Tag Archives: February

Decreet, 11 February 1697, Edinburgh

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Att Edinburgh the Eleventh Day of Febrwary Jaj vic nyntie seven yeirs

D1697/2/141

Decreet

Decreit Lady Glenbucket

Anent the lybell or Letters of Complaint raised befor the Lords of his majesties privie Counsell at the instance of Jean Douglas Lady Glenbucket with concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater wnderwritten Makeing mention That wher the Said Complainer being by her contract of mariadge by her deceast husband provided to have her liferent of Ane Thowsand merks yeirlie of frie rent owt of the best of her husbands Lands nearest adjacent to the house of Glenbucket and in corroboratione therof granted ane dispositione but prejudice of any clause that might contribute for the Complainers well and wtilitie of the Soume of ane thousand merks of yeirlie frie rent out of the particular Lands and mylne mentioned in the dispositione and granted ane precept of seasine for that effect dated the fiftein of October Jaj vic Seventie five yeirs wherupon accordinglie the Complainer was infeft the Complainer did efter her husbands decease in the yeir Jaj vic nyntie thrie enter into the possessione of the maynes and house of Glenbucket and uplifted Some of the rents of the Complainers Liferent Lands owt of which fond She did aliment her eight childrein till May Last Att which tyme Adam Gordon the complainers eldest sone being instigat by severall persones did on the […] Day of May Last or ane or other of the dayes of the said moneth when the said complainer was comeing South to take advice anent her affairs and being advanced a great part of her Journey the said Adam Gordon most wnaturallie wnchristeanlie and barbarouselie Shakeing of all fear of God and the filiall dwetie he owes his parents folloued efter the Complainer with armed force designeing to bring her back and She declyneing he avowed to Dragg her back at horses taills And in prosecutione therof he with Severall others that were with him Laid violent hands on the Complainer and threw her Severall tymes to the grownd to the great effusione of her blood and Dragged her captive back again the way or forth which is thrie mylls Distant from her house And when he was come to the house of Glenbucket he caused keep the complainer closs prisoner therin for the Space of threttie dayes without allowing her the necessarie meanes of Subsistance and attendance and truelie She could hardlie2 eat any thing althowgh it had bein offered as it was not for fear of being poisoned and if it had not bein by the charitie of neighboures who in Some pairt Supplied her necessitie She had undoubtedlie Starved and while She was thus prisoner he the said Adam Gordon Secured all the Doors of the house and house hold furniture and violentlie Dispossessed her of all and neither Left her nor her childrein any mean of Subsisting yea not so much as her weareing cloathes bot was glad to escape with her life And also Seazed upon and abstracted her whole wrytes and evidents And Likewayes did violentlie at his own hand enter to the possessione and to the uplifting of the maills and Dweties of her Said Liferent Lands By all which it is evident that the said Adam Gordoune is gwiltie of a most heynows and unnaturall cryme And therfor he ought not onlie to be Decerned by our Saids Lords of privie Counsell Summarlie to repossess the said Complainer in the foirsaids houses household furniture and whole writes and all other goods and growing cropt upon the Maynes of Glenbucket But also owght to be Decerned in Ane Thousand merks yeirlie of frie rent to be payed to the Said Complainer out of the first and readiest of the maills and Dueties of her deceast husbands Lands And that as ane propper and competent aliment to the said Complainer And furder to be pwnished in his persone and goods to the terror of others And anent the charge given to the said defender to have compeared personallie befor the saids Lords of privie Counsell at ane certaine day now by past to have ansuwered to the grounds of the above complaint And to have heard and Sein Such order and Course taken theranent as the Saids Lords Should think fitt under the paine of rebellione etc As in the principall lybell or Letters of Complaint and executiones therof at more lenth is contained which lybell or Letters of complaint being upon the third of September Last bypast called in presence of the saids Lords of privie Counsell And the persewer Compeareing personallie with Mr George Alexander her advocat And the defender also compeareing personallie with Mr William Calderwood his advocat Both pairties Lawiers being fullie heard And the Saids Lords haveing considered the lybell togither with the petitione given in by the defender they admitted the lybell to the persewers probatione And the wittnesses present haveing made faith The Lords appointed a Comittie for examineing these wittnesses and discussing the objectiones which might be made against them And allowed furder Dilligence against Such of the wittnesses as have bein cited and have not compeared And allowed the Comittie to examine the wittnesses upon Such pertinent interrogators as the defender Should give in And ther haveing bein Severall wittnesses adduced befor this Comitie The Said Jean Douglas Lady Glenbucket gave in a petitione to his majesties Commissioner and the Saids Lords of privie Counsell And the Laird of Glenbucket her son gave in ane other by way of ansuer therto And both petitiones being upon the threttie day of the Said moneth of September Last bypast read in presence of his majesties Comissioner and the Saids Lords His Grace and ther Lordships by ther interloqwitor of that dayes date appointed a Comitie for heareing of both pairties and to endeavoure to Setle and agrie them and in caise of difficultie to report to the Counsell Therefter The Saids Lords of his majesties privie Counsell by ther interloquitor of the threttein day of October Jaj vic nyntie Six yeirs upon a petitione given in to them by the said Lady […] Glenbucket they appointed ane other Comittie to meet with the perseuer and her son and to endeavor to setle and Agrie them in the lybell foirsaid depending at her instance against the defender befor the privie Counsell And in caice they Should not agrie then allowed a furder dilligence by Caption at the Ladyes instance against the wittnesses alreadie cited by her and not examined and alloued the Comitie formerlie appointed to examine these wittnesses And Decerned and ordained the defender to make payment to the persewer of Ane Hundereth punds Scotts And the saids Lords of privie Counsell By ther interloquitor of the date the third of December Jaj vic nyntie Six yeirs upon a bill given in to them be the said Lady Glenbucket added Ane hundered punds Scotts to the hundered punds in the foirsaid interloquitor of the threttein of October Last makeing both togither the Soume of Two Hundereth punds Scotts And decerns and ordains the Said Adam Gordon of Glenbucket Defender to make payment to the said Jean Douglas Ladie Glenbucket his mother persewer of the said soume of Two Hundereth punds for her present aliement and Subsistance and ordaines Letters of horneing to be direct on fiftein dayes at the Ladyes instance against her son and others needfull wnder the Signet of Counsell and Remits to the Lords of Sessione to Discuss the point of right in contraversie betuixt the petitioner and Mr Robert Burnet of Glenbortrie and Mr Robert Irvine parsone of Towie anent the dispositione made by the said Jean Douglas Ladie Glenbucket petitioner to them of her Liferent and betuixt the said Adam Gordon of Glenbucket defender in whose persone the right of the said dispositione Stands now transferred and in the mean tyme Superceeds to give Sentance upon the point of ryot untill the point anent the dispositione remitted to the Lords of Sessione be discust and determined And the saids Lords of his majesties privie Counsell haveing this day considered ane other petitione Given in to them by the said Jean Dowglas Lady Glenbwcket they heirby recomend to the Lords of Counsell and Sessione to discuss the point of right mentioned in the Counsells above interloquitor of the date the third of December Jaj vic nyntie Six and that Sumarlie without abideing the course of the roll and prorogats the dilligence at the petitioners instance for proveing the points of the lybell at her instance against her Son untill the fiftein day of Jwne next to come and allowes the wittnesses cited in that mater to be receaved by the Comitie alreadie appointed to examine them Anent the petitione given in to the Lords of his majesties privie Counsell be Alexander Heriot Shewing That wheras ther Lordships Servant and petitioner Alexander Heriot being ane teacher of book keepeing and hath applyed himself to find out and give easie directiones in the method of compt and reckning And for that end hath prepared severall tables with ane discriptione book for the applicatione therof which hath putt the petitioner to great paines and trouble which he hopes will be of great advantage to the publict the Same being now presentlie in the printing press for publishing therof And feareing that others efter its publicatione will cause reprint the said book and tables aither at home or abroad and so vend and sell the same in this kingdome wherby the petitioner would be frustrat both of his great paines and of the money bestowed by him And therfore humblie craveing to the effect eftermentioned As the said petitione bears The saids Lords of his majesties privie Counsell haveing considered the above petitione They heirby discharge any persones whatsoever to reprint or import into this kingdome the foirsaid book intituled Ane Descriptione book with tables of exchange and aboverent for dayes moneths and yeirs for the space of nyntin yeirs efter the date heirof under the paine of confiscatione of the same to the petitioner who is author therof And for publicatione of the presents allowes the Same to be printed

Att Edinburgh the Eleventh Day of Febrwary Jaj vic nyntie seven yeirs

D1697/2/141

Decreet

Decreit Lady Glenbucket

Anent the lybell or Letters of Complaint raised befor the Lords of his majesties privie Counsell at the instance of Jean Douglas Lady Glenbucket with concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater wnderwritten Makeing mention That wher the Said Complainer being by her contract of mariadge by her deceast husband provided to have her liferent of Ane Thowsand merks yeirlie of frie rent owt of the best of her husbands Lands nearest adjacent to the house of Glenbucket and in corroboratione therof granted ane dispositione but prejudice of any clause that might contribute for the Complainers well and wtilitie of the Soume of ane thousand merks of yeirlie frie rent out of the particular Lands and mylne mentioned in the dispositione and granted ane precept of seasine for that effect dated the fiftein of October Jaj vic Seventie five yeirs wherupon accordinglie the Complainer was infeft the Complainer did efter her husbands decease in the yeir Jaj vic nyntie thrie enter into the possessione of the maynes and house of Glenbucket and uplifted Some of the rents of the Complainers Liferent Lands owt of which fond She did aliment her eight childrein till May Last Att which tyme Adam Gordon the complainers eldest sone being instigat by severall persones did on the […] Day of May Last or ane or other of the dayes of the said moneth when the said complainer was comeing South to take advice anent her affairs and being advanced a great part of her Journey the said Adam Gordon most wnaturallie wnchristeanlie and barbarouselie Shakeing of all fear of God and the filiall dwetie he owes his parents folloued efter the Complainer with armed force designeing to bring her back and She declyneing he avowed to Dragg her back at horses taills And in prosecutione therof he with Severall others that were with him Laid violent hands on the Complainer and threw her Severall tymes to the grownd to the great effusione of her blood and Dragged her captive back again the way or forth which is thrie mylls Distant from her house And when he was come to the house of Glenbucket he caused keep the complainer closs prisoner therin for the Space of threttie dayes without allowing her the necessarie meanes of Subsistance and attendance and truelie She could hardlie2 eat any thing althowgh it had bein offered as it was not for fear of being poisoned and if it had not bein by the charitie of neighboures who in Some pairt Supplied her necessitie She had undoubtedlie Starved and while She was thus prisoner he the said Adam Gordon Secured all the Doors of the house and house hold furniture and violentlie Dispossessed her of all and neither Left her nor her childrein any mean of Subsisting yea not so much as her weareing cloathes bot was glad to escape with her life And also Seazed upon and abstracted her whole wrytes and evidents And Likewayes did violentlie at his own hand enter to the possessione and to the uplifting of the maills and Dweties of her Said Liferent Lands By all which it is evident that the said Adam Gordoune is gwiltie of a most heynows and unnaturall cryme And therfor he ought not onlie to be Decerned by our Saids Lords of privie Counsell Summarlie to repossess the said Complainer in the foirsaids houses household furniture and whole writes and all other goods and growing cropt upon the Maynes of Glenbucket But also owght to be Decerned in Ane Thousand merks yeirlie of frie rent to be payed to the Said Complainer out of the first and readiest of the maills and Dueties of her deceast husbands Lands And that as ane propper and competent aliment to the said Complainer And furder to be pwnished in his persone and goods to the terror of others And anent the charge given to the said defender to have compeared personallie befor the saids Lords of privie Counsell at ane certaine day now by past to have ansuwered to the grounds of the above complaint And to have heard and Sein Such order and Course taken theranent as the Saids Lords Should think fitt under the paine of rebellione etc As in the principall lybell or Letters of Complaint and executiones therof at more lenth is contained which lybell or Letters of complaint being upon the third of September Last bypast called in presence of the saids Lords of privie Counsell And the persewer Compeareing personallie with Mr George Alexander her advocat And the defender also compeareing personallie with Mr William Calderwood his advocat Both pairties Lawiers being fullie heard And the Saids Lords haveing considered the lybell togither with the petitione given in by the defender they admitted the lybell to the persewers probatione And the wittnesses present haveing made faith The Lords appointed a Comittie for examineing these wittnesses and discussing the objectiones which might be made against them And allowed furder Dilligence against Such of the wittnesses as have bein cited and have not compeared And allowed the Comittie to examine the wittnesses upon Such pertinent interrogators as the defender Should give in And ther haveing bein Severall wittnesses adduced befor this Comitie The Said Jean Douglas Lady Glenbucket gave in a petitione to his majesties Commissioner and the Saids Lords of privie Counsell And the Laird of Glenbucket her son gave in ane other by way of ansuer therto And both petitiones being upon the threttie day of the Said moneth of September Last bypast read in presence of his majesties Comissioner and the Saids Lords His Grace and ther Lordships by ther interloqwitor of that dayes date appointed a Comitie for heareing of both pairties and to endeavoure to Setle and agrie them and in caise of difficultie to report to the Counsell Therefter The Saids Lords of his majesties privie Counsell by ther interloquitor of the threttein day of October Jaj vic nyntie Six yeirs upon a petitione given in to them by the said Lady […] Glenbucket they appointed ane other Comittie to meet with the perseuer and her son and to endeavor to setle and Agrie them in the lybell foirsaid depending at her instance against the defender befor the privie Counsell And in caice they Should not agrie then allowed a furder dilligence by Caption at the Ladyes instance against the wittnesses alreadie cited by her and not examined and alloued the Comitie formerlie appointed to examine these wittnesses And Decerned and ordained the defender to make payment to the persewer of Ane Hundereth punds Scotts And the saids Lords of privie Counsell By ther interloquitor of the date the third of December Jaj vic nyntie Six yeirs upon a bill given in to them be the said Lady Glenbucket added Ane hundered punds Scotts to the hundered punds in the foirsaid interloquitor of the threttein of October Last makeing both togither the Soume of Two Hundereth punds Scotts And decerns and ordains the Said Adam Gordon of Glenbucket Defender to make payment to the said Jean Douglas Ladie Glenbucket his mother persewer of the said soume of Two Hundereth punds for her present aliement and Subsistance and ordaines Letters of horneing to be direct on fiftein dayes at the Ladyes instance against her son and others needfull wnder the Signet of Counsell and Remits to the Lords of Sessione to Discuss the point of right in contraversie betuixt the petitioner and Mr Robert Burnet of Glenbortrie and Mr Robert Irvine parsone of Towie anent the dispositione made by the said Jean Douglas Ladie Glenbucket petitioner to them of her Liferent and betuixt the said Adam Gordon of Glenbucket defender in whose persone the right of the said dispositione Stands now transferred and in the mean tyme Superceeds to give Sentance upon the point of ryot untill the point anent the dispositione remitted to the Lords of Sessione be discust and determined And the saids Lords of his majesties privie Counsell haveing this day considered ane other petitione Given in to them by the said Jean Dowglas Lady Glenbwcket they heirby recomend to the Lords of Counsell and Sessione to discuss the point of right mentioned in the Counsells above interloquitor of the date the third of December Jaj vic nyntie Six and that Sumarlie without abideing the course of the roll and prorogats the dilligence at the petitioners instance for proveing the points of the lybell at her instance against her Son untill the fiftein day of Jwne next to come and allowes the wittnesses cited in that mater to be receaved by the Comitie alreadie appointed to examine them Anent the petitione given in to the Lords of his majesties privie Counsell be Alexander Heriot Shewing That wheras ther Lordships Servant and petitioner Alexander Heriot being ane teacher of book keepeing and hath applyed himself to find out and give easie directiones in the method of compt and reckning And for that end hath prepared severall tables with ane discriptione book for the applicatione therof which hath putt the petitioner to great paines and trouble which he hopes will be of great advantage to the publict the Same being now presentlie in the printing press for publishing therof And feareing that others efter its publicatione will cause reprint the said book and tables aither at home or abroad and so vend and sell the same in this kingdome wherby the petitioner would be frustrat both of his great paines and of the money bestowed by him And therfore humblie craveing to the effect eftermentioned As the said petitione bears The saids Lords of his majesties privie Counsell haveing considered the above petitione They heirby discharge any persones whatsoever to reprint or import into this kingdome the foirsaid book intituled Ane Descriptione book with tables of exchange and aboverent for dayes moneths and yeirs for the space of nyntin yeirs efter the date heirof under the paine of confiscatione of the same to the petitioner who is author therof And for publicatione of the presents allowes the Same to be printed

1. NRS, PC2/26, 334r-337r.

2. The word ‘do’ scored out here.

1. NRS, PC2/26, 334r-337r.

2. The word ‘do’ scored out here.

Act, 11 February 1697, Edinburgh

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Att Edinburgh the Eleventh Day of Febrwary Jaj vic nyntie seven yeirs

D1697/2/131

Act

Act Recalling Henry Insgars act against Gairsey

Anent the petitione given in to the Lords of his majesties privie Counsell be Henry Inshgar in Orkney Shewing That wher the petitioner haveing ane Long and Litigiows actione Depending be for ther Lordships at his instance against William Dowglas of Egilshaw principall pairtie called and William Craigie of Gairsey then Stewart deput of Orkney complexlie which hes exhausted all the meanes the petitioner had and therby rendered him and his poor familie miserable and which actione being called befor ther Lordships ther was ane act past in favoures of the petitioners of Date the tenth of november Last by past against William Craigie of Gairsey for productione of the report of ane Comissione direct to him as Stewart foirsaid with the process and depositiones of the wittnesses and that att and against the first Counsell day of Februarie next to come Jaj vic nyntie seven yeirs And now seing the petitioner is depaupered by the said actione and not able to mentaine himself the dependance of the said actione haveing non to own him But askes Law for the Lords Sake and as the Justnes of his cause requyres And therfor humblie craveing in maner therin mentioned As the said petitione bears The Saids Lords of his majesties privie Counsell haveing considered the above petitione with the petition be way of ansuer made therto be Sir William Craigie of Gairsey they heirby refwse the desyre of the said Henry Insgar his petitione and recalls the act of Counsell formerlie pronunced at the petitioners instance against the said Sir William Craigie of Gairsey of the date the tenth of November Jaj vic nyntie Six ordaineing him to produce the report of the Commissione mentioned in the said act in respect it is not instructed that any Such Comissione was ever granted

Att Edinburgh the Eleventh Day of Febrwary Jaj vic nyntie seven yeirs

D1697/2/131

Act

Act Recalling Henry Insgars act against Gairsey

Anent the petitione given in to the Lords of his majesties privie Counsell be Henry Inshgar in Orkney Shewing That wher the petitioner haveing ane Long and Litigiows actione Depending be for ther Lordships at his instance against William Dowglas of Egilshaw principall pairtie called and William Craigie of Gairsey then Stewart deput of Orkney complexlie which hes exhausted all the meanes the petitioner had and therby rendered him and his poor familie miserable and which actione being called befor ther Lordships ther was ane act past in favoures of the petitioners of Date the tenth of november Last by past against William Craigie of Gairsey for productione of the report of ane Comissione direct to him as Stewart foirsaid with the process and depositiones of the wittnesses and that att and against the first Counsell day of Februarie next to come Jaj vic nyntie seven yeirs And now seing the petitioner is depaupered by the said actione and not able to mentaine himself the dependance of the said actione haveing non to own him But askes Law for the Lords Sake and as the Justnes of his cause requyres And therfor humblie craveing in maner therin mentioned As the said petitione bears The Saids Lords of his majesties privie Counsell haveing considered the above petitione with the petition be way of ansuer made therto be Sir William Craigie of Gairsey they heirby refwse the desyre of the said Henry Insgar his petitione and recalls the act of Counsell formerlie pronunced at the petitioners instance against the said Sir William Craigie of Gairsey of the date the tenth of November Jaj vic nyntie Six ordaineing him to produce the report of the Commissione mentioned in the said act in respect it is not instructed that any Such Comissione was ever granted

1. NRS, PC2/26, 333v-334r.

1. NRS, PC2/26, 333v-334r.

Procedure: judicial proceedings, 11 February 1697, Edinburgh

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Att Edinburgh the Eleventh Day of Febrwary Jaj vic nyntie seven yeirs

D1697/2/121

Procedure: judicial proceedings

Remit Carstarphine against Brwce

Anent the lybell or Letters of Complaint raised and perswed befor the Lords of his majesties privie Counsell at the instance of John Corstorphine yownger of Nydie with concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater wnderwrittin Mentioning That Forasmuch as the preserveing and mentaineing of Coallwork is of publict interest and concerne in which the Lords of our privie Counsell are in wse to interpose Summarlie for mentaineing of all contracts and partiones tending to the carying on of Such publict works And true that by contract of the date the Second day of August Jaj vic nyntie five betuixt William Brwce of Pitterthie and the complainer It was agried that they Should Sett doun one water sink and pay the expenss eqwallie wherby they are bound that als Long as aither of ther coallhewghs Should Last and the said wall sink Should serve for aither of ther benefites that the water men Should be payed eqwallie betuixt them and that if any of them Should Sett Downe ane other Sink Deeper the pairtie who desyres the Same Should Doe it upon his propper charges And if it Should happen the said other coallsink to dry and benefite aither pairtie Both became obleidged to pay watermen equallie ther being onlie two for each pairtie As also in caice the coall belonging to the said William Brwce Should faill he obleidged him to Suffer the Said Complainer to make wse of the Sinks And accordinglie ther being one Sink Sett Downe at mutwall expensses which was Sufficient for workeing the complainers coall and Pitterthie apprehending it advantageous for his coall to sett downe a sink deeper the said Complainer according to the foirsaid contract was willing to pay two watermen and finding the water increasce and that the Setting Downe of the other Sink to his great prejudice He Did notwithstanding offer to furnish four men for Drawing water out of the Last Sink which Pitterthie refwised to accept of requyreing Six And the Said Complainer nether being obleidged or willing to affoord Soe great a number The Defender or others in his name and by his warrand did threatten the said Complainers watermen for working in the first Sink declaireing that they would violentlie remove them or throw them in the Sink And the said defender hath withdrawen his proportione of the watermen tho he be expresslie bownd to fwrnish the eqwall half soe long as the said first Sink is wsefull to aither And Still withdrawing his men Since the midle of November Jaj vic and nyntie Six wherby the Said Complainer is greatlie Damnified in als far as he is obleidged to Draw the water whollie upon his own charge and the water is so increasced that thrie of five roumes in the said Complainers coallhewghs are drouned which Dammadge will amownt to the Soume of […] for bygones besyde the daylie Damnadge of expensses for intertaineing of eight watermen And therfore the said William Brwce of Pitterthie owght and Should be decerned by the Lords of our privie Counsell ther Decreit not only to make payment to the said Complainer of the said Soume of […] of Damnadge for bygones And […] of Daylie Damnadge Since Syne and in tyme comeing But also to furnish one rqwall half of the water men that Shall be necessarie for Drawing of water owt of the said Sink So Long as the Same Shall be necessarie for the Said Complainers work or Sixpence per Diem and als much per noctem for each water man falling to the defenders Share which Shall not be truely furnished And owght and Should be otherwayes pwnished in his persone and goods to the example and terror of others to Doe the lyke in tyme comeing And anent the charge given to the said Defender to have compeared personallie befor the Saids Lords of privie Counsell at ane certaine day now bygone to have ansuered to the grounds of the above complaint And to have heard and Sein Such order and course taken theranent as the said Lords Should think fitt under the paine of rebellion etc As in the principall lybell or Letters of complaint and executiones therof at more Lenth is contained Which lybell being this day called in presence of the saids Lords of privie Counsell And the said John Corstorphin persuer Compeareing by mr Mungo Carnegie Advocat his procurator and the said William Brwce of Pitterthie Compareing personallie The saids Lords haveing considered the said lybell and heard both pairties They heirby of Consent of Both pairties have remitted and hereby remits the foirsaid lybell to be insisted in and persewed befor the Jwdge ordinarie via ordinaria and to be discust and determined by them

Att Edinburgh the Eleventh Day of Febrwary Jaj vic nyntie seven yeirs

D1697/2/121

Procedure: judicial proceedings

Remit Carstarphine against Brwce

Anent the lybell or Letters of Complaint raised and perswed befor the Lords of his majesties privie Counsell at the instance of John Corstorphine yownger of Nydie with concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater wnderwrittin Mentioning That Forasmuch as the preserveing and mentaineing of Coallwork is of publict interest and concerne in which the Lords of our privie Counsell are in wse to interpose Summarlie for mentaineing of all contracts and partiones tending to the carying on of Such publict works And true that by contract of the date the Second day of August Jaj vic nyntie five betuixt William Brwce of Pitterthie and the complainer It was agried that they Should Sett doun one water sink and pay the expenss eqwallie wherby they are bound that als Long as aither of ther coallhewghs Should Last and the said wall sink Should serve for aither of ther benefites that the water men Should be payed eqwallie betuixt them and that if any of them Should Sett Downe ane other Sink Deeper the pairtie who desyres the Same Should Doe it upon his propper charges And if it Should happen the said other coallsink to dry and benefite aither pairtie Both became obleidged to pay watermen equallie ther being onlie two for each pairtie As also in caice the coall belonging to the said William Brwce Should faill he obleidged him to Suffer the Said Complainer to make wse of the Sinks And accordinglie ther being one Sink Sett Downe at mutwall expensses which was Sufficient for workeing the complainers coall and Pitterthie apprehending it advantageous for his coall to sett downe a sink deeper the said Complainer according to the foirsaid contract was willing to pay two watermen and finding the water increasce and that the Setting Downe of the other Sink to his great prejudice He Did notwithstanding offer to furnish four men for Drawing water out of the Last Sink which Pitterthie refwised to accept of requyreing Six And the Said Complainer nether being obleidged or willing to affoord Soe great a number The Defender or others in his name and by his warrand did threatten the said Complainers watermen for working in the first Sink declaireing that they would violentlie remove them or throw them in the Sink And the said defender hath withdrawen his proportione of the watermen tho he be expresslie bownd to fwrnish the eqwall half soe long as the said first Sink is wsefull to aither And Still withdrawing his men Since the midle of November Jaj vic and nyntie Six wherby the Said Complainer is greatlie Damnified in als far as he is obleidged to Draw the water whollie upon his own charge and the water is so increasced that thrie of five roumes in the said Complainers coallhewghs are drouned which Dammadge will amownt to the Soume of […] for bygones besyde the daylie Damnadge of expensses for intertaineing of eight watermen And therfore the said William Brwce of Pitterthie owght and Should be decerned by the Lords of our privie Counsell ther Decreit not only to make payment to the said Complainer of the said Soume of […] of Damnadge for bygones And […] of Daylie Damnadge Since Syne and in tyme comeing But also to furnish one rqwall half of the water men that Shall be necessarie for Drawing of water owt of the said Sink So Long as the Same Shall be necessarie for the Said Complainers work or Sixpence per Diem and als much per noctem for each water man falling to the defenders Share which Shall not be truely furnished And owght and Should be otherwayes pwnished in his persone and goods to the example and terror of others to Doe the lyke in tyme comeing And anent the charge given to the said Defender to have compeared personallie befor the Saids Lords of privie Counsell at ane certaine day now bygone to have ansuered to the grounds of the above complaint And to have heard and Sein Such order and course taken theranent as the said Lords Should think fitt under the paine of rebellion etc As in the principall lybell or Letters of complaint and executiones therof at more Lenth is contained Which lybell being this day called in presence of the saids Lords of privie Counsell And the said John Corstorphin persuer Compeareing by mr Mungo Carnegie Advocat his procurator and the said William Brwce of Pitterthie Compareing personallie The saids Lords haveing considered the said lybell and heard both pairties They heirby of Consent of Both pairties have remitted and hereby remits the foirsaid lybell to be insisted in and persewed befor the Jwdge ordinarie via ordinaria and to be discust and determined by them

1. NRS, PC2/26, 332r-333v.

1. NRS, PC2/26, 332r-333v.

Sederunt, 11 February 1697, Edinburgh

Posted on by

Att Edinburgh the Eleventh Day of Febrwary Jaj vic nyntie seven yeirs1

D1697/2/112

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forffar; Lord Yester; Lord John Hamiltown; Viscount Tiviot; Lord Montgomery; Lord Raith; Lord Belhaven; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Justiceclerk; Lord Hallcraig; Laird of Pollock; Laird of Ballhousie

Att Edinburgh the Eleventh Day of Febrwary Jaj vic nyntie seven yeirs1

D1697/2/112

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forffar; Lord Yester; Lord John Hamiltown; Viscount Tiviot; Lord Montgomery; Lord Raith; Lord Belhaven; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Justiceclerk; Lord Hallcraig; Laird of Pollock; Laird of Ballhousie

1. NRS, PC2/26, 332r.

2. NRS, PC2/26, 332r.

1. NRS, PC2/26, 332r.

2. NRS, PC2/26, 332r.

Order, 9 February 1697, Edinburgh

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Att Edinburgh the nynth day of Febrwarie Jaj vic Nyntie Seven yeirs

D1697/2/101

Order

Remit Agnes Simpsone

Anent the petitione given in to the Lords of his majesties privie Counsell be Agnes Simpsone relict of Mr Thomas Forrester minister at Kincardin Shewing That wher the petitioner haveing ane former act of ther Lordships in her favors the nynth day of Janwary Jaj vic nyntie Six yeirs to ane whole yeirs vaccand Stipend of the paroch of Lockrie for the yeir of God Jaj vic nyntie five yeirs And ther being ane minister in the said paroch wnknowen to ther Lordships who hath receaved the half of the said yeir which is testified by ane lyne wnder the minister his hand By which ther Lordships petitioner hath bein at great expensses and charges in debaiteing of the Samen And Likewayes by ane other act of ther Lordships in the petitioners favoures to the Stipend of the paroch of Kincardine for the yeir Jaj vic nyntie four which was recalled by ther Lordships efter that the petitioner had expended her whole Living upon recovering of the said act All which hath now redacted the petitioner to greate penwrie And by this great and Long continweing Death is lyke to bereave the said petitioner and her great and numerows familie of ther Lives for want of bread and other necessaries for ther bodies without remedie be provided therto And therfor humbly craveing to the effect eftermentioned As the said petitione bears which being this day red and considered be The saids Lords of his majesties privie Counsell They heirby remitt to the Lords Comissioners of his majesties Thesaurie to consider the said petitione and to Doe therin as ther Lordships shall find Jwst

Att Edinburgh the nynth day of Febrwarie Jaj vic Nyntie Seven yeirs

D1697/2/101

Order

Remit Agnes Simpsone

Anent the petitione given in to the Lords of his majesties privie Counsell be Agnes Simpsone relict of Mr Thomas Forrester minister at Kincardin Shewing That wher the petitioner haveing ane former act of ther Lordships in her favors the nynth day of Janwary Jaj vic nyntie Six yeirs to ane whole yeirs vaccand Stipend of the paroch of Lockrie for the yeir of God Jaj vic nyntie five yeirs And ther being ane minister in the said paroch wnknowen to ther Lordships who hath receaved the half of the said yeir which is testified by ane lyne wnder the minister his hand By which ther Lordships petitioner hath bein at great expensses and charges in debaiteing of the Samen And Likewayes by ane other act of ther Lordships in the petitioners favoures to the Stipend of the paroch of Kincardine for the yeir Jaj vic nyntie four which was recalled by ther Lordships efter that the petitioner had expended her whole Living upon recovering of the said act All which hath now redacted the petitioner to greate penwrie And by this great and Long continweing Death is lyke to bereave the said petitioner and her great and numerows familie of ther Lives for want of bread and other necessaries for ther bodies without remedie be provided therto And therfor humbly craveing to the effect eftermentioned As the said petitione bears which being this day red and considered be The saids Lords of his majesties privie Counsell They heirby remitt to the Lords Comissioners of his majesties Thesaurie to consider the said petitione and to Doe therin as ther Lordships shall find Jwst

1. NRS, PC2/26, 331v-332r.

1. NRS, PC2/26, 331v-332r.

Act, 9 February 1697, Edinburgh

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Att Edinburgh the nynth day of Febrwarie Jaj vic Nyntie Seven yeirs

D1697/2/91

Act

Act Craigie of Gairsey

Anent the petitione given in to the Lords of his majesties privie Cownsell be Sir William Craigie of Gairsey Shewing that wher ther haveing bein a contract of wodsett betuixt the deceast Moddie of Melsetter and his deceast Grandgather Wherby for the Soume of Nyn Thowsand merks, Mellsetter dispones in wodsett to his said grandfather certaine Lands and teinds in the Island of Walls with a backtack wnder reversione, as the said contract beareing date in the yeir Jaj vic threttie eight bears The petitioner was necessitat upon Mellsetters not payment of the backtack Dwetie to raise declarator befor the Lords wherupon he also obtained a decreit in February Jaj vic eightie eight finding the irritancie incurred and that the petitioner might Sumarlie enter into the possessione without any wairneing Therefter in the yeir Jaj vic nyntie ane the petitioner Led ane adjudicatione of Mellsetters whole Lands And efter that Mellsetter had raised a reductione of the saids decreits and given in a bill of Suspensione The Lords upon the eighteen of Februarie Jaj vic nyntie two found the Letters orderlie proceeded But wher the petitioner sent messengers to the said Island to arreast the rents Mellsetter with his complices did violentlie fall upon the messenger and wittnesses and barbarowselie beate and brwised and Drove them out of the Island For which the petitioner haveing raised Letters befor ther Lordships and Sent new messingers to execute them they had no better fate But efter haveing bein worse beatten and brwised then befor were necessitat to returne the infecta When the petitioner represented these violences to ther Lordships Ther Lordships were pleased to give him new Letters to cite them at the mercat cross of Kirkwall ther not being tutus accessws otherwayes Which Mellsetter getting notice of then his freinds interposed and brought them to a new agriement wherby the petitioner was to have the possessione of the whole estate by a confident intrusted who was obleidged first to pay the Superiors dweties then to pay the petitioner the annwal rent of his accumulat Soumes And therefter the annualrents of other creditors allowing to Mellsetter and aliment owt of the remainder But thowgh this agriement was made in September Jaj vic nyntie thrie Mellsetter hath observed no pairt therof But by himself and his Sones possessors all without regaird aither to the petitioner or his creditors And furder he keepes in the Island two Hundereth Stand of armes for which he hath almost at his command the lyke number of men So that upon the Least apperance of any Landing ther for legall dilligence he hath imediatlie a formidable company readie to resist them and these being for the most pairt rebells are so Desperat that noe messinger Dare adventure to sett his foot in the Island But they are imediatlie brwised beatt and in Danger of ther lives by the said Mellsetter and his accomplices And he hes not only2 comitted the foirsaid gross deforcements and crymes to the open and manifest contempt of the Law and the great prejudice and Loss of the petitioner But alsoe upon the Sixtein day of december Last the petitioner haveing Sent a Sumonds of reductione and improbatione to have bein execute against the Saids Mellsetters yownger and elder and also Sumonds of maills and Dweties against the tennents The Said Mellsetter his accomplices and Servants did inhwmanelie beatt Thomas Amerson the messenger and Thomas Andersone and John Gordon wittnesses who were Sent along with the Said messenger (for executeing the saids Dilligences) to the house of Mellsetter And did by violence Shwtt up the saids wittnesses into a Locked barne untill they Drove the messenger away from the said house And therefter they Lett owt the wittnesses and did beatt and maletreat them efter the Same maner And efter that both messenger and wittnesses had Done ther wtmost by Slight to make ther escape they persewed them with the number of Six horse men and four foot all armed men into the verie border of the Island and Did ther again beatt both messenger and wittnesses and beatt and Drove them qwite owt therof As appears by the executione of deforcement wnder the said messenger and wittnesses ther hands And thws not onlie the King as Superior and the foirsaids creditors are frwstrat of all payments But his majesties awthoritie contemned and the executione of his Lawes contained in a most insolent and rebelliows maner And Seing that the foirsaid Disorder and violence is whollie Singwlar and wnaccomptable in any civill government And that the petitioner can expect no releiff or remedie except from ther Lordships authoritie and assistance As the said petitione bears The Saids Lords of his majesties privie Counsell haveing considered the above petitione and ansuers therto by William Moodie of Mellsetter with ane other petitione for Gairsey by way of reply to Mellsetters ansuers They heirby give order and warrand to the Stewart of Orkney and his deputs to furnish and assist the petitioner Such a competent number of men Sufficientlie armed as he Shall requyre or as Shall be Sufficient for putting the Lawes in executione and for executeing of any Legall dilligence at his instance against the said William Mudie of Mellsetter upon the petitioners own propper charges and expensses

Att Edinburgh the nynth day of Febrwarie Jaj vic Nyntie Seven yeirs

D1697/2/91

Act

Act Craigie of Gairsey

Anent the petitione given in to the Lords of his majesties privie Cownsell be Sir William Craigie of Gairsey Shewing that wher ther haveing bein a contract of wodsett betuixt the deceast Moddie of Melsetter and his deceast Grandgather Wherby for the Soume of Nyn Thowsand merks, Mellsetter dispones in wodsett to his said grandfather certaine Lands and teinds in the Island of Walls with a backtack wnder reversione, as the said contract beareing date in the yeir Jaj vic threttie eight bears The petitioner was necessitat upon Mellsetters not payment of the backtack Dwetie to raise declarator befor the Lords wherupon he also obtained a decreit in February Jaj vic eightie eight finding the irritancie incurred and that the petitioner might Sumarlie enter into the possessione without any wairneing Therefter in the yeir Jaj vic nyntie ane the petitioner Led ane adjudicatione of Mellsetters whole Lands And efter that Mellsetter had raised a reductione of the saids decreits and given in a bill of Suspensione The Lords upon the eighteen of Februarie Jaj vic nyntie two found the Letters orderlie proceeded But wher the petitioner sent messengers to the said Island to arreast the rents Mellsetter with his complices did violentlie fall upon the messenger and wittnesses and barbarowselie beate and brwised and Drove them out of the Island For which the petitioner haveing raised Letters befor ther Lordships and Sent new messingers to execute them they had no better fate But efter haveing bein worse beatten and brwised then befor were necessitat to returne the infecta When the petitioner represented these violences to ther Lordships Ther Lordships were pleased to give him new Letters to cite them at the mercat cross of Kirkwall ther not being tutus accessws otherwayes Which Mellsetter getting notice of then his freinds interposed and brought them to a new agriement wherby the petitioner was to have the possessione of the whole estate by a confident intrusted who was obleidged first to pay the Superiors dweties then to pay the petitioner the annwal rent of his accumulat Soumes And therefter the annualrents of other creditors allowing to Mellsetter and aliment owt of the remainder But thowgh this agriement was made in September Jaj vic nyntie thrie Mellsetter hath observed no pairt therof But by himself and his Sones possessors all without regaird aither to the petitioner or his creditors And furder he keepes in the Island two Hundereth Stand of armes for which he hath almost at his command the lyke number of men So that upon the Least apperance of any Landing ther for legall dilligence he hath imediatlie a formidable company readie to resist them and these being for the most pairt rebells are so Desperat that noe messinger Dare adventure to sett his foot in the Island But they are imediatlie brwised beatt and in Danger of ther lives by the said Mellsetter and his accomplices And he hes not only2 comitted the foirsaid gross deforcements and crymes to the open and manifest contempt of the Law and the great prejudice and Loss of the petitioner But alsoe upon the Sixtein day of december Last the petitioner haveing Sent a Sumonds of reductione and improbatione to have bein execute against the Saids Mellsetters yownger and elder and also Sumonds of maills and Dweties against the tennents The Said Mellsetter his accomplices and Servants did inhwmanelie beatt Thomas Amerson the messenger and Thomas Andersone and John Gordon wittnesses who were Sent along with the Said messenger (for executeing the saids Dilligences) to the house of Mellsetter And did by violence Shwtt up the saids wittnesses into a Locked barne untill they Drove the messenger away from the said house And therefter they Lett owt the wittnesses and did beatt and maletreat them efter the Same maner And efter that both messenger and wittnesses had Done ther wtmost by Slight to make ther escape they persewed them with the number of Six horse men and four foot all armed men into the verie border of the Island and Did ther again beatt both messenger and wittnesses and beatt and Drove them qwite owt therof As appears by the executione of deforcement wnder the said messenger and wittnesses ther hands And thws not onlie the King as Superior and the foirsaids creditors are frwstrat of all payments But his majesties awthoritie contemned and the executione of his Lawes contained in a most insolent and rebelliows maner And Seing that the foirsaid Disorder and violence is whollie Singwlar and wnaccomptable in any civill government And that the petitioner can expect no releiff or remedie except from ther Lordships authoritie and assistance As the said petitione bears The Saids Lords of his majesties privie Counsell haveing considered the above petitione and ansuers therto by William Moodie of Mellsetter with ane other petitione for Gairsey by way of reply to Mellsetters ansuers They heirby give order and warrand to the Stewart of Orkney and his deputs to furnish and assist the petitioner Such a competent number of men Sufficientlie armed as he Shall requyre or as Shall be Sufficient for putting the Lawes in executione and for executeing of any Legall dilligence at his instance against the said William Mudie of Mellsetter upon the petitioners own propper charges and expensses

1. NRS, PC2/26, 330r-331v.

2. Insertion.

1. NRS, PC2/26, 330r-331v.

2. Insertion.

Sederunt, 9 February 1697, Edinburgh

Posted on by

Att Edinburgh the nynth day of Febrwarie Jaj vic Nyntie Seven yeirs1

D1697/2/82

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Argyll; Earl of Morton; Earl of Annandale; Earl of Forffar; Lord Yester; Lord John Hamilton; Viscount Tiviot; Lord Montgomery; Lord Raith; Lord Belhaven; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomery; Laird of Pollock; Laird of Blackbarrony; Laird of Cessnock; Proveist of Edinburgh

Att Edinburgh the nynth day of Febrwarie Jaj vic Nyntie Seven yeirs1

D1697/2/82

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Argyll; Earl of Morton; Earl of Annandale; Earl of Forffar; Lord Yester; Lord John Hamilton; Viscount Tiviot; Lord Montgomery; Lord Raith; Lord Belhaven; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomery; Laird of Pollock; Laird of Blackbarrony; Laird of Cessnock; Proveist of Edinburgh

1. NRS, PC2/26, 330r.

2. NRS, PC2/26, 330r.

1. NRS, PC2/26, 330r.

2. NRS, PC2/26, 330r.

Warrant, 4 February 1697, Edinburgh

Posted on by

Att Edinburgh the fourth day of February Jaj vic nyntie seven yeirs

D1697/2/71

Warrant

Warrand for receaveing Kinaird and Blackwood Cautioners for the Earle of Aboyne

The Lords of his majesties privie Cownsell Doe hereby allow ther clerks to receave Mr George Kinaird brother jerman to the Lord Kinaird and James Blackwood merchand burges of Edinburgh Son to Mr Robert Blackwood merchant burges ther conjunct Cautioners for Charles Earle of Aboyn in the bond to be granted be his Lordship for his peaceable behaviour and appearance when called for

Att Edinburgh the fourth day of February Jaj vic nyntie seven yeirs

D1697/2/71

Warrant

Warrand for receaveing Kinaird and Blackwood Cautioners for the Earle of Aboyne

The Lords of his majesties privie Cownsell Doe hereby allow ther clerks to receave Mr George Kinaird brother jerman to the Lord Kinaird and James Blackwood merchand burges of Edinburgh Son to Mr Robert Blackwood merchant burges ther conjunct Cautioners for Charles Earle of Aboyn in the bond to be granted be his Lordship for his peaceable behaviour and appearance when called for

1. NRS, PC2/26, 329r-329v.

1. NRS, PC2/26, 329r-329v.

Procedure: judicial proceeding, 4 February 1697, Edinburgh

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Att Edinburgh the fourth day of February Jaj vic nyntie seven yeirs

D1697/2/61

Procedure: judicial proceeding

Remitt Mr John Wattson

Anent the petitione given in to the Lords of his majesties privie Counsell be Mr John Wattsone minister att Dwndie Shewing That wher the petitioner haveing wndoubted right to the Stipend of the paroch of Blackfoord from one half yeir from whitsonday to Michaelmise Jaj vic eightie nyn by ther Lordships act Dated the twelve day of Jully Jaj vic and nyntie And the heretors of the said paroch being charged to make payment therof they have raised Suspensione befor ther Lordships upon pretence that the said Stipend was gifted by the patron the Viscount the Viscount2 of Strathallan to Mr David Murray Late episcopall incumbant ther And that they were Likewayes charged at his instance for the same And seing it is a point of right that falleth to be qwestioned betuixt Mr David Murray and the petitioner which conseqwentlie may be propperlie determined by the Lords of Sessione in caise ther Lordships shall think fitt to remit the Samen to them As the said petitione bears bears3 The saids Lords of his majesties privie Counsell haveing considered the above petition They hereby remit to the Lords of Sessione the above Suspensione befor the Counsell upon the competitione betuixt the above Mr David Murray and the petitioner to be Summarlie discust by the saids Lords of Counsell and Sessione conforme to the act of parliament

Att Edinburgh the fourth day of February Jaj vic nyntie seven yeirs

D1697/2/61

Procedure: judicial proceeding

Remitt Mr John Wattson

Anent the petitione given in to the Lords of his majesties privie Counsell be Mr John Wattsone minister att Dwndie Shewing That wher the petitioner haveing wndoubted right to the Stipend of the paroch of Blackfoord from one half yeir from whitsonday to Michaelmise Jaj vic eightie nyn by ther Lordships act Dated the twelve day of Jully Jaj vic and nyntie And the heretors of the said paroch being charged to make payment therof they have raised Suspensione befor ther Lordships upon pretence that the said Stipend was gifted by the patron the Viscount the Viscount2 of Strathallan to Mr David Murray Late episcopall incumbant ther And that they were Likewayes charged at his instance for the same And seing it is a point of right that falleth to be qwestioned betuixt Mr David Murray and the petitioner which conseqwentlie may be propperlie determined by the Lords of Sessione in caise ther Lordships shall think fitt to remit the Samen to them As the said petitione bears bears3 The saids Lords of his majesties privie Counsell haveing considered the above petition They hereby remit to the Lords of Sessione the above Suspensione befor the Counsell upon the competitione betuixt the above Mr David Murray and the petitioner to be Summarlie discust by the saids Lords of Counsell and Sessione conforme to the act of parliament

1. NRS, PC2/26, 329r-329v.

2. Sic.

3. Sic.

1. NRS, PC2/26, 329r-329v.

2. Sic.

3. Sic.

Sederunt, 4 February 1697, Edinburgh

Posted on by

Att Edinburgh the fourth day of February Jaj vic nyntie seven yeirs1

D1697/2/52

Sederunt

Lord Chancellor; Earl of Mellvill; Earl of Leven; Earl of Annandale; Earl of Forffar; Lord Yester; Lord John Hamilton; Viscount Tiviot; Lord Montgomery; Lord Raith; Lord Carmichael; Lord Ruthven; Lord Justice Clerk; Lord Hallcraige; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomery; Laird of Pollock; Laird of Blackbarrony

Att Edinburgh the fourth day of February Jaj vic nyntie seven yeirs1

D1697/2/52

Sederunt

Lord Chancellor; Earl of Mellvill; Earl of Leven; Earl of Annandale; Earl of Forffar; Lord Yester; Lord John Hamilton; Viscount Tiviot; Lord Montgomery; Lord Raith; Lord Carmichael; Lord Ruthven; Lord Justice Clerk; Lord Hallcraige; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomery; Laird of Pollock; Laird of Blackbarrony

1. NRS, PC2/26, 329r.

2. NRS, PC2/26, 329r.

1. NRS, PC2/26, 329r.

2. NRS, PC2/26, 329r.