Tag Archives: February

Act, 2 February 1697, Edinburgh

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Att Edinburgh the Second day of Febrwary Jaj vic nyntie Seven yeirs

D1697/2/41

Act

Act Magistrats of Edinburgh anent whores

Anent the petitione given in to the Lords of his majesties privie Cownsell be The magistrats of Edinburgh Shewing That wher ther are severall whores and theeves and other Lowse and vagrant persones lying ther prisoners and haveing called befor them the persones following viz Margaret Taillzer Barbura Donaldsone Jennet Campbell, Barbara Hutton, Jean Mein Margaret Byres Mase Willsone and Elizabeth Creichtoune Comoune whores and theeves As also these following Boyes viz James Ross George Robertsone John Rwssell and James Browne all comoune theeves and haveing interrogat them whither or not they would consent frielie to ther own banishment furth of this kingdome and goe to this majesties plantationes in America They one and all of them frielie and wnanimouselie consented So to Doe As ane testificat Subscribed be Baillie Miller one of ther number therwith produced testifies As the said petitione bears which being this day red and considered be the saids Lords of privie Counsell They heirby banishes all the woemen contained in this petitione to his majesties plantationes in America And also banishes the four boyes mentioned in the said petitione to the said plantatione wnles the Lord Viscount of Tiviot comander in cheiff of his majesties forces with in this kingdome shall engadge any of the saids boyes for his majesties service in Flanders and Shall mentaine these boyes efter he engadges them And ordaines the woemen and boyes foirsaids except as above excepted to be Shipped aboard the first Shipp that Shall be goeing to his majesties said plantationes And discharges the saids woemen and boyes at any tyme herefter to returne to his majesties Dominions wnder all highest paines that efter may follow The saids magistrats of Edinburgh allwayes befor uptracting heirof produceing to the clerks of privie Counsell a consent under the hands of such of the saids woemen and boyes as can write ther own names and under the hand of the towne clerk or his depute and one of the baillies of Edinburgh for Such of them as cannot write themselvs.

Att Edinburgh the Second day of Febrwary Jaj vic nyntie Seven yeirs

D1697/2/41

Act

Act Magistrats of Edinburgh anent whores

Anent the petitione given in to the Lords of his majesties privie Cownsell be The magistrats of Edinburgh Shewing That wher ther are severall whores and theeves and other Lowse and vagrant persones lying ther prisoners and haveing called befor them the persones following viz Margaret Taillzer Barbura Donaldsone Jennet Campbell, Barbara Hutton, Jean Mein Margaret Byres Mase Willsone and Elizabeth Creichtoune Comoune whores and theeves As also these following Boyes viz James Ross George Robertsone John Rwssell and James Browne all comoune theeves and haveing interrogat them whither or not they would consent frielie to ther own banishment furth of this kingdome and goe to this majesties plantationes in America They one and all of them frielie and wnanimouselie consented So to Doe As ane testificat Subscribed be Baillie Miller one of ther number therwith produced testifies As the said petitione bears which being this day red and considered be the saids Lords of privie Counsell They heirby banishes all the woemen contained in this petitione to his majesties plantationes in America And also banishes the four boyes mentioned in the said petitione to the said plantatione wnles the Lord Viscount of Tiviot comander in cheiff of his majesties forces with in this kingdome shall engadge any of the saids boyes for his majesties service in Flanders and Shall mentaine these boyes efter he engadges them And ordaines the woemen and boyes foirsaids except as above excepted to be Shipped aboard the first Shipp that Shall be goeing to his majesties said plantationes And discharges the saids woemen and boyes at any tyme herefter to returne to his majesties Dominions wnder all highest paines that efter may follow The saids magistrats of Edinburgh allwayes befor uptracting heirof produceing to the clerks of privie Counsell a consent under the hands of such of the saids woemen and boyes as can write ther own names and under the hand of the towne clerk or his depute and one of the baillies of Edinburgh for Such of them as cannot write themselvs.

1. NRS, PC2/26, 328v-329r.

1. NRS, PC2/26, 328v-329r.

Decreet, 2 February 1697, Edinburgh

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Att Edinburgh the Second day of Febrwary Jaj vic nyntie Seven yeirs

D1697/2/31

Decreet

Decreit Jack Against Patersone

Anent the bill of Suspensione given in and presented to the Lords of his majesties privie Counsell at the instance of James Patersone of Biggersheills Andrew Taillfer and William Watsone in Westrae George Kello in Carrwood John Threipland in Spitle and John Willsone in Toft Cames Against Mr William Jack Late minister at Bigger Shewing That wher they are charged be vertue of Letters of horneing raised at the said Mr William Jacks instance to make payment to him of ther respective proportiones of Stipend wnderurittin payable furth of the Lands and others possest be them Cropt and yeir of God Jaj vic nyntie one yeirs Viz the said James Patersone of the Soume of Ane Hundereth merks Scotts money the saids Andrew Taillfer and William Watsone of the numbers and qwantitie of Fifftein bolls good and Sufficient Victwall two pairt meall and third pairt bear Linlithgow measure Item the said George Kello of the Soume of Fifftie merks Scotts Item the said John Threipland of the Soume of twentie merks Scotts money And the said John Willsone of the number and qwantitie of Four bolls victwall good and Sufficient of the mett and measure of Linlithgow wherof two pairt meall and third pairt bear Contained in ane Decreit of Localitie obtained befor the Commissioners of parliament for Surrender of teinds at the instance of Mr Alexander Livingstowne then minister at Bigger against the Earle of Wigtowne and others dated the threttein day of Febrwarie Jaj vic and Fifftie yeirs and ther Lordships act of Counsell in favoures of the said charger Dated the twentie eight of Jwne Jaj vic nyntie two years within ane certaine Short Space under the paine of rebellion and putting of them to the horne Most wrongouslie and wnjustlie Considering it is of veritie that the foirsaid charge is most growndles and wnjust in So farr as they allwayes being in wse to make payment of ther proportiones of teind and Stipend to the Earle of Wigtowne his chamberlands who constantlie payed the ministers without any more trouble Did make payment of the proportiones of teind and Stipend charged for to Alexander Wardlaw baillie to the Earle of Wigtowne and procured his discharges therof Long befor any act in the chargers favoures as the severall recepts granted to them therwith produced bears And which soe will consists with the chargers own knowledge that though he served the cure amongst them thrie yeirs efter he never so much as qwarrelled the said payment But receaved his thrie yeirs Stipend and granted Discharges therof verie pleaseantlie As the discharges produced bears which in Law is presumed Satisfactione for all preceedeings And it is thought Strange with what confidence this charger can now trouble them for that pairt of the vaccant Stipend which he knowes was bona fide payed by them to the chamberland to the Earle of Wigtowne wndoubted patron of the paroch kirk of Biggar and imployed by him for piows uses uithin the paroch Conforme to the act of parliament Viz The reparatione of the kirk of Biggar and manse which was then almost rwinous And which act of Counsell could never have bein obtained at this chargers instance upon any other accompt then for reparatione of the kirk and Manse or some other piows wses within the paroch and which ther Lordships were so Jwst as to burden his act with Soe that he can never pretend any Damnadge Seing what Stipend was payed was imployed that Same way And he had bwt Litle Left to him to doe owt of the whole remainder of the said Stipend that he uplifted Sot that the said charger owght to be So farr from molesting them for that pairt of the vaccant Stipend he knowes to be So well imployed and which he never could have right to that he owght to hold accompt to the patron for the Superplus of what Stipend he uplifted be vertue of the said act more then compleated the reparatione of the said kirk and manse and that the samen may be yet imployed upon other piows wses within the paroch In respect of all which the foirsaids Letters ought to be Suspended without cautione or consignatione Nevertheles they are content to find cautione As the said bill of Suspensione at more length bears which bill of Suspensione being read in presence of the saids Lords of privie Cownsell they Sisted executione theron till ane certaine day and allowed the charger to Sie and ansuer the Same And the said charger haveing taken up the said bill to Sie Gave in ansuers therto And the said bill and ansuers being both upon the nynth Say of Jully Jaj vic nyntie Six read in presence of the Saids Lords of privie Counsell and both pairties being called the Said James Patersone and remanent persones Suspenders Compeareing be Sir Patrick Home his majesties Sollicitor as ther advocat And the said Mr William Jack charger Compeareing be Sir James Stewart his majesties advocat And both pairties Lawiers being fullie heard and the Counsell haveing considered the writes prodwced for aither pairtie the saids Lords Fand it relevant to be proven by the said Mr William Jack charger his oath of veritie Simpliciter that he promised to the Earle of Wigtownes freinds that he Should not trouble any of the Earles tennents of his own Lands for any pairt of the Stipend And ordained the tenents Suspenders to give ther oaths that they actwallie made payment of the Soumes contained in the discharges produced befor they were charged to make payment of the Soumes charged for to the said Mr William Jack charger and assigned ane certaine day to both the charger and Suspenders to have compeared and Deponed upon the points foirsaid with certification etc Efter elapseing of the which day assigned to both pairties to have Deponed as said is Compeared the said Mr William Jack charger in presence of The Lord Carmichael one of the Saids Lords of privie Counsell And being Solemnly Sworne interrogat and examined upon his great oath Depones and declaires that he never made any Such promise and that the Same was never So much as requyred by any persone whatsoever And Declaires and depones that what he hes said is trwth as he Shall ansuer to God which oath and Depositione of the said Mr William Jack being this day at Lenth read and considered be the saids Lords of privie Counsell they find that the samen proves not the point fownd relevant to be proven therby And the saids Suspenders being this day often tymes called and give ther oaths upon the points wherupon the2 Should have Deponed they faillzed theruntill as was clearlie wnderstood to the Saids Lords And therfore they circumdwoed the terme against the saids Suspenders and held them as confest and gave and proununced ther Decreit and Sentance against them And fand the Letters orderlie proceeded at the chargers instance against the saids Suspenders for the Sowmes of money qwantities of victwall charged for contained in the foirsaid decreit charged on And ordains the Samen to take effect and be putt to furder executione efter the forme and tenor therof in all points And Superceeded the extracting of this Decreit till this Day eight dayes And if the Suspenders Should come betuixt and that tyme allowed ther oaths to be receaved which tyme being elapsed befor extracting heirof the Suspenders Compeared not

Att Edinburgh the Second day of Febrwary Jaj vic nyntie Seven yeirs

D1697/2/31

Decreet

Decreit Jack Against Patersone

Anent the bill of Suspensione given in and presented to the Lords of his majesties privie Counsell at the instance of James Patersone of Biggersheills Andrew Taillfer and William Watsone in Westrae George Kello in Carrwood John Threipland in Spitle and John Willsone in Toft Cames Against Mr William Jack Late minister at Bigger Shewing That wher they are charged be vertue of Letters of horneing raised at the said Mr William Jacks instance to make payment to him of ther respective proportiones of Stipend wnderurittin payable furth of the Lands and others possest be them Cropt and yeir of God Jaj vic nyntie one yeirs Viz the said James Patersone of the Soume of Ane Hundereth merks Scotts money the saids Andrew Taillfer and William Watsone of the numbers and qwantitie of Fifftein bolls good and Sufficient Victwall two pairt meall and third pairt bear Linlithgow measure Item the said George Kello of the Soume of Fifftie merks Scotts Item the said John Threipland of the Soume of twentie merks Scotts money And the said John Willsone of the number and qwantitie of Four bolls victwall good and Sufficient of the mett and measure of Linlithgow wherof two pairt meall and third pairt bear Contained in ane Decreit of Localitie obtained befor the Commissioners of parliament for Surrender of teinds at the instance of Mr Alexander Livingstowne then minister at Bigger against the Earle of Wigtowne and others dated the threttein day of Febrwarie Jaj vic and Fifftie yeirs and ther Lordships act of Counsell in favoures of the said charger Dated the twentie eight of Jwne Jaj vic nyntie two years within ane certaine Short Space under the paine of rebellion and putting of them to the horne Most wrongouslie and wnjustlie Considering it is of veritie that the foirsaid charge is most growndles and wnjust in So farr as they allwayes being in wse to make payment of ther proportiones of teind and Stipend to the Earle of Wigtowne his chamberlands who constantlie payed the ministers without any more trouble Did make payment of the proportiones of teind and Stipend charged for to Alexander Wardlaw baillie to the Earle of Wigtowne and procured his discharges therof Long befor any act in the chargers favoures as the severall recepts granted to them therwith produced bears And which soe will consists with the chargers own knowledge that though he served the cure amongst them thrie yeirs efter he never so much as qwarrelled the said payment But receaved his thrie yeirs Stipend and granted Discharges therof verie pleaseantlie As the discharges produced bears which in Law is presumed Satisfactione for all preceedeings And it is thought Strange with what confidence this charger can now trouble them for that pairt of the vaccant Stipend which he knowes was bona fide payed by them to the chamberland to the Earle of Wigtowne wndoubted patron of the paroch kirk of Biggar and imployed by him for piows uses uithin the paroch Conforme to the act of parliament Viz The reparatione of the kirk of Biggar and manse which was then almost rwinous And which act of Counsell could never have bein obtained at this chargers instance upon any other accompt then for reparatione of the kirk and Manse or some other piows wses within the paroch and which ther Lordships were so Jwst as to burden his act with Soe that he can never pretend any Damnadge Seing what Stipend was payed was imployed that Same way And he had bwt Litle Left to him to doe owt of the whole remainder of the said Stipend that he uplifted Sot that the said charger owght to be So farr from molesting them for that pairt of the vaccant Stipend he knowes to be So well imployed and which he never could have right to that he owght to hold accompt to the patron for the Superplus of what Stipend he uplifted be vertue of the said act more then compleated the reparatione of the said kirk and manse and that the samen may be yet imployed upon other piows wses within the paroch In respect of all which the foirsaids Letters ought to be Suspended without cautione or consignatione Nevertheles they are content to find cautione As the said bill of Suspensione at more length bears which bill of Suspensione being read in presence of the saids Lords of privie Cownsell they Sisted executione theron till ane certaine day and allowed the charger to Sie and ansuer the Same And the said charger haveing taken up the said bill to Sie Gave in ansuers therto And the said bill and ansuers being both upon the nynth Say of Jully Jaj vic nyntie Six read in presence of the Saids Lords of privie Counsell and both pairties being called the Said James Patersone and remanent persones Suspenders Compeareing be Sir Patrick Home his majesties Sollicitor as ther advocat And the said Mr William Jack charger Compeareing be Sir James Stewart his majesties advocat And both pairties Lawiers being fullie heard and the Counsell haveing considered the writes prodwced for aither pairtie the saids Lords Fand it relevant to be proven by the said Mr William Jack charger his oath of veritie Simpliciter that he promised to the Earle of Wigtownes freinds that he Should not trouble any of the Earles tennents of his own Lands for any pairt of the Stipend And ordained the tenents Suspenders to give ther oaths that they actwallie made payment of the Soumes contained in the discharges produced befor they were charged to make payment of the Soumes charged for to the said Mr William Jack charger and assigned ane certaine day to both the charger and Suspenders to have compeared and Deponed upon the points foirsaid with certification etc Efter elapseing of the which day assigned to both pairties to have Deponed as said is Compeared the said Mr William Jack charger in presence of The Lord Carmichael one of the Saids Lords of privie Counsell And being Solemnly Sworne interrogat and examined upon his great oath Depones and declaires that he never made any Such promise and that the Same was never So much as requyred by any persone whatsoever And Declaires and depones that what he hes said is trwth as he Shall ansuer to God which oath and Depositione of the said Mr William Jack being this day at Lenth read and considered be the saids Lords of privie Counsell they find that the samen proves not the point fownd relevant to be proven therby And the saids Suspenders being this day often tymes called and give ther oaths upon the points wherupon the2 Should have Deponed they faillzed theruntill as was clearlie wnderstood to the Saids Lords And therfore they circumdwoed the terme against the saids Suspenders and held them as confest and gave and proununced ther Decreit and Sentance against them And fand the Letters orderlie proceeded at the chargers instance against the saids Suspenders for the Sowmes of money qwantities of victwall charged for contained in the foirsaid decreit charged on And ordains the Samen to take effect and be putt to furder executione efter the forme and tenor therof in all points And Superceeded the extracting of this Decreit till this Day eight dayes And if the Suspenders Should come betuixt and that tyme allowed ther oaths to be receaved which tyme being elapsed befor extracting heirof the Suspenders Compeared not

1. NRS, PC2/26, 326v-328v.

2. Sic.

1. NRS, PC2/26, 326v-328v.

2. Sic.

Act, 2 February 1697, Edinburgh

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Att Edinburgh the Second day of Febrwary Jaj vic nyntie Seven yeirs

D1697/2/21

Act

Act James Hamilton

Anent the petitione given in to the Lords of his majesties privie Counsell be James Hamiltoune keeper of the Cannogate tollbwith Shewing That wheras ther Lordships appointed the petitioner to Sie and ansuer a complaint given in by Serjeant Ker complaining of the petitioners Detaineing him for his house Dwes contrair to ane Late act of ther Lordships Saying he is a recrwit goeing to Flanders The petitioner craves Libertie to make this Short ansuer to what is falselie said This gentleman Mr Ker was imprisoned by Major Generall Livingstowne now Viscount of Tiviot for assaulting Captain Lockhart upon the Street upon the Last day of March Jaj vic nyntie six Since which tyme the petitioner hes alimented him and yet never saw one farthing for his said aliment and now he sayes he will pay the petitioner his aliment But not one farthing Dwes And this he seeks of ther Lordships to be Sett at Libertie which the petitioner hopes ther Lordships will not grant till he be satisfied of his aliment and house Dues what is Jwst Because the petitioner hes no recomendatione to the Lords of Thesaurie for him And as for his being a recrwite it is bwt within this ten dayes that he hes consented to goe abroad So that if the petitioner be payed of his aliment and Dwes till that tyme he Shall have the benefite of a recrwite So the petitioner hopes ther Lordships will order him payment befor his Liberatione he is ingadged with one Lievetenent Clerk in Collonell Coalziers regiment The saids Lords of his majesties privie Counsell haveing considered the above petitione given in to them be the above James Hamiltowne They heirby remitt to The Lord Viscownt of Tiviot to consider the petitione and to Doe therin as he shall find Jwst And upon his Lordships modificatione of Serjeant Kers house Dwes And the Serjeants payment therof and of his aliment ordaines the Serjeant to be sett att Liberty Conforme to the former order of Cowncell

Att Edinburgh the Second day of Febrwary Jaj vic nyntie Seven yeirs

D1697/2/21

Act

Act James Hamilton

Anent the petitione given in to the Lords of his majesties privie Counsell be James Hamiltoune keeper of the Cannogate tollbwith Shewing That wheras ther Lordships appointed the petitioner to Sie and ansuer a complaint given in by Serjeant Ker complaining of the petitioners Detaineing him for his house Dwes contrair to ane Late act of ther Lordships Saying he is a recrwit goeing to Flanders The petitioner craves Libertie to make this Short ansuer to what is falselie said This gentleman Mr Ker was imprisoned by Major Generall Livingstowne now Viscount of Tiviot for assaulting Captain Lockhart upon the Street upon the Last day of March Jaj vic nyntie six Since which tyme the petitioner hes alimented him and yet never saw one farthing for his said aliment and now he sayes he will pay the petitioner his aliment But not one farthing Dwes And this he seeks of ther Lordships to be Sett at Libertie which the petitioner hopes ther Lordships will not grant till he be satisfied of his aliment and house Dues what is Jwst Because the petitioner hes no recomendatione to the Lords of Thesaurie for him And as for his being a recrwite it is bwt within this ten dayes that he hes consented to goe abroad So that if the petitioner be payed of his aliment and Dwes till that tyme he Shall have the benefite of a recrwite So the petitioner hopes ther Lordships will order him payment befor his Liberatione he is ingadged with one Lievetenent Clerk in Collonell Coalziers regiment The saids Lords of his majesties privie Counsell haveing considered the above petitione given in to them be the above James Hamiltowne They heirby remitt to The Lord Viscownt of Tiviot to consider the petitione and to Doe therin as he shall find Jwst And upon his Lordships modificatione of Serjeant Kers house Dwes And the Serjeants payment therof and of his aliment ordaines the Serjeant to be sett att Liberty Conforme to the former order of Cowncell

1. NRS, PC2/26, 325v-326r.

1. NRS, PC2/26, 325v-326r.

Sederunt, 2 February 1697, Edinburgh

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Att Edinburgh the Second day of Febrwary Jaj vic nyntie Seven yeirs1

D1697/2/12

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Argyll; Earl of Annandale; Earl of Forfar; Lord Yester; Lord John Hamiltoun; Viscount Tiviot; Lord Montgomery; Lord Raith; Lord Belhaven; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomery; Laird of Pollock; Laird of Blackbarrony; Laird of Stevenson; Proveist of Edinburgh

Att Edinburgh the Second day of Febrwary Jaj vic nyntie Seven yeirs1

D1697/2/12

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Argyll; Earl of Annandale; Earl of Forfar; Lord Yester; Lord John Hamiltoun; Viscount Tiviot; Lord Montgomery; Lord Raith; Lord Belhaven; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomery; Laird of Pollock; Laird of Blackbarrony; Laird of Stevenson; Proveist of Edinburgh

1. NRS, PC2/26, 325v.

2. NRS, PC2/26, 325v.

1. NRS, PC2/26, 325v.

2. NRS, PC2/26, 325v.

Warrant, 29 February 1696 (pm), Edinburgh

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Att Edinburgh the twentie nynth of February Jaj vic nyntie Six yeirs postmeridiem

D1696/2/391

Warrant

Warrand to transport Frazier and Shushan

The Lords of his majesties privie Cownsell Doe heirby give order and warrand to the magistrats of Dwmfreise to Deliver the persones of […] Frazier and […] Shushan to the Shirreff of Drumfreise to be by him conveyed under a sufficient gwaird and delyvered to the Shireff of the next Shyre And appoints the saids two persones to be soe transported from Shirreff to Shirreff wnder Sufficient gwairds untill they come to the towne of Edinburgh And then to be delivered to the magistrats therof whom The Counsell Does appoint to comitt to ther tollbwith and detaine them prisoners therin untill furder order from the Counsell

Att Edinburgh the twentie nynth of February Jaj vic nyntie Six yeirs postmeridiem

D1696/2/391

Warrant

Warrand to transport Frazier and Shushan

The Lords of his majesties privie Cownsell Doe heirby give order and warrand to the magistrats of Dwmfreise to Deliver the persones of […] Frazier and […] Shushan to the Shirreff of Drumfreise to be by him conveyed under a sufficient gwaird and delyvered to the Shireff of the next Shyre And appoints the saids two persones to be soe transported from Shirreff to Shirreff wnder Sufficient gwairds untill they come to the towne of Edinburgh And then to be delivered to the magistrats therof whom The Counsell Does appoint to comitt to ther tollbwith and detaine them prisoners therin untill furder order from the Counsell

1. NRS, PC2/26, 143r.

1. NRS, PC2/26, 143r.

1. NRS, PC2/26, 143r.

1. NRS, PC2/26, 143r.

Sederunt, 29 February 1696 (pm), Edinburgh

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Att Edinburgh the twentie nynth of February Jaj vic nyntie Six yeirs postmeridiem

D1696/2/382

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Lawderdale; Earl of Kintore; Lord Raith; Lord Carmichael; Lord Polwarth; Lord Justice Clerk; Lord Anstruther; Laird of Blackbarronie; Laird of Pollock; Sir Thomas Livingstone; Proveist of Edinburgh

Att Edinburgh the twentie nynth of February Jaj vic nyntie Six yeirs postmeridiem

D1696/2/382

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Lawderdale; Earl of Kintore; Lord Raith; Lord Carmichael; Lord Polwarth; Lord Justice Clerk; Lord Anstruther; Laird of Blackbarronie; Laird of Pollock; Sir Thomas Livingstone; Proveist of Edinburgh

2. NRS, PC2/26, 143r.

2. NRS, PC2/26, 143r.

Judicial Proceeding, 27 February 1696, Edinburgh

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Att Edinburgh the twentie Seventh day of Febrwary Jaj vic nyntie Six yeirs

D1696/2/371

Judicial Proceeding

Remitt two Lybells The Lady Dumbaith

The Lords of his majesties privie Counsell Haveing considered both lybells principall and additionall at the instance of Elizabeth Sinclair relict of the deceast William Sinclair of Dumbaith with concurse of Sir James Stewart his majesties Advocat for his majesties interest in the mater lybelled They heirby remitt both Lybells forsaids2 to The Lords of Counsell and Sessione to be proceeded in and discust be them in the comowne forme And decernes and ordaines James Sinclare ther Laufull sone to the said William Sinclair of Drumbath Defender to give bond and find sufficient cawtione acted in the books of privie Cownsell That he Shall make payment to the said Elizabeth Sinclaire his mother of the yeirly annwitie of Fourtein Hundereth merks mentioned in the saids lybells And that of all yeirs and termes bygone resting owing and payed And yeirlie and termely in tyme comeing dureing the dependance of the saids Lybells befor the saids Lords of Counsell and Sessione and ay and while the Same be discust and Determined the termes of payment of the said annwitie being allwayes first come and bygone And ordaines Letters of horning wnder the Signet of Councell on fiftein dayes and others needfull to be direct heiron in forme as effeirs.

Att Edinburgh the twentie Seventh day of Febrwary Jaj vic nyntie Six yeirs

D1696/2/371

Judicial Proceeding

Remitt two Lybells The Lady Dumbaith

The Lords of his majesties privie Counsell Haveing considered both lybells principall and additionall at the instance of Elizabeth Sinclair relict of the deceast William Sinclair of Dumbaith with concurse of Sir James Stewart his majesties Advocat for his majesties interest in the mater lybelled They heirby remitt both Lybells forsaids2 to The Lords of Counsell and Sessione to be proceeded in and discust be them in the comowne forme And decernes and ordaines James Sinclare ther Laufull sone to the said William Sinclair of Drumbath Defender to give bond and find sufficient cawtione acted in the books of privie Cownsell That he Shall make payment to the said Elizabeth Sinclaire his mother of the yeirly annwitie of Fourtein Hundereth merks mentioned in the saids lybells And that of all yeirs and termes bygone resting owing and payed And yeirlie and termely in tyme comeing dureing the dependance of the saids Lybells befor the saids Lords of Counsell and Sessione and ay and while the Same be discust and Determined the termes of payment of the said annwitie being allwayes first come and bygone And ordaines Letters of horning wnder the Signet of Councell on fiftein dayes and others needfull to be direct heiron in forme as effeirs.

2. The phrase ‘both Lybells forsaids’ is an insertion.

2. The phrase ‘both Lybells forsaids’ is an insertion.

Sederunt, 27 February 1696, Edinburgh

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Att Edinburgh the twentie Seventh day of Febrwary Jaj vic nyntie Six yeirs1

D1696/2/362

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Lauderdale; Earl of Kintore; Lord Carmichael; Lord Polwarth; Lord Justice Clerk; Mr Fra: Montgomerie; Laird of Grant; Laird of Blackbarrony; Laird of Stevensone; Laird of Pollock; Sir Thomas Livingstone; Laird of Cessnock

Att Edinburgh the twentie Seventh day of Febrwary Jaj vic nyntie Six yeirs1

D1696/2/362

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Lauderdale; Earl of Kintore; Lord Carmichael; Lord Polwarth; Lord Justice Clerk; Mr Fra: Montgomerie; Laird of Grant; Laird of Blackbarrony; Laird of Stevensone; Laird of Pollock; Sir Thomas Livingstone; Laird of Cessnock

1. NRS, PC2/26, 142r.

2. NRS, PC2/26, 142v.

1. NRS, PC2/26, 142r.

2. NRS, PC2/26, 142v.

Act, 25 February 1696, Edinburgh

Posted on by

Att Edinburgh the twentie fifth day of Febrwary Jaj vic nyntie Six yeirs

D1696/2/351

Act

Act Beatrix and Mary Fletchers

Anent the petitione given in to The Lords of his majesties privie Counsell Be Beatrix and Mary Fletchers Laufull Doughters to the deceast Sir Andrew Fletcher of Aberlady Shewing That wher the said deceast Sir Andrew Fletcher of Aberlady ther hather haveing died without makeing any testament or makeing any provisione to the petitioners And that he died Leaveing a considerable execwtrie and moveables behind him Extending to about Nyntein Thousand pund and which did propperly belong to the petitioners as being executers decerned be the Comissar of Dwnkeld to ther said deceast father and as nearest of kin to him Yet notwithstanding the foirsaid whole executrie and other moveable goods and geir was intrometted with by the tutors of Archibald Fletcher of Aberlady ther brother wncle to Andrew Fletcher now of Aberladie And Seing the petitioners have raised ane process befor the Lords of Counsell and Sessione against the said Andrew Fletcher now of Aberlady as air served and retoured and executer decerned and confirmed to the deceast John Fletcher his father and brother to the petitioners who was air served and retoured and executer decerned and confirmed to wmqwhille Archbald Fletcher of Aberlady his and the petitioners brother for makeing compt reckning And payment to the petitioners of the foirsaid executrie and moveable goods and geir of ther said wmqwhille father extending as said is and which were intrometted with be the tutors and curators of the said Archbald Fletcher atleast converted to his wse and behoofe be his saids tutors and curators And Did propperly belong to the petitioners as executers and nearest of kin to ther said father As the summonds and executiones therof produced with the said petitione hes testified And in regaird the foirsaid proces cannot come to any ish this sessione And the petitioners being altogither destitut of any fond for ther subsistance and aliment they haveing no bonds of provisione from ther father And the present Laird off Aberladie and his tutor refwiseing to make payment of the Soume of Two Hundereth merks to each of them which was formerly modified to be payed by the deceast Andrew Fletcher of Aberladie ther brother and his tutors And therfor humbly craveing to the effect efter mentioned As the said petitione bears Which being this day red and considered be the saids Lords of privie Counsell with the Sumonds and executions mentioned therin and produced therwith They heirby modifie the Soume of Two Hundereth merks as the yeirly aliment to be payed for ilk ane of the two sisters And decernes and ordaines the said Andrew Fletcher […] Cuming and Mr William Black ther factor and the tenents and possessors of the said estate of Aberlady to make payment and satisfactione to ilk ane of the saids Beatrix and Mary Fletchers instantly of the soume of Ane Hundereth punds Scotts for ther respective aliments from the terme of Lambes Last bypast to the terme of whittsonday next to come And of the Soume of Ane Hundereth merks to ilk ane of the two Sisters at the said terme of 2 Whittsonday next to Mertimes also next to come And of the Like Soume of Ane Hwndereth merks to ilk ane of the two Sisters at the said terme of Mertimes next to come per advance for the terme frae mertimes next to Whittsonday Jaj vic and nyntie Seven And So furth yeirly and termely at whittsonday and Mertimes therefter per advance be equall portiones dureing the dependance of the said proces at the instance of the said Beatrix And Mary Fletchers Against the said Andrew Fletcher befor the Lords of Sessione and ay and while the Samen be decyded and ended And ordaines Letters of honing under the Signet of Counsell on fiftein dayes and others needfull to be direct heirupon in forme as effeirs And ordaines the petitioners ther discharges respective to be a Sufficient exoneratione to the saids twtor factor and tennents according as the payment shall be made to aither of them.

Att Edinburgh the twentie fifth day of Febrwary Jaj vic nyntie Six yeirs

D1696/2/351

Act

Act Beatrix and Mary Fletchers

Anent the petitione given in to The Lords of his majesties privie Counsell Be Beatrix and Mary Fletchers Laufull Doughters to the deceast Sir Andrew Fletcher of Aberlady Shewing That wher the said deceast Sir Andrew Fletcher of Aberlady ther hather haveing died without makeing any testament or makeing any provisione to the petitioners And that he died Leaveing a considerable execwtrie and moveables behind him Extending to about Nyntein Thousand pund and which did propperly belong to the petitioners as being executers decerned be the Comissar of Dwnkeld to ther said deceast father and as nearest of kin to him Yet notwithstanding the foirsaid whole executrie and other moveable goods and geir was intrometted with by the tutors of Archibald Fletcher of Aberlady ther brother wncle to Andrew Fletcher now of Aberladie And Seing the petitioners have raised ane process befor the Lords of Counsell and Sessione against the said Andrew Fletcher now of Aberlady as air served and retoured and executer decerned and confirmed to the deceast John Fletcher his father and brother to the petitioners who was air served and retoured and executer decerned and confirmed to wmqwhille Archbald Fletcher of Aberlady his and the petitioners brother for makeing compt reckning And payment to the petitioners of the foirsaid executrie and moveable goods and geir of ther said wmqwhille father extending as said is and which were intrometted with be the tutors and curators of the said Archbald Fletcher atleast converted to his wse and behoofe be his saids tutors and curators And Did propperly belong to the petitioners as executers and nearest of kin to ther said father As the summonds and executiones therof produced with the said petitione hes testified And in regaird the foirsaid proces cannot come to any ish this sessione And the petitioners being altogither destitut of any fond for ther subsistance and aliment they haveing no bonds of provisione from ther father And the present Laird off Aberladie and his tutor refwiseing to make payment of the Soume of Two Hundereth merks to each of them which was formerly modified to be payed by the deceast Andrew Fletcher of Aberladie ther brother and his tutors And therfor humbly craveing to the effect efter mentioned As the said petitione bears Which being this day red and considered be the saids Lords of privie Counsell with the Sumonds and executions mentioned therin and produced therwith They heirby modifie the Soume of Two Hundereth merks as the yeirly aliment to be payed for ilk ane of the two sisters And decernes and ordaines the said Andrew Fletcher […] Cuming and Mr William Black ther factor and the tenents and possessors of the said estate of Aberlady to make payment and satisfactione to ilk ane of the saids Beatrix and Mary Fletchers instantly of the soume of Ane Hundereth punds Scotts for ther respective aliments from the terme of Lambes Last bypast to the terme of whittsonday next to come And of the Soume of Ane Hundereth merks to ilk ane of the two Sisters at the said terme of 2 Whittsonday next to Mertimes also next to come And of the Like Soume of Ane Hwndereth merks to ilk ane of the two Sisters at the said terme of Mertimes next to come per advance for the terme frae mertimes next to Whittsonday Jaj vic and nyntie Seven And So furth yeirly and termely at whittsonday and Mertimes therefter per advance be equall portiones dureing the dependance of the said proces at the instance of the said Beatrix And Mary Fletchers Against the said Andrew Fletcher befor the Lords of Sessione and ay and while the Samen be decyded and ended And ordaines Letters of honing under the Signet of Counsell on fiftein dayes and others needfull to be direct heirupon in forme as effeirs And ordaines the petitioners ther discharges respective to be a Sufficient exoneratione to the saids twtor factor and tennents according as the payment shall be made to aither of them.

1. NRS, PC2/26, 141r-142r.

2. The words ‘Mertimes next’ scored out here.

1. NRS, PC2/26, 141r-142r.

2. The words ‘Mertimes next’ scored out here.

Sederunt, 25 February 1696, Edinburgh

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Att Edinburgh the twentie fifth day of Febrwary Jaj vic nyntie Six yeirs1

D1696/2/342

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Lauderdale; Earl of Kintore; Lord Carmichael; Lord Polwarth; Lord Justice Clerk; Mr Fra: Montgomerie; Laird of Grant; Laird of Blackbarrony; Laird of Stevensone; Laird of Pollock; Sir Thomas Livingstowne

Att Edinburgh the twentie fifth day of Febrwary Jaj vic nyntie Six yeirs1

D1696/2/342

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Lauderdale; Earl of Kintore; Lord Carmichael; Lord Polwarth; Lord Justice Clerk; Mr Fra: Montgomerie; Laird of Grant; Laird of Blackbarrony; Laird of Stevensone; Laird of Pollock; Sir Thomas Livingstowne

1. NRS, PC2/26, 141r.

2. NRS, PC2/26, 140v-141r.

1. NRS, PC2/26, 141r.

2. NRS, PC2/26, 140v-141r.