of Queensberry P:S:; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Mortoune; Earl of Lauderdale; Earl of Lothian; Earl of Lowdoune; Earl of Leven; Earl of Annandale; Earl of Northesk; Lord Strathnaver; Lord Carmichaell; Lord Ross; Lord Boyle; Lord Advocat; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Mr Fra Montgomry; Laird of Pollock; Laird of Stevenson

1. NRS, PC2/27, 189r.

2. NRS, PC2/27, 189r.

1. NRS, PC2/27, 189r.

2. NRS, PC2/27, 189r.

Act, 7 February 1699, Edinburgh

Edinburgh The Seventh day of February Jaj vic Nyntie Nyne years

D1699/2/41

Act

Act John Philp Sone to David Philp

Anent the petition given in to the Lords of his Majesties privy Councill be John Philip Sone to the deceast David Philp merchant in Edinburgh Shewing That the petitioner being Served heir to the said David Philp his father and to the deceast Mr John Philp Minister at Queensferry his uncle and the said Mr John being seized upon and incarcerat for some words Spocken by him against the late King James then Duke of York and at that time the said Mr John Philp being the said petitioners tutor in Law, and haveing the Custody of his haill wrytes, They and also Mr John Philps own wrytes were seized upon and sent to the saids Lords of privy Councill and the deceast Adam Mastertoune of Grainge who was Chosen Currator to the said petitioner, Haveing made application to their Lordships to Ordaine the Clerks of Councill to delyver up such wrytes and evidents as they had concerning the said petitioners fortune The saids Lords by their act of the date the nynth day of July Jaj vic nyntie one years Ordained the Clerks of Councill to delyver up to the said Adam Mastertoune the petitioners2 Curator Such wrytes and evidents as they had Concerning the said petitioners fortune as the said act produced to the saids Lords has made appear, And Seing the said Adam Mastertoune the said petitioners Curator by vertue of the said out produced to the saids Lords has made appear, And Seing the said Adam Mastertoune the said petitioners Curator by vertue of the said act got up from the Clerks of Councill Severall bonds and other wrytes belonging to him Conforme to ane inventar and his recept theron, And has uplifted severall Soumes of money belonging to the said petitioner and that it is necessar to have up the said Adam Mastertoune his recept (For verifieing the petitioners claime against his representatives upon upon3 the petitioners granting ane recept therof to the Clerks of Councill, as also ther are severall rights and evidents of the said petitioners Lands and estate Compt books and other wrytes Lying yet in the saids Clerks hands Which the said petitioner should have upon recept And Therfore Humbly Craveing In maner and to the effect aftermentioned, The Saids Lords of his Majesties privy Councill haveing Considered this petition given in to them; be the said John Philp, with the act mentioned therin and produced therwith, They hereby give Order and warrand to ther Clerks of Councill to delyver up to the petitioner, not only the said Adam Mastertoune of Grange his recept upon the above Inventar it self upon the said petitioners granting recept therof, Bot also to delyver to the said John Philp petitioner the haill other wrytes Compt books and others in their Custody belonging to the said petitioner and that upon Inventar and the said petitioners recept upon the Same.

Edinburgh The Seventh day of February Jaj vic Nyntie Nyne years

D1699/2/41

Act

Act John Philp Sone to David Philp

Anent the petition given in to the Lords of his Majesties privy Councill be John Philip Sone to the deceast David Philp merchant in Edinburgh Shewing That the petitioner being Served heir to the said David Philp his father and to the deceast Mr John Philp Minister at Queensferry his uncle and the said Mr John being seized upon and incarcerat for some words Spocken by him against the late King James then Duke of York and at that time the said Mr John Philp being the said petitioners tutor in Law, and haveing the Custody of his haill wrytes, They and also Mr John Philps own wrytes were seized upon and sent to the saids Lords of privy Councill and the deceast Adam Mastertoune of Grainge who was Chosen Currator to the said petitioner, Haveing made application to their Lordships to Ordaine the Clerks of Councill to delyver up such wrytes and evidents as they had concerning the said petitioners fortune The saids Lords by their act of the date the nynth day of July Jaj vic nyntie one years Ordained the Clerks of Councill to delyver up to the said Adam Mastertoune the petitioners2 Curator Such wrytes and evidents as they had Concerning the said petitioners fortune as the said act produced to the saids Lords has made appear, And Seing the said Adam Mastertoune the said petitioners Curator by vertue of the said out produced to the saids Lords has made appear, And Seing the said Adam Mastertoune the said petitioners Curator by vertue of the said act got up from the Clerks of Councill Severall bonds and other wrytes belonging to him Conforme to ane inventar and his recept theron, And has uplifted severall Soumes of money belonging to the said petitioner and that it is necessar to have up the said Adam Mastertoune his recept (For verifieing the petitioners claime against his representatives upon upon3 the petitioners granting ane recept therof to the Clerks of Councill, as also ther are severall rights and evidents of the said petitioners Lands and estate Compt books and other wrytes Lying yet in the saids Clerks hands Which the said petitioner should have upon recept And Therfore Humbly Craveing In maner and to the effect aftermentioned, The Saids Lords of his Majesties privy Councill haveing Considered this petition given in to them; be the said John Philp, with the act mentioned therin and produced therwith, They hereby give Order and warrand to ther Clerks of Councill to delyver up to the petitioner, not only the said Adam Mastertoune of Grange his recept upon the above Inventar it self upon the said petitioners granting recept therof, Bot also to delyver to the said John Philp petitioner the haill other wrytes Compt books and others in their Custody belonging to the said petitioner and that upon Inventar and the said petitioners recept upon the Same.

1. NRS, PC2/27, 188r-189r.

2. The word ‘wrytes’ scored out here.

3. Sic.

1. NRS, PC2/27, 188r-189r.

2. The word ‘wrytes’ scored out here.

3. Sic.

Sederunt, 7 February 1699, Edinburgh

Edinburgh The Seventh day of February Jaj vic Nyntie Nyne years1

D1699/2/32

Sederunt

Lord Chancelor; Duke of Queensbery P:S:; Earl of Argyle; Earl of Marr; Earl of Lauderdale; Earl of Lowdown; Earl of Leven; Earl of Anandale; Earl of Northesk; Lord Strathnaver; Lord Jedburgh; Lord Carmicheall; Lord Ruthven; Lord Justice Clerk; Lord Philiphaugh; Mr Fran: Montgomry; Laird of Stivensone

Edinburgh The Seventh day of February Jaj vic Nyntie Nyne years1

D1699/2/32

Sederunt

Lord Chancelor; Duke of Queensbery P:S:; Earl of Argyle; Earl of Marr; Earl of Lauderdale; Earl of Lowdown; Earl of Leven; Earl of Anandale; Earl of Northesk; Lord Strathnaver; Lord Jedburgh; Lord Carmicheall; Lord Ruthven; Lord Justice Clerk; Lord Philiphaugh; Mr Fran: Montgomry; Laird of Stivensone

1. NRS, PC2/27, 188r.

2. NRS, PC2/27, 188r.

1. NRS, PC2/27, 188r.

2. NRS, PC2/27, 188r.

Act, 2 February 1699, Edinburgh

Att Edinburgh The Second day of February Jaj vic Nyntie Nyne years

D1699/2/21

Act

Act and Remitt Udney of Auchterellen Against Forbes of Wattertoune et e contra

Anent The Lybell or Letters of Complaint raised before the Lords of his majesties privy Councill at the instance of […] Udney of Auchterellen With Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwrittin Making Mention, That wher by the Lawes of this and all other weell governed nationes and by the Lawes and acts of parliament of this kingdome the violent and Sumar inverting of any of his majesties Lediges their possession without any order of Law, and breaking in peices Cruives and breaking of Damns and Stopting of a goeing milne as also the unlawfull Convocation of his majesties Leidges with Weapon invasive, and doeing of deeds under cloud and Sillence of night to the prejudice of any of his Majesties Lridges be all Crymes of ane high nature, and severly punishable by the Lawes and acts of parliament of this kingdome Nevertheless It is of verity that the said pursuer haveing ryd by progress to a Chartor under the great Seall in the year Jaj vic and thrie Infavors of Alexander Annan then of Auchterellen of the Lands of Auchterellen with the Salmond fishing on the watter of Ithan adjacent to the saids Lands and ane ample power and priviledge of Setting up and Errecting Cruives upon the most Commodious place of the said watter And by vertue of this Clause Containeing the fishings, The said pursuers authors and predecessors have ever been Since the date of the said Chartor in ane uninterupted and peaceable possession of fishing by Coble and nett and otherwayes upon the said watter of Ithain till within these few moneths interupted by the Laird of Wattertoune, and the said pursuer haveing Lately Conforme to the said Clause of the Chartor built and sett up a Cruive upon his oun damn dyke in alse regular and legall a maner as any Cruive ought to be Conforme to the acts of parliament made theranent yett Thomas Forbes of Wattertoune after the said Cruive was built and sett in ded upon the Tenth, Eleventh Twelth or ane or other of the dayes of the moneth of August Last by past Conveen John Gairn at the Milne of Wattertoune John Chrystie in Ellon, Alexander Martine in Tarmishie Thomas Temple in Ellon and others his accomplices to the number of Twentie or threttie men with polls forks Gavelochs quarrell mells, Staffs Long polls hammers and other weapons and instruments and Clandistinely under Silence and Cloud of night came to the Milne Damn wher the said Cruive was sett up, and in a violent and hostile maner brock the said Crive in peices and threw doune the said damn dyke so that the milne was suscless and stopt till the damn dyke was rebuilt By all Which It is manifast that the said Laird of Watterroune and his forsaids Accomplices abovenamed are guilty Airt and part of ane open and Manifast Ryot, and therfore they ought and Should not only be decerned to put in the said Crive, Bot also Decerned in the Soume of […] of Damnadges and otherwayes punished in their persones and good to the teror and example of others to Committ the Like in time comeing And Anent the Charge given to the saids defenders To have Compeired personally before the saids Lords at ane Certaine day now bygone To have answered to the grounds of the said Complaint and to have heard and seen such order and Course taken theranent as appertaines as in the said principall lybell and executiones therof more fully is Contained, And Alse Anent the Lybell of Reconventione raised before the saids Lords of privy Councill at the instance of the said Thomas Forbes of Wattertoune With Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwrittin That wher by the Lawes of this realme particularly the act Eliventh James first Parliament first the Wydnes of the hecks of Salmond Cruives is appointed to be thrie Inches And not only by the act James the fifth parliament fourth Caput Seventeinth are the holders of Cruives against the Law punished as Slayers of Reid fish id est the Tinsell of their lyfe for the thrid fault be the fifteinth act fourtein parliament James the second, and the act Seventie thrie parliament, Sixth James the fourth Bot Likewayes all Landed Gentlemen are by the act 2 Sixtie Eight parliament Nynth of Queen Mary Ordained under Certaine paynes and penalties to put the acts anent the doun putting of inlawfull Cruives to due executione within their respective bounds, and by the Commissione Granted to Certaine Judges for destroying of un Lawfull Cruives non are exempted from the executione of the said Commission Bot Such as are infeft and also in possession of holding Cruives, providing the hecks be not the due widnes aforsaid Likeas the Contempt of the Authority of the Supream Judges of the Land by attempting upon Innovations anent matters of Judiciall Dependance before them, or the Cause be brought to a Closse Is a Cryme and fault of no Small Consequence as tending the partie so doer his takeing right to himself at his oun hand, Likeas the Missrepresenting of the Leidges to the Lords of privy Councill as guilty of violent Invassions and breaches of peace in the right time while ther is no ground for any such accusation is a Cryme and fault highly punishable, And True It is That Robert Udney of Auchterellen pretending a3 right to Salmond fishing on the watter of Ithan, whose pretensions and rights were drawn in question before the Lords of Councill and Session by way of Reduction and Improbation at the said pursuers instance upon his and his authors unquestionable infeftments from the one thousand and five hundred year of God forwards of fishing upon the said watter of Itham from the Macher foord to the Foord of Fyvie Which is farr above the bounds of the defender his said pretended fishing and within which bounds the said defender cannot alledge that ever he or his authors were in use of holding of Cruives, notwithstanding wherof and dureing the dependance of the said proces of reductione He the said defender did at his own hand adventure in August Last to build a Cruive in his milne damne dyke to the great distructione and detriment of the said pursuers Salmond fishing in so much that the hecks of the said usurped Cruive were not above two inshes wid at Least for within the widnes aforsaid appointed be act of parliament and the said pursuer upon his being Certiorat of such ane Usurpation in the said defenders pairt, Haveing according to the facultie allowed to Landed Gentlmen be the act of parliament aforsaid come with men and matterialls Suitable for demolishing of the said unlawfull Cruive Did in day Light and with Sun Shyne put down and demolish the same, Which the said defender has wrongeously represented to the Lord of his Majesties privy Councill, as if the said pursuer hade in the night time and with force of armed men invaded the defenders ancient possession of Cruive fishing and violently sett up his goeing milnes Brock his damns, and did other unjustifieable things, while as the said pursuer acted nothing bot by warrand of Law, and in his own defence against the said defender his made usurpations upon him pendente Lite, And of which Crymes of unwarrantable Innovateing of possessione pendente Liti, and of holding unlawfull Cruives of hecks within the widnes appointed by the act of parliament and of Misrepresenting the Said pursuer as said is, The said defenders being found guilty He ought to be punished in his person and purse to the teror of others and to pay to the said pursuer the Soume of […] in name of Damnadges by reasone of the expences and trouble the said defender his said vexatious and groundless Misrepresentation and groundless Misrepresentatione aforsaid has occasioned the said pursuer And Anent the Charge given to the Said Robert Udney defender To Have Compeared before the Saids Lords at ane Certaine day now bygone To have Answered to the points of the above Complaint, and to have heard and seen Such order and Course taken theranent as they should find Just as in the Said Letters of Reconvention at more Length is Contained, Which Lybell at the Instance of the above Udney of Auchterellen against the above Thomas Forbes of Wattertone being this day Called in presence of the Lords of his majesties privy Councill and the above lybell of reconvention The said Forbes of Withertoune against the said Udney of Auchterellen being Likewayes Called being Likewayes Called4 in presence of the Saids Lords, and both parties Compearing personally, and Mr David Dalrymple, Sir Androw Home and Mr James Fergusone Compearing as procurators for the said Udney of Auchterellen pursuer in the principall Cause and defender in the reconventione, And Mr David Forbes advocat Compearing as procurator for the said Forbes of Wattertoune defender in the principall Cause and pursuer in the reconventione, and the rest of the defenders in the principall Cause The principall Lybell and answers made therto, And also the lybell reconvention being read, And the saids Lords haveing Considered both Lybells with answers made to the principall Lybell, They hereby Remitt both Lybells to the Lords of Councill and Session to be Summarly proceeded in and discust before their Lordships both as to the point of right and possession and as to the damnadges above Lybelled on.

Att Edinburgh The Second day of February Jaj vic Nyntie Nyne years

D1699/2/21

Act

Act and Remitt Udney of Auchterellen Against Forbes of Wattertoune et e contra

Anent The Lybell or Letters of Complaint raised before the Lords of his majesties privy Councill at the instance of […] Udney of Auchterellen With Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwrittin Making Mention, That wher by the Lawes of this and all other weell governed nationes and by the Lawes and acts of parliament of this kingdome the violent and Sumar inverting of any of his majesties Lediges their possession without any order of Law, and breaking in peices Cruives and breaking of Damns and Stopting of a goeing milne as also the unlawfull Convocation of his majesties Leidges with Weapon invasive, and doeing of deeds under cloud and Sillence of night to the prejudice of any of his Majesties Lridges be all Crymes of ane high nature, and severly punishable by the Lawes and acts of parliament of this kingdome Nevertheless It is of verity that the said pursuer haveing ryd by progress to a Chartor under the great Seall in the year Jaj vic and thrie Infavors of Alexander Annan then of Auchterellen of the Lands of Auchterellen with the Salmond fishing on the watter of Ithan adjacent to the saids Lands and ane ample power and priviledge of Setting up and Errecting Cruives upon the most Commodious place of the said watter And by vertue of this Clause Containeing the fishings, The said pursuers authors and predecessors have ever been Since the date of the said Chartor in ane uninterupted and peaceable possession of fishing by Coble and nett and otherwayes upon the said watter of Ithain till within these few moneths interupted by the Laird of Wattertoune, and the said pursuer haveing Lately Conforme to the said Clause of the Chartor built and sett up a Cruive upon his oun damn dyke in alse regular and legall a maner as any Cruive ought to be Conforme to the acts of parliament made theranent yett Thomas Forbes of Wattertoune after the said Cruive was built and sett in ded upon the Tenth, Eleventh Twelth or ane or other of the dayes of the moneth of August Last by past Conveen John Gairn at the Milne of Wattertoune John Chrystie in Ellon, Alexander Martine in Tarmishie Thomas Temple in Ellon and others his accomplices to the number of Twentie or threttie men with polls forks Gavelochs quarrell mells, Staffs Long polls hammers and other weapons and instruments and Clandistinely under Silence and Cloud of night came to the Milne Damn wher the said Cruive was sett up, and in a violent and hostile maner brock the said Crive in peices and threw doune the said damn dyke so that the milne was suscless and stopt till the damn dyke was rebuilt By all Which It is manifast that the said Laird of Watterroune and his forsaids Accomplices abovenamed are guilty Airt and part of ane open and Manifast Ryot, and therfore they ought and Should not only be decerned to put in the said Crive, Bot also Decerned in the Soume of […] of Damnadges and otherwayes punished in their persones and good to the teror and example of others to Committ the Like in time comeing And Anent the Charge given to the saids defenders To have Compeired personally before the saids Lords at ane Certaine day now bygone To have answered to the grounds of the said Complaint and to have heard and seen such order and Course taken theranent as appertaines as in the said principall lybell and executiones therof more fully is Contained, And Alse Anent the Lybell of Reconventione raised before the saids Lords of privy Councill at the instance of the said Thomas Forbes of Wattertoune With Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwrittin That wher by the Lawes of this realme particularly the act Eliventh James first Parliament first the Wydnes of the hecks of Salmond Cruives is appointed to be thrie Inches And not only by the act James the fifth parliament fourth Caput Seventeinth are the holders of Cruives against the Law punished as Slayers of Reid fish id est the Tinsell of their lyfe for the thrid fault be the fifteinth act fourtein parliament James the second, and the act Seventie thrie parliament, Sixth James the fourth Bot Likewayes all Landed Gentlemen are by the act 2 Sixtie Eight parliament Nynth of Queen Mary Ordained under Certaine paynes and penalties to put the acts anent the doun putting of inlawfull Cruives to due executione within their respective bounds, and by the Commissione Granted to Certaine Judges for destroying of un Lawfull Cruives non are exempted from the executione of the said Commission Bot Such as are infeft and also in possession of holding Cruives, providing the hecks be not the due widnes aforsaid Likeas the Contempt of the Authority of the Supream Judges of the Land by attempting upon Innovations anent matters of Judiciall Dependance before them, or the Cause be brought to a Closse Is a Cryme and fault of no Small Consequence as tending the partie so doer his takeing right to himself at his oun hand, Likeas the Missrepresenting of the Leidges to the Lords of privy Councill as guilty of violent Invassions and breaches of peace in the right time while ther is no ground for any such accusation is a Cryme and fault highly punishable, And True It is That Robert Udney of Auchterellen pretending a3 right to Salmond fishing on the watter of Ithan, whose pretensions and rights were drawn in question before the Lords of Councill and Session by way of Reduction and Improbation at the said pursuers instance upon his and his authors unquestionable infeftments from the one thousand and five hundred year of God forwards of fishing upon the said watter of Itham from the Macher foord to the Foord of Fyvie Which is farr above the bounds of the defender his said pretended fishing and within which bounds the said defender cannot alledge that ever he or his authors were in use of holding of Cruives, notwithstanding wherof and dureing the dependance of the said proces of reductione He the said defender did at his own hand adventure in August Last to build a Cruive in his milne damne dyke to the great distructione and detriment of the said pursuers Salmond fishing in so much that the hecks of the said usurped Cruive were not above two inshes wid at Least for within the widnes aforsaid appointed be act of parliament and the said pursuer upon his being Certiorat of such ane Usurpation in the said defenders pairt, Haveing according to the facultie allowed to Landed Gentlmen be the act of parliament aforsaid come with men and matterialls Suitable for demolishing of the said unlawfull Cruive Did in day Light and with Sun Shyne put down and demolish the same, Which the said defender has wrongeously represented to the Lord of his Majesties privy Councill, as if the said pursuer hade in the night time and with force of armed men invaded the defenders ancient possession of Cruive fishing and violently sett up his goeing milnes Brock his damns, and did other unjustifieable things, while as the said pursuer acted nothing bot by warrand of Law, and in his own defence against the said defender his made usurpations upon him pendente Lite, And of which Crymes of unwarrantable Innovateing of possessione pendente Liti, and of holding unlawfull Cruives of hecks within the widnes appointed by the act of parliament and of Misrepresenting the Said pursuer as said is, The said defenders being found guilty He ought to be punished in his person and purse to the teror of others and to pay to the said pursuer the Soume of […] in name of Damnadges by reasone of the expences and trouble the said defender his said vexatious and groundless Misrepresentation and groundless Misrepresentatione aforsaid has occasioned the said pursuer And Anent the Charge given to the Said Robert Udney defender To Have Compeared before the Saids Lords at ane Certaine day now bygone To have Answered to the points of the above Complaint, and to have heard and seen Such order and Course taken theranent as they should find Just as in the Said Letters of Reconvention at more Length is Contained, Which Lybell at the Instance of the above Udney of Auchterellen against the above Thomas Forbes of Wattertone being this day Called in presence of the Lords of his majesties privy Councill and the above lybell of reconvention The said Forbes of Withertoune against the said Udney of Auchterellen being Likewayes Called being Likewayes Called4 in presence of the Saids Lords, and both parties Compearing personally, and Mr David Dalrymple, Sir Androw Home and Mr James Fergusone Compearing as procurators for the said Udney of Auchterellen pursuer in the principall Cause and defender in the reconventione, And Mr David Forbes advocat Compearing as procurator for the said Forbes of Wattertoune defender in the principall Cause and pursuer in the reconventione, and the rest of the defenders in the principall Cause The principall Lybell and answers made therto, And also the lybell reconvention being read, And the saids Lords haveing Considered both Lybells with answers made to the principall Lybell, They hereby Remitt both Lybells to the Lords of Councill and Session to be Summarly proceeded in and discust before their Lordships both as to the point of right and possession and as to the damnadges above Lybelled on.

1. NRS, PC2/27, 185r-188r.

2. The letters ‘Jaj‘ scored out here.

3. Insertion.

4. Sic.

1. NRS, PC2/27, 185r-188r.

2. The letters ‘Jaj‘ scored out here.

3. Insertion.

4. Sic.

Sederunt, 2 February 1699, Edinburgh

Att Edinburgh The Second day of February Jaj vic Nyntie Nyne years1

D1699/2/12

Sederunt

Lord Chancelour; Duke of Queensbery p.s.; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Mortoune; Earl of Buchan; Earl of Lothian; Earl of Lowdon; Earl of Leven; Earl of Anandale; Earl of Northesk; Lord Jedburgh; Lord Ross; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Aberuchill; Lord Halcraig; Lord Rankeillor; Lord Phesdoe; Laird of Pollock; Laird of Kelburne; Lord Provost of Edinburgh

Att Edinburgh The Second day of February Jaj vic Nyntie Nyne years1

D1699/2/12

Sederunt

Lord Chancelour; Duke of Queensbery p.s.; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Mortoune; Earl of Buchan; Earl of Lothian; Earl of Lowdon; Earl of Leven; Earl of Anandale; Earl of Northesk; Lord Jedburgh; Lord Ross; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Aberuchill; Lord Halcraig; Lord Rankeillor; Lord Phesdoe; Laird of Pollock; Laird of Kelburne; Lord Provost of Edinburgh

1. NRS, PC2/27, 185r.

2. NRS, PC2/27, 185r.

1. NRS, PC2/27, 185r.

2. NRS, PC2/27, 185r.

Act, 24 February 1698, Edinburgh

Att Edinburgh the twentie fourth day of Febrwary Jaj vic nyntie eight yeirs

D1698/2/131

Act

Act for aliment Grant Lady Haggs

Anent the petitione given in to the Lords of his majesties privie Counsell by Dam Mary Grant relict of the deceast Sir Alexander Hamiltowne of Haggs and now Spouse to William Johnstowne of Graitney Shewing That the petitioner is Sore to expose the conditione and Straites of her and her sone to ther Lordships But necessitie is constrained by no Lawes And ther Lordships are in a peculiar maner the protectors of those who cannot well provide for themselvs as wnder his majestie fathers of ther Cowntrie The petitioner had ane opulent Liferent of Two Thowsand two hundereth and fiftie merks (cess and other publict burdens dedwced) yeirly from her deceast husband owt of his Lands of Haggs As appears by the Samen and the rentall of the Lands therwith prodwced This her present husband and his creditors have uplifted ever since her Last mariage for these […] yeirs bygone while in the mean tyme the petitioner hes bein redwced to Live in2 very narrow circumstances tho She had the burden not only of the aliment and educatione of her said son of the first mariage But also of provisione for her present familie Notwithstanding wherof the petitioner hes driven it off till Lately that by her hwsband and his creditors ther uplifting and affecting the rents She hes not had fiftie merks Scotts Since Whittsonday Last for defraying the burdens before exprest wherby efter selling or impignorating of any valweable wttencills belonging to herself She hes bein necessitat to contract debts And now haveing no furder fond of credit She is become wtterly destitute her freinds applyed to her husband for his granting a tack of her liferent Lands That Less then a competent pairt of the tack dwety might be payed to her for aliment of herself her son and family Her husband does indeed Subscribe the tack (therwith produced) blank in the tacksemen the tack dwety and price of the victwall But he by the advice of evell Councellors being pleased to keep the victwall at soe extravagant a price that non could be fownd to take the tack the bargaine is eluded and the petitioner left upon ther Lordships Justice and Commiseratione Ther is nothing more congwwows to Law and naturall equitie then that the petitioner should be alimented out of her own And the acts of parliament expressly provide that the appeirand Air owght to be alimented owt of the Lands Liferented when he hath no frie rent besydes neither could the petitioners Superindwceing ane husband wherby his creditors come to affect those rents exclude her son or her from this right and naturall priviledge which they had anterior therinto And therfore humbly craveing to the effect eftermentioned As the said petitione bears The saids Lords of his majesties privy Counsell haveing considered the above petition And ansuers therto by Archbald Hamiltowne of Haggs And Likewise ansuers therto by Graitneyes Creditors upon the tenth day of Febrwary instant they appointed a Comitie of ther own number for considering the said petitione And Severall Ansuers foirsaids made therto And to hear the said Archibald and the saids Creditors of Graitney therupon Which Comitie haveing this day made ther verball report to the Counsell in the said mater And the saids Lords haveing considered the Comities Verball report Beareing that the creditors were content that ane aliment might be assigned to the Lady out of the Jointure She hath by her first husband Executione being reserved to the Creditors against The Ladyes present husband who is only ther debitor And that for Soumes not very considerable The Saids Lords doe heirby appoint and allow ane aliment to the Said Lady of Twelve hundereth merks yeirly Togither with the customes out of the Jointure formerly allowed to her of her first husband to be payed by the tennents and possessors of her Jointure Lands and that at two termes in the yeir by way of advance commenceing the said aliment from the terme of whitsonday Last bypast And decernes and ordaines the tennents and possessors of the said Ladyes Jointure Lands by her first husband instantly to make payment and Satisfactione to the said Lady of the Soume of Six hundereth merks with the Customes from the terme of whitsonday to Mertimes both Last bypast And of the Said Soume with the customes from mertimes Last to whittsonday next at the said terme of whitsonday And of the lyke Soume and customes from whitsonday next to mertimes next at the said terme of Mertimes And of the lyke soume and customes yeirly and termly by way of advance in all tyme comeing dureing the said Lady her lifetyme And ordaines Letters to be direct heron against the tennents to be named in the Letters And that wnder the Signet of Councill upon a charge of fiftein dayes and others in forme as effeirs

Att Edinburgh the twentie fourth day of Febrwary Jaj vic nyntie eight yeirs

D1698/2/131

Act

Act for aliment Grant Lady Haggs

Anent the petitione given in to the Lords of his majesties privie Counsell by Dam Mary Grant relict of the deceast Sir Alexander Hamiltowne of Haggs and now Spouse to William Johnstowne of Graitney Shewing That the petitioner is Sore to expose the conditione and Straites of her and her sone to ther Lordships But necessitie is constrained by no Lawes And ther Lordships are in a peculiar maner the protectors of those who cannot well provide for themselvs as wnder his majestie fathers of ther Cowntrie The petitioner had ane opulent Liferent of Two Thowsand two hundereth and fiftie merks (cess and other publict burdens dedwced) yeirly from her deceast husband owt of his Lands of Haggs As appears by the Samen and the rentall of the Lands therwith prodwced This her present husband and his creditors have uplifted ever since her Last mariage for these […] yeirs bygone while in the mean tyme the petitioner hes bein redwced to Live in2 very narrow circumstances tho She had the burden not only of the aliment and educatione of her said son of the first mariage But also of provisione for her present familie Notwithstanding wherof the petitioner hes driven it off till Lately that by her hwsband and his creditors ther uplifting and affecting the rents She hes not had fiftie merks Scotts Since Whittsonday Last for defraying the burdens before exprest wherby efter selling or impignorating of any valweable wttencills belonging to herself She hes bein necessitat to contract debts And now haveing no furder fond of credit She is become wtterly destitute her freinds applyed to her husband for his granting a tack of her liferent Lands That Less then a competent pairt of the tack dwety might be payed to her for aliment of herself her son and family Her husband does indeed Subscribe the tack (therwith produced) blank in the tacksemen the tack dwety and price of the victwall But he by the advice of evell Councellors being pleased to keep the victwall at soe extravagant a price that non could be fownd to take the tack the bargaine is eluded and the petitioner left upon ther Lordships Justice and Commiseratione Ther is nothing more congwwows to Law and naturall equitie then that the petitioner should be alimented out of her own And the acts of parliament expressly provide that the appeirand Air owght to be alimented owt of the Lands Liferented when he hath no frie rent besydes neither could the petitioners Superindwceing ane husband wherby his creditors come to affect those rents exclude her son or her from this right and naturall priviledge which they had anterior therinto And therfore humbly craveing to the effect eftermentioned As the said petitione bears The saids Lords of his majesties privy Counsell haveing considered the above petition And ansuers therto by Archbald Hamiltowne of Haggs And Likewise ansuers therto by Graitneyes Creditors upon the tenth day of Febrwary instant they appointed a Comitie of ther own number for considering the said petitione And Severall Ansuers foirsaids made therto And to hear the said Archibald and the saids Creditors of Graitney therupon Which Comitie haveing this day made ther verball report to the Counsell in the said mater And the saids Lords haveing considered the Comities Verball report Beareing that the creditors were content that ane aliment might be assigned to the Lady out of the Jointure She hath by her first husband Executione being reserved to the Creditors against The Ladyes present husband who is only ther debitor And that for Soumes not very considerable The Saids Lords doe heirby appoint and allow ane aliment to the Said Lady of Twelve hundereth merks yeirly Togither with the customes out of the Jointure formerly allowed to her of her first husband to be payed by the tennents and possessors of her Jointure Lands and that at two termes in the yeir by way of advance commenceing the said aliment from the terme of whitsonday Last bypast And decernes and ordaines the tennents and possessors of the said Ladyes Jointure Lands by her first husband instantly to make payment and Satisfactione to the said Lady of the Soume of Six hundereth merks with the Customes from the terme of whitsonday to Mertimes both Last bypast And of the Said Soume with the customes from mertimes Last to whittsonday next at the said terme of whitsonday And of the lyke Soume and customes from whitsonday next to mertimes next at the said terme of Mertimes And of the lyke soume and customes yeirly and termly by way of advance in all tyme comeing dureing the said Lady her lifetyme And ordaines Letters to be direct heron against the tennents to be named in the Letters And that wnder the Signet of Councill upon a charge of fiftein dayes and others in forme as effeirs

1. NRS, PC2/27, 87r-88v.

2. The word ‘the’ scored out here.

1. NRS, PC2/27, 87r-88v.

2. The word ‘the’ scored out here.

Sederunt, 24 February 1698, Edinburgh

Att Edinburgh the twentie fourth day of Febrwary Jaj vic nyntie eight yeirs1

D1698/2/122

Sederunt

Lord Chancellor; Earl of Mellvill; Marquis of Tweedale; Earl of Sowtherland; Earl of Lawderdale; Earl of Leven; Earl of Annandale; Earl of Ruglen; Lord Montgomry; Lord Forbess; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Laird of Grant; Laird of Pollock; Laird of Blackbarrony; Laird of Cessnock; Proveist of Edinburgh; Laird of Kellbwrne

Att Edinburgh the twentie fourth day of Febrwary Jaj vic nyntie eight yeirs1

D1698/2/122

Sederunt

Lord Chancellor; Earl of Mellvill; Marquis of Tweedale; Earl of Sowtherland; Earl of Lawderdale; Earl of Leven; Earl of Annandale; Earl of Ruglen; Lord Montgomry; Lord Forbess; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Laird of Grant; Laird of Pollock; Laird of Blackbarrony; Laird of Cessnock; Proveist of Edinburgh; Laird of Kellbwrne

1. NRS, PC2/27, 87r.

2. NRS, PC2/27, 87r.

1. NRS, PC2/27, 87r.

2. NRS, PC2/27, 87r.

Judicial Proceeding, 22 February 1698, Edinburgh

Att Edinburgh the twentie Second day of Febrwary Jaj vic nyntie eight yeirs

D1698/2/111

Judicial Proceeding

Kinfawns mariage with Phinevens doughter

The lybell at the instance of Alexander Blair alias Carnegie of Kinfauns and his curators for ther interests against The Laird of Phinhaven Mrs Jean Carnegy his doughter Jennet Browne his servitrix and Mr John Grub minister at Oathlaw being this day called in presence of the Lords of his majesties privie Counsell and the Laird of Kinfauns compeareing personallie as persewer with Sir James Stewart his majesties advocat Sir Patrick Home Mrs Hewgh and David Dallrimples his advocats and the haill defenders compeareing personallie (except the said Mr John Grub minister) with Sir David Thores Mr David Cuningham and Mr William Aikman advocats for the haill defenders and the said Mr John Grub being Laufullie cited oft tymes called and not compeareing The Lybell and answers therto for Phinhaven and his doughter and both pairties Lawiers being fullie heard The Saids Lords grants certificatione against the said Mr John Grub in respect of his absence and not compearance and ordains Letters of denunceatione to be direct to macers messengers at arms comanding them to pass to the mercat cross of […] and uther places neidfull and therat in his majesties name and authoritie duely Laufullie and orderly denunce the said Mr John Grub his majesties rebell and ordaine all his moveable goods and geir to be escheat and inbrought to his majesties wse for his contempt and disobedience And the saids Lords Finds that they are not competent Judges as to that pairt of the lybell anent the mariage But finds that they are competent Judges as to the rest of The lybell and admitts the Same to probatione against The Laird of Finhaven and the said Jennet Browne And the witnesses being called for and Mr John Strong Schoollmaister John Lyon of Whitewall James Milne Mr Charles Carnegie and Patrick Lyon being present and haveing made faith at the Cowncell barr The Saids Lords nominats and appoints The Earle of Leven Lord Ruthven Lord Justice Clerk and Laird of Kellburne to be a Comitie for examining of the saids wittnesses and reserves all objectiones which may be made against the wittness to be proponed and discwst befor the Comitie and grants furder dilligence by Captione untill the […] day of […] And the rest of the witness called and not compeareing aither on the lybell or on the dilligence (2except Anna Carnegie Sister to the Said Jean Carnegie She being only about twelve yeirs of age And recomends to the Comitie to examine the witnesses against Phinhaven and Jenet Broun upon the other points lybelled But not upon the forsaid mariage and appoints the Comitie to meet the morrow at ten in the foirnoon and declaires any two of them to be a Sufficient qworwm

Att Edinburgh the twentie Second day of Febrwary Jaj vic nyntie eight yeirs

D1698/2/111

Judicial Proceeding

Kinfawns mariage with Phinevens doughter

The lybell at the instance of Alexander Blair alias Carnegie of Kinfauns and his curators for ther interests against The Laird of Phinhaven Mrs Jean Carnegy his doughter Jennet Browne his servitrix and Mr John Grub minister at Oathlaw being this day called in presence of the Lords of his majesties privie Counsell and the Laird of Kinfauns compeareing personallie as persewer with Sir James Stewart his majesties advocat Sir Patrick Home Mrs Hewgh and David Dallrimples his advocats and the haill defenders compeareing personallie (except the said Mr John Grub minister) with Sir David Thores Mr David Cuningham and Mr William Aikman advocats for the haill defenders and the said Mr John Grub being Laufullie cited oft tymes called and not compeareing The Lybell and answers therto for Phinhaven and his doughter and both pairties Lawiers being fullie heard The Saids Lords grants certificatione against the said Mr John Grub in respect of his absence and not compearance and ordains Letters of denunceatione to be direct to macers messengers at arms comanding them to pass to the mercat cross of […] and uther places neidfull and therat in his majesties name and authoritie duely Laufullie and orderly denunce the said Mr John Grub his majesties rebell and ordaine all his moveable goods and geir to be escheat and inbrought to his majesties wse for his contempt and disobedience And the saids Lords Finds that they are not competent Judges as to that pairt of the lybell anent the mariage But finds that they are competent Judges as to the rest of The lybell and admitts the Same to probatione against The Laird of Finhaven and the said Jennet Browne And the witnesses being called for and Mr John Strong Schoollmaister John Lyon of Whitewall James Milne Mr Charles Carnegie and Patrick Lyon being present and haveing made faith at the Cowncell barr The Saids Lords nominats and appoints The Earle of Leven Lord Ruthven Lord Justice Clerk and Laird of Kellburne to be a Comitie for examining of the saids wittnesses and reserves all objectiones which may be made against the wittness to be proponed and discwst befor the Comitie and grants furder dilligence by Captione untill the […] day of […] And the rest of the witness called and not compeareing aither on the lybell or on the dilligence (2except Anna Carnegie Sister to the Said Jean Carnegie She being only about twelve yeirs of age And recomends to the Comitie to examine the witnesses against Phinhaven and Jenet Broun upon the other points lybelled But not upon the forsaid mariage and appoints the Comitie to meet the morrow at ten in the foirnoon and declaires any two of them to be a Sufficient qworwm

1. NRS, PC2/27, 86v-87r.

2. Closing bracket missing.

1. NRS, PC2/27, 86v-87r.

2. Closing bracket missing.

Act, 22 February 1698, Edinburgh

Att Edinburgh the twentie Second day of Febrwary Jaj vic nyntie eight yeirs

D1698/2/101

Act

Act Lord Elcho and pairtners for a manwfactorie of Glass

Anent the petitione given in to The Lords of his majesties privie Cownsell be David Lord Elcho for himself and Copairtners in the mater wnderwritten Shewing That ther being Severall acts of parliament of this Kingdome of Scottland appointing the Setting up and erecting manwfactories within the Same The inviteing of Strangers and giveing many incowragements to this effect Especiallie the acts Jaj vic Sixtie one, and Jaj vic and eightie one, And ther Lordships petitioner being desyreows to take the benefite of the saids acts in order to the Setting up and carying on a glass work at the weeymes in Fiffe Are for that end to agrie with certaine persones Glass makers who are Straingers and verie well knowen in the makeing of Glass wherby a considerable advantage will redownd to the natione by its giveing occasione to imploy many of its inhabitants in the work as well as the Shipping in of the export and by bringing in Considerable Soumes of money as the product of the Glass caried out besydes the benefite of the Kingdomes being served within itself they Doe in all dwety represent to ther Lordships (as being for that end fullie impowered by the saids acts of parliament) ther resolutione as above in order to obtaining ther Lordships authoritie protectione and incouragement And ther being allowed the libertie priviledge and immwnities granted by the foirsaid act of parliament infavors of manwfactories the promoters majesties and Servants therof All which the petitioners have the greater confidence to expect in regwaird they doe not pretend to any monopoly or to the exclwsione of any others from doeing ther best and Setting up many other pairt of the Kingdome they please And therfore humbly craveing to the effect eftermentioned As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Counsell They doe heirby awthorize the petitioners in Setting up the above manwfactorie of Glass at the Cove of The Weeymes And heirby declaires in favoures of the adventures promotters maisters Servants and others belonging to the Said manwfactorie That they Shall injoy all the rights priviledges and immwnities granted by the above acts in favoures of manwfactories Sicklyke and als friely in all respects as if ther were ane Speciall act of parliament made in ther favoures

Att Edinburgh the twentie Second day of Febrwary Jaj vic nyntie eight yeirs

D1698/2/101

Act

Act Lord Elcho and pairtners for a manwfactorie of Glass

Anent the petitione given in to The Lords of his majesties privie Cownsell be David Lord Elcho for himself and Copairtners in the mater wnderwritten Shewing That ther being Severall acts of parliament of this Kingdome of Scottland appointing the Setting up and erecting manwfactories within the Same The inviteing of Strangers and giveing many incowragements to this effect Especiallie the acts Jaj vic Sixtie one, and Jaj vic and eightie one, And ther Lordships petitioner being desyreows to take the benefite of the saids acts in order to the Setting up and carying on a glass work at the weeymes in Fiffe Are for that end to agrie with certaine persones Glass makers who are Straingers and verie well knowen in the makeing of Glass wherby a considerable advantage will redownd to the natione by its giveing occasione to imploy many of its inhabitants in the work as well as the Shipping in of the export and by bringing in Considerable Soumes of money as the product of the Glass caried out besydes the benefite of the Kingdomes being served within itself they Doe in all dwety represent to ther Lordships (as being for that end fullie impowered by the saids acts of parliament) ther resolutione as above in order to obtaining ther Lordships authoritie protectione and incouragement And ther being allowed the libertie priviledge and immwnities granted by the foirsaid act of parliament infavors of manwfactories the promoters majesties and Servants therof All which the petitioners have the greater confidence to expect in regwaird they doe not pretend to any monopoly or to the exclwsione of any others from doeing ther best and Setting up many other pairt of the Kingdome they please And therfore humbly craveing to the effect eftermentioned As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Counsell They doe heirby awthorize the petitioners in Setting up the above manwfactorie of Glass at the Cove of The Weeymes And heirby declaires in favoures of the adventures promotters maisters Servants and others belonging to the Said manwfactorie That they Shall injoy all the rights priviledges and immwnities granted by the above acts in favoures of manwfactories Sicklyke and als friely in all respects as if ther were ane Speciall act of parliament made in ther favoures

1. NRS, PC2/27, 86r-86v.

1. NRS, PC2/27, 86r-86v.

Sederunt, 22 February 1698, Edinburgh

Att Edinburgh the twentie Second day of Febrwary Jaj vic nyntie eight yeirs1

D1698/2/92

Sederunt

Lord Chancellor; Marquis of Tweedale; Earl of Sutherland; Earl of Bwchan; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Rwglen; Lord Montgomry; Lord Forbess; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Laird of Grant; Laird of Pollock; Laird of Blackbarrony; Laird of Stevensone; Laird of Cessnock; Proveist of Edinburgh; Laird of Kellburne; Sir Patrick Murray

Att Edinburgh the twentie Second day of Febrwary Jaj vic nyntie eight yeirs1

D1698/2/92

Sederunt

Lord Chancellor; Marquis of Tweedale; Earl of Sutherland; Earl of Bwchan; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Rwglen; Lord Montgomry; Lord Forbess; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Laird of Grant; Laird of Pollock; Laird of Blackbarrony; Laird of Stevensone; Laird of Cessnock; Proveist of Edinburgh; Laird of Kellburne; Sir Patrick Murray

1. NRS, PC2/27, 86r.

2. NRS, PC2/27, 86r.

1. NRS, PC2/27, 86r.

2. NRS, PC2/27, 86r.