Tag Archives: February

Act, 4 February 1696, Edinburgh

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

D1696/2/31

Act

Act David Profeit in Dundie

Anent the petitione given in to the Lords of his majesties privie Counsell be David Proffett merchand in Dwndie Shewing That wher the petitioner in the beginning of October Last haveing had by him some broken and burnt money And some cobbs And haveing then melted the same Downe and putt in Litle Lignets about Six pound weight per peic And haveing then presented them to William Bower clerk to His Majesties mynt to be coyned and accordingly presented the said Lignets and didgets them booked and weighed in the mint for ther due course of being coyned But the clerk of the mint Declaireing that he had receaved soe much Silver befor that he could not gett them presently coyned And the lignets being small in caise of miscariadge desyred the petitioner to take back the Lignets and to Keep them by himself untill the due course for coyning them were come And the petitioner not haveing occasione to be in Edinburgh till now and haveing offered the same to the maister of the mynt he refwised to accept therof without a warrand from The Lords of his majesties privie Counsell in respect ther was of the current coyn in the lignets altho the same was weighed and booked in the mynt two moneths prior to the act of Counsell dischargeing the same to export the Lignets the saids Lords of privie Counsell knowes it is not allowable to Sell them as they are neither can it be Doubted without a great dale of Loss because the Silver is in Lignet the said Lignet is the most pairt of what the petitioner hes in the world of Stock which now lyes dead and is lyke to breake the petitioners credit for want of the wse of the money if the saids Lords Doe not grant the foirsaid petitione the Loss that the petitioner will sustaine by it considering many other Losses he hath Lately Sustained will help to rwine the petitioner and his familie As the said petitione bears The saids Lords of his majesties privie Cownsell haveing considered the above petitione given in be the said David Proffett They doe heirby allow and grant warrand to the maister of his majesties mint to receave from the petitioner the Lignets mentioned in the petitione And appoints the same to be coyned And the current money thereof to be delivered to the petitioner in the wswall maner

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

D1696/2/31

Act

Act David Profeit in Dundie

Anent the petitione given in to the Lords of his majesties privie Counsell be David Proffett merchand in Dwndie Shewing That wher the petitioner in the beginning of October Last haveing had by him some broken and burnt money And some cobbs And haveing then melted the same Downe and putt in Litle Lignets about Six pound weight per peic And haveing then presented them to William Bower clerk to His Majesties mynt to be coyned and accordingly presented the said Lignets and didgets them booked and weighed in the mint for ther due course of being coyned But the clerk of the mint Declaireing that he had receaved soe much Silver befor that he could not gett them presently coyned And the lignets being small in caise of miscariadge desyred the petitioner to take back the Lignets and to Keep them by himself untill the due course for coyning them were come And the petitioner not haveing occasione to be in Edinburgh till now and haveing offered the same to the maister of the mynt he refwised to accept therof without a warrand from The Lords of his majesties privie Counsell in respect ther was of the current coyn in the lignets altho the same was weighed and booked in the mynt two moneths prior to the act of Counsell dischargeing the same to export the Lignets the saids Lords of privie Counsell knowes it is not allowable to Sell them as they are neither can it be Doubted without a great dale of Loss because the Silver is in Lignet the said Lignet is the most pairt of what the petitioner hes in the world of Stock which now lyes dead and is lyke to breake the petitioners credit for want of the wse of the money if the saids Lords Doe not grant the foirsaid petitione the Loss that the petitioner will sustaine by it considering many other Losses he hath Lately Sustained will help to rwine the petitioner and his familie As the said petitione bears The saids Lords of his majesties privie Cownsell haveing considered the above petitione given in be the said David Proffett They doe heirby allow and grant warrand to the maister of his majesties mint to receave from the petitioner the Lignets mentioned in the petitione And appoints the same to be coyned And the current money thereof to be delivered to the petitioner in the wswall maner

1. NRS, PC2/26, 113r-113v.

1. NRS, PC2/26, 113r-113v.

Act, 4 February 1696, Edinburgh

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

D1696/2/21

Act

Act Alexander Cwningham

Anent the petitione given in to the Lords of his majesties privie Counsell be Alexander Cwningham Provest of Air Shewing That wher in persweance and conforme to the Liberty granted by the Lords of privie Counsells proclamatione allowing the importing of meall from Ireland untill the first day of febrwary then next to come now Last bypast The petitioner haveing fraughted vessells from Ireland and Loadned aboard of them a certaine qwantitie of oat meall to have bein imported to the westerne shyres of this kingdome for Supplieing and releiff of the wants and necessities of the poor in that countrey The Saids vessells and Loadning hath bein detained upon the coast of Ireland by the violent Stormy and tempestwous weather untill the Day prefixed in the foirsaid proclamation is elapsed Wherfor necessar it is for the petitioner to have the Saids Lords of privie Counsells allowance and permissione for importing the foirsaid meall which otherwayes will be intirely Lost to the petitioner and the countrie reduced to great extremities for want of ther expected Supplies As the Said petitione bears The Saids Lords of his majesties privie Counsell haveing considered the above petitione given in to them be the said Alexander Cwningham They heirby allow the petitioner to import the above qwantities of meall alreadie Loadned in Ireland for his wse befor the day prefixed in the proclamatione was elapsed And discharges all collectors and wthers to seaze therupon or medle therwith notwithstanding of the foirsaid proclamatione

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

D1696/2/21

Act

Act Alexander Cwningham

Anent the petitione given in to the Lords of his majesties privie Counsell be Alexander Cwningham Provest of Air Shewing That wher in persweance and conforme to the Liberty granted by the Lords of privie Counsells proclamatione allowing the importing of meall from Ireland untill the first day of febrwary then next to come now Last bypast The petitioner haveing fraughted vessells from Ireland and Loadned aboard of them a certaine qwantitie of oat meall to have bein imported to the westerne shyres of this kingdome for Supplieing and releiff of the wants and necessities of the poor in that countrey The Saids vessells and Loadning hath bein detained upon the coast of Ireland by the violent Stormy and tempestwous weather untill the Day prefixed in the foirsaid proclamation is elapsed Wherfor necessar it is for the petitioner to have the Saids Lords of privie Counsells allowance and permissione for importing the foirsaid meall which otherwayes will be intirely Lost to the petitioner and the countrie reduced to great extremities for want of ther expected Supplies As the Said petitione bears The Saids Lords of his majesties privie Counsell haveing considered the above petitione given in to them be the said Alexander Cwningham They heirby allow the petitioner to import the above qwantities of meall alreadie Loadned in Ireland for his wse befor the day prefixed in the proclamatione was elapsed And discharges all collectors and wthers to seaze therupon or medle therwith notwithstanding of the foirsaid proclamatione

1. NRS, PC2/26, 112v-113r.

1. NRS, PC2/26, 112v-113r.

Sederunt, 4 February 1696, Edinburgh

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

D1696/2/12

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Lauderdale; Earl of Forfar; Earl of Kintore; Lord Carmichael; Lord Polwarth; Lord Justice clerk; Laird of Grant; Laird of Blackbarrony; Laird of Leyes; Sir Thomas Livingston; Sir George Campbell

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

D1696/2/12

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Lauderdale; Earl of Forfar; Earl of Kintore; Lord Carmichael; Lord Polwarth; Lord Justice clerk; Laird of Grant; Laird of Blackbarrony; Laird of Leyes; Sir Thomas Livingston; Sir George Campbell

1. NRS, PC2/26, 112r

2. NRS, PC2/26, 112r.

1. NRS, PC2/26, 112r

2. NRS, PC2/26, 112r.

Act, 28 February 1695, Edinburgh

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Edinburgh Thursday The 28th February 1695

D1695/2/321

Act

Act Margrat Ker for ane aliement

Anent a Petition given in to the Lords of his Majesties privy Councill be Margrat Kerr daughter to the deceast Sir John Ker of Lochtour Shewing That quher the petitioner haveing been maried to John Hood and brought with her a Joynture of ane Thousand merkes be year payable out of the lands of Whitlaw and other Lands provyded to her, The said John Hood now in her old age haveing Disponed her Joynture to Thomas Hood his sone liveing in Edinburgh Left the petitioner in that extreamity of want and poverty that after her wearing Clothes were sold for bread the petitioner was necessitate to pursue for ane aliement before the saids Lords In which proces the petitioners husband and his sone being called and refuseing to Compeir were Declared fugative and being denunced the petitioner Caused use areistment in the tennents hands But because ther is no particular soume appointed by the saids Lords for the petitioners aliement The tenents refuse to make payment to her of any part of the rents and she Cannot recover a decreet of furthcomeing against them So that the petitioner being a woman past Seventie years of age, The petitioners hade undoubtedly Starved if the Charity and Compassion of Some of her fathers freinds and such who knew her missery and ill usage hade not for the time by past releived the petitioner to whom she Could not expect to be a farder burdein But aine necessitate for the Lords sake to have recourse to their Lordships And Therfore humbly Craveing the saids Lords In Consideration of her misserie and deplorable Conditione To modifie what part of the thousand merks of Joynture which pertained to the petitioner the saids Lords should think fitt to be payed as ane aliement to the petitioner for the year Jaj vjc nyntie four and in time comeing dureing her life which in women of seventie years Cannot be long, and ordaine the tenents of the saids Lands of Whitla to make payment of the same to the petitioner as the said petition bears. The Lords of his Majesties privy Councill Haveing Considered this petition given in to them be the above Margrat Ker, They heirby modifie the soume of Five hundred merks to be payed to the petitioner and Alexander Cuninghame writter in Edinburgh her assigney for her aliement yearly for the year Jaj vjc nyntie four years and in time comeing out of her Joynture lands of Whitlaw And appoints the aliement for the year Jaj vjc nyntie five and in time comeing to be payed2 termly at two termes in the year Whitsunday and mertimiss be equall portions And Decernes and Ordaines the above John Hood and Thomas Hood his sone and ther tacksmen and the tennants and possessor of her said Joynture Lands of Whitlaw to make payment to her and her said assigney of the same, And Ordaines letters of horning on fiftein dayes to be direct against the said John and Thomas Hoods and their tacksmen and tennents to be particularly mentioned in the horning and others needfull in form as effeirs and Discharges any suspension heirof to be past or exped except upon payment or Consignation allenarly.

Edinburgh Thursday The 28th February 1695

D1695/2/321

Act

Act Margrat Ker for ane aliement

Anent a Petition given in to the Lords of his Majesties privy Councill be Margrat Kerr daughter to the deceast Sir John Ker of Lochtour Shewing That quher the petitioner haveing been maried to John Hood and brought with her a Joynture of ane Thousand merkes be year payable out of the lands of Whitlaw and other Lands provyded to her, The said John Hood now in her old age haveing Disponed her Joynture to Thomas Hood his sone liveing in Edinburgh Left the petitioner in that extreamity of want and poverty that after her wearing Clothes were sold for bread the petitioner was necessitate to pursue for ane aliement before the saids Lords In which proces the petitioners husband and his sone being called and refuseing to Compeir were Declared fugative and being denunced the petitioner Caused use areistment in the tennents hands But because ther is no particular soume appointed by the saids Lords for the petitioners aliement The tenents refuse to make payment to her of any part of the rents and she Cannot recover a decreet of furthcomeing against them So that the petitioner being a woman past Seventie years of age, The petitioners hade undoubtedly Starved if the Charity and Compassion of Some of her fathers freinds and such who knew her missery and ill usage hade not for the time by past releived the petitioner to whom she Could not expect to be a farder burdein But aine necessitate for the Lords sake to have recourse to their Lordships And Therfore humbly Craveing the saids Lords In Consideration of her misserie and deplorable Conditione To modifie what part of the thousand merks of Joynture which pertained to the petitioner the saids Lords should think fitt to be payed as ane aliement to the petitioner for the year Jaj vjc nyntie four and in time comeing dureing her life which in women of seventie years Cannot be long, and ordaine the tenents of the saids Lands of Whitla to make payment of the same to the petitioner as the said petition bears. The Lords of his Majesties privy Councill Haveing Considered this petition given in to them be the above Margrat Ker, They heirby modifie the soume of Five hundred merks to be payed to the petitioner and Alexander Cuninghame writter in Edinburgh her assigney for her aliement yearly for the year Jaj vjc nyntie four years and in time comeing out of her Joynture lands of Whitlaw And appoints the aliement for the year Jaj vjc nyntie five and in time comeing to be payed2 termly at two termes in the year Whitsunday and mertimiss be equall portions And Decernes and Ordaines the above John Hood and Thomas Hood his sone and ther tacksmen and the tennants and possessor of her said Joynture Lands of Whitlaw to make payment to her and her said assigney of the same, And Ordaines letters of horning on fiftein dayes to be direct against the said John and Thomas Hoods and their tacksmen and tennents to be particularly mentioned in the horning and others needfull in form as effeirs and Discharges any suspension heirof to be past or exped except upon payment or Consignation allenarly.

1. NRS, PC2/25, 191r-191v.

2. The word ‘yearly’ scored out here.

1. NRS, PC2/25, 191r-191v.

2. The word ‘yearly’ scored out here.

Act, 28 February 1695, Edinburgh

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Edinburgh Thursday The 28th February 1695

D1695/2/311

Act

Act Robert Campbell of Drumsynie

Anent a Petition given in to the Lords of his Majesties privy Councill be Robert Campbell of Drumsynie Shewing That quher […] Campbell of Drumsynie the petitioners elder brother did now about twentie years agoe but of ane apprehension That throw his oun facility he might be ingadged in Cautionries Granted a bond of Twelue Thousand punds principall To […] Frieland his brother in Law to the effect he might lead ane appryssing of the estate Which was accordingly Led but nothing ensued upon it as being ane absolut trust But on the Contrary his said elder brother Continued in the possession of the Estate dureing his lifetime Nevertheless when both the petitioners brother and Freeland his trustie were dead, and that the petitioner was come to the possessione of the estate as being his brothers appearand air, Archibald Frieland sone to the said […] Freeland did insinuat upon the petitioner and taking advantage upon his weaknes induced him to grant a dispositione Corrobrative of the forsaid appryssing and grounds therof upon pretence that it was only done for Compleating of the right and to make it the more effectuall for the security above designed, and that if it were Compleated He would give a retrocessione or backbond for preventing the petitioners prejudice But this being once done the said Archibald Freeland behaving absolutely as master, and haveing quarrelled the petitioners possessione reduced the petitioner under trust to inexpressible straits and defficulties, And haveing at the same time the petitioner granted the said Corroboratione induced the petitioner to put into his Custody severall bonds granted to the petitioners brother with assinationes therto to subscryve and grant to him severall wholl sheets of paper all blank, In some quherof he has since filled up bonds of Borrowed money Discharges and other rights as made best for his purpose, He hath Continued his oppression upon the petitioner this severall years designing no Less then to ruine and extinguish his familly tho he be his uncle Which the petitioner being sincible of applyed freinds to deall with him to repone the petitioner against such a palpable Cheat, But in stead of Complying with ther desyre He makes a bargain under hand with Sir Duncan Campbell of Auchinbreck about thrie or four years of agoe and Dispones to him all the right he hade to the petitioners estate, Which in lands and bonds was worth Fourtie thousand merks for six Thousand merks and gave him up at the same time the blank sheets the petitioner hade signed and Immediatly went to America, after which Auchinbreck brevi manu and Manu forti Turns the petitioner totally out of his possession and forces his tennents by parties of armed men to pay him thes petitioners rents to him who being stronger did over power all the opposition the petitioner Could make either via facti or via juris, Wherby the petitioner his wife Childrein and familly have been reduced to and still continue in a sterving Conditione Having no releiff bot the Charity of freinds In which extream necessity the petitioner againe applyed to Auchinbreck if he would repone the petitioner upon getting back of his bond that he gave to Freeland and he freely ouned that he thought the matter a Cheat from the begining and that if he hade known so much at first he would not have midled with it, and Therfore by a letter under his hand to the Earle of Brodalbine in october Jaj vjc nyntie He Declaires that he did not Covit the Bargaine but did freely quyte it without Loss wherupon ther ware indeavors used to transact the bond which Auchinbreck hade granted to Freeland for the said six Thousand merks with one Sprewell a writter in Edinburgh To whom Freeland hade assigned the bond, But Auchinbreck notwithstanding of his repeated promisses and letters in the petitioners favors Transmitts his right to the Lairds of Ardkindles elder and younger who also prevaills with Mr Sprewell to give them a right to Auchinbrecks bond albeit Sprewell at that time was under Communeing with the petitioner, and for four or five thousand merks undertaken by Arkindlas to be payed be Sprewell, For the payment of Auchinbrecks bond and obtaineing from Auchinbreck the right which he hade to Freeland the petitioners wholl estate to the value of Fourtie thousand merks Is Like2 to be Caried away to the petitioners outter ruine, Which being a Circumvention of a long and deep and most ruinous Contrivance The petitioner Cannot, But prosecute the discovery of it by all means and methods that the law allowes, But because the petitioner is so manifastly betrayed and turned out of all the petitioners fortune the petitioner most in all humulity apply to the saids Lords That at least in the mean time, He might have ane aliement for his necessary subsistance and Carieing one the proces that will be needfull in such a case And that ther Lordships may be furder Cleared that it is only wrong and extream necessity that urge the petitioner to give their Lordships this trouble He only Craves in the first place That Ardkindless Auchinbreck and Sprewell may give their oathes of Calumnity upon the knowledge and Conscience of the wholl premisses That ther Lordships might therafter doe in the matter as they should see Cause, And Therfore Humbly Craveing the saids Lords would be pleased In a case to singullar and grivious, To appoint the petitioner a reasonable aliement out of the said estate And to decerne the tennents therof to pay the same, Which he hoped the saids Lords should have appointed the said aliement the petitioner farder Craves that he may be sumarly repossest to his estate against the forsaid violence used against the petitioner and that the saids parties speciallie Auchinbreck might answer theranent as the said petition bears The Lords of his Majesties privy Councill Haveing Considered this petition given in to them be the forsaid Robert Campbell with the answers given in therto be the Lairds of Auchinbreck and Arkindless They heirby Modifie the soume of Fyve hundred merks scots to be payed to the petitioner for his present aliement out of the Estate of Drumsynie, And Decernes Sir Collin Campbell of Ardkindless and the tenents of the said estate, To make payment to him of the soume at the terme of Whitsunday nixt to come And ordaines letters of horning one fiftein dayes to be direct heiron against the saids tenants to be particularly named in the horning and others needfull in forme as effeirs, And Discharges any Suspensione herof to be past or exped, Except upon payment or Consignation allenerly and gives order and warrand to the Clerks to give out Letter heiron for citeing Sir Duncan Campbell of Auchinbreck and Sir Collin Campbell of Arkindless to appear and answer to this petition And assignes the […] day of […] for that effect and also for citeing of witnesses.

Edinburgh Thursday The 28th February 1695

D1695/2/311

Act

Act Robert Campbell of Drumsynie

Anent a Petition given in to the Lords of his Majesties privy Councill be Robert Campbell of Drumsynie Shewing That quher […] Campbell of Drumsynie the petitioners elder brother did now about twentie years agoe but of ane apprehension That throw his oun facility he might be ingadged in Cautionries Granted a bond of Twelue Thousand punds principall To […] Frieland his brother in Law to the effect he might lead ane appryssing of the estate Which was accordingly Led but nothing ensued upon it as being ane absolut trust But on the Contrary his said elder brother Continued in the possession of the Estate dureing his lifetime Nevertheless when both the petitioners brother and Freeland his trustie were dead, and that the petitioner was come to the possessione of the estate as being his brothers appearand air, Archibald Frieland sone to the said […] Freeland did insinuat upon the petitioner and taking advantage upon his weaknes induced him to grant a dispositione Corrobrative of the forsaid appryssing and grounds therof upon pretence that it was only done for Compleating of the right and to make it the more effectuall for the security above designed, and that if it were Compleated He would give a retrocessione or backbond for preventing the petitioners prejudice But this being once done the said Archibald Freeland behaving absolutely as master, and haveing quarrelled the petitioners possessione reduced the petitioner under trust to inexpressible straits and defficulties, And haveing at the same time the petitioner granted the said Corroboratione induced the petitioner to put into his Custody severall bonds granted to the petitioners brother with assinationes therto to subscryve and grant to him severall wholl sheets of paper all blank, In some quherof he has since filled up bonds of Borrowed money Discharges and other rights as made best for his purpose, He hath Continued his oppression upon the petitioner this severall years designing no Less then to ruine and extinguish his familly tho he be his uncle Which the petitioner being sincible of applyed freinds to deall with him to repone the petitioner against such a palpable Cheat, But in stead of Complying with ther desyre He makes a bargain under hand with Sir Duncan Campbell of Auchinbreck about thrie or four years of agoe and Dispones to him all the right he hade to the petitioners estate, Which in lands and bonds was worth Fourtie thousand merks for six Thousand merks and gave him up at the same time the blank sheets the petitioner hade signed and Immediatly went to America, after which Auchinbreck brevi manu and Manu forti Turns the petitioner totally out of his possession and forces his tennents by parties of armed men to pay him thes petitioners rents to him who being stronger did over power all the opposition the petitioner Could make either via facti or via juris, Wherby the petitioner his wife Childrein and familly have been reduced to and still continue in a sterving Conditione Having no releiff bot the Charity of freinds In which extream necessity the petitioner againe applyed to Auchinbreck if he would repone the petitioner upon getting back of his bond that he gave to Freeland and he freely ouned that he thought the matter a Cheat from the begining and that if he hade known so much at first he would not have midled with it, and Therfore by a letter under his hand to the Earle of Brodalbine in october Jaj vjc nyntie He Declaires that he did not Covit the Bargaine but did freely quyte it without Loss wherupon ther ware indeavors used to transact the bond which Auchinbreck hade granted to Freeland for the said six Thousand merks with one Sprewell a writter in Edinburgh To whom Freeland hade assigned the bond, But Auchinbreck notwithstanding of his repeated promisses and letters in the petitioners favors Transmitts his right to the Lairds of Ardkindles elder and younger who also prevaills with Mr Sprewell to give them a right to Auchinbrecks bond albeit Sprewell at that time was under Communeing with the petitioner, and for four or five thousand merks undertaken by Arkindlas to be payed be Sprewell, For the payment of Auchinbrecks bond and obtaineing from Auchinbreck the right which he hade to Freeland the petitioners wholl estate to the value of Fourtie thousand merks Is Like2 to be Caried away to the petitioners outter ruine, Which being a Circumvention of a long and deep and most ruinous Contrivance The petitioner Cannot, But prosecute the discovery of it by all means and methods that the law allowes, But because the petitioner is so manifastly betrayed and turned out of all the petitioners fortune the petitioner most in all humulity apply to the saids Lords That at least in the mean time, He might have ane aliement for his necessary subsistance and Carieing one the proces that will be needfull in such a case And that ther Lordships may be furder Cleared that it is only wrong and extream necessity that urge the petitioner to give their Lordships this trouble He only Craves in the first place That Ardkindless Auchinbreck and Sprewell may give their oathes of Calumnity upon the knowledge and Conscience of the wholl premisses That ther Lordships might therafter doe in the matter as they should see Cause, And Therfore Humbly Craveing the saids Lords would be pleased In a case to singullar and grivious, To appoint the petitioner a reasonable aliement out of the said estate And to decerne the tennents therof to pay the same, Which he hoped the saids Lords should have appointed the said aliement the petitioner farder Craves that he may be sumarly repossest to his estate against the forsaid violence used against the petitioner and that the saids parties speciallie Auchinbreck might answer theranent as the said petition bears The Lords of his Majesties privy Councill Haveing Considered this petition given in to them be the forsaid Robert Campbell with the answers given in therto be the Lairds of Auchinbreck and Arkindless They heirby Modifie the soume of Fyve hundred merks scots to be payed to the petitioner for his present aliement out of the Estate of Drumsynie, And Decernes Sir Collin Campbell of Ardkindless and the tenents of the said estate, To make payment to him of the soume at the terme of Whitsunday nixt to come And ordaines letters of horning one fiftein dayes to be direct heiron against the saids tenants to be particularly named in the horning and others needfull in forme as effeirs, And Discharges any Suspensione herof to be past or exped, Except upon payment or Consignation allenerly and gives order and warrand to the Clerks to give out Letter heiron for citeing Sir Duncan Campbell of Auchinbreck and Sir Collin Campbell of Arkindless to appear and answer to this petition And assignes the […] day of […] for that effect and also for citeing of witnesses.

1. NRS, PC2/25, 189r-191r.

2. The word ‘wayes’ scored out here.

1. NRS, PC2/25, 189r-191r.

2. The word ‘wayes’ scored out here.

Act, 28 February 1695, Edinburgh

Posted on by

Edinburgh Thursday The 28th February 1695

D1695/2/301

Act

[Act for poor seamen]

Anent a Petition given in to the Lords of His Majesties privy Councill be John Kyll Alexander Baird, John Martine, Alexander Bell James Andersone David Rynd James Blair, Richard Beattie John Caldrun, Alexander Brown, James Gardiner James Traquair, John Grahame Patrick Stiven James Gooll James Mcallan William Guililand John Martine Thomas Deans Duncan Mckavie William Herbertsone, Androw Hodgart and James Campbell poor seamen who served in the scots frigots under the deceast Captaines Hamiltounes and Browne, 2 Shewing That wher It pleased The saids Lords upon ane bill given in by them Representing that they hade applyed to them from the time they served in the saids ships, which was five moneths actuall service and Eightein moneths Imprisonment, and that the petitioners only gott four punds sterling each for the said service and Imprisonment, To Recomend the petitioners to the saids Lords of thesaurie to be speidaly and bountifully dealt with but did not Condescend upon what each particular persone ought to have Which makes the saids Lords delay them extreamly and they being unable to subsist throw want in this place wher they could make no shift are ready to perish if not speedily prevented And Therfore Humbly Craveing the saids Lords would take ther case to 3 Consideratione and modifie such wadges as the saids Lords Thinks with respect to ther service and Imprisonment ther Casses requyres The petitioners who are upon the place being the relicts of these who were killed in the action or dyed in prisone or these rendered incapable of service by the wounds ther received or being Imprisonment as the petitione bears The Lords of his Majesties privy Councill Having Considered the above petition given in to them be the above seamen They heirby Recommend to the Lords Commissioners of his Majesties thesaury To modifie and allow to the petitioners such soumes as they shall think fitt both for ther long service and sad sufferings.

Edinburgh Thursday The 28th February 1695

D1695/2/301

Act

[Act for poor seamen]

Anent a Petition given in to the Lords of His Majesties privy Councill be John Kyll Alexander Baird, John Martine, Alexander Bell James Andersone David Rynd James Blair, Richard Beattie John Caldrun, Alexander Brown, James Gardiner James Traquair, John Grahame Patrick Stiven James Gooll James Mcallan William Guililand John Martine Thomas Deans Duncan Mckavie William Herbertsone, Androw Hodgart and James Campbell poor seamen who served in the scots frigots under the deceast Captaines Hamiltounes and Browne, 2 Shewing That wher It pleased The saids Lords upon ane bill given in by them Representing that they hade applyed to them from the time they served in the saids ships, which was five moneths actuall service and Eightein moneths Imprisonment, and that the petitioners only gott four punds sterling each for the said service and Imprisonment, To Recomend the petitioners to the saids Lords of thesaurie to be speidaly and bountifully dealt with but did not Condescend upon what each particular persone ought to have Which makes the saids Lords delay them extreamly and they being unable to subsist throw want in this place wher they could make no shift are ready to perish if not speedily prevented And Therfore Humbly Craveing the saids Lords would take ther case to 3 Consideratione and modifie such wadges as the saids Lords Thinks with respect to ther service and Imprisonment ther Casses requyres The petitioners who are upon the place being the relicts of these who were killed in the action or dyed in prisone or these rendered incapable of service by the wounds ther received or being Imprisonment as the petitione bears The Lords of his Majesties privy Councill Having Considered the above petition given in to them be the above seamen They heirby Recommend to the Lords Commissioners of his Majesties thesaury To modifie and allow to the petitioners such soumes as they shall think fitt both for ther long service and sad sufferings.

1. NRS, PC2/25, 188v-189r.

2. The word ‘They’ scored out here.

3. Two illegible words scored out here.

1. NRS, PC2/25, 188v-189r.

2. The word ‘They’ scored out here.

3. Two illegible words scored out here.

Sederunt, 28 February 1695, Edinburgh

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Edinburgh Thursday The 28th February 16951

D1695/2/292

Sederunt

Earl of Anadale pres:; Earl of Melvill p: S:; Earl of Morton; Earl of Cassills; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Brodalbine; Lord Raith T:d:; Lord Carmicheall; Lord Advocat; Mr Fr: Montgomry; Laird of Grant.

Edinburgh Thursday The 28th February 16951

D1695/2/292

Sederunt

Earl of Anadale pres:; Earl of Melvill p: S:; Earl of Morton; Earl of Cassills; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Brodalbine; Lord Raith T:d:; Lord Carmicheall; Lord Advocat; Mr Fr: Montgomry; Laird of Grant.

1. NRS, PC2/25, 188r.

2. NRS, PC2/25, 188r.

1. NRS, PC2/25, 188r.

2. NRS, PC2/25, 188r.

Decreet, 26 February 1695, Edinburgh

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Edinburgh Tuesday 26th February 1695

D1695/2/281

Decreet

Decreet Sinclars and Hemprigs Against Sinclars

Anent the Lybell raised and pursued befor the Lords of his majesties privy Councill at the instance of Elizabeth, Jannet, Katharin and David Sinclars Cheldrein to the deceast William Sinclar of Dumbaith Mentioning That wher the pursuers deceast father did at the time of his death Live ane opulant fortune both of reall and personall estate and did provyd his Cheldrein by bonds and otherwayes to clear and distinct provisiones and amongst others did provyde the saids persewars the saids Elizabeth, Jannet, Margrat, and Catharin each of them the soume of four Thousand merks a peice and to the said David his youngest sone to the soume of fyve thousand merks And Caused John Sinclar his eldest sone to signe bonds for all the saids persewers respective provisiones forsaids, and haveing a litle before his death Disponed his estate to William Sinclar his second sone Caused him also to grant bonds for ther respective provisions yet nevertheless the said John and William Sinclars the said pursuers bretheren whither by debate or Connivance betwixt themselves doe both withhold and detaine from the said pursuers ther forsaids bonds of provisione and Likewayes refuse to allow them any aliement or mens for ther subsistance albeit the saids pursuers be all the Cheldrein of the same father and mother are very meanly provyded whillest the saids two bretheren do enjoy ane opulent and plentifull estate Wherby they are left destitute even of their necessary subsistance and would Certainly have perished unles some of their more remott relationes seing them stragling hade in pity and Comon humanity offered them some help suport and releiff which was denyed to the saids pursuers by their oun bretheren And seing the saids Lords of privy Councill are the patrons of destitute Orphans and fatherless Childrein and that the saids pursuers have oft and diverse times desyred and requyred the said William Sinclar their brother who has their bonds of provision in his hands and also has intromitted with ther fathers haill personall estate and moveables and particularly with the wrytes and Chartor Chist of their said deceast father and all his moveable goods which are most directly Lyable to the said persewers debt, To exhibit and delyver to the saids pursuers their saids bonds of privisiones yet the defenders absolutly refusses to doe the same Therfore the said William ought and should be Decerned by the saids Lords ther sentance or Decreet not only to exhibit and delyver up to the saids pursuers their saids bonds of provisiones to be keeped and used be them as ther oun proper wrytes and evidents But likewayes To make payment to the said pursuers of ane Competent aliement or aliements to be modified be the saids Lords, Wherby the saids persuars may be maintained intertained and educat as becomes ther fathers Childrein and the saids Lords of privy Councill should authorize a Tutor or Curator to them ad Litem for prosecuteing and Carieing on of this proces and for receiveing up of their papers, and the aliement which shall be modified be the saids Lords to the saids pursuers and granting discharges of the same And Anent the Charge given to the saids defenders To have Compeired before the saids Lords at ane Certaine day bygone To have answered to the grounds of the above Complaint and to have heard and seen such order and Course taken theranent as appertaines under the paine of rebellione etc as the principall letters and executiones therof at more length Containes Which Lybell being upon the Seventh of February instant Called in presence of the saids Lords and the persewars Compeiring be Mr Robert Frazer ther advocat with William Dunbar of Hemprigs who alledged he hade Commission from the persuars and produced to missive letters from them and the defender Compeiring personally with Mr John Menzies his advocat, The saids Lords Recomended to a Committie of ther oun number to Call for and hear both parties and endeavor to setle and agree them and in case of Difficultie to report to the Councill, And accordingly the Committie Haveing mett and given in a report, The Councill upon ane Supplication given in to them for the defender Representing that they were not heard at the makeing the report Did not advyse the same Butt allowed both parties to be heard in ther oun presence And accordingly the said Lybell being Called this day In presence of the saids Lords of his majesties privy Councill and the said William Dunbar of Hemprigs Having Compeired personally for the said pursuers with Mr Hew Dalrymple and Mr Robert Frazer advocats for the pursuers And William Sinclar defender Compeiring also personally with Mr John Meinzies and Mr David Cuninghame his Advocats The lybell and answers therto being read and both parties Advocats fully heard, The saids Lords Remitts That part of the Lybell anent the exhibitone to be pursued before the Judge ordinar via ordinaria, And Modifies Two years aboverent of the respective principall soumes mentioned in the Lybell as the pursuers provisions for aliement of the saids pursuers Comensing from mertimiss Last Jaj vjc nyntie four years to mertimiss Jaj vjc nyntie six years, And Decernes and Ordaines the said William Sinclar defender To make payment to the said William Dunbar of Hemprigs of the said annualrent for aliement as said is at the termes following viz The first termes annualrent at the terme of Whitsunday Jaj vjc nyntie five years, The second terme at mertimiss the said year, The thrid terme at Whitsunday Jaj vjc nyntie six years and the fourth and Last terme at Mertimiss the said year, And Ordaines letters of horning on fiftein dayes and others needfull to be direct heiron at Hempriggs instance In forme as effeirs, And Declaires that the Discharge heirof Which shall be granted be William Dunar of Hempriggs shall be a suficient exoneratione to the defender of the aboverents of the bonds Lybelled pro tanto.

Edinburgh Tuesday 26th February 1695

D1695/2/281

Decreet

Decreet Sinclars and Hemprigs Against Sinclars

Anent the Lybell raised and pursued befor the Lords of his majesties privy Councill at the instance of Elizabeth, Jannet, Katharin and David Sinclars Cheldrein to the deceast William Sinclar of Dumbaith Mentioning That wher the pursuers deceast father did at the time of his death Live ane opulant fortune both of reall and personall estate and did provyd his Cheldrein by bonds and otherwayes to clear and distinct provisiones and amongst others did provyde the saids persewars the saids Elizabeth, Jannet, Margrat, and Catharin each of them the soume of four Thousand merks a peice and to the said David his youngest sone to the soume of fyve thousand merks And Caused John Sinclar his eldest sone to signe bonds for all the saids persewers respective provisiones forsaids, and haveing a litle before his death Disponed his estate to William Sinclar his second sone Caused him also to grant bonds for ther respective provisions yet nevertheless the said John and William Sinclars the said pursuers bretheren whither by debate or Connivance betwixt themselves doe both withhold and detaine from the said pursuers ther forsaids bonds of provisione and Likewayes refuse to allow them any aliement or mens for ther subsistance albeit the saids pursuers be all the Cheldrein of the same father and mother are very meanly provyded whillest the saids two bretheren do enjoy ane opulent and plentifull estate Wherby they are left destitute even of their necessary subsistance and would Certainly have perished unles some of their more remott relationes seing them stragling hade in pity and Comon humanity offered them some help suport and releiff which was denyed to the saids pursuers by their oun bretheren And seing the saids Lords of privy Councill are the patrons of destitute Orphans and fatherless Childrein and that the saids pursuers have oft and diverse times desyred and requyred the said William Sinclar their brother who has their bonds of provision in his hands and also has intromitted with ther fathers haill personall estate and moveables and particularly with the wrytes and Chartor Chist of their said deceast father and all his moveable goods which are most directly Lyable to the said persewers debt, To exhibit and delyver to the saids pursuers their saids bonds of privisiones yet the defenders absolutly refusses to doe the same Therfore the said William ought and should be Decerned by the saids Lords ther sentance or Decreet not only to exhibit and delyver up to the saids pursuers their saids bonds of provisiones to be keeped and used be them as ther oun proper wrytes and evidents But likewayes To make payment to the said pursuers of ane Competent aliement or aliements to be modified be the saids Lords, Wherby the saids persuars may be maintained intertained and educat as becomes ther fathers Childrein and the saids Lords of privy Councill should authorize a Tutor or Curator to them ad Litem for prosecuteing and Carieing on of this proces and for receiveing up of their papers, and the aliement which shall be modified be the saids Lords to the saids pursuers and granting discharges of the same And Anent the Charge given to the saids defenders To have Compeired before the saids Lords at ane Certaine day bygone To have answered to the grounds of the above Complaint and to have heard and seen such order and Course taken theranent as appertaines under the paine of rebellione etc as the principall letters and executiones therof at more length Containes Which Lybell being upon the Seventh of February instant Called in presence of the saids Lords and the persewars Compeiring be Mr Robert Frazer ther advocat with William Dunbar of Hemprigs who alledged he hade Commission from the persuars and produced to missive letters from them and the defender Compeiring personally with Mr John Menzies his advocat, The saids Lords Recomended to a Committie of ther oun number to Call for and hear both parties and endeavor to setle and agree them and in case of Difficultie to report to the Councill, And accordingly the Committie Haveing mett and given in a report, The Councill upon ane Supplication given in to them for the defender Representing that they were not heard at the makeing the report Did not advyse the same Butt allowed both parties to be heard in ther oun presence And accordingly the said Lybell being Called this day In presence of the saids Lords of his majesties privy Councill and the said William Dunbar of Hemprigs Having Compeired personally for the said pursuers with Mr Hew Dalrymple and Mr Robert Frazer advocats for the pursuers And William Sinclar defender Compeiring also personally with Mr John Meinzies and Mr David Cuninghame his Advocats The lybell and answers therto being read and both parties Advocats fully heard, The saids Lords Remitts That part of the Lybell anent the exhibitone to be pursued before the Judge ordinar via ordinaria, And Modifies Two years aboverent of the respective principall soumes mentioned in the Lybell as the pursuers provisions for aliement of the saids pursuers Comensing from mertimiss Last Jaj vjc nyntie four years to mertimiss Jaj vjc nyntie six years, And Decernes and Ordaines the said William Sinclar defender To make payment to the said William Dunbar of Hemprigs of the said annualrent for aliement as said is at the termes following viz The first termes annualrent at the terme of Whitsunday Jaj vjc nyntie five years, The second terme at mertimiss the said year, The thrid terme at Whitsunday Jaj vjc nyntie six years and the fourth and Last terme at Mertimiss the said year, And Ordaines letters of horning on fiftein dayes and others needfull to be direct heiron at Hempriggs instance In forme as effeirs, And Declaires that the Discharge heirof Which shall be granted be William Dunar of Hempriggs shall be a suficient exoneratione to the defender of the aboverents of the bonds Lybelled pro tanto.

1. NRS, PC2/25, 186v-188r.

1. NRS, PC2/25, 186v-188r.

Sederunt, 26 February 1695, Edinburgh

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Edinburgh Tuesday 26th February 16951

D1695/2/272

Sederunt

Earl of Anandale pres; Earl of Melville p: seall; Earl of Cassills; Earl of Leven; Earl of Forfar; Earl of Brodalbine; Lord Murray; Viscount Tarbat; Lord Raith; Lord Carmicheall; Lord Polwarth; Lord Advocat; Lord Hatton; Mr Fra: Montgomry; Laird of Grant

Edinburgh Tuesday 26th February 16951

D1695/2/272

Sederunt

Earl of Anandale pres; Earl of Melville p: seall; Earl of Cassills; Earl of Leven; Earl of Forfar; Earl of Brodalbine; Lord Murray; Viscount Tarbat; Lord Raith; Lord Carmicheall; Lord Polwarth; Lord Advocat; Lord Hatton; Mr Fra: Montgomry; Laird of Grant

1. NRS, PC2/25, 186v.

2. NRS, PC2/25, 186v.

1. NRS, PC2/25, 186v.

2. NRS, PC2/25, 186v.

Act, 21 February 1695, Edinburgh

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Edinburgh Thursday 21 February 1695

D1695/2/261

Act

Act John Irvin for the Toune of Dumfrees

Anent a Supplication given in to the Lords of his Majesties privy Councill be John Irvine of Drumcoltrane in name of the toun of Drumfrees Shewing That quher the petitioner did present to Captaine Campbell on of Coll Douglas his Captaines two suficient souldiers in name of the said toune for the last Levie who secured them in the prisone of Dumfrees till he should Call for them and grant recept And true it is that the petitioners Could not obtaine the said recept till the petitioners brought the said Captaine to his Coll who gave him assurance that he hade received them and quherupon the said Coll Granted his recept as the samen thertwith produced would testifie And being informed that ther Lordships upon ane misrepresentatione that the petitioners were deficient and hade not delyvered ther souldiers in due time)2 have fyned the petitioners in four hundred merks nothwithstanding that the petitioner were never deficient Bot most ready to Contribute their outmost endeavors for the present government, as ane instrument under the hand of John Herries nottar publict delyvered to the said Coll Douglas would testifie And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned The Lords of his Majesties privy Councill Haveing Considered this petition given in to them be the above John Irving with Coll Douglas his recept or discharge mentioned therin and produced therwith They hereby Exoner the petitioner and the toune of Dumfrees of the above four hundred merks of fyne for alledged deficiencie And sustaines the Collonells Discharge for the two Souldiers and Discharges any persone to trouble or mollest them for ther deficiency in the Outreik of the said souldiers

Edinburgh Thursday 21 February 1695

D1695/2/261

Act

Act John Irvin for the Toune of Dumfrees

Anent a Supplication given in to the Lords of his Majesties privy Councill be John Irvine of Drumcoltrane in name of the toun of Drumfrees Shewing That quher the petitioner did present to Captaine Campbell on of Coll Douglas his Captaines two suficient souldiers in name of the said toune for the last Levie who secured them in the prisone of Dumfrees till he should Call for them and grant recept And true it is that the petitioners Could not obtaine the said recept till the petitioners brought the said Captaine to his Coll who gave him assurance that he hade received them and quherupon the said Coll Granted his recept as the samen thertwith produced would testifie And being informed that ther Lordships upon ane misrepresentatione that the petitioners were deficient and hade not delyvered ther souldiers in due time)2 have fyned the petitioners in four hundred merks nothwithstanding that the petitioner were never deficient Bot most ready to Contribute their outmost endeavors for the present government, as ane instrument under the hand of John Herries nottar publict delyvered to the said Coll Douglas would testifie And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned The Lords of his Majesties privy Councill Haveing Considered this petition given in to them be the above John Irving with Coll Douglas his recept or discharge mentioned therin and produced therwith They hereby Exoner the petitioner and the toune of Dumfrees of the above four hundred merks of fyne for alledged deficiencie And sustaines the Collonells Discharge for the two Souldiers and Discharges any persone to trouble or mollest them for ther deficiency in the Outreik of the said souldiers

1. NRS, PC2/25, 186r-186v.

2. Opening bracket missing.

1. NRS, PC2/25, 186r-186v.

2. Opening bracket missing.