Tag Archives: February

Act, 20 February 1696, Edinburgh

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Att Edinburgh the twentie Day of Febrwary Jaj vic nyntie Six yeirs

D1696/2/331

Act

Act James Mcneill

The Lords of his majesties privie Counsell haveing considered the petitione given in to them be James Mcneill in the brwike of Dovan cotter ther They heirby allow ther clerks to give out Letters for citeing of James Halyday of Tillibole and others complained upon in the said petitione To compear befor the saids Lords of privie Counsell upon the first Counsell day in March next to ansuer to the points of the said petitione and grants warrand for citeing of wittnesses And gives order and warrand to the magistrats of Kinross within whose tollbwith or theives holl the petitioner is to sett him at Libertie furth therof He first inacting himself in the books of privie Counsell that he Shall appear befor the saids Lords of privie Counsell the Day foirsaid and prosecute the said lybell And attend the severall dyets of the process untill the same be fullie discwst and determined wnder the penaltie of Two Hundereth merks Scotts

Att Edinburgh the twentie Day of Febrwary Jaj vic nyntie Six yeirs

D1696/2/331

Act

Act James Mcneill

The Lords of his majesties privie Counsell haveing considered the petitione given in to them be James Mcneill in the brwike of Dovan cotter ther They heirby allow ther clerks to give out Letters for citeing of James Halyday of Tillibole and others complained upon in the said petitione To compear befor the saids Lords of privie Counsell upon the first Counsell day in March next to ansuer to the points of the said petitione and grants warrand for citeing of wittnesses And gives order and warrand to the magistrats of Kinross within whose tollbwith or theives holl the petitioner is to sett him at Libertie furth therof He first inacting himself in the books of privie Counsell that he Shall appear befor the saids Lords of privie Counsell the Day foirsaid and prosecute the said lybell And attend the severall dyets of the process untill the same be fullie discwst and determined wnder the penaltie of Two Hundereth merks Scotts

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

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

Decreet, 20 February 1696, Edinburgh

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Att Edinburgh the twentie Day of Febrwary Jaj vic nyntie Six yeirs

D1696/2/321

Decreet

Decreit Doctor Skeen against Earle of Breadalbine

Anent the lybell or Letters of Complaint raised and persued befor The Lords of his majesties privie Counsell at the instance of Doctor Alexander Skeen Late provest of the old colledge of St Andrews with concurse of Sir James Stewart his majesties Advocat for his hignes interest in the mater underuritten Mentioneing That wher Albeit by Severall acts of parliament and the Lawes of this and all other well governed nationes The wnwarrantable and Sumar dispossessing of any man out of his Just right and possessione whither by open violence and bangastrie or by oppressione of the tenents or be frawd or circumventione in Sedwceing and debaucheing the tenents and possessors to invert ther maisters possessione and to take and receave new tacks and assedationes from another to the prejudice of ther present maister without his knouledge or consent contrair to Law Be crymes of a high nature and Severely pwnishable Especiallie wher the Same is comitted and practised by any of our Judges and ministers of the Law wnder the colloure and pretext of Justice and of our authoritie Nevertheles It is of veritie That John Earle of Broadalbine Shirreff principall of the Shyre and Shirreffdome of Caithnes William Dumbar of Hemprigs his depute William Campbell his chamberland and James Stewart in […] his clerk And fiscall have presumed to comitt And are gwiltie of the foirsaids crymes In swa far as the deceast Patrick Bishup of Caithnes father in Law to the said complainer Haveing ane wodsett right of the Lands of Reiss Sowsskilimpster and others therin contained Redeimable by payment of the Soume of Nyntein Thousand and Two Hundereth merks And being therupon infeft in the yeir Jaj vic and Sixtie eight yeirs or therby And albeit the said wodsett right was asserted with ane backtack being incurred The Said deceast Earle of Caithnes did allow the Said Bishup to enter to the actuall and naturall possessione of the said wodsett Lands And accordinglie the Said deceast Bishup did enter by the said Earles consent to the peaceable possessione therof in the yeir Jaj vic and Sixtie eight and continwed his Said possessione therefter by uplifting the maills and dueties Setting and raising of tenents And doeing all wther deads of propertie untill the yeir Jaj vic Seventie nyn That the Said Bishup disponed the foirsaid wodsett in favoures of the Said complainer who by vertue of the foirsaid right and infeftment following therupon Did continwe in the peaceable possessione therof by uplifting of the maills and dueties Setting and raiseing of tenents and doeing all deads of propertie by himself and Alexander Smart his chamberland and factor untill the moneth of Janwary Jaj vic and nyntie thrie yeirs att which tyme the persones above complained upon Finding that Alexander Smart his factor and chamberland was then lately dead and Supposeing with themselvs that the said Complainer being then turned out of his place and imployment as proveist of the old colledge of St Andrews And therby deprived of all meanes of Liveliehood and Subsistance except the rents of the foirsaid wodsett would be reduced altogither incapable to persue any proces against them in caice they could gett him turned owt of the possessione of the foirsaid wodsett and gett the rents therof keeped up from him And in persweance of ther foirsaid project and designe the saids William Dumbar William Campbell and James Stewart by themselvs and others by ther Counsell order and owthunding Did wse all methods to perswade the tenents and possessors of the said haill wodsett Lands to invert Sumarly the Said complainers possessione of the Same And to take new tacks and assedationes of ther said respective possessiones from themselvs or ane or other of them By threatening to keep them in continwall trouble by executeing Letters of Lawburrowes against them and pronunceing Decreits against them for alleadged contraventione wnless the saids tenents would comply with and concurr in ther wnjust project and designe for inverting the said complainers possessione of the said wodsett as said is And the poor tenents being thus threatned and harrassed and not allowed tyme Sowth to the said complainer or to send and acqwaint him with the foirsaids malitiows projects and wicked designes that was intented against him in the premisses The Said William Dumbar did upon the […] day of Janwary Jaj vic nyntie thrie or ane or other of the dayes or moneths of the said yeir Jaj vic and nyntie thrie Hold a court upon the ground of the Saids Lands wher the said William Dumbar as depute to the said Earle of Breadalbine Did pronunce a most wnjust and wnwarrantable Sentance against the tenents and possessors of the said wodsett Lands without So much as calling the said complainer ther maister albeit it was well knowen to the said William Dumbar himself that the said complainer and the deceast Bishup of Caithnes his author were at that tyme in peaceable possessione of the said wodsett Lands and had bein in peaceable possessione therof constantly Since the yeir Jaj vic Sixtie eight as Said is And therby decerned the tenents and possessors to take new tacks from the said Earle of Breadalbine as ther maister at least to take tacks from themselvs or ane or other of them as deputes or chamberlands to the said Earle and to make payment to his Lordship or to them of the rents that were due and payable for the preceeding cropt and and yeir Jaj vic and nyntie two and therefter in tyme comeing And to make payment of all that was resting in ther handes for any yeirs or termes preceeding By vertue of which wnwarrantable and illegall procedure of thers the said complainers most illegallie dispossest and kept onto of the possessione of his said wodsett right But also the persones above complained upon have uplifted the rent and Dueties of the said wodsett Lands which were due and payable for the cropt and yeir of God Jaj vic nyntie thrie and Jaj vic and nyntie four Extending in yeirly rent to the Soume of Ane Thousand punds efter deductione of ministers Stipends and all publict burdens As also the Soume of Twelve Hundereth pownds that was resting in the tenents hands preceeding the yeir and cropt Jaj vic nyntie thrie And therfor in all Law and eqwitie the persones above complained upon ought and Should be decerned to reenter the Said complainer to the possession of his wodsett and discharged from troubleing and molesting him in the peaceable possessione therof ay and while the Same be legallie redeuned and to refownd and pay to him the Soumes of money above uritten as the two yeirs Dwety of the Lands above uritten and bygone rests in the tenents hands So wnwarrantablie uplifted and intrometted with be them And to be otherwayes pwnished in ther persones and goods to the example and terror of others to Doe the Lyke in tyme comeing And anent the charge given to the saids Defenders to have compeared personallie befor the Saids Lords of privie Counsell And to have heard and Sein such order and course taken theranent as the Saids Lords Should think fitt wnder the paine of rebellione and putting of them to the horne etc As in the lybell or Letters of complaint with the executiones therof at more lenth is contained Which lybell being upon the fourth of febrwary instant called in presence of the Saids Lords of privie Counsell And the persewar Compeareing personallie with Sir Patrick Home And Mr […] Monro his advocats And The Earle of Breadalbine ane of the defenders being Laufullie cited oft tymes called and not compeareing And the rest of the defenders Compeareing personallie and Sir James Ogilvie Mr Hewgh Dallrimple and Mr William Calderwood Advocats compeareing for the haill defenders The lybell and ansuers therto being read and both pairties fullie heard The Councell does Sustaine themselvs Judge to the point of dispossessione Lybelled albeit the Same be not a recent dispossessione In respect The Earle of Breadalbine hes bein allwayes wnder trysting with the persewar Since the dispossessing him his authors and tenents And admitts the lybell to probatione And Such of the wittnesses as were then present haveing made faith The Counsell nominat a comittie for examineing them reserveing all objectiones to be made against them to be discust by the comittie And granted furder dilligence by Caption against the rest of the wittnesses Both against Such as were at Edinburgh And Such as were at Caithnes And the wittnesses which were at Edinburgh haveing upon the Sixth day of february instant Compeared and made faith The Counsell remitted them to the former Comittie to be examined Reserveing objectiones against them as afoirsaid And the Comittie haveing examined Diverse and famows wittnesses who being Solemnly Sworne deponed and declaired As ther oathes and Depositiones extant in proces beares And wpon the threttein of February instant The Counsell haveing considered the depositiones of the saids wittnesses adduced be the persewar in this process Togither with the wrytes produced be the persewar and the inventars of these wrytes with the Desyre or petition written upon the end of the said inventar The persewar referred to William Campbell one of the Defenders his oath that he as factor or by warrand and order of The Earle of Breadalbine hes uplifted the rents of the Lands lybelled Since the persewar was Dispossessed therof Wherupon the Said William Campbell haveing bein formerly cited and haveing compeared in this process was called by ane macer at the barr And also at the window of the outter Councell roome to have appeared this day And haveing faillzed to compear The saids Lords Doe heirby grant certificatione against him And ordaines macers or messengers at armes to pass to to2 the mercat cross of […] And other places needfull And ther in his Majesties name and authoritie Dwely Laufullie and orderly Denunce the said William Campbell his majesties rebell And putt him to his highnes horne Escheat and inbring all his moveable goods and geir for his contempt and disobedience And the Saids Lords of his majesties privie Counsell haveing this Day againe considered the Depositiones of the wittnesses adduced in this proces And haveing heard and considered a petitione given in be The Said Earle of Breadalbine with the ansuers made therto For Doctor Skeen They find that the said Doctor Skeen persewar and his authors hes bein in possessione of the wodsett Lands of Reiss South Killminster and others lybelled therin mentioned And decernes and ordaines the Shirreff principall of the Shyre of Caithnes and his Deputes to reenter the persewar to the possessione of the said wodsett Lands foirsaids And discharges any persones whatsoever to trouble and molest him in the peaceable possessione therof ay and while the Same be legallie redenned And ordaines the tenents and possessors of the Lands wodsett to make payment and Satisfactione to the Said persewer of the maills and Dweties of the Saids Lands Since the terme of Mertimes Last bypast And yeirly and termly in tyme comeing untill the wodsett be legallie redduned And ordaines the Shirreff or his Deputes to certiorat the tenents of the saids Lands that they makeing payment of thir rents Dureing the Space foirsaid to the said persewer And to non els And Heirby gives order and warrand to Macers or messengers at armes to apprehend the persons of the above William Campbell wherever he may be apprehended untill he appear before the Saids Lords of privie Counsell and ansuer in this lybell And ordaines them to comitt him to the next prison untill he be Delivered thence by order of the Saids Lords for his appearance befor them in maner foirsaid

Att Edinburgh the twentie Day of Febrwary Jaj vic nyntie Six yeirs

D1696/2/321

Decreet

Decreit Doctor Skeen against Earle of Breadalbine

Anent the lybell or Letters of Complaint raised and persued befor The Lords of his majesties privie Counsell at the instance of Doctor Alexander Skeen Late provest of the old colledge of St Andrews with concurse of Sir James Stewart his majesties Advocat for his hignes interest in the mater underuritten Mentioneing That wher Albeit by Severall acts of parliament and the Lawes of this and all other well governed nationes The wnwarrantable and Sumar dispossessing of any man out of his Just right and possessione whither by open violence and bangastrie or by oppressione of the tenents or be frawd or circumventione in Sedwceing and debaucheing the tenents and possessors to invert ther maisters possessione and to take and receave new tacks and assedationes from another to the prejudice of ther present maister without his knouledge or consent contrair to Law Be crymes of a high nature and Severely pwnishable Especiallie wher the Same is comitted and practised by any of our Judges and ministers of the Law wnder the colloure and pretext of Justice and of our authoritie Nevertheles It is of veritie That John Earle of Broadalbine Shirreff principall of the Shyre and Shirreffdome of Caithnes William Dumbar of Hemprigs his depute William Campbell his chamberland and James Stewart in […] his clerk And fiscall have presumed to comitt And are gwiltie of the foirsaids crymes In swa far as the deceast Patrick Bishup of Caithnes father in Law to the said complainer Haveing ane wodsett right of the Lands of Reiss Sowsskilimpster and others therin contained Redeimable by payment of the Soume of Nyntein Thousand and Two Hundereth merks And being therupon infeft in the yeir Jaj vic and Sixtie eight yeirs or therby And albeit the said wodsett right was asserted with ane backtack being incurred The Said deceast Earle of Caithnes did allow the Said Bishup to enter to the actuall and naturall possessione of the said wodsett Lands And accordinglie the Said deceast Bishup did enter by the said Earles consent to the peaceable possessione therof in the yeir Jaj vic and Sixtie eight and continwed his Said possessione therefter by uplifting the maills and dueties Setting and raising of tenents And doeing all wther deads of propertie untill the yeir Jaj vic Seventie nyn That the Said Bishup disponed the foirsaid wodsett in favoures of the Said complainer who by vertue of the foirsaid right and infeftment following therupon Did continwe in the peaceable possessione therof by uplifting of the maills and dueties Setting and raiseing of tenents and doeing all deads of propertie by himself and Alexander Smart his chamberland and factor untill the moneth of Janwary Jaj vic and nyntie thrie yeirs att which tyme the persones above complained upon Finding that Alexander Smart his factor and chamberland was then lately dead and Supposeing with themselvs that the said Complainer being then turned out of his place and imployment as proveist of the old colledge of St Andrews And therby deprived of all meanes of Liveliehood and Subsistance except the rents of the foirsaid wodsett would be reduced altogither incapable to persue any proces against them in caice they could gett him turned owt of the possessione of the foirsaid wodsett and gett the rents therof keeped up from him And in persweance of ther foirsaid project and designe the saids William Dumbar William Campbell and James Stewart by themselvs and others by ther Counsell order and owthunding Did wse all methods to perswade the tenents and possessors of the said haill wodsett Lands to invert Sumarly the Said complainers possessione of the Same And to take new tacks and assedationes of ther said respective possessiones from themselvs or ane or other of them By threatening to keep them in continwall trouble by executeing Letters of Lawburrowes against them and pronunceing Decreits against them for alleadged contraventione wnless the saids tenents would comply with and concurr in ther wnjust project and designe for inverting the said complainers possessione of the said wodsett as said is And the poor tenents being thus threatned and harrassed and not allowed tyme Sowth to the said complainer or to send and acqwaint him with the foirsaids malitiows projects and wicked designes that was intented against him in the premisses The Said William Dumbar did upon the […] day of Janwary Jaj vic nyntie thrie or ane or other of the dayes or moneths of the said yeir Jaj vic and nyntie thrie Hold a court upon the ground of the Saids Lands wher the said William Dumbar as depute to the said Earle of Breadalbine Did pronunce a most wnjust and wnwarrantable Sentance against the tenents and possessors of the said wodsett Lands without So much as calling the said complainer ther maister albeit it was well knowen to the said William Dumbar himself that the said complainer and the deceast Bishup of Caithnes his author were at that tyme in peaceable possessione of the said wodsett Lands and had bein in peaceable possessione therof constantly Since the yeir Jaj vic Sixtie eight as Said is And therby decerned the tenents and possessors to take new tacks from the said Earle of Breadalbine as ther maister at least to take tacks from themselvs or ane or other of them as deputes or chamberlands to the said Earle and to make payment to his Lordship or to them of the rents that were due and payable for the preceeding cropt and and yeir Jaj vic and nyntie two and therefter in tyme comeing And to make payment of all that was resting in ther handes for any yeirs or termes preceeding By vertue of which wnwarrantable and illegall procedure of thers the said complainers most illegallie dispossest and kept onto of the possessione of his said wodsett right But also the persones above complained upon have uplifted the rent and Dueties of the said wodsett Lands which were due and payable for the cropt and yeir of God Jaj vic nyntie thrie and Jaj vic and nyntie four Extending in yeirly rent to the Soume of Ane Thousand punds efter deductione of ministers Stipends and all publict burdens As also the Soume of Twelve Hundereth pownds that was resting in the tenents hands preceeding the yeir and cropt Jaj vic nyntie thrie And therfor in all Law and eqwitie the persones above complained upon ought and Should be decerned to reenter the Said complainer to the possession of his wodsett and discharged from troubleing and molesting him in the peaceable possessione therof ay and while the Same be legallie redeuned and to refownd and pay to him the Soumes of money above uritten as the two yeirs Dwety of the Lands above uritten and bygone rests in the tenents hands So wnwarrantablie uplifted and intrometted with be them And to be otherwayes pwnished in ther persones and goods to the example and terror of others to Doe the Lyke in tyme comeing And anent the charge given to the saids Defenders to have compeared personallie befor the Saids Lords of privie Counsell And to have heard and Sein such order and course taken theranent as the Saids Lords Should think fitt wnder the paine of rebellione and putting of them to the horne etc As in the lybell or Letters of complaint with the executiones therof at more lenth is contained Which lybell being upon the fourth of febrwary instant called in presence of the Saids Lords of privie Counsell And the persewar Compeareing personallie with Sir Patrick Home And Mr […] Monro his advocats And The Earle of Breadalbine ane of the defenders being Laufullie cited oft tymes called and not compeareing And the rest of the defenders Compeareing personallie and Sir James Ogilvie Mr Hewgh Dallrimple and Mr William Calderwood Advocats compeareing for the haill defenders The lybell and ansuers therto being read and both pairties fullie heard The Councell does Sustaine themselvs Judge to the point of dispossessione Lybelled albeit the Same be not a recent dispossessione In respect The Earle of Breadalbine hes bein allwayes wnder trysting with the persewar Since the dispossessing him his authors and tenents And admitts the lybell to probatione And Such of the wittnesses as were then present haveing made faith The Counsell nominat a comittie for examineing them reserveing all objectiones to be made against them to be discust by the comittie And granted furder dilligence by Caption against the rest of the wittnesses Both against Such as were at Edinburgh And Such as were at Caithnes And the wittnesses which were at Edinburgh haveing upon the Sixth day of february instant Compeared and made faith The Counsell remitted them to the former Comittie to be examined Reserveing objectiones against them as afoirsaid And the Comittie haveing examined Diverse and famows wittnesses who being Solemnly Sworne deponed and declaired As ther oathes and Depositiones extant in proces beares And wpon the threttein of February instant The Counsell haveing considered the depositiones of the saids wittnesses adduced be the persewar in this process Togither with the wrytes produced be the persewar and the inventars of these wrytes with the Desyre or petition written upon the end of the said inventar The persewar referred to William Campbell one of the Defenders his oath that he as factor or by warrand and order of The Earle of Breadalbine hes uplifted the rents of the Lands lybelled Since the persewar was Dispossessed therof Wherupon the Said William Campbell haveing bein formerly cited and haveing compeared in this process was called by ane macer at the barr And also at the window of the outter Councell roome to have appeared this day And haveing faillzed to compear The saids Lords Doe heirby grant certificatione against him And ordaines macers or messengers at armes to pass to to2 the mercat cross of […] And other places needfull And ther in his Majesties name and authoritie Dwely Laufullie and orderly Denunce the said William Campbell his majesties rebell And putt him to his highnes horne Escheat and inbring all his moveable goods and geir for his contempt and disobedience And the Saids Lords of his majesties privie Counsell haveing this Day againe considered the Depositiones of the wittnesses adduced in this proces And haveing heard and considered a petitione given in be The Said Earle of Breadalbine with the ansuers made therto For Doctor Skeen They find that the said Doctor Skeen persewar and his authors hes bein in possessione of the wodsett Lands of Reiss South Killminster and others lybelled therin mentioned And decernes and ordaines the Shirreff principall of the Shyre of Caithnes and his Deputes to reenter the persewar to the possessione of the said wodsett Lands foirsaids And discharges any persones whatsoever to trouble and molest him in the peaceable possessione therof ay and while the Same be legallie redenned And ordaines the tenents and possessors of the Lands wodsett to make payment and Satisfactione to the Said persewer of the maills and Dweties of the Saids Lands Since the terme of Mertimes Last bypast And yeirly and termly in tyme comeing untill the wodsett be legallie redduned And ordaines the Shirreff or his Deputes to certiorat the tenents of the saids Lands that they makeing payment of thir rents Dureing the Space foirsaid to the said persewer And to non els And Heirby gives order and warrand to Macers or messengers at armes to apprehend the persons of the above William Campbell wherever he may be apprehended untill he appear before the Saids Lords of privie Counsell and ansuer in this lybell And ordaines them to comitt him to the next prison untill he be Delivered thence by order of the Saids Lords for his appearance befor them in maner foirsaid

1. NRS, PC2/26, 136v-140v.

2. Sic.

1. NRS, PC2/26, 136v-140v.

2. Sic.

Act, 20 February 1696, Edinburgh

Posted on by

Att Edinburgh the twentie Day of Febrwary Jaj vic nyntie Six yeirs

D1696/2/311

Act

Act and Comission Earle of Galloway and heretors of Wigtowne and Kirkcudburgh

Anent the petitione given in to The Lords of his majesties privie Counsell be James Earle of Galloway Lord Bassile Hamiltowne Alexander Viscount of Kenmure John Viscount of Staire Sir Andrew Agnew of Lochnaw Sir Charles Hay of Park Sir William Maxwell of Mowreith Sir James Dumbar of Mochrum William Mcdougall of Garthland Patrick Mcdougall of Logan Patrick Mcdougall of French William Agnew of Wig John Mathie of Palgowne Patrick Herrin of Kirrnichtrie and Thomas Stewart of Finterloch for themselvs and in name of the remanent heretors and Grands within the Shyre of Wigtowne and Stewartie of Kirkcudburgh Shewing That wher The far greatest pairt of the rent of Galloway and the 2 mentainance of the inhabitants therof does aryse from the product of Cattell caried into England by Drovers and that the ordinar and most convenient road is to pass from Newgalloway to Drumfreise which are royall burghs And that by the Lawes and acts of parliament Especiallie by the twentie fifth act of Qween Marys Sixth parliament And by the ane hundereth and fiftie nyn act near the end twelve parliament King James the Sixth It is provyded That ther be high wayes to and from Royall burrowes And that no Stopp nor impediment be made wnder the paine of oppressione and other penalties contained in the said act Notwithstanding Severall Debates have happened of Late in the passage of the petitioners Droves from Newgallow ay to Drumfreise The Countrie people and other in that bownds endeavoureing by violence to stopp her droves and impose illegall exactiones of money upon her Cattell to the great Damnadge and prejudice of that trade soe wsefull to this natione wherby also ryots and bloodsheds have been occasioned which had gone furder Length if these who were imployed to cary up the droves had not manadged with great moderatione and preducencie And Seing the Law is allreadie abundantly cleare that ther owght to be high wayes to and from Royall burrowes It doeth onlie remaine that the high way be marked owt from Newgalloway to Dumfreise And therfore craveing to the effect eftermentioned As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Counsell They heirby grant full power warrand and Commissione to William Airgie of Ballmagie Patrick Mwrdoch of Murdoch Robert Broune of Carslouth Hewgh Mcgwffock of Rwsio Patrick Dumbar of Machriemore George Stewart of Toudergie Rodger Gordowne of Troqwhen David McLinloch of Ardwell Alexander Gordoune of Earlestowne Adam Newall of Barsbooch William Gordoune of Shillmores […] Maxwell of Hills And Samwell Hannay of Kirkdale with power to them to choise ther own president from tyme to tyme therafter And also to choise ther oun clerk for which they Shall be ansuerable to meet and conveen upon the ground of the Lands lying from the burgh of Newgalloway to Dumfreise upon the tenth day of March next to come and to make and mark a highway for Droves frae Newgalloway to Dumfreise and determine the breadth of the said highway According to the acts of parliament made theranent And in makeing out the breadth of the said way Appointes the Saids Comissioners to hold the high and accustomed travelling way betuixt the Saids two burghs And nominats the said Heugh Mcguffock of Rwscoe to be conveener and to call and conveen the foirnamed persones at ther first meeting And declaires any Six of the abovenamed persones to be a Sufficient qworum And recomends to the persones above Commissionat to compleat ther worke in the Comissione betuixt and the Last day of May next to come In respect the Droveing will begin about that tyme

Att Edinburgh the twentie Day of Febrwary Jaj vic nyntie Six yeirs

D1696/2/311

Act

Act and Comission Earle of Galloway and heretors of Wigtowne and Kirkcudburgh

Anent the petitione given in to The Lords of his majesties privie Counsell be James Earle of Galloway Lord Bassile Hamiltowne Alexander Viscount of Kenmure John Viscount of Staire Sir Andrew Agnew of Lochnaw Sir Charles Hay of Park Sir William Maxwell of Mowreith Sir James Dumbar of Mochrum William Mcdougall of Garthland Patrick Mcdougall of Logan Patrick Mcdougall of French William Agnew of Wig John Mathie of Palgowne Patrick Herrin of Kirrnichtrie and Thomas Stewart of Finterloch for themselvs and in name of the remanent heretors and Grands within the Shyre of Wigtowne and Stewartie of Kirkcudburgh Shewing That wher The far greatest pairt of the rent of Galloway and the 2 mentainance of the inhabitants therof does aryse from the product of Cattell caried into England by Drovers and that the ordinar and most convenient road is to pass from Newgalloway to Drumfreise which are royall burghs And that by the Lawes and acts of parliament Especiallie by the twentie fifth act of Qween Marys Sixth parliament And by the ane hundereth and fiftie nyn act near the end twelve parliament King James the Sixth It is provyded That ther be high wayes to and from Royall burrowes And that no Stopp nor impediment be made wnder the paine of oppressione and other penalties contained in the said act Notwithstanding Severall Debates have happened of Late in the passage of the petitioners Droves from Newgallow ay to Drumfreise The Countrie people and other in that bownds endeavoureing by violence to stopp her droves and impose illegall exactiones of money upon her Cattell to the great Damnadge and prejudice of that trade soe wsefull to this natione wherby also ryots and bloodsheds have been occasioned which had gone furder Length if these who were imployed to cary up the droves had not manadged with great moderatione and preducencie And Seing the Law is allreadie abundantly cleare that ther owght to be high wayes to and from Royall burrowes It doeth onlie remaine that the high way be marked owt from Newgalloway to Dumfreise And therfore craveing to the effect eftermentioned As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Counsell They heirby grant full power warrand and Commissione to William Airgie of Ballmagie Patrick Mwrdoch of Murdoch Robert Broune of Carslouth Hewgh Mcgwffock of Rwsio Patrick Dumbar of Machriemore George Stewart of Toudergie Rodger Gordowne of Troqwhen David McLinloch of Ardwell Alexander Gordoune of Earlestowne Adam Newall of Barsbooch William Gordoune of Shillmores […] Maxwell of Hills And Samwell Hannay of Kirkdale with power to them to choise ther own president from tyme to tyme therafter And also to choise ther oun clerk for which they Shall be ansuerable to meet and conveen upon the ground of the Lands lying from the burgh of Newgalloway to Dumfreise upon the tenth day of March next to come and to make and mark a highway for Droves frae Newgalloway to Dumfreise and determine the breadth of the said highway According to the acts of parliament made theranent And in makeing out the breadth of the said way Appointes the Saids Comissioners to hold the high and accustomed travelling way betuixt the Saids two burghs And nominats the said Heugh Mcguffock of Rwscoe to be conveener and to call and conveen the foirnamed persones at ther first meeting And declaires any Six of the abovenamed persones to be a Sufficient qworum And recomends to the persones above Commissionat to compleat ther worke in the Comissione betuixt and the Last day of May next to come In respect the Droveing will begin about that tyme

1. NRS, PC2/26, 135v-136v.

2. The phrase ‘the product of Cattell carried in to England’ scored out here.

1. NRS, PC2/26, 135v-136v.

2. The phrase ‘the product of Cattell carried in to England’ scored out here.

Sederunt, 20 February 1696, Edinburgh

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Att Edinburgh the twentie Day of Febrwary Jaj vic nyntie Six yeirs1

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Sederunt

Lord Chancellor; Earl of Kintore; Lord Carmichel; Lord Pollwarth; Lord Justice Clerk; Lord Anstruther; Laird of Grant; Laird of Blackbarrony; Laird of Pollock; Sir Thomas Livingstone

Att Edinburgh the twentie Day of Febrwary Jaj vic nyntie Six yeirs1

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Sederunt

Lord Chancellor; Earl of Kintore; Lord Carmichel; Lord Pollwarth; Lord Justice Clerk; Lord Anstruther; Laird of Grant; Laird of Blackbarrony; Laird of Pollock; Sir Thomas Livingstone

1. NRS, PC2/26, 135v.

2. NRS, PC2/26, 135v.

1. NRS, PC2/26, 135v.

2. NRS, PC2/26, 135v.

Decreet, 18 February 1696, Edinburgh

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Decreet

Decreit Adam Against Halyburton

Anent The lybell or Letters of complaint raised and perswed befor The Lords of his majesties privie Counsell at the instance of William Adam in Wastermylne with concurse of Sir James Stewart his majesties Advocat for his highnes interest in the mater wnderwritten Mentioning That wher albeit by the Lawes and constitutiones of this and all other well governed nationes the disturbeing and qwieteing of people in the peaceable possession of ther Lands tacks and possessiones And contriveing Sinistrows and indirect ways and meanes against tacksemen Soe as to putt them owt of caise to pay ther maisters tack dwety And particularly the diverting and abstracting of cornes to mylnes to which they are thirled the multure of which is the only mean wherby the tacks men of the mylne can satisfie his tack dwety And wnjust imprisoneing of mens persones without any Legall grownd or warrand or upon old captiones efter the debt contained therin is Satisfied and discharged So that it became no Captione And the causeing execute Letters against any persone And poinding not only of ther cornes both in barne and barne yeard But also ther haill insaght and house hold plainshing efter that the warrand wherupon the poinding proceeded was Suspended atleist ane bill of Suspensione past therof and Dwely intimat to the pairtie at whose instance the poinding was raised Be all crymes of ane high nature and Severely pwnishable Yet trwe it is and of veritie That John Baillie of Welstowne haveing sett ane assedatione and tack to the Complainer of the mylner of Welstoune and mylne Lands therof from Whittsonday Jaj vic and nyntie four to whittsonday Jaj vic nyntie five yeirs payable at Candlemise and Lambes Mr Thomas Halyburtowne Chamberland to the said Laird of Welstowne Did in the moneth of February Last bypast charge the Complainer to make payment of the half yeirs tack dwety payable at Candlemise and raised ane captione theron the third day of Aprile Last And the complainer haveing made payment of that termes tack duety to the said Mr Thomas Halyburtoune as his discharge of the fiftein of May Last beares And as to the whitsondayes termes rent notwithstanding that the haill tenents of the barrone were astructed to the mylne of Walstone and obleidged to pay the fourth pairts for each boll of multure which was the Subject mater that payed the tack duety yet pairtly by the instigatione of the said Mr Thomas Halyburtowne a great many of the tennents haveing abstracted ther cornes from the mylne by the said Mr Thomas his seaseing upon the cornes of other tennents and putting them in his maisters Stack yeard which are ther Still and never came to the mylne And pairtly by the Said Mr Thomas his 1o being a considerable pairt of the barrony waist by his rigid courses and manadgement The complainer was frustrat of the whole Suchen of the mylne And the complainer haveing for his redress conveened a great many of the abstracters of ther cornes befor the said Mr Thomas in his barrone court and gott decreit against them befor him as barrone beaillie he most wnjustly discharged the clerk to give the complainer ane extract of his decreit And therefter he of now conveened all these persones for ther abstracted multures and Likewayes the Said Mr Thomas himself for the tenents cornes intrometted with by him And for the waist grownd which he had Sett furth in grass and possessed himself befor the Commissioners of Lanerk for payment makeing to him of the Samen And the said Mr Thomas finding that the complainer could not only compense him of that terms rent but make him considerablie the complainers debitor He not only did most wnjustly advocat the said actione and frustrat him of his payment But also at the Same tyme to make the said complainer incapable to prosecute the said affair when the complainer came to the court at Lanerk the said Mr Thomas did upon the old caption raised on the third of Aprile for the Candlemise rent wherof he had the said Mr Thomas his discharge in maner foirsaid cawse apprehend the said complainer and imprison him in the tollbwith of Lanerk And detained him prisoner therin upon the Captione which was payed untill that efter he was challenged he did charge of new againe for the next termes rent and tooke out ane new Captione And arreasted the complainer And therefter he haveing gott at Libertie furth of the said tollbwith by a deserters breakeing a holl in the wall And the complainer haveing come to Edinburgh and obtained ane bill of Suspensione upon the tuenty day of November Last bypast which he did intimat to the said Mr Thomas upon Saturnday being the twentie third of the said moneth as instruments taken therupon does testifie And yet notwithstanding therof the said Mr Thomas Halyburtoune in high contempt of his majesties authoritie and authoritie of The Lords of Sessione most illegallie and wnwarrantablie came upon the twentie fifth or twentie Sixth of the said moneth with Severall armed men and others of his Complices And masterfullie and violently take and cary away not onlie the Complainers haill cornes in his barne and barne yeard and other goods belonging to him But also the insight and plainshing of his house wherby he and his wife and many Small childreine are Stript and destitut of all maner of Subsistance haveing nothing at all left to them but to Depend upon the charitie of good people By all which it may evidently appear to the saids Lords of privie Counsell That the said Mr Thomas Halyburtowne is gwiltie of ane high and manifest ryot injurie and oppressione And therfor he ought not only to be ordained to restore and deliver back to the complainer the cornes and plainshing with the Sheep nolt that were Soe wnwarrantablie taken away by him in als good caise and conditione as they were the tyme of the wnlaufull away takeing or to make payment to the Complainer of the Soume of Five Hundereth merks as the prices and valwe therof Conforme to ane particular inventar therof which is produced with this lybell as ane pairt therof brevitatis causa And of the Soume of Ane Hundereth pwnds of Damnadges Sustained by the complainer through the wrongous imprisoned upon ane Captione which was payed in maner foirsaid And the said illegall wnwarrantable ryot But alse ought and Should be fyned and pwnished in his persone and goods to the terror of others to comitt the lyke in tyme comeing And anent the charge given to the said defender given to the said defender to have compeared personally befor the saids Lords of privie Counsell and to have ansuered to the foirsaid 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 and putting of him to the horne etc As in The principall Letters and executiones therof more fullie bears Which Lybell or Letters of complaint haveing bein upon the threttie one of december Last bypast called in presence of The Lords of privie Counsell And the persewar Compeareing personallie with Mr John Meinzes Mr William Hog and Mr Mathew Mckee his Advocats and the said Mr Thomas Halyburtowne Defender Compeareing also personallie with Sir James Ogilvie his Majesties Solicitor his Advocat Thae Lybell and ansuers made therto for the defender being red and both pairties Advocats fullie heard The Councell admitted the lybell to probatione And the wittnesses compeareing haveing made faith The Councell appointed a comittie of ther oun number to examine the wittnesses Reserveing all objectiones that may be made against them to be Discust befor the Comittie And Some of the witnesses failled to compear and Severall of them which compeared haveing withdrawen befor they had deponed The Counsell by ther interloquitor of the Sevinth of Janwary Last granted furder dilligence by Captione against these wittnesses And the Comittie haveing called for and examined the saids wittnesses They deponed as ther oathes and depositiones extant in proces bears And upon the thretteinth of February instant The Councell being abowt to advise the probatione of this process they caused call the said Mr Thomas Halyburtowne Defender who being called faillzed to compear And therfor the Counsell Delayed the adviseing of the process till this day And ordained the Same to be intimat to the Defenders agent to the effect he might have advertised his client to be present this day with certificatione if he compeared not The Counsell would advise the process without him Which intimatione being made And the Said Mr Thomas haveing faillied to Compeare The Saids Lords of his majesties privie Counsell haveing this day Considered the depositiones of the wittnesses with the haill probatione adduced for the perswer in the above process They find the ryot Lybelled Sufficiently proven And modifies the Soume of Six Hundereth and fiftie merks Scotts in place of the haill Damnadge and prejudice done to the persewar and of the haill charges and expensses that the hes bein putt to in the mater lybelled And Decernes and ordaines the Said Mr Thomas Halyburtoune defender to make payment to the said William Adam persewer of the said Soume of Six Hundereth and fiftie merks And doe heirby give order and warrant to the macers of privie Counsell or messengers at armes to pass Seek Search take and apprehend the persone of the said Mr Thomas Halyburtowne and comitt him to prisone untill he make payment of the foirsaid Soume.

Att Edinburgh the Eightein day of Febrwary Jaj vic nyntie Six yeirs

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Decreet

Decreit Adam Against Halyburton

Anent The lybell or Letters of complaint raised and perswed befor The Lords of his majesties privie Counsell at the instance of William Adam in Wastermylne with concurse of Sir James Stewart his majesties Advocat for his highnes interest in the mater wnderwritten Mentioning That wher albeit by the Lawes and constitutiones of this and all other well governed nationes the disturbeing and qwieteing of people in the peaceable possession of ther Lands tacks and possessiones And contriveing Sinistrows and indirect ways and meanes against tacksemen Soe as to putt them owt of caise to pay ther maisters tack dwety And particularly the diverting and abstracting of cornes to mylnes to which they are thirled the multure of which is the only mean wherby the tacks men of the mylne can satisfie his tack dwety And wnjust imprisoneing of mens persones without any Legall grownd or warrand or upon old captiones efter the debt contained therin is Satisfied and discharged So that it became no Captione And the causeing execute Letters against any persone And poinding not only of ther cornes both in barne and barne yeard But also ther haill insaght and house hold plainshing efter that the warrand wherupon the poinding proceeded was Suspended atleist ane bill of Suspensione past therof and Dwely intimat to the pairtie at whose instance the poinding was raised Be all crymes of ane high nature and Severely pwnishable Yet trwe it is and of veritie That John Baillie of Welstowne haveing sett ane assedatione and tack to the Complainer of the mylner of Welstoune and mylne Lands therof from Whittsonday Jaj vic and nyntie four to whittsonday Jaj vic nyntie five yeirs payable at Candlemise and Lambes Mr Thomas Halyburtowne Chamberland to the said Laird of Welstowne Did in the moneth of February Last bypast charge the Complainer to make payment of the half yeirs tack dwety payable at Candlemise and raised ane captione theron the third day of Aprile Last And the complainer haveing made payment of that termes tack duety to the said Mr Thomas Halyburtoune as his discharge of the fiftein of May Last beares And as to the whitsondayes termes rent notwithstanding that the haill tenents of the barrone were astructed to the mylne of Walstone and obleidged to pay the fourth pairts for each boll of multure which was the Subject mater that payed the tack duety yet pairtly by the instigatione of the said Mr Thomas Halyburtowne a great many of the tennents haveing abstracted ther cornes from the mylne by the said Mr Thomas his seaseing upon the cornes of other tennents and putting them in his maisters Stack yeard which are ther Still and never came to the mylne And pairtly by the Said Mr Thomas his 1o being a considerable pairt of the barrony waist by his rigid courses and manadgement The complainer was frustrat of the whole Suchen of the mylne And the complainer haveing for his redress conveened a great many of the abstracters of ther cornes befor the said Mr Thomas in his barrone court and gott decreit against them befor him as barrone beaillie he most wnjustly discharged the clerk to give the complainer ane extract of his decreit And therefter he of now conveened all these persones for ther abstracted multures and Likewayes the Said Mr Thomas himself for the tenents cornes intrometted with by him And for the waist grownd which he had Sett furth in grass and possessed himself befor the Commissioners of Lanerk for payment makeing to him of the Samen And the said Mr Thomas finding that the complainer could not only compense him of that terms rent but make him considerablie the complainers debitor He not only did most wnjustly advocat the said actione and frustrat him of his payment But also at the Same tyme to make the said complainer incapable to prosecute the said affair when the complainer came to the court at Lanerk the said Mr Thomas did upon the old caption raised on the third of Aprile for the Candlemise rent wherof he had the said Mr Thomas his discharge in maner foirsaid cawse apprehend the said complainer and imprison him in the tollbwith of Lanerk And detained him prisoner therin upon the Captione which was payed untill that efter he was challenged he did charge of new againe for the next termes rent and tooke out ane new Captione And arreasted the complainer And therefter he haveing gott at Libertie furth of the said tollbwith by a deserters breakeing a holl in the wall And the complainer haveing come to Edinburgh and obtained ane bill of Suspensione upon the tuenty day of November Last bypast which he did intimat to the said Mr Thomas upon Saturnday being the twentie third of the said moneth as instruments taken therupon does testifie And yet notwithstanding therof the said Mr Thomas Halyburtoune in high contempt of his majesties authoritie and authoritie of The Lords of Sessione most illegallie and wnwarrantablie came upon the twentie fifth or twentie Sixth of the said moneth with Severall armed men and others of his Complices And masterfullie and violently take and cary away not onlie the Complainers haill cornes in his barne and barne yeard and other goods belonging to him But also the insight and plainshing of his house wherby he and his wife and many Small childreine are Stript and destitut of all maner of Subsistance haveing nothing at all left to them but to Depend upon the charitie of good people By all which it may evidently appear to the saids Lords of privie Counsell That the said Mr Thomas Halyburtowne is gwiltie of ane high and manifest ryot injurie and oppressione And therfor he ought not only to be ordained to restore and deliver back to the complainer the cornes and plainshing with the Sheep nolt that were Soe wnwarrantablie taken away by him in als good caise and conditione as they were the tyme of the wnlaufull away takeing or to make payment to the Complainer of the Soume of Five Hundereth merks as the prices and valwe therof Conforme to ane particular inventar therof which is produced with this lybell as ane pairt therof brevitatis causa And of the Soume of Ane Hundereth pwnds of Damnadges Sustained by the complainer through the wrongous imprisoned upon ane Captione which was payed in maner foirsaid And the said illegall wnwarrantable ryot But alse ought and Should be fyned and pwnished in his persone and goods to the terror of others to comitt the lyke in tyme comeing And anent the charge given to the said defender given to the said defender to have compeared personally befor the saids Lords of privie Counsell and to have ansuered to the foirsaid 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 and putting of him to the horne etc As in The principall Letters and executiones therof more fullie bears Which Lybell or Letters of complaint haveing bein upon the threttie one of december Last bypast called in presence of The Lords of privie Counsell And the persewar Compeareing personallie with Mr John Meinzes Mr William Hog and Mr Mathew Mckee his Advocats and the said Mr Thomas Halyburtowne Defender Compeareing also personallie with Sir James Ogilvie his Majesties Solicitor his Advocat Thae Lybell and ansuers made therto for the defender being red and both pairties Advocats fullie heard The Councell admitted the lybell to probatione And the wittnesses compeareing haveing made faith The Councell appointed a comittie of ther oun number to examine the wittnesses Reserveing all objectiones that may be made against them to be Discust befor the Comittie And Some of the witnesses failled to compear and Severall of them which compeared haveing withdrawen befor they had deponed The Counsell by ther interloquitor of the Sevinth of Janwary Last granted furder dilligence by Captione against these wittnesses And the Comittie haveing called for and examined the saids wittnesses They deponed as ther oathes and depositiones extant in proces bears And upon the thretteinth of February instant The Councell being abowt to advise the probatione of this process they caused call the said Mr Thomas Halyburtowne Defender who being called faillzed to compear And therfor the Counsell Delayed the adviseing of the process till this day And ordained the Same to be intimat to the Defenders agent to the effect he might have advertised his client to be present this day with certificatione if he compeared not The Counsell would advise the process without him Which intimatione being made And the Said Mr Thomas haveing faillied to Compeare The Saids Lords of his majesties privie Counsell haveing this day Considered the depositiones of the wittnesses with the haill probatione adduced for the perswer in the above process They find the ryot Lybelled Sufficiently proven And modifies the Soume of Six Hundereth and fiftie merks Scotts in place of the haill Damnadge and prejudice done to the persewar and of the haill charges and expensses that the hes bein putt to in the mater lybelled And Decernes and ordaines the Said Mr Thomas Halyburtoune defender to make payment to the said William Adam persewer of the said Soume of Six Hundereth and fiftie merks And doe heirby give order and warrant to the macers of privie Counsell or messengers at armes to pass Seek Search take and apprehend the persone of the said Mr Thomas Halyburtowne and comitt him to prisone untill he make payment of the foirsaid Soume.

1. NRS, PC2/26, 132v-135v.

1. NRS, PC2/26, 132v-135v.

Act, 18 February 1696, Edinburgh

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Act

Act John Forbester and his wife

The Lords of his majesties privie Counsell haveing considered the report of a comittie of ther own number appointed for reconcileing the Differneces betuixt John Fowbister burges2 of the Canongate and Jean Durhome his Spouse off which report the tenor followes The Comittie haveing called befor them the Said John Fowbister who was brought from prisone wnder gwaird at comand of the Comittie The gwaird being removed John Fowbister was declaired to be a frie man and wnder no restraint And he imediatly therefter Did Signe a dispositione in favoures of his wife and childrein of the day and date heirof Containing severall conditiones therin and filled up the date wittnesses names and designationes with his own hand And lykewayes Signed ane inactment and consent for his banishment owt of his majesties Dominiones if at any tyme herefter he Shall beatt or abwse his wife as he hes Done formerly And the Comittie appointed the dispositione to be given up to Dwntarvie the wifes father And appointed the inactment to remaine in the hands of the clerks of Cownsell And at the Same tyme Signed and Delivered to the Said John Fowbister a warrand Direct to the magestrats of Edinburgh and keeper of ther tollbwith to Sett him at Libertie furth therof And the comittie considering that ther were two Leathrine baggs with money belonging to the said John Fowbister Consigned in the hands of Mr Patrick Creichtowne writer in the Clerks of Counsells office to remaine ther till furder order And that Since consigneing therof ther hes bein money taken owt and given to John Fowbister and his wife by order and at Sight of The Comittie And that therby ane of the baggs is exhausted and the money now remaineing is all in the other bagg which is Sealled by the Said John his deall at Sight of The Lord Advocat They gave order and warrand to the Said Mr Patrick Creichtowne to Delyver the foirsaid Sealled bagg with the money which is therin to the said John Fowbister upon his recept of all which the Comittie make report to the Counsell The Saids Lords of his majesties privie Counsell Doe heirby approve of the said report and ordaines the persones named in the Comitties orders to act and doe according to the tenor of these orders which are heirby approven.

Att Edinburgh the Eightein day of Febrwary Jaj vic nyntie Six yeirs

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Act

Act John Forbester and his wife

The Lords of his majesties privie Counsell haveing considered the report of a comittie of ther own number appointed for reconcileing the Differneces betuixt John Fowbister burges2 of the Canongate and Jean Durhome his Spouse off which report the tenor followes The Comittie haveing called befor them the Said John Fowbister who was brought from prisone wnder gwaird at comand of the Comittie The gwaird being removed John Fowbister was declaired to be a frie man and wnder no restraint And he imediatly therefter Did Signe a dispositione in favoures of his wife and childrein of the day and date heirof Containing severall conditiones therin and filled up the date wittnesses names and designationes with his own hand And lykewayes Signed ane inactment and consent for his banishment owt of his majesties Dominiones if at any tyme herefter he Shall beatt or abwse his wife as he hes Done formerly And the Comittie appointed the dispositione to be given up to Dwntarvie the wifes father And appointed the inactment to remaine in the hands of the clerks of Cownsell And at the Same tyme Signed and Delivered to the Said John Fowbister a warrand Direct to the magestrats of Edinburgh and keeper of ther tollbwith to Sett him at Libertie furth therof And the comittie considering that ther were two Leathrine baggs with money belonging to the said John Fowbister Consigned in the hands of Mr Patrick Creichtowne writer in the Clerks of Counsells office to remaine ther till furder order And that Since consigneing therof ther hes bein money taken owt and given to John Fowbister and his wife by order and at Sight of The Comittie And that therby ane of the baggs is exhausted and the money now remaineing is all in the other bagg which is Sealled by the Said John his deall at Sight of The Lord Advocat They gave order and warrand to the Said Mr Patrick Creichtowne to Delyver the foirsaid Sealled bagg with the money which is therin to the said John Fowbister upon his recept of all which the Comittie make report to the Counsell The Saids Lords of his majesties privie Counsell Doe heirby approve of the said report and ordaines the persones named in the Comitties orders to act and doe according to the tenor of these orders which are heirby approven.

1. NRS, PC2/26, 131v-132v.

2. Insertion.

1. NRS, PC2/26, 131v-132v.

2. Insertion.

Order, 18 February 1696, Edinburgh

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Order

Recomendatione James Dalgleish

Anent the petitione given in to the Lords of his majesties privie Counsell be James Dalgleish only child on life to the deceast James Dallgleish baxter burges of Edinburgh Craveing in respect of his fathers great Losses by and for the publict without any repetitione that the saids Lords of privie Counsell would be pleased in the first place to recomend the petitioner to The Lords of his majesties thesaurie for Such a Soume as the Saids Lords of privie Counsell Shall think meet to Supplie his present pressing necessities to be payed him by the cashkeeper or owt of the first and readiest or any other fond, which may be presently effectuall And in the next place to recomend him to the parliament for laying Downe Some effectuall way how he may be repayed of the remaines of the foirsaids Soumes advanced And Losses Sustained by his said Deceast father The Lords of his majesties privie Counsell haveing heard the above petitione red in ther presence they heirby appoint the petitioner find owt and condescend upon a vaccant Stipend of any of the churches of his majesties patronage And recomends to The Lords Commissioners of his majesties thesaurie to allow to the petitioner a yeirs vaccancy of the Said Stipend for his Support and releiffe

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Order

Recomendatione James Dalgleish

Anent the petitione given in to the Lords of his majesties privie Counsell be James Dalgleish only child on life to the deceast James Dallgleish baxter burges of Edinburgh Craveing in respect of his fathers great Losses by and for the publict without any repetitione that the saids Lords of privie Counsell would be pleased in the first place to recomend the petitioner to The Lords of his majesties thesaurie for Such a Soume as the Saids Lords of privie Counsell Shall think meet to Supplie his present pressing necessities to be payed him by the cashkeeper or owt of the first and readiest or any other fond, which may be presently effectuall And in the next place to recomend him to the parliament for laying Downe Some effectuall way how he may be repayed of the remaines of the foirsaids Soumes advanced And Losses Sustained by his said Deceast father The Lords of his majesties privie Counsell haveing heard the above petitione red in ther presence they heirby appoint the petitioner find owt and condescend upon a vaccant Stipend of any of the churches of his majesties patronage And recomends to The Lords Commissioners of his majesties thesaurie to allow to the petitioner a yeirs vaccancy of the Said Stipend for his Support and releiffe

1. NRS, PC2/26, 131r-131v.

1. NRS, PC2/26, 131r-131v.

Act, 18 February 1696, Edinburgh

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Att Edinburgh the Eightein day of Febrwary Jaj vic nyntie Six yeirs

D1696/2/261

Act

Act Charles Murray and heretors of Newtoun

Anent the petitione given in to The Lords of his majesties privie Counsell be The heretors and others within the paroch of Newtowne Shewing That wher through the vaccancie of the said paroch for the yeir Jaj vic and nyntie and Since Syne the fabrick of the kirk is totally rwined and the kirkyeard Dykes So Demolished that they are alltogither Levell with the ground And also the manse is whollie fallen Downe and must of necessitie with the haill office houses therto belonging be bwilt from the very fundatione befor a minister can possess the Same And Seing the petitioners are about to call a minister by wnanimous consent of the paroch and that necessar it is the manse be made habiteable for him and the kirk putt in repaire As also it is absolutely necessarie that severall small bridges be bwilt in Sundrie pairts of the paroch to make the access passable to the said kirk in the winter tyme And that the Shappell of the said kirk now readie to fall be bwilt and repaired for doeing all which piows works the haill heretors with The Earle of Lawderdale as haveing right to the patronadge Doe wnanimousely consent that the vaccant stipend of the said paroch for the yeir Jaj vic and nyntie and Since Syne be uplifted by Charles Murray of Hadden as factor nominat be them upon his finding cautione to apply the Same for the piows wses foirsaids at the Sight of The Earle of Lauderdale And Such of the heretors of the said paroch as the saids Lords of privie Counsell or the said Earle Shall please to nominat 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 privie Cownsell They heirby allow the vaccant Stipend of the said kirk of Newtowne for the yeir Jaj vic and nyntie, nyntie one, nyntie two, nyntie thrie, nyntie four, and Jaj vic and nyntie five to be imployed for repaireing of the fabrick of the said kirk and kirkyeard Dykes and for bwilding the ministers manse of the paroch and office houses belonging therto and for bwilding of Severall Small bridges in Sundrie pairts of the paroch to make the access passable to the kirk in the winter tyme And for bwilding and repaireing the Steiple of the Said kirk And nominats and appoints the above Charles Murray of Hadden to be factor for uplifting the saids vaccant Stipends And ordaines him to be readiely ansuered obeyed and payed therof be the heretors fewars wodsetters Liferenters titullars tacksmen of teinds tenents possessors and others lyable in payment of the saids yeirs vaccant Stipends And ordaines Letters of Horning and others needfull to be direct heiron at the Said Charles Murray of Hadden factor foirsaid his instance against the heretors and others foirsaids lyable in payment of the said vaccant Stipends upon productione of a decreit of Localitie And in caise ther be non ordaines the heretors and others forsaids to make payment to the said factor of ther respective proportiones therof according as they shall be determined and decerned by the Judge ordinary The said factor allwayes first befor extracting giveing bond and finding sufficient cautione acted in the books of privie Counsell that he Shall imploy the saids Stipends upon the ends and uses forsaids And that he Shall make payment to the Lords of privie Counsell or any whom they Shall appoint of the Superplws of the Saids vaccant Stipends So farr as the Same Shall not be imployed for the ends and wses foirsaids And the saids Lords declaires that this act is burdened with and does not extend to or comprehend any pairt of the vaccant Stipend of the said kirk alreadie given by the Saids Lords of privie Counsell to Gilbert Lawrie minister of the gospell conforme to ther act in his favoures of the date the twentie eight day of October Jaj vic nyntie And ordaines the said Charles Murray to make payment of the Stipend to the said Gilbert Laurie contained in the said act whensoever the Same Shall be uplifted by him

Att Edinburgh the Eightein day of Febrwary Jaj vic nyntie Six yeirs

D1696/2/261

Act

Act Charles Murray and heretors of Newtoun

Anent the petitione given in to The Lords of his majesties privie Counsell be The heretors and others within the paroch of Newtowne Shewing That wher through the vaccancie of the said paroch for the yeir Jaj vic and nyntie and Since Syne the fabrick of the kirk is totally rwined and the kirkyeard Dykes So Demolished that they are alltogither Levell with the ground And also the manse is whollie fallen Downe and must of necessitie with the haill office houses therto belonging be bwilt from the very fundatione befor a minister can possess the Same And Seing the petitioners are about to call a minister by wnanimous consent of the paroch and that necessar it is the manse be made habiteable for him and the kirk putt in repaire As also it is absolutely necessarie that severall small bridges be bwilt in Sundrie pairts of the paroch to make the access passable to the said kirk in the winter tyme And that the Shappell of the said kirk now readie to fall be bwilt and repaired for doeing all which piows works the haill heretors with The Earle of Lawderdale as haveing right to the patronadge Doe wnanimousely consent that the vaccant stipend of the said paroch for the yeir Jaj vic and nyntie and Since Syne be uplifted by Charles Murray of Hadden as factor nominat be them upon his finding cautione to apply the Same for the piows wses foirsaids at the Sight of The Earle of Lauderdale And Such of the heretors of the said paroch as the saids Lords of privie Counsell or the said Earle Shall please to nominat 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 privie Cownsell They heirby allow the vaccant Stipend of the said kirk of Newtowne for the yeir Jaj vic and nyntie, nyntie one, nyntie two, nyntie thrie, nyntie four, and Jaj vic and nyntie five to be imployed for repaireing of the fabrick of the said kirk and kirkyeard Dykes and for bwilding the ministers manse of the paroch and office houses belonging therto and for bwilding of Severall Small bridges in Sundrie pairts of the paroch to make the access passable to the kirk in the winter tyme And for bwilding and repaireing the Steiple of the Said kirk And nominats and appoints the above Charles Murray of Hadden to be factor for uplifting the saids vaccant Stipends And ordaines him to be readiely ansuered obeyed and payed therof be the heretors fewars wodsetters Liferenters titullars tacksmen of teinds tenents possessors and others lyable in payment of the saids yeirs vaccant Stipends And ordaines Letters of Horning and others needfull to be direct heiron at the Said Charles Murray of Hadden factor foirsaid his instance against the heretors and others foirsaids lyable in payment of the said vaccant Stipends upon productione of a decreit of Localitie And in caise ther be non ordaines the heretors and others forsaids to make payment to the said factor of ther respective proportiones therof according as they shall be determined and decerned by the Judge ordinary The said factor allwayes first befor extracting giveing bond and finding sufficient cautione acted in the books of privie Counsell that he Shall imploy the saids Stipends upon the ends and uses forsaids And that he Shall make payment to the Lords of privie Counsell or any whom they Shall appoint of the Superplws of the Saids vaccant Stipends So farr as the Same Shall not be imployed for the ends and wses foirsaids And the saids Lords declaires that this act is burdened with and does not extend to or comprehend any pairt of the vaccant Stipend of the said kirk alreadie given by the Saids Lords of privie Counsell to Gilbert Lawrie minister of the gospell conforme to ther act in his favoures of the date the twentie eight day of October Jaj vic nyntie And ordaines the said Charles Murray to make payment of the Stipend to the said Gilbert Laurie contained in the said act whensoever the Same Shall be uplifted by him

1. NRS, PC2/26, 130r-131r.

1. NRS, PC2/26, 130r-131r.

Judicial Proceeding, 18 February 1696, Edinburgh

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Att Edinburgh the Eightein day of Febrwary Jaj vic nyntie Six yeirs

D1696/2/251

Judicial Proceeding

Mr Patrick Reids petition refused

The Lords of his majesties privie Counsell haveing considered the petitione given in to them be Mr Patrick Reid preacher of the Gospell craveing his wifes aliment to be discharged with the ansuers made therto for Elizabeth Ogilvie his Spouse They heirby refuise the desyre of Mr Patricks Reids petitione And adheres to the interloquitor formerly pronunced at his wifes instance for her aliment therin mentioned dated the Eleventh day of February instant

Att Edinburgh the Eightein day of Febrwary Jaj vic nyntie Six yeirs

D1696/2/251

Judicial Proceeding

Mr Patrick Reids petition refused

The Lords of his majesties privie Counsell haveing considered the petitione given in to them be Mr Patrick Reid preacher of the Gospell craveing his wifes aliment to be discharged with the ansuers made therto for Elizabeth Ogilvie his Spouse They heirby refuise the desyre of Mr Patricks Reids petitione And adheres to the interloquitor formerly pronunced at his wifes instance for her aliment therin mentioned dated the Eleventh day of February instant

1. NRS, PC2/26, 129v-130r.

1. NRS, PC2/26, 129v-130r.

Sederunt, 18 February 1696, Edinburgh

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Att Edinburgh the Eightein day of Febrwary Jaj vic nyntie Six yeirs1

D1696/2/242

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Lawderdale; Earl of Kintore; Lord Carmichael; Lord Polwarth; Lord Justice Clerk; Laird of Grant; Laird of Blackbarrony; Laird of Pollock; Sir Thomas Livingstone; Sir George Campbell

Att Edinburgh the Eightein day of Febrwary Jaj vic nyntie Six yeirs1

D1696/2/242

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Lawderdale; Earl of Kintore; Lord Carmichael; Lord Polwarth; Lord Justice Clerk; Laird of Grant; Laird of Blackbarrony; Laird of Pollock; Sir Thomas Livingstone; Sir George Campbell

1. NRS, PC2/26, 129v.

2. NRS, PC2/26, 129v.

1. NRS, PC2/26, 129v.

2. NRS, PC2/26, 129v.