Tag Archives: February

Procedure, 13 February 1696, Edinburgh

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D1696/2/231

Procedure

Comittie anent John Adair and Slezer

The Lords of his majesties privie Cownsell Doe heirby add Sir John Maxwell of Pollock to the comittie formerly appointed anent the applyeing and proportioneing of the impositione upon twnnage appointed be act of parliament in favoures of John Adair Geographer and Captaine Slezer And impouers the Said Comittie not only to Sie the impositione applyed and proportioned as Said is Bwt Likewayes to Draw precepts upon the generall receaver for payment of Such pairts of the Said impositione to any of the Saids two persones in Such qwantities and by Such proportiones as they Shall find Just And ordaines the Said generall receaver to make payment of the Soumes contained in the Saids precepts And recomends to the Said Comittie to consider what cellarie will be fitt to be allowed to Hugh Browne Surveyer or Supervisor appointed for Seing the Said impositione collected and ingathered And to report ther opinion therin to the councell And declaires any two of the Said Comittie to be a Sufficient qworum

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

D1696/2/231

Procedure

Comittie anent John Adair and Slezer

The Lords of his majesties privie Cownsell Doe heirby add Sir John Maxwell of Pollock to the comittie formerly appointed anent the applyeing and proportioneing of the impositione upon twnnage appointed be act of parliament in favoures of John Adair Geographer and Captaine Slezer And impouers the Said Comittie not only to Sie the impositione applyed and proportioned as Said is Bwt Likewayes to Draw precepts upon the generall receaver for payment of Such pairts of the Said impositione to any of the Saids two persones in Such qwantities and by Such proportiones as they Shall find Just And ordaines the Said generall receaver to make payment of the Soumes contained in the Saids precepts And recomends to the Said Comittie to consider what cellarie will be fitt to be allowed to Hugh Browne Surveyer or Supervisor appointed for Seing the Said impositione collected and ingathered And to report ther opinion therin to the councell And declaires any two of the Said Comittie to be a Sufficient qworum

1. NRS, PC2/26, 129v.

1. NRS, PC2/26, 129v.

Sederunt, 13 February 1696, Edinburgh

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D1696/2/222

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Lauderdale; Earl of Kintore; Lord Carmichaell; Lord Pollwarth; Lord Justice Clerk; Lord Anstruther; Laird of Grant; Laird of Blackbarrony; Laird of Stevensone; Laird of Pollock; Sir George Campbell

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

D1696/2/222

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Lauderdale; Earl of Kintore; Lord Carmichaell; Lord Pollwarth; Lord Justice Clerk; Lord Anstruther; Laird of Grant; Laird of Blackbarrony; Laird of Stevensone; Laird of Pollock; Sir George Campbell

1. NRS, PC2/26, 129r.

2. NRS, PC2/26, 128r-129r.

1. NRS, PC2/26, 129r.

2. NRS, PC2/26, 128r-129r.

Act, 11 February 1696, Edinburgh

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Att Edinburgh the Eleventh day of February Jaj vic nyntie Six yeirs

D1696/2/211

Act

Act Fea of Whitehall Against Lopnes

Anent the petitione given in to The Lords of his majesties privie Counsell be Barbara Traill Spouse to Patrick Fea of Whytehall Shewing That wher it is notourely Known to the saids Lords how the petitioners husband and her and her family hes been Spwillzed and oppressed Be Robert Elphingstowne of Lopnes Malcome Scollay of Hwntowne And ther accomplisses wherby they did Spwillzea and away take all ther proppertie and hes casten ther Lands weast these two yeirs bygone which payes upwards of Ane Thousand pund yeirly to The King and yet all this would not Satisfie the maliciows inclinatione of the Saids Robert Elphingstowne of Lopnes Mallcome Scollay and ther accomplisses But Lopnes Likewayes caused arreist in his Fiscalls name Six Hundereth Sheep or therby into the holme of Anskerry pertaining the petitioners husband and her And Likewayes caused arreast Severall rents in ther tennents hands which was resting and did seaze upon ane great Copper kettle All which was not given up in the List of the goods comprised given in by Lopnes himself to the Saids Lords of privie Counsell which extends touards Four Thousand merks which farr exceeds his pretended fyne of Thrie Thousand merks albeit the Samen had bein Just (as it is not) And that it is notourely knowen to the Saids Lords of privie Counsell how Long the petitioners hwsband herself and Severall of the Childrein hes bein heire attending upon the Counsell towards ther being remeided against Swch wnjust acts of oppression And atlast The Saids Lords of privie Counsell his remitted them to The Lords of Sessione And that the Said Malcome Scollay was not only ane great Instigator and Stirleing up of Lopnes to what he did But Likewayes in contempt of authoritie did Stopp the haill ferries when the Kings Messinger was to execut the petitioners hubsands Letters from the Counsell which is instructed therin the proces And therfor Beseeching the Saids Lords of privie Counsell to take the premisses to ther Sereows consideratione And to grant warrand to the petitioners to intromett with ther own Sheep and ther product and the rests Due be the tenents and goods in ther hands And the copper kettle To all which the Said Robert Elphingstoun of Lopnes can have no pretence And Likewayes to Decerne Such ane competent Damnadge and expensses Against the Said Mallcome Scollay who hes bein altogither the main instigator of ther oppressione which Lopnes himself could not deny befor the Committie As the Saids Lords of privie Counsell in Justice Shall think fitt As the Said petitione beares Which petitione being this day red and considered be The Saids Lords of privie Counsell with the ansuers made therto for Robert Elphingstowne of Lopnes They heirby remitt both the bills and ansuers to The Lords of Counsell and Sessione

Att Edinburgh the Eleventh day of February Jaj vic nyntie Six yeirs

D1696/2/211

Act

Act Fea of Whitehall Against Lopnes

Anent the petitione given in to The Lords of his majesties privie Counsell be Barbara Traill Spouse to Patrick Fea of Whytehall Shewing That wher it is notourely Known to the saids Lords how the petitioners husband and her and her family hes been Spwillzed and oppressed Be Robert Elphingstowne of Lopnes Malcome Scollay of Hwntowne And ther accomplisses wherby they did Spwillzea and away take all ther proppertie and hes casten ther Lands weast these two yeirs bygone which payes upwards of Ane Thousand pund yeirly to The King and yet all this would not Satisfie the maliciows inclinatione of the Saids Robert Elphingstowne of Lopnes Mallcome Scollay and ther accomplisses But Lopnes Likewayes caused arreist in his Fiscalls name Six Hundereth Sheep or therby into the holme of Anskerry pertaining the petitioners husband and her And Likewayes caused arreast Severall rents in ther tennents hands which was resting and did seaze upon ane great Copper kettle All which was not given up in the List of the goods comprised given in by Lopnes himself to the Saids Lords of privie Counsell which extends touards Four Thousand merks which farr exceeds his pretended fyne of Thrie Thousand merks albeit the Samen had bein Just (as it is not) And that it is notourely knowen to the Saids Lords of privie Counsell how Long the petitioners hwsband herself and Severall of the Childrein hes bein heire attending upon the Counsell towards ther being remeided against Swch wnjust acts of oppression And atlast The Saids Lords of privie Counsell his remitted them to The Lords of Sessione And that the Said Malcome Scollay was not only ane great Instigator and Stirleing up of Lopnes to what he did But Likewayes in contempt of authoritie did Stopp the haill ferries when the Kings Messinger was to execut the petitioners hubsands Letters from the Counsell which is instructed therin the proces And therfor Beseeching the Saids Lords of privie Counsell to take the premisses to ther Sereows consideratione And to grant warrand to the petitioners to intromett with ther own Sheep and ther product and the rests Due be the tenents and goods in ther hands And the copper kettle To all which the Said Robert Elphingstoun of Lopnes can have no pretence And Likewayes to Decerne Such ane competent Damnadge and expensses Against the Said Mallcome Scollay who hes bein altogither the main instigator of ther oppressione which Lopnes himself could not deny befor the Committie As the Saids Lords of privie Counsell in Justice Shall think fitt As the Said petitione beares Which petitione being this day red and considered be The Saids Lords of privie Counsell with the ansuers made therto for Robert Elphingstowne of Lopnes They heirby remitt both the bills and ansuers to The Lords of Counsell and Sessione

1. NRS, PC2/26, 128r-129r.

1. NRS, PC2/26, 128r-129r.

Act, 11 February 1696, Edinburgh

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Att Edinburgh the Eleventh day of February Jaj vic nyntie Six yeirs

D1696/2/201

Act

Act Laird of Lwss

Anent the petitione given in to the Lords of his Majesties privie Cownsell be Sir Humphray Colqwhown of Lwss Shewing That wher there is at present no Shirreff of the Shyre of Dumbartine And therby diverse persones take Libertie to incroach upon the petitioners propertie And especiallie to fish with bleizes rods and otherwayes in the water of Leaven particularly the souldiers and other idle persones about Dumbartine and Living on the said water Though the fishing in the said water be a pairt of the petitioners unqwestioned right contained in the dispositive of his and his authors Charters and infestments following theron And wherof They have bein in wninterrupted possessione past memorie of man And although the petitioner does Conceave it to be a pairt of his privat right as barron To cease and apprehend any who incroach upon his propertie within the Jurisdictione of his barronie and to pwnish and fyne according to the ordinary cwstome of barron courts therfor Yet to prevent all pretence of disorder It is therfor humbly craved the saids Lords of privie Counsell will be pleased to warrant and authorize the petitioner to seize apprehend and unpose moderate fynes upon such who shall heirefter incroach upon the petitioners proppertie and fishing in maner foresaid atleast to detaine them untill they find Sufficient cautione not to comitt the Like in tyme comeing Conforme to the custome of barrone courts As the said petitione bears Which being this day red and considered be the saids Lairds of privie Counsell They appoint Sir Gilbert Eliot ther clerk to wryte to the Governor of Dumbartin castle or other officers therof And Signifie to them it is the Counsells pleasure that they doe not suffer nor permitt any of the Souldiers belonging to the said Garisone to fish or incroach upon the petitioners proppertie and fishing mentioned in the above petitione wnder such certificationes as the governor or Deputy Governour Shall think fitt to impose upon them

Att Edinburgh the Eleventh day of February Jaj vic nyntie Six yeirs

D1696/2/201

Act

Act Laird of Lwss

Anent the petitione given in to the Lords of his Majesties privie Cownsell be Sir Humphray Colqwhown of Lwss Shewing That wher there is at present no Shirreff of the Shyre of Dumbartine And therby diverse persones take Libertie to incroach upon the petitioners propertie And especiallie to fish with bleizes rods and otherwayes in the water of Leaven particularly the souldiers and other idle persones about Dumbartine and Living on the said water Though the fishing in the said water be a pairt of the petitioners unqwestioned right contained in the dispositive of his and his authors Charters and infestments following theron And wherof They have bein in wninterrupted possessione past memorie of man And although the petitioner does Conceave it to be a pairt of his privat right as barron To cease and apprehend any who incroach upon his propertie within the Jurisdictione of his barronie and to pwnish and fyne according to the ordinary cwstome of barron courts therfor Yet to prevent all pretence of disorder It is therfor humbly craved the saids Lords of privie Counsell will be pleased to warrant and authorize the petitioner to seize apprehend and unpose moderate fynes upon such who shall heirefter incroach upon the petitioners proppertie and fishing in maner foresaid atleast to detaine them untill they find Sufficient cautione not to comitt the Like in tyme comeing Conforme to the custome of barrone courts As the said petitione bears Which being this day red and considered be the saids Lairds of privie Counsell They appoint Sir Gilbert Eliot ther clerk to wryte to the Governor of Dumbartin castle or other officers therof And Signifie to them it is the Counsells pleasure that they doe not suffer nor permitt any of the Souldiers belonging to the said Garisone to fish or incroach upon the petitioners proppertie and fishing mentioned in the above petitione wnder such certificationes as the governor or Deputy Governour Shall think fitt to impose upon them

1. NRS, PC2/26, 127v-128r.

1. NRS, PC2/26, 127v-128r.

Decreet, 11 February 1696, Edinburgh

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D1696/2/191

Decreet

Decreit Elizabeth Ogilvie Against Mr Patrick Reed her husband

Anent the petitione given in to The Lords of his majesties privie Cownsell be Elizabeth Ogilvie Spouse to Mr Patrick Reid sometyme preacher of the Gospell Shewing That wher the petitioner haveing by way of contract of mariadge with the said Mr Patrick assigned him in bonds and tickets to the Soume of Six thousand merks Scotts or therby and in contemplatione therof he was to provyde her to the Soume of Three Hundereth merks yeirly efter his decease But the petitioner being ane ignorant woeman and haveing imployed no bodie for her to Sie to her Securitie But trwsted all to the Said Maister Patrick himself altho he walked very wnansuerablie to the said trust (for the petitioner is informed that he hes only provided her to Two Hundereth merks) nor would he allow her to bring any body with her But did Lead her hand himself wher the petitioner Subscribed the Samen as can be proven by the wittnesses insert therin when the Same is produced And which contract of mariadge he hes ever Since kept in his custodie without giveing the petitioner and double therof or Suffering her to Sie the Same soe that the petitioner is intirely ignorant of what is contained therin And he hes therby become maister of all her meanes and hes Secured the Same to himself and his Sone in the first mariadge And hes not only rendered the petitioner miserable dureing the mariadge but herto by omitting those conjugall dueties incumbent in ane duetifull and Loveing husband to ane wife Such as bed board cloathing and other necessaries Suteable to the petitioners qwalitie and the meanes disponed to him as said is contrair to the Lawes both of God and man and these Dueties which he was obleidged to by the said mariadge But hes also rendered the petitioner much more miserable for the future in caice She Shall happen to Survive him Haveing nothing to expect through his decease by the comwnion of the goods betuixt them And wherof a great pairt propperly belonged to herself And She haveing ane good right therto by Law efter the dissolutione of the mariadge the Samen being altogither unbasled and sent away to his said sone who Lives in Galloway And that from a most Simstruous designe to force the petitioner to follow him to Such ane remote place of purpose to distroy her altogither And which She humbly conceaves The Saids Lords of privie Counsell will never obleidge her to doe for the reasons following primo the said Mr Patrick hes Lived very wnchristeanly and behaved most barbarousely to the petitioner ever since She was maried to him And it is very well knowen to all the neighboures that hes Lived besyde ws for these Six or Seven yeirs past That tho the said Mr Patrick was all wayes in towne yet he was never in wse to eate ane meale of meate at his own house once in ane qwartor of a yeir And al that he allowed to the petitioner and ane servant woeman to Subsist upon was ane peck of meall in the week and halfe ane pennie a day so that if the petitioner had not bein obleidged to her christean and chariteable freinds who well knew her circumstances She had bein Starved to death Long or this tyme Secundo the petitioner can make it appear that he hes freqwently offered to Strick her behind the Lwgg with ane hammer and so to be qwite of her And that he hes also frequently declaired that he had no more Love and affection for her nor he had for ane Stone so that the petitioner hopes The Saids Lords will Judge it very hard to obleidge her to Stay with ane man that hes expresst himself so concerning her Tertio it is instantly proven by ane instrument produced with the said petitione that upon the threttein day of May Last he did most wnhwmainly and wnchristeanely and without any Just cause or occasione whatsomever thrust the petitioner out of his duelling house and the better to keepe her from returning therto againe cawsed alter both Lock and key of the Door therof Refwseing to give her owt Soe much as her ordinary weareing cloathes And the petitioner his never Since had So much as one Sixpense from him so that by this his wnchristeane deportment the petitioner is redacted to very great miserie and povertie And She is no longer able to Subsist without the saids Lords of privie Counsell provide Some Speedie remedie And therfor humbly craveing that the saids Lords would take the premisses sereowsely to ther consideratione And in respect therof to modifie ane competent allowance to be payed to the petitioner by the said Mr Patrick out of her own meanes And that yeirly by way of aliment for her better subsistance in tyme comeing Conforme to the Saids Lords ther daylie practice in the lyke caises And Likewaeyes to ordaine him to produce the foirsaid contract of mariadge in the clerks hands to the effect the same may be registrat And the petitioner may have ane extract therof And to authorize any freind the petitioner shall nominat at whose instance executione may pass both for payment of the said yeirly aliment And for implementing of his obleisements contained in the said contract As the said petitione at more length bears which being upon the twentie Sixth of november Last bypast red in presence of the saids Lords they allowed the said Mr Patrick Reid to Sie and ansuer the Same And by ther interloquitor of the Second of Janwary Last bypast recomended to a comittie of ther own number to consider the petitione and ansuers made therto for the said Mr Patrick and to endeavoure to Setle and agrie pairties And the comittie Haveing mett and called for and heard both pairties And not being able to Setle and agrie them made ther report to the Counsell that the petitioner alleadges her husband hes beatt her and putt her out of his familie severall tymes and craved a dilligence for proveing the alleadgeance and citeing the wittnesses And the Saids Lords haveing upon the seventh day of Janwary instant considered the foirsaid report they allowed ther clerk to give out Letters of dilligence to the petitioner for proveing the points of her petitione and ordained the said Mr Patrick Reid her husband to produce The contract of mariadge past betuixt him and her into the hands of ther clerk of Counsell conforme wherinto the petitioner did take owt Letters of dilligence And therupon cited Severall wittnesses who haveing all compeared upon the Sixtein day of Janwary Last bypast and haveing made faith at the barr The Councell appointed a comittie of ther own number to examine the saids wittnesses Reserveing all objectiones which might be made against them to be proponed and discust by the Comittie And the said comittie haveing mett they called befor the diverse and Sundrie famows wittnesses who being all Solemnly Sworne and examined Deponed and declaired as ther oathes extant in process beares And the saids Lords of his majesties privie Counsell haveing this day considered the depositiones of the wittnesses adduced for the petitioner with the contract of Mariadge betuixt the petitioner and her husband Togither with ane other petitione given in by the petitioner They heirby modifie to the petitioner the aliment following viz the rents and Dueties of the thrie pennie Land of Clack with the pertinents Lying in the paroch of Evie and Stewartie of Orkney wodsett to the Said Elizabeth Ogilvie for the Soume of Eight Hundereth merks wherupon the Same is redeimeable And the annualrent of the principall Sowme of Ane Thousand and fiftie pwnds Scotts resting be Samwell Forbes of Foverane to the said Elizabeth Ogilvie her said husbadn Comenceing the said aliment from the terme of Mertimes Last bypast And decernes ane aqwavita Polland Caldrone which pertained to the said Elizabeth and is now in the custodie of her said husband to pertaine and belong to the said Elizabeth And decernes and ordaines the tenents and possessors of the said thrie pennie Land of Clack with the pertinents to make payment to her of the maills and Dweties of the Same And in caice the Same be redeuned Decerns and ordaines the persones to whom the said Soume of Eight Hundereth merks Shall be payed to make payment to her of the annualrent of the said Eight Hundereth merks yeirlie comenceing from the said terme of Mertimes Last And Decernes and ordaines the Said Samwell Forbes of Foveraine To make payment to the said Elizabeth of the aboverent of the said soume of Ane Thousand and fiftie punds Scots Comenceing as said is And decernes and ordaines the said Mr Patrick Reid or Robert Wisehart at the Craige well to whom he hes sett the said aqwavita pott and Caldron to exhibite and deliver the said pott and Caldron to the said Elizabeth Ogilvie to be sett owt and made wse of by her for her aliment And ordaines Letters of horneing and others needfull to be direct heirin on fiftein dayes warening in forme as effeirs

Att Edinburgh the Eleventh day of February Jaj vic nyntie Six yeirs

D1696/2/191

Decreet

Decreit Elizabeth Ogilvie Against Mr Patrick Reed her husband

Anent the petitione given in to The Lords of his majesties privie Cownsell be Elizabeth Ogilvie Spouse to Mr Patrick Reid sometyme preacher of the Gospell Shewing That wher the petitioner haveing by way of contract of mariadge with the said Mr Patrick assigned him in bonds and tickets to the Soume of Six thousand merks Scotts or therby and in contemplatione therof he was to provyde her to the Soume of Three Hundereth merks yeirly efter his decease But the petitioner being ane ignorant woeman and haveing imployed no bodie for her to Sie to her Securitie But trwsted all to the Said Maister Patrick himself altho he walked very wnansuerablie to the said trust (for the petitioner is informed that he hes only provided her to Two Hundereth merks) nor would he allow her to bring any body with her But did Lead her hand himself wher the petitioner Subscribed the Samen as can be proven by the wittnesses insert therin when the Same is produced And which contract of mariadge he hes ever Since kept in his custodie without giveing the petitioner and double therof or Suffering her to Sie the Same soe that the petitioner is intirely ignorant of what is contained therin And he hes therby become maister of all her meanes and hes Secured the Same to himself and his Sone in the first mariadge And hes not only rendered the petitioner miserable dureing the mariadge but herto by omitting those conjugall dueties incumbent in ane duetifull and Loveing husband to ane wife Such as bed board cloathing and other necessaries Suteable to the petitioners qwalitie and the meanes disponed to him as said is contrair to the Lawes both of God and man and these Dueties which he was obleidged to by the said mariadge But hes also rendered the petitioner much more miserable for the future in caice She Shall happen to Survive him Haveing nothing to expect through his decease by the comwnion of the goods betuixt them And wherof a great pairt propperly belonged to herself And She haveing ane good right therto by Law efter the dissolutione of the mariadge the Samen being altogither unbasled and sent away to his said sone who Lives in Galloway And that from a most Simstruous designe to force the petitioner to follow him to Such ane remote place of purpose to distroy her altogither And which She humbly conceaves The Saids Lords of privie Counsell will never obleidge her to doe for the reasons following primo the said Mr Patrick hes Lived very wnchristeanly and behaved most barbarousely to the petitioner ever since She was maried to him And it is very well knowen to all the neighboures that hes Lived besyde ws for these Six or Seven yeirs past That tho the said Mr Patrick was all wayes in towne yet he was never in wse to eate ane meale of meate at his own house once in ane qwartor of a yeir And al that he allowed to the petitioner and ane servant woeman to Subsist upon was ane peck of meall in the week and halfe ane pennie a day so that if the petitioner had not bein obleidged to her christean and chariteable freinds who well knew her circumstances She had bein Starved to death Long or this tyme Secundo the petitioner can make it appear that he hes freqwently offered to Strick her behind the Lwgg with ane hammer and so to be qwite of her And that he hes also frequently declaired that he had no more Love and affection for her nor he had for ane Stone so that the petitioner hopes The Saids Lords will Judge it very hard to obleidge her to Stay with ane man that hes expresst himself so concerning her Tertio it is instantly proven by ane instrument produced with the said petitione that upon the threttein day of May Last he did most wnhwmainly and wnchristeanely and without any Just cause or occasione whatsomever thrust the petitioner out of his duelling house and the better to keepe her from returning therto againe cawsed alter both Lock and key of the Door therof Refwseing to give her owt Soe much as her ordinary weareing cloathes And the petitioner his never Since had So much as one Sixpense from him so that by this his wnchristeane deportment the petitioner is redacted to very great miserie and povertie And She is no longer able to Subsist without the saids Lords of privie Counsell provide Some Speedie remedie And therfor humbly craveing that the saids Lords would take the premisses sereowsely to ther consideratione And in respect therof to modifie ane competent allowance to be payed to the petitioner by the said Mr Patrick out of her own meanes And that yeirly by way of aliment for her better subsistance in tyme comeing Conforme to the Saids Lords ther daylie practice in the lyke caises And Likewaeyes to ordaine him to produce the foirsaid contract of mariadge in the clerks hands to the effect the same may be registrat And the petitioner may have ane extract therof And to authorize any freind the petitioner shall nominat at whose instance executione may pass both for payment of the said yeirly aliment And for implementing of his obleisements contained in the said contract As the said petitione at more length bears which being upon the twentie Sixth of november Last bypast red in presence of the saids Lords they allowed the said Mr Patrick Reid to Sie and ansuer the Same And by ther interloquitor of the Second of Janwary Last bypast recomended to a comittie of ther own number to consider the petitione and ansuers made therto for the said Mr Patrick and to endeavoure to Setle and agrie pairties And the comittie Haveing mett and called for and heard both pairties And not being able to Setle and agrie them made ther report to the Counsell that the petitioner alleadges her husband hes beatt her and putt her out of his familie severall tymes and craved a dilligence for proveing the alleadgeance and citeing the wittnesses And the Saids Lords haveing upon the seventh day of Janwary instant considered the foirsaid report they allowed ther clerk to give out Letters of dilligence to the petitioner for proveing the points of her petitione and ordained the said Mr Patrick Reid her husband to produce The contract of mariadge past betuixt him and her into the hands of ther clerk of Counsell conforme wherinto the petitioner did take owt Letters of dilligence And therupon cited Severall wittnesses who haveing all compeared upon the Sixtein day of Janwary Last bypast and haveing made faith at the barr The Councell appointed a comittie of ther own number to examine the saids wittnesses Reserveing all objectiones which might be made against them to be proponed and discust by the Comittie And the said comittie haveing mett they called befor the diverse and Sundrie famows wittnesses who being all Solemnly Sworne and examined Deponed and declaired as ther oathes extant in process beares And the saids Lords of his majesties privie Counsell haveing this day considered the depositiones of the wittnesses adduced for the petitioner with the contract of Mariadge betuixt the petitioner and her husband Togither with ane other petitione given in by the petitioner They heirby modifie to the petitioner the aliment following viz the rents and Dueties of the thrie pennie Land of Clack with the pertinents Lying in the paroch of Evie and Stewartie of Orkney wodsett to the Said Elizabeth Ogilvie for the Soume of Eight Hundereth merks wherupon the Same is redeimeable And the annualrent of the principall Sowme of Ane Thousand and fiftie pwnds Scotts resting be Samwell Forbes of Foverane to the said Elizabeth Ogilvie her said husbadn Comenceing the said aliment from the terme of Mertimes Last bypast And decernes ane aqwavita Polland Caldrone which pertained to the said Elizabeth and is now in the custodie of her said husband to pertaine and belong to the said Elizabeth And decernes and ordaines the tenents and possessors of the said thrie pennie Land of Clack with the pertinents to make payment to her of the maills and Dweties of the Same And in caice the Same be redeuned Decerns and ordaines the persones to whom the said Soume of Eight Hundereth merks Shall be payed to make payment to her of the annualrent of the said Eight Hundereth merks yeirlie comenceing from the said terme of Mertimes Last And Decernes and ordaines the Said Samwell Forbes of Foveraine To make payment to the said Elizabeth of the aboverent of the said soume of Ane Thousand and fiftie punds Scots Comenceing as said is And decernes and ordaines the said Mr Patrick Reid or Robert Wisehart at the Craige well to whom he hes sett the said aqwavita pott and Caldron to exhibite and deliver the said pott and Caldron to the said Elizabeth Ogilvie to be sett owt and made wse of by her for her aliment And ordaines Letters of horneing and others needfull to be direct heirin on fiftein dayes warening in forme as effeirs

1. NRS, PC2/26, 124r-127v.

1. NRS, PC2/26, 124r-127v.

Act, 11 February 1696, Edinburgh

Posted on by

Att Edinburgh the Eleventh day of February Jaj vic nyntie Six yeirs

D1696/2/181

Act

Act for imprisoneing and alimenting Corporall Stewart

The Lords of his majesties privie Cownsell doe heirby ordaine the comanding officer of the gwaird in the Canongate to comitt to the tollbwith of the Canongate the persone of Donald Stewart Corporall in Captaine Meinzes Company in The Lord Murrayes regiment who is presently in the gwaird house of the Canongate for false coyne And ordaines the magistrats of Edinburgh Baillies of the Canongate and keeper of ther tollbwith to receave and detaine the persone of the said Donald Stewart therin untill he be tryed in the foirsaid mater And recomends to the Comissioners of his majesties Thesaurie to cause make payment to the keeper of the Canongate tollbuith of four Shilling Scotts per diem for mentainance of the said Donald dureing his imprisonement

Att Edinburgh the Eleventh day of February Jaj vic nyntie Six yeirs

D1696/2/181

Act

Act for imprisoneing and alimenting Corporall Stewart

The Lords of his majesties privie Cownsell doe heirby ordaine the comanding officer of the gwaird in the Canongate to comitt to the tollbwith of the Canongate the persone of Donald Stewart Corporall in Captaine Meinzes Company in The Lord Murrayes regiment who is presently in the gwaird house of the Canongate for false coyne And ordaines the magistrats of Edinburgh Baillies of the Canongate and keeper of ther tollbwith to receave and detaine the persone of the said Donald Stewart therin untill he be tryed in the foirsaid mater And recomends to the Comissioners of his majesties Thesaurie to cause make payment to the keeper of the Canongate tollbuith of four Shilling Scotts per diem for mentainance of the said Donald dureing his imprisonement

1. NRS, PC2/26, 124r.

1. NRS, PC2/26, 124r.

Sederunt, 11 February 1696, Edinburgh

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Att Edinburgh the Eleventh day of February Jaj vic nyntie Six yeirs1

D1696/2/172

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Lauderdale; Earl of Kintore; Lord Carmichael; Lord Pollwarth; Lord Justiceclerk; Lord Anstruther; Laird of Grant; Laird of Blackbarrony; Laird of Stevensone; Sir George Campbell

Att Edinburgh the Eleventh day of February Jaj vic nyntie Six yeirs1

D1696/2/172

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Lauderdale; Earl of Kintore; Lord Carmichael; Lord Pollwarth; Lord Justiceclerk; Lord Anstruther; Laird of Grant; Laird of Blackbarrony; Laird of Stevensone; Sir George Campbell

1. NRS, PC2/26, 124r.

2. NRS, PC2/26, 124r.

1. NRS, PC2/26, 124r.

2. NRS, PC2/26, 124r.

Act, 7 February 1696, Edinburgh

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

D1696/2/161

Act

Act Irvin of Murthle and Lady Drum

The Lords of his majesties privie Councell haveing considered a petitione given in to them be Alexander Irvine of Murthill and answuers made therto for the freinds of of2 The Lady Dowager of Drwm in Behalf of the Lady and She for herself with ane additionall representatione for the Laird of Murthill They doe heirby allow and ordaine Hellen Irvine Spouse to Alexander Walker Late baillie in Aberdeen and Anna Cumming Spouse to John Watsone merchand burges of the said burgh of Aberdeen for The Laird of Murthill And Mrs Mary Irvine Lady to Cownt Lessly of Balqwhaine and Mrs Margaret Irvine Lady Pittfoddels for The Lady Dowager of Drum to be present and remaine at the house of Drum or any other house wher the Lady Drum shall reside And that from the twentieth Day of Feburary instant untill the tyme that The Lady be Delyvered and allowes and ordaines them dureing the Space forsaid to have frie access to The Lady Drums chamber or any other roome in which She may be And that from tyme to tyme as they Shall find necessary In respect Alexander Irvin of Murthill hes given bond and found Sufficient caution acted in the books of privie Counsell That he shall not repaire to the house of Drum nor any other house in which The Lady Drum Shall be nor any maner of way molest or disturb the said Lady intill she be Delivered wnder the penaltie of Two Hundereth wnder the penaltie of Two Hundereth punds Sterleing And ordains The Said Lady Dowager of Drum to find cautione in the Shirreff court books of Aberdeen that She Shall make furth comeing to any persone haveing best interest all the moveables and household plainshing of the house of Drum which were in her custodie the tyme of her husbands decease And that She Shall not dispose upon nor take away any part therof wnder the penaltie of fiftie pund Sterleing

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

D1696/2/161

Act

Act Irvin of Murthle and Lady Drum

The Lords of his majesties privie Councell haveing considered a petitione given in to them be Alexander Irvine of Murthill and answuers made therto for the freinds of of2 The Lady Dowager of Drwm in Behalf of the Lady and She for herself with ane additionall representatione for the Laird of Murthill They doe heirby allow and ordaine Hellen Irvine Spouse to Alexander Walker Late baillie in Aberdeen and Anna Cumming Spouse to John Watsone merchand burges of the said burgh of Aberdeen for The Laird of Murthill And Mrs Mary Irvine Lady to Cownt Lessly of Balqwhaine and Mrs Margaret Irvine Lady Pittfoddels for The Lady Dowager of Drum to be present and remaine at the house of Drum or any other house wher the Lady Drum shall reside And that from the twentieth Day of Feburary instant untill the tyme that The Lady be Delyvered and allowes and ordaines them dureing the Space forsaid to have frie access to The Lady Drums chamber or any other roome in which She may be And that from tyme to tyme as they Shall find necessary In respect Alexander Irvin of Murthill hes given bond and found Sufficient caution acted in the books of privie Counsell That he shall not repaire to the house of Drum nor any other house in which The Lady Drum Shall be nor any maner of way molest or disturb the said Lady intill she be Delivered wnder the penaltie of Two Hundereth wnder the penaltie of Two Hundereth punds Sterleing And ordains The Said Lady Dowager of Drum to find cautione in the Shirreff court books of Aberdeen that She Shall make furth comeing to any persone haveing best interest all the moveables and household plainshing of the house of Drum which were in her custodie the tyme of her husbands decease And that She Shall not dispose upon nor take away any part therof wnder the penaltie of fiftie pund Sterleing

1. NRS, PC2/26, 123v-124r.

2. Sic.

1. NRS, PC2/26, 123v-124r.

2. Sic.

Sederunt, 7 February 1696, Edinburgh

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

D1696/2/152

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Forfar; Earl of Kintore; Lord Carmichael; Lord Polwarth; Lord Justice Clerk; Lord Anstruther; Laird of Grant; Laird of Blackbarrony; Laird of Leyes; Sir Thomas Livingston

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

D1696/2/152

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Forfar; Earl of Kintore; Lord Carmichael; Lord Polwarth; Lord Justice Clerk; Lord Anstruther; Laird of Grant; Laird of Blackbarrony; Laird of Leyes; Sir Thomas Livingston

1. NRS, PC2/12, 123r.

2. NRS, PC2/26, 123r.

1. NRS, PC2/12, 123r.

2. NRS, PC2/26, 123r.

Act, 6 February 1696, Edinburgh

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Att Edinburgh the sixth Day of February Jaj vic nyntie six yeirs

D1696/2/141

Act

Act Mcqween and others of Asseries wittnesses

Anent the petitione given in to The Lords of his majesties privie Counsell be John Mcqween in Achagrinach James Mcconall in Knockglass John Mcqween in Achagrinach James Mcconall in Knockglass John Mckingster in Horsue, Donald Miller in Milnetowne Donald Mcallister bean ther, John Thomsone barber in Thwrso, Adam Reid Shoemaker ther Alexander Mcconell in Breckretack Shewing That wher the petitioners haveing bein charged to compeare befor the saids Lords of privie Counsell at the instance of George Sinclair of Assarie and John Sinclair his brother as wittnesses to prove ther complaint raised befor the saids Lords against John Sinclair of Bryne As the respective coppies given to them theranent will testifie And Seing in obedience to the Saids Lords ther awthoritie they have accordingly compeared And that Just and reasonable it is that they Should have ther necessarie charges and expensses allowed them from the tyme they came from Caithnes which was upon the eightein day of december last And that in respect of the Length of the Journey from this to Caitnes which is above two Hundereth myles they cannot reach ther Journeyes end at this Seasone of the yeir within a fourtnight hence which will be about the third of februrary next wherby ther will be due to the petitioners at tuelve Shilling Scotts per diem (which is the least can be allowed to each man from the said eighteenth of December till the third day of febrwary next) the Soume of Thrie Hundereth and fiftie nyn punds twelve Shilling Scotts money ther being nyn wittnesses which makes Nyn Shillings Sterleing per diem for the Space of fourtie eight Dayes which upon Just callcullatione will amownt to the foirsaid Soume And therfore craveing the Saids Lords of privie Councell to ordaine and decerne the Saids George Sinclaire of Asserie and John Sinclaire his brother to make payment to the petitioners of the foirsaid Soume of Two Hundereth and fiftie nyn punds twelve Shilling Scotts money And that as liqwuidat expenss Sustained by the petitioners upon the accompt above written And to cause Secure the persones of the Saids John and George Sinclaires untill they make payment of the foirsaid Soume As the said petitione bears Which being this Day red and considered be the Saids Lords of privie Cownsell They Doe heirby decerne and ordaine the said George Sinclair of Asserie and John Sinclair his brother to make payment to ilk ane of the petitioners as wittnesses cited and compeareing in the above proces of the Soume of Eight Shilling Scotts per diem being all footmen Comenceing from the Second day of Janwary being the fourtein day of the said moneth and the day of compeareance In the lybell to the Sixtein day of the Samen moneth being the day of ther examinatione Inclwsive And of the Like Soume each Day for the Space of ane whole moneth which the Saids Lords allowes to the petitioners for travelling from And returneing to ther own homes Extending the haill Soumes forsaids to the Soume of Ane Hundereth and eight punds Sixtein Shilling Scotts money And ordaines Letters of Horning on fiftein dayes and others needfull to be direct heirupon in forme as effeirs

Att Edinburgh the sixth Day of February Jaj vic nyntie six yeirs

D1696/2/141

Act

Act Mcqween and others of Asseries wittnesses

Anent the petitione given in to The Lords of his majesties privie Counsell be John Mcqween in Achagrinach James Mcconall in Knockglass John Mcqween in Achagrinach James Mcconall in Knockglass John Mckingster in Horsue, Donald Miller in Milnetowne Donald Mcallister bean ther, John Thomsone barber in Thwrso, Adam Reid Shoemaker ther Alexander Mcconell in Breckretack Shewing That wher the petitioners haveing bein charged to compeare befor the saids Lords of privie Counsell at the instance of George Sinclair of Assarie and John Sinclair his brother as wittnesses to prove ther complaint raised befor the saids Lords against John Sinclair of Bryne As the respective coppies given to them theranent will testifie And Seing in obedience to the Saids Lords ther awthoritie they have accordingly compeared And that Just and reasonable it is that they Should have ther necessarie charges and expensses allowed them from the tyme they came from Caithnes which was upon the eightein day of december last And that in respect of the Length of the Journey from this to Caitnes which is above two Hundereth myles they cannot reach ther Journeyes end at this Seasone of the yeir within a fourtnight hence which will be about the third of februrary next wherby ther will be due to the petitioners at tuelve Shilling Scotts per diem (which is the least can be allowed to each man from the said eighteenth of December till the third day of febrwary next) the Soume of Thrie Hundereth and fiftie nyn punds twelve Shilling Scotts money ther being nyn wittnesses which makes Nyn Shillings Sterleing per diem for the Space of fourtie eight Dayes which upon Just callcullatione will amownt to the foirsaid Soume And therfore craveing the Saids Lords of privie Councell to ordaine and decerne the Saids George Sinclaire of Asserie and John Sinclaire his brother to make payment to the petitioners of the foirsaid Soume of Two Hundereth and fiftie nyn punds twelve Shilling Scotts money And that as liqwuidat expenss Sustained by the petitioners upon the accompt above written And to cause Secure the persones of the Saids John and George Sinclaires untill they make payment of the foirsaid Soume As the said petitione bears Which being this Day red and considered be the Saids Lords of privie Cownsell They Doe heirby decerne and ordaine the said George Sinclair of Asserie and John Sinclair his brother to make payment to ilk ane of the petitioners as wittnesses cited and compeareing in the above proces of the Soume of Eight Shilling Scotts per diem being all footmen Comenceing from the Second day of Janwary being the fourtein day of the said moneth and the day of compeareance In the lybell to the Sixtein day of the Samen moneth being the day of ther examinatione Inclwsive And of the Like Soume each Day for the Space of ane whole moneth which the Saids Lords allowes to the petitioners for travelling from And returneing to ther own homes Extending the haill Soumes forsaids to the Soume of Ane Hundereth and eight punds Sixtein Shilling Scotts money And ordaines Letters of Horning on fiftein dayes and others needfull to be direct heirupon in forme as effeirs

1. NRS, PC2/26, 121v-122r.

1. NRS, PC2/26, 121v-122r.