Tag Archives: February

Act, 27 February 1694, Edinburgh

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Edinburgh the Twentie Seventh day of February Jaj vjc nyntie four years

D1694/2/331

Act

Act The Earle of Anandale for the stipend of Moffat

Anent a Petition given in to the Lords of ther Majesties privy Councill be William Earle of Anandale Shewing That quher the petitioner as air to his father stands heretablie infeft and seased in the Lands of Moffat and others errected in a free regality and in the patronadge of the Kirk of Moffat and teynds parsonadge and viccaradge of the said paroch kirk and parishen of Moffat holden of the kings Majestie Conforme to his oun and his predecessors right and infeftments be vertue quherof by the twentie thrid act of their Majesties particular intitulled act concerning patronadges The petitioner has right to the Vaccand stipend of the said parochin of Moffat to be applyed for pious usses within the said paroch notwithstanding quherof And that the petitioner was allwayes inclyneable to have applyed the said vaccand stipend for pious usses Especially for repairing the kirk and manse Which are altogither ruinous some of the heritors of the said parish did in August Jaj vjc nyntie one upon a petitione given in by them to the saids Lords in the petitioners absence when the petitioner was at London, and without the petitioners knowledge procure a warrand from the saids Lords Impowering the now deceast John Hunter in Dumfrees as factor for the said heritors to uplift the vaccand stipend of the said parish of Moffat for the years Jaj vjc Eightie nyne and Jaj vjc nyntie to have been Imployed for repairing the kirk and manse By vertue of Which the said John Hunter as factor forsaid did actually intromitt and uplift a Considerable part of the said two years stipend for severall of the said heritors and has neither repaired the kirk nor manse which are now in every ruinous Conditione And will altogither fall to the ground If the samen be not speedily repaired, And seing the petitioner is not only the heritor of the greatest half of the parish, But lykewayes stands heretabllie infeft in the patronadge and teinds of the said paroshin and therby and be vertue of the late acts of parliament has the undoubted right to intromitt with the vaccand stipends and Imploy the Samen for repairing the kirk and mase and other pious use within the said parish, Which the petitioner is most willing to doe and that albeit the said now deceast John Hunter as factor forsaid be vertue of the saids Lords forsaid act in the petitioners absence did intromitt with a Considerable part of the said two years vaccand stipends yet he has neither repaired the kirk nor manse nor will his representatives compt with the petitioner as patron for his intromissiones without the saids Lords warrand for that effect And Therfore humbly Craveing the saids Lords would take the premises to their Consideratione and to grant Warrand and Commission to the petitioner as patron of the said parish not only to Cause the representatives of the said umquhill John Hunter to make Compt reckoning and payment to the petitioner of his intromissiones with the said two years vaccand stipend But also to intromitt with and uplift the subsequent vaccand stipends of the said parishin of all years and termes sincesyne and in time comeing dureing the vaccancie of the said kirk, Except in so farr as the samen is gifted all ready and disposed upon in favors of Sarah Johnstone relict of the deceast Mr David Johnstone minister of the said kirk And to discharge all others from medling therwith Especially seing the petitioner is most willing to Imploy and apply the said vaccand stipends for repairatione of the said kirk and manse and other pious uses within the parish Conforme to the act of parliament and lawes of the kingdome as the petition bears The Lords of their Majesties privy Councill Haveing Considered this petition given in to them be the above Earle of Annandale They heirby Ordain The representatives of the above John Hunter and […] his Cautioner in the bond given in to the Councill for the said John Hunter as factor for uplifting the stipend of Moffat vaccand of the years Jaj vjc Eightie nyne and Nyntie To make Just Compt reckoning and payment to the said Earle As patron of the said kirk of the said umquhill John Hunter his intromissiones of the said vaccand stipend for the years forsaids And Ordaines all executione Competent upon the said bond against the representatives of the said factor and his said Cautioner to proceid and be used at the instance of the said Earle to that effect And the saids Lords heirby Recomends And Grants full power and warrand to the said Earle of Anandale by himself or the factors to be appoynted by him for that effect to intromitt with uplift and receive the rests of the vaccand stipend of the said kirk of Moffat for the saids years Jaj vjc Eightie nyne and Jaj vjc nyntie so farr therof as is not all ready uplifted by the said deceast John Hunter And lykewayes the vaccand stipend of the said kirk for all years and termes since the said year Jaj vjc nyntie and in time coming dureing the vaccancy of the said kirk Except in so farr as the same is allready 2 gifted and disposed upon in fewars of Sarrah Johnstone relict of the deceast Mr David Johnstone minister at the said kirk And Decernes and Ordaines the heritors wodsetters Lyfrenters tenants possessors and others Lyable in payment of the said stipend to make payment therof Conforme to their severall proportiones to the said Earle or factor to be nominat by him for that effect dureing the space forsaid, The termes of payment being allwayes first Come and bygone, The said Earle as patron of the said kirk being allwayes oblidged to Imploy and apply the vaccand stipends of the said Church for repairation of the said kirk and manse and other pious uses within the parish Conforme to the acts of parliament and Lawes of this kingdome made theranent And Ordaines letters of horning to be direct heiron under the signet of Councill and others informe as effeirs.

Edinburgh the Twentie Seventh day of February Jaj vjc nyntie four years

D1694/2/331

Act

Act The Earle of Anandale for the stipend of Moffat

Anent a Petition given in to the Lords of ther Majesties privy Councill be William Earle of Anandale Shewing That quher the petitioner as air to his father stands heretablie infeft and seased in the Lands of Moffat and others errected in a free regality and in the patronadge of the Kirk of Moffat and teynds parsonadge and viccaradge of the said paroch kirk and parishen of Moffat holden of the kings Majestie Conforme to his oun and his predecessors right and infeftments be vertue quherof by the twentie thrid act of their Majesties particular intitulled act concerning patronadges The petitioner has right to the Vaccand stipend of the said parochin of Moffat to be applyed for pious usses within the said paroch notwithstanding quherof And that the petitioner was allwayes inclyneable to have applyed the said vaccand stipend for pious usses Especially for repairing the kirk and manse Which are altogither ruinous some of the heritors of the said parish did in August Jaj vjc nyntie one upon a petitione given in by them to the saids Lords in the petitioners absence when the petitioner was at London, and without the petitioners knowledge procure a warrand from the saids Lords Impowering the now deceast John Hunter in Dumfrees as factor for the said heritors to uplift the vaccand stipend of the said parish of Moffat for the years Jaj vjc Eightie nyne and Jaj vjc nyntie to have been Imployed for repairing the kirk and manse By vertue of Which the said John Hunter as factor forsaid did actually intromitt and uplift a Considerable part of the said two years stipend for severall of the said heritors and has neither repaired the kirk nor manse which are now in every ruinous Conditione And will altogither fall to the ground If the samen be not speedily repaired, And seing the petitioner is not only the heritor of the greatest half of the parish, But lykewayes stands heretabllie infeft in the patronadge and teinds of the said paroshin and therby and be vertue of the late acts of parliament has the undoubted right to intromitt with the vaccand stipends and Imploy the Samen for repairing the kirk and mase and other pious use within the said parish, Which the petitioner is most willing to doe and that albeit the said now deceast John Hunter as factor forsaid be vertue of the saids Lords forsaid act in the petitioners absence did intromitt with a Considerable part of the said two years vaccand stipends yet he has neither repaired the kirk nor manse nor will his representatives compt with the petitioner as patron for his intromissiones without the saids Lords warrand for that effect And Therfore humbly Craveing the saids Lords would take the premises to their Consideratione and to grant Warrand and Commission to the petitioner as patron of the said parish not only to Cause the representatives of the said umquhill John Hunter to make Compt reckoning and payment to the petitioner of his intromissiones with the said two years vaccand stipend But also to intromitt with and uplift the subsequent vaccand stipends of the said parishin of all years and termes sincesyne and in time comeing dureing the vaccancie of the said kirk, Except in so farr as the samen is gifted all ready and disposed upon in favors of Sarah Johnstone relict of the deceast Mr David Johnstone minister of the said kirk And to discharge all others from medling therwith Especially seing the petitioner is most willing to Imploy and apply the said vaccand stipends for repairatione of the said kirk and manse and other pious uses within the parish Conforme to the act of parliament and lawes of the kingdome as the petition bears The Lords of their Majesties privy Councill Haveing Considered this petition given in to them be the above Earle of Annandale They heirby Ordain The representatives of the above John Hunter and […] his Cautioner in the bond given in to the Councill for the said John Hunter as factor for uplifting the stipend of Moffat vaccand of the years Jaj vjc Eightie nyne and Nyntie To make Just Compt reckoning and payment to the said Earle As patron of the said kirk of the said umquhill John Hunter his intromissiones of the said vaccand stipend for the years forsaids And Ordaines all executione Competent upon the said bond against the representatives of the said factor and his said Cautioner to proceid and be used at the instance of the said Earle to that effect And the saids Lords heirby Recomends And Grants full power and warrand to the said Earle of Anandale by himself or the factors to be appoynted by him for that effect to intromitt with uplift and receive the rests of the vaccand stipend of the said kirk of Moffat for the saids years Jaj vjc Eightie nyne and Jaj vjc nyntie so farr therof as is not all ready uplifted by the said deceast John Hunter And lykewayes the vaccand stipend of the said kirk for all years and termes since the said year Jaj vjc nyntie and in time coming dureing the vaccancy of the said kirk Except in so farr as the same is allready 2 gifted and disposed upon in fewars of Sarrah Johnstone relict of the deceast Mr David Johnstone minister at the said kirk And Decernes and Ordaines the heritors wodsetters Lyfrenters tenants possessors and others Lyable in payment of the said stipend to make payment therof Conforme to their severall proportiones to the said Earle or factor to be nominat by him for that effect dureing the space forsaid, The termes of payment being allwayes first Come and bygone, The said Earle as patron of the said kirk being allwayes oblidged to Imploy and apply the vaccand stipends of the said Church for repairation of the said kirk and manse and other pious uses within the parish Conforme to the acts of parliament and Lawes of this kingdome made theranent And Ordaines letters of horning to be direct heiron under the signet of Councill and others informe as effeirs.

1. NRS, PC2/24, 345v-347r.

2. The word ‘granted’ scored out here.

1. NRS, PC2/24, 345v-347r.

2. The word ‘granted’ scored out here.

Sederunt, 27 February 1694, Edinburgh

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Edinburgh the Twentie Seventh day of February Jaj vjc nyntie four years1

D1694/2/322

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Anandale; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Raith; Lord Ross; Lord Polwarth; Lord Advocat; Lord Hatton; Mr Fr: Montgomery; Laird of Stivenson; Sir Thomas Livingston

Edinburgh the Twentie Seventh day of February Jaj vjc nyntie four years1

D1694/2/322

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Anandale; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Raith; Lord Ross; Lord Polwarth; Lord Advocat; Lord Hatton; Mr Fr: Montgomery; Laird of Stivenson; Sir Thomas Livingston

1. NRS, PC2/24, 345v.

2. NRS, PC2/24, 345v.

1. NRS, PC2/24, 345v.

2. NRS, PC2/24, 345v.

Order, 22 February 1694, Edinburgh

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Edinburgh the twentie two day of February Jaj vjc nyntie four years

D1694/2/311

Order

Recomendatione to the thesaurie anent Mistress Pringles Childrein

The Lords of their majesties privy Councill doe heirby Discharge […] Lady Kirkhouse or any for her to Cary or have the Custody of any of the Childrein procreat betwixt the deceast David Pringle apothecary in Edinburgh and Marion Maxwell his deceast spouse , And Recomends to the Lords Commissioners of ther majesties thesaurie to allow the saids Cheldrein a present aliement out of the roup of the said Marrion Maxwells Moveables to be given to the freinds sueing for the same, and undertakeing to aliement them, And Likewayes to allow and Modifie her funerall expences, And Ordaines this discharge to be intimate to the said Lady Kirkhouse who is presently within the burgh of Edinburgh.

Edinburgh the twentie two day of February Jaj vjc nyntie four years

D1694/2/311

Order

Recomendatione to the thesaurie anent Mistress Pringles Childrein

The Lords of their majesties privy Councill doe heirby Discharge […] Lady Kirkhouse or any for her to Cary or have the Custody of any of the Childrein procreat betwixt the deceast David Pringle apothecary in Edinburgh and Marion Maxwell his deceast spouse , And Recomends to the Lords Commissioners of ther majesties thesaurie to allow the saids Cheldrein a present aliement out of the roup of the said Marrion Maxwells Moveables to be given to the freinds sueing for the same, and undertakeing to aliement them, And Likewayes to allow and Modifie her funerall expences, And Ordaines this discharge to be intimate to the said Lady Kirkhouse who is presently within the burgh of Edinburgh.

1. NRS, PC2/24, 345v.

1. NRS, PC2/24, 345v.

Warrant, 22 February 1694, Edinburgh

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Edinburgh the twentie two day of February Jaj vjc nyntie four years

D1694/2/301

Warrant

Warrand for Captains Home and Bruce to attend ther Companies

The Lords of their majesties privy Councill Doe heirby allow and Grant Warrand and libertie to Captain John Home and Captain […] Bruce both Captaines in the Lord Strathnavers regiment to attend their respective Companies at the places wher they Lye notwithstanding they be Conveened before the Councill in a proces at the instance of the relict and sone of umquhill James Dunlope, The said two Captaines first giveing bond and finding Cautione acted in the books of privy That they shall appear before the saids Lords to answer any dyet of the process when ever they shall be requyred therto, And allowes the Clerk of Councill to receive Alexander Bruce writter as Cautioner to the said Captaine Bruce.

Edinburgh the twentie two day of February Jaj vjc nyntie four years

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Warrant

Warrand for Captains Home and Bruce to attend ther Companies

The Lords of their majesties privy Councill Doe heirby allow and Grant Warrand and libertie to Captain John Home and Captain […] Bruce both Captaines in the Lord Strathnavers regiment to attend their respective Companies at the places wher they Lye notwithstanding they be Conveened before the Councill in a proces at the instance of the relict and sone of umquhill James Dunlope, The said two Captaines first giveing bond and finding Cautione acted in the books of privy That they shall appear before the saids Lords to answer any dyet of the process when ever they shall be requyred therto, And allowes the Clerk of Councill to receive Alexander Bruce writter as Cautioner to the said Captaine Bruce.

1. NRS, PC2/24, 345r-345v.

1. NRS, PC2/24, 345r-345v.

Decreet, 22 February 1694, Edinburgh

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Edinburgh the twentie two day of February Jaj vjc nyntie four years

D1694/2/291

Decreet

Decreet Urquhart Against Slowan her husband

Anent our soveraigne Lord and Ladies letters raised and pursued before the Lords of their majesties privy Councill at the instance of Margrat Urquhart spouse to Mathew Slowan sometime in Belfast in Ireland Mentioning that quher by the lawes of god and the Law of nature and the lawes and constitutiones of this and all weell governed nationes It is the duties of husbands to love and Cherrish their wives and to provyde for them and their Childrein and mantaine them according to ther qualitie and estate, and not suffer them to brought to misserie, yet true it is that about seven years agoe the pursuer was maried to the said Mathow Sloan who received with her upon the accompt of the mariadge severall Considerable soumes of money besides diverse other things such as merchant goods of a Considerable value Which if the pursuer hade been unmaried would have mantained her honastly as ane gentlwoman all her dayes, yet within a moneth after the mariadge he took such ane hatred and dislike at the pursuer (Loveing the Company of other women better then hers) That he would not suffer her to abyde in the house with him nor allow her ane residence elsewher nor anything to Live on, all which the pursuer endured alse long as she was able expecting that he would grow letter and suffer her to Cohabit with him Conforme to their mariadge ingadgment but all in rain so that the pursuer was neessitate to make application to Thomas Waird esquir dean of Commissioner and one of their majesties Justices of peace for the Countey of Antrum desyreing him earnestly to cause bring before him the pursuers unnaturall husband, To shew his reasone why he would not oun her, and accordingly she procured his warrand which is heirwith produced directed to the Constables of the barrony of Belfast or any one of them for apprehending the said Mathow To answer to what she hade to Lay to his charge But the hearing of this and fearing of Imprisonment Converted all the pursuers goods into money and gold and came over to Scotland and took on a souldier with the dragoons and left the pursuer nothing to Live on, So that she was necessitate to follow him nay a very day not knowing wher to find him from place to place, And severall times in great hazard by sea and land Liveing allwayes upon the Charity of good people till at last she gott nottice he was under the Command of Sir Thomas Livingstone with whom she found him, And desyred him that seing he hade left her and disowned her as his wyfe, That he would give her her oun to Live on, And he should not be more troubled with her But he swor many a bloody oath, That he would see her damned eternally before he would give her ane farthing, And if she would not live him and fash him no more, he should murther her And the more to evidence his barbarity and Creuelty when she was about the seeking after him who was then in Company with some other women he kicked her on the belly with his foot and killed the Child in her womb, Which she Immediatly after parliament with, And seing the said matter was formerly before the saids Lords of privy Councill And the saids Lords haveing remitted the same to Sir Thomas Liveingstoune to enquyre in the Circumstances of the pursuers husband, And to endeavor to agree and setle them, and incaise of deficulty to report, And the said Sir Thomas being unwilling to midle in the said affair, to pursuer Lyes still unredressed of her forsaid grivances, Wherthrow It is evident to the saids Lords how greatly the pursuer is wronged And Therfore the said Mathow Sloan aught and shall not not2 only be ordained to pay to the pursuer such a soume out of which he has taken and from her and is presently in possessione off as may not only be a mean of subsistance to the pursuer in the mean time, But might likewayes Capacitate her to follow furth divorce against him since he has severall whoors and will not Cohabit with her, Unless she should resolve to be murthered by him as many a time has sworn to doe, if the perseuer come near him Bot otherwayes punished in his persone and goods to the terror of others to Committ the like in time comeing And Anent the Charge given to the said defender to have Compeired before the saids Lords at ane certaine day now bygone To have answered to the points of the above Complaint and to have heard and seen himself Decerned to make payment to the said pursuer of such a samne of money as may not only be a mean of subsistance to her in the mean time Bot likways to Capacitate her to follow furth a divorse against him for the Causes abovementioned as the letters and executiones therof more fully heard Which letters being upon the Twentie thrid day of november last called in presence of the saids Lords of privy Councill, And the saids Margrat Urquhart persewar Compeiring personally And ther said Mathow Sloan defender being lawfullie cited and oft times called and not Compeiring The saids Lords granted certificatione against the said defender In respect of his absence and not Compeiring And Ordained letters of Denuncatione to be direct against him, And the saids letters being this day again called in presence of the saids Lords this day again called in presence of the saids Lords of privy Councill and both persewar and defender of Compeiring personally3 at the barr The Councill haveing Considered the lybell and heard both parties in ther presence, They heirby modifie the soume of Two Hundred merks scots of yearly aliement to the said Margrat Urquhart persewar, And Ordaines the same to be Levied and uplifted Ordaines the same to be Levied and uplifted out of the readiest of the said Mathow Sloan her said husband his means and estate at two termes in the year Whitsunday and Mertimiss be equall portiones Commenceing the said aliement frae the portiones Commenceing the said aliement frae the terme of Mertimiss last, and beginning the first termes payment therof at Whitsunday nixt as for the terme preceiding, And so furth yearly and termly in time comeing, The termes of payment therof being allwayes first come and bygone, And the saids Lords doe heirby Discharge any executione to pass heiron either against the defenders person or for affecting his pay horss or armes Bot only allowes Executione heiron against the defenders other means or estate as accords of the Law.

Edinburgh the twentie two day of February Jaj vjc nyntie four years

D1694/2/291

Decreet

Decreet Urquhart Against Slowan her husband

Anent our soveraigne Lord and Ladies letters raised and pursued before the Lords of their majesties privy Councill at the instance of Margrat Urquhart spouse to Mathew Slowan sometime in Belfast in Ireland Mentioning that quher by the lawes of god and the Law of nature and the lawes and constitutiones of this and all weell governed nationes It is the duties of husbands to love and Cherrish their wives and to provyde for them and their Childrein and mantaine them according to ther qualitie and estate, and not suffer them to brought to misserie, yet true it is that about seven years agoe the pursuer was maried to the said Mathow Sloan who received with her upon the accompt of the mariadge severall Considerable soumes of money besides diverse other things such as merchant goods of a Considerable value Which if the pursuer hade been unmaried would have mantained her honastly as ane gentlwoman all her dayes, yet within a moneth after the mariadge he took such ane hatred and dislike at the pursuer (Loveing the Company of other women better then hers) That he would not suffer her to abyde in the house with him nor allow her ane residence elsewher nor anything to Live on, all which the pursuer endured alse long as she was able expecting that he would grow letter and suffer her to Cohabit with him Conforme to their mariadge ingadgment but all in rain so that the pursuer was neessitate to make application to Thomas Waird esquir dean of Commissioner and one of their majesties Justices of peace for the Countey of Antrum desyreing him earnestly to cause bring before him the pursuers unnaturall husband, To shew his reasone why he would not oun her, and accordingly she procured his warrand which is heirwith produced directed to the Constables of the barrony of Belfast or any one of them for apprehending the said Mathow To answer to what she hade to Lay to his charge But the hearing of this and fearing of Imprisonment Converted all the pursuers goods into money and gold and came over to Scotland and took on a souldier with the dragoons and left the pursuer nothing to Live on, So that she was necessitate to follow him nay a very day not knowing wher to find him from place to place, And severall times in great hazard by sea and land Liveing allwayes upon the Charity of good people till at last she gott nottice he was under the Command of Sir Thomas Livingstone with whom she found him, And desyred him that seing he hade left her and disowned her as his wyfe, That he would give her her oun to Live on, And he should not be more troubled with her But he swor many a bloody oath, That he would see her damned eternally before he would give her ane farthing, And if she would not live him and fash him no more, he should murther her And the more to evidence his barbarity and Creuelty when she was about the seeking after him who was then in Company with some other women he kicked her on the belly with his foot and killed the Child in her womb, Which she Immediatly after parliament with, And seing the said matter was formerly before the saids Lords of privy Councill And the saids Lords haveing remitted the same to Sir Thomas Liveingstoune to enquyre in the Circumstances of the pursuers husband, And to endeavor to agree and setle them, and incaise of deficulty to report, And the said Sir Thomas being unwilling to midle in the said affair, to pursuer Lyes still unredressed of her forsaid grivances, Wherthrow It is evident to the saids Lords how greatly the pursuer is wronged And Therfore the said Mathow Sloan aught and shall not not2 only be ordained to pay to the pursuer such a soume out of which he has taken and from her and is presently in possessione off as may not only be a mean of subsistance to the pursuer in the mean time, But might likewayes Capacitate her to follow furth divorce against him since he has severall whoors and will not Cohabit with her, Unless she should resolve to be murthered by him as many a time has sworn to doe, if the perseuer come near him Bot otherwayes punished in his persone and goods to the terror of others to Committ the like in time comeing And Anent the Charge given to the said defender to have Compeired before the saids Lords at ane certaine day now bygone To have answered to the points of the above Complaint and to have heard and seen himself Decerned to make payment to the said pursuer of such a samne of money as may not only be a mean of subsistance to her in the mean time Bot likways to Capacitate her to follow furth a divorse against him for the Causes abovementioned as the letters and executiones therof more fully heard Which letters being upon the Twentie thrid day of november last called in presence of the saids Lords of privy Councill, And the saids Margrat Urquhart persewar Compeiring personally And ther said Mathow Sloan defender being lawfullie cited and oft times called and not Compeiring The saids Lords granted certificatione against the said defender In respect of his absence and not Compeiring And Ordained letters of Denuncatione to be direct against him, And the saids letters being this day again called in presence of the saids Lords this day again called in presence of the saids Lords of privy Councill and both persewar and defender of Compeiring personally3 at the barr The Councill haveing Considered the lybell and heard both parties in ther presence, They heirby modifie the soume of Two Hundred merks scots of yearly aliement to the said Margrat Urquhart persewar, And Ordaines the same to be Levied and uplifted Ordaines the same to be Levied and uplifted out of the readiest of the said Mathow Sloan her said husband his means and estate at two termes in the year Whitsunday and Mertimiss be equall portiones Commenceing the said aliement frae the portiones Commenceing the said aliement frae the terme of Mertimiss last, and beginning the first termes payment therof at Whitsunday nixt as for the terme preceiding, And so furth yearly and termly in time comeing, The termes of payment therof being allwayes first come and bygone, And the saids Lords doe heirby Discharge any executione to pass heiron either against the defenders person or for affecting his pay horss or armes Bot only allowes Executione heiron against the defenders other means or estate as accords of the Law.

1. NRS, PC2/24, 343v-345r.

2. Sic.

3. Insertion.

1. NRS, PC2/24, 343v-345r.

2. Sic.

3. Insertion.

Sederunt, 22 February 1694, Edinburgh

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Edinburgh the twentie two day of February Jaj vjc nyntie four years1

D1694/2/282

Sederunt

Lord Chancelor; Earl of Melvill P: S:; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Anandale; Earl of Forfar; Earl of Kintore; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Ross; Lord Beilhaven; Lord Polwarth; Lord Advocat; Lord Hatton; Lord Enstruther; Mr Fr: Montgomrie; Laird of Stivensone; Sir Thomas Livingston

Edinburgh the twentie two day of February Jaj vjc nyntie four years1

D1694/2/282

Sederunt

Lord Chancelor; Earl of Melvill P: S:; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Anandale; Earl of Forfar; Earl of Kintore; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Ross; Lord Beilhaven; Lord Polwarth; Lord Advocat; Lord Hatton; Lord Enstruther; Mr Fr: Montgomrie; Laird of Stivensone; Sir Thomas Livingston

1. NRS, PC2/24, 343v.

2. NRS, PC2/24, 343v.

1. NRS, PC2/24, 343v.

2. NRS, PC2/24, 343v.

Decreet, 20 February 1694, Edinburgh

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Edinburgh the tuentie day of February Jaj vjc nyntie four years

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Decreet

Decreet Howat Against Howat her husband

Anent our soveraigne Lord and Ladies letters raised and pursued before the Lords of their Majesties privy Councill at the instance of Elizabeth Howat spous to James Howat in Edinburgh Upon a petition mentioneing That quher the petitioner being married to her said husband at London as is notourly knowen as has been made appear to severall of the saids Lords number by the Certificats under the hands of the Lord Mayor and others the Citizens of the City of London Confirmeing the samen, And Which Certificats are therwith produced And the petitioners husband haveing about five or six weeks after his mariadge received letters from his mother to come for Scotland, He after severall intreaties to that effect Importuneing the petitioner to Consent therto upon the promisses of his speedy returne the petitioner gave her Consent But the petitioner understanding (after his so long stay) The he was not like to returne And being oppressed with greeff for his so long absence, Resolved to come to Scotland not doubting of a kynd reception both from her husband and his relationes, But the treuth is when the petitioner hade come to Edinburgh she was informed that her husband was not in toune and after a Considerable times stay the petitioner took occasione to goe and visit her husbands brother And in time she was ther her husband came accidentally in And Declared in audience of severall persones that the petitioner was his lawfull maried wyfe and stayed with her all that night, Which the petitioner can make appear, And one the morrow he took the petitioner doune to his Chamber in the Cannogate And after a little stay and many flattering speeches offered her a paper to Subscrive Which the petitioner haveing purused absolutely refused his unreasonable and unnaturall demands in it, It being to abjure her mariadge with him, And upon the petitioners refusall, He fell out in most execrable oathes drew his sword and threatned to kill the petitioner But she (by the mercy of God) Escapeing fled to Mr George Meldrum for shelter and advice he Councelled her to retire to her oun Chamber Which she did, And the petitioners husband (by the instigatione of his mother as is generally reported and which the petitioner has reasone to beleive) Growing still worss and worss has most unnaturally slighted and maliciously reproached the petitioner, And threatens to kill her and all them that owns her deplorable though Just quarrell, as also her threatned that if the petitioner Condescended not to subscrive the forsaid paper Tha he would being in thrie Ruffians (who for a shilling a peice) would swear what ever he proposed to them, Lykeas the petitioner has a Considerable soume resting her in England, Which was left her by her parents, And the persone in whose hand it is Refuses to give it or any share therof to the petitioner In respect she is Cloathed with a husband, so that the petitioner on all hands is made destitute of all maner of subsistance By all which it is evident to the saids Lords how un Christianly and inhumanely the petitioner is treated by her husband and his mother And Therfore Craveing that the saids Lords would take the petitioners case into their Consideration And for the reasones and grounds above represented and according to the principalls of Law, And the saids Lords dayly pracitque in the like cases modifie to the petitioner such ane Competent aliement out of her husbands fortune and estate as the saids Lords shall think fitt be the said petition bears, The Lords of their majesties privy Councill haveing Considered above petition They ordained the above James Howat to be cited before the saids Lords And Granted Warrand to cite witnesses And Anent the Charge given to the said defender To have Compeired personally before the saids Lords To have heard and seen the premisses verified and ane aliement modified to the petitioner and that with Certificatione etc as the principall letters of Citation executiones and indorsationes therof at more leanth bears, Which letters being upon the twelth day of December last called in presence of the saids Lords of privy Councill and the said Elizabeth Howat pursuer Compeiring personally, And the said James Howat defender being lawfullie cited oft times called and not Compeiring The saids Lords Granted Certificatione against the said defender In Respect of his absence and not Compeirance, And Ordained letters of denunciatione to be direct against him, And the defender being therafter apprehended and Imprisoned be vertue of letters of Caption upon the forsaid letters of Denunciatione, And the forsaid letters of Lybell at the instance of the said pursuer being againe Called upon the threteinth day of February instant in presence of the saids Lords, And the said pursuer Compeiring personally with Sir James Ogilvie her Advocat, And the defender Compeiring alsoe personally being brought from the Tolbooth with a guard to the Councill barr, And Mr William Hoge Compeiring as his Advocat The saids Lords haveing heard both parties advocats and haveing Considered the Lybell with a petition given in for the pursuer They Admitted the Lybell to the pursuers probatione and appointed a Committie for examineing the witnesses wherof such as are present made faith at the barr, And the saids Lords of privy Councill Haveing this day Considered the forsaid Lybell And answers made therto for the defender with a testificat of the pursuers mariadge and the depositions of the witnesses adduced be her for proveing the points and articles of her Lybell They Find it sufficiently proven that the pursuer is maried to the said, James Howat, And Modifies the soume of Twentie punds sterling as one yearly aliement to the pursuer And ordaines the said James Howat to make payment to the said pursuer of the said aliement and that quarterly at four termes in the year viz Candlmiss, Whitsunday Lambes and Mertimiss be equall portions being five punds sterling for each quarter Comendeing the said aliement from mertimess last so that the first termes payment was due at Candlmiss last and from thence furth quarterly to continue dureing the liftyme of the said James Unles he take home the pursuer and live peacably with her as his maried wife, And Ordaines letters of horning one fiftein dayes and others needfull to pass hereon in forme as effeirs.

Edinburgh the tuentie day of February Jaj vjc nyntie four years

D1694/2/271

Decreet

Decreet Howat Against Howat her husband

Anent our soveraigne Lord and Ladies letters raised and pursued before the Lords of their Majesties privy Councill at the instance of Elizabeth Howat spous to James Howat in Edinburgh Upon a petition mentioneing That quher the petitioner being married to her said husband at London as is notourly knowen as has been made appear to severall of the saids Lords number by the Certificats under the hands of the Lord Mayor and others the Citizens of the City of London Confirmeing the samen, And Which Certificats are therwith produced And the petitioners husband haveing about five or six weeks after his mariadge received letters from his mother to come for Scotland, He after severall intreaties to that effect Importuneing the petitioner to Consent therto upon the promisses of his speedy returne the petitioner gave her Consent But the petitioner understanding (after his so long stay) The he was not like to returne And being oppressed with greeff for his so long absence, Resolved to come to Scotland not doubting of a kynd reception both from her husband and his relationes, But the treuth is when the petitioner hade come to Edinburgh she was informed that her husband was not in toune and after a Considerable times stay the petitioner took occasione to goe and visit her husbands brother And in time she was ther her husband came accidentally in And Declared in audience of severall persones that the petitioner was his lawfull maried wyfe and stayed with her all that night, Which the petitioner can make appear, And one the morrow he took the petitioner doune to his Chamber in the Cannogate And after a little stay and many flattering speeches offered her a paper to Subscrive Which the petitioner haveing purused absolutely refused his unreasonable and unnaturall demands in it, It being to abjure her mariadge with him, And upon the petitioners refusall, He fell out in most execrable oathes drew his sword and threatned to kill the petitioner But she (by the mercy of God) Escapeing fled to Mr George Meldrum for shelter and advice he Councelled her to retire to her oun Chamber Which she did, And the petitioners husband (by the instigatione of his mother as is generally reported and which the petitioner has reasone to beleive) Growing still worss and worss has most unnaturally slighted and maliciously reproached the petitioner, And threatens to kill her and all them that owns her deplorable though Just quarrell, as also her threatned that if the petitioner Condescended not to subscrive the forsaid paper Tha he would being in thrie Ruffians (who for a shilling a peice) would swear what ever he proposed to them, Lykeas the petitioner has a Considerable soume resting her in England, Which was left her by her parents, And the persone in whose hand it is Refuses to give it or any share therof to the petitioner In respect she is Cloathed with a husband, so that the petitioner on all hands is made destitute of all maner of subsistance By all which it is evident to the saids Lords how un Christianly and inhumanely the petitioner is treated by her husband and his mother And Therfore Craveing that the saids Lords would take the petitioners case into their Consideration And for the reasones and grounds above represented and according to the principalls of Law, And the saids Lords dayly pracitque in the like cases modifie to the petitioner such ane Competent aliement out of her husbands fortune and estate as the saids Lords shall think fitt be the said petition bears, The Lords of their majesties privy Councill haveing Considered above petition They ordained the above James Howat to be cited before the saids Lords And Granted Warrand to cite witnesses And Anent the Charge given to the said defender To have Compeired personally before the saids Lords To have heard and seen the premisses verified and ane aliement modified to the petitioner and that with Certificatione etc as the principall letters of Citation executiones and indorsationes therof at more leanth bears, Which letters being upon the twelth day of December last called in presence of the saids Lords of privy Councill and the said Elizabeth Howat pursuer Compeiring personally, And the said James Howat defender being lawfullie cited oft times called and not Compeiring The saids Lords Granted Certificatione against the said defender In Respect of his absence and not Compeirance, And Ordained letters of denunciatione to be direct against him, And the defender being therafter apprehended and Imprisoned be vertue of letters of Caption upon the forsaid letters of Denunciatione, And the forsaid letters of Lybell at the instance of the said pursuer being againe Called upon the threteinth day of February instant in presence of the saids Lords, And the said pursuer Compeiring personally with Sir James Ogilvie her Advocat, And the defender Compeiring alsoe personally being brought from the Tolbooth with a guard to the Councill barr, And Mr William Hoge Compeiring as his Advocat The saids Lords haveing heard both parties advocats and haveing Considered the Lybell with a petition given in for the pursuer They Admitted the Lybell to the pursuers probatione and appointed a Committie for examineing the witnesses wherof such as are present made faith at the barr, And the saids Lords of privy Councill Haveing this day Considered the forsaid Lybell And answers made therto for the defender with a testificat of the pursuers mariadge and the depositions of the witnesses adduced be her for proveing the points and articles of her Lybell They Find it sufficiently proven that the pursuer is maried to the said, James Howat, And Modifies the soume of Twentie punds sterling as one yearly aliement to the pursuer And ordaines the said James Howat to make payment to the said pursuer of the said aliement and that quarterly at four termes in the year viz Candlmiss, Whitsunday Lambes and Mertimiss be equall portions being five punds sterling for each quarter Comendeing the said aliement from mertimess last so that the first termes payment was due at Candlmiss last and from thence furth quarterly to continue dureing the liftyme of the said James Unles he take home the pursuer and live peacably with her as his maried wife, And Ordaines letters of horning one fiftein dayes and others needfull to pass hereon in forme as effeirs.

1. NRS, PC2/24, 341v-343r.

1. NRS, PC2/24, 341v-343r.

Act, 20 February 1694, Edinburgh

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Edinburgh the tuentie day of February Jaj vjc nyntie four years

D1694/2/261

Act

Act Patrick Smith of Methven

Anent a Petitione given in to the Lords of their Majesties privy Councill be Patrick Smith of Methven Shewing That quher ther being letters directed for citeing the petitioner his brother and a great many tennants and servants, To Compeir before the saids Lords for ane alledged ryot Comitted by them in detaineing the keyes of the Church door of Methven from Mr Alexander Doning who pretended a warrand from the presbytrie of Pearth to preach ther And it now being the time of Labouring and sewing the ground It would be highly prejudiciall to the poor tenants if they and their servants should be Called over from their work Especially seing ther is no violence Lybelled against any of them But their names insert in the libell at Randim And Therfore Humbly Craveing the saids Lords to allow two or three of the saids defenders To Compeir in name of the rest before the saids Lords and propone their defences, They being Lyable to produce the rest of the defenders to undergoe such sentance as the saids Lords should pronunce in the matter abovewritten and in the mean time The saids Lords would dispence with the remanent defenders their Compeirance as the petitione bears The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above Patrick Smith, They heirby allow the petitioner and David Smith his brother german and any other heritor or responsall tennants Called in the above letters To Compeir in place of the haill defenders called theirin The persones allowed to Compeir allways sisting themselves and becomeing Lyable for them selves and the haill other defenders that they and everie one of them shall obtempors and fulfill the sentance of Councill Which shall be pronunced against them in the above Lybell.

Edinburgh the tuentie day of February Jaj vjc nyntie four years

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Act

Act Patrick Smith of Methven

Anent a Petitione given in to the Lords of their Majesties privy Councill be Patrick Smith of Methven Shewing That quher ther being letters directed for citeing the petitioner his brother and a great many tennants and servants, To Compeir before the saids Lords for ane alledged ryot Comitted by them in detaineing the keyes of the Church door of Methven from Mr Alexander Doning who pretended a warrand from the presbytrie of Pearth to preach ther And it now being the time of Labouring and sewing the ground It would be highly prejudiciall to the poor tenants if they and their servants should be Called over from their work Especially seing ther is no violence Lybelled against any of them But their names insert in the libell at Randim And Therfore Humbly Craveing the saids Lords to allow two or three of the saids defenders To Compeir in name of the rest before the saids Lords and propone their defences, They being Lyable to produce the rest of the defenders to undergoe such sentance as the saids Lords should pronunce in the matter abovewritten and in the mean time The saids Lords would dispence with the remanent defenders their Compeirance as the petitione bears The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above Patrick Smith, They heirby allow the petitioner and David Smith his brother german and any other heritor or responsall tennants Called in the above letters To Compeir in place of the haill defenders called theirin The persones allowed to Compeir allways sisting themselves and becomeing Lyable for them selves and the haill other defenders that they and everie one of them shall obtempors and fulfill the sentance of Councill Which shall be pronunced against them in the above Lybell.

1. NRS, PC2/24, 341r-341v.

1. NRS, PC2/24, 341r-341v.

Act, 20 February 1694, Edinburgh

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Edinburgh the tuentie day of February Jaj vjc nyntie four years

D1694/2/251

Act

Act Mr William Crafurd

Anent a Petitione given in to the Lords of their majesties privy Councill be Mr William Crafurd Minister at Ladykirk Shewing That quher the 2 saids Lords did formerly allow the petitioner to uplift the stipend of the parish of Ladykirk as the act of Councill of the date at Edinburgh the Threttie day of Jully Jaj vjc nyntie one years therwith produced would testifie yet nevertheless severall persones Lyable in payment Refusses to answer the petitioner upon this frivilous pretence that the petitioner is not qualified according to law, notwithstanding that the petitioner is and allwayes hath been willing to take and subscryve the oath of alledgance and assurance before any persones the said Lords should please to appoint And Therfore Humbly Craveing the saids Lords to renew to the petitioner the forsaid act of Councill, That the petitioner now in his old age of seventie siven years be not redacted to povertie and straits But may have wherwith to mantaine himself and familly as the said petitione bears The Lords of their majesties privy Councill Haveing Considered this petitione given in to them be the above Mr William Crafurd with the act of Councill mentioned therin and produced therwith They heirby as of before by the said former act Doe allow to the petitioner the stipend of the above kirk of Ladykirk for all years and termes bygone the time of the said act, Which is of the date the thretieth day of Jully Jaj vjc nyntie one years and sincesyne and in times comeing untill the Discussing of the appeall mentioned in the said former act and Ordaines the petitioner to be readiely answered obeyed and payed therof Be the heritors fewars lyfrenters titullars tacksmen of teynds tennants possessors and others Lyable in payment of the samen, And Ordaines letters of horning to be direct at the petitioners instance against them for that effect upon productione of a Decreet of Locallitie, And in caise ther be no Decreet of Locallitie Ordaines these Lyable to make payment of their respective proportiones according as the samen shall be decerned be the Judge Ordinar In Respect the petitioner hath taken the oath of alledgance and assurance before 3 one of the saids Lords number.

Edinburgh the tuentie day of February Jaj vjc nyntie four years

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Act

Act Mr William Crafurd

Anent a Petitione given in to the Lords of their majesties privy Councill be Mr William Crafurd Minister at Ladykirk Shewing That quher the 2 saids Lords did formerly allow the petitioner to uplift the stipend of the parish of Ladykirk as the act of Councill of the date at Edinburgh the Threttie day of Jully Jaj vjc nyntie one years therwith produced would testifie yet nevertheless severall persones Lyable in payment Refusses to answer the petitioner upon this frivilous pretence that the petitioner is not qualified according to law, notwithstanding that the petitioner is and allwayes hath been willing to take and subscryve the oath of alledgance and assurance before any persones the said Lords should please to appoint And Therfore Humbly Craveing the saids Lords to renew to the petitioner the forsaid act of Councill, That the petitioner now in his old age of seventie siven years be not redacted to povertie and straits But may have wherwith to mantaine himself and familly as the said petitione bears The Lords of their majesties privy Councill Haveing Considered this petitione given in to them be the above Mr William Crafurd with the act of Councill mentioned therin and produced therwith They heirby as of before by the said former act Doe allow to the petitioner the stipend of the above kirk of Ladykirk for all years and termes bygone the time of the said act, Which is of the date the thretieth day of Jully Jaj vjc nyntie one years and sincesyne and in times comeing untill the Discussing of the appeall mentioned in the said former act and Ordaines the petitioner to be readiely answered obeyed and payed therof Be the heritors fewars lyfrenters titullars tacksmen of teynds tennants possessors and others Lyable in payment of the samen, And Ordaines letters of horning to be direct at the petitioners instance against them for that effect upon productione of a Decreet of Locallitie, And in caise ther be no Decreet of Locallitie Ordaines these Lyable to make payment of their respective proportiones according as the samen shall be decerned be the Judge Ordinar In Respect the petitioner hath taken the oath of alledgance and assurance before 3 one of the saids Lords number.

1. NRS, PC2/24, 340v-341r.

2. The word ‘petitioner’ scored out here.

3. The word ‘some’ scored out here.

1. NRS, PC2/24, 340v-341r.

2. The word ‘petitioner’ scored out here.

3. The word ‘some’ scored out here.

Act, 20 February 1694, Edinburgh

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Edinburgh the tuentie day of February Jaj vjc nyntie four years

D1694/2/241

Act

Act Mr Thomas Blaikwall

Anent a Petitione given in to the Lords of their Majesties privy Councill be Mr Thomas Blackwell student of Divinity Humbly Shewing That quher upon a lybell raised by the Lady Cramond against the petitioner before the saids Lords for his makeing scurillous Lynes upon her by their sentance did banish the petitioner, and ordained him to find Caution to leave the kingdome against the second day of February instant, Though the petitioners Cannot reclame against the Justice of the saids Lords sentence he being sufficiently Convinced of the highneouse of his offence, yet he haveing made sincere and humble acknowledgment of his fault by himself and others to the Lady and her frends since the said sentance, She is now convinced that the petitioners offence proceided rather from polutancy and inadvertance then out of a malicious designe against her reputatione and is so generous and Charitable as to forgive the petitioner the said offence as would appear by ane adress given in by the Lady to the saids Lords therewith. And seing the petitioner was a very young man when he Committed the offence, And that the party injured has been pleased to forgive him upon his sincere and serious acknowledgment of the deep sense he has of the sinfulnes of that actione, And that the petitioner is very poor and that banishment will be very grivious to him he haveing no way of Livelyhood out of his native Country, And Therfore Humbly Craveing the saids Lords to Compassionat the petitioners miserable case and to pity his conditione and to take such wayes and methods as the Lords should think Just for takeing of the said sentence As the petition bears. The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above Mr Thomas Blackwall and another petitione be the Lady Cramond Consenting that the sentence be taken off. They heirby take of the forsaid sentance of Banishment pronunced be their Lordships against the said Mr Thomas Blackwell And Decloures him to be alse free therof any other of their majesties Leidges notwithstanding of the said sentance of Banishment and as if the samen had never been given nor pronunced against him, And allowes the Clerk of Councill to give up any bond or oblisment given by the said Mr Thomas or his Cautioner for fullfilling or observing the termes of the said sentance.

Edinburgh the tuentie day of February Jaj vjc nyntie four years

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Act

Act Mr Thomas Blaikwall

Anent a Petitione given in to the Lords of their Majesties privy Councill be Mr Thomas Blackwell student of Divinity Humbly Shewing That quher upon a lybell raised by the Lady Cramond against the petitioner before the saids Lords for his makeing scurillous Lynes upon her by their sentance did banish the petitioner, and ordained him to find Caution to leave the kingdome against the second day of February instant, Though the petitioners Cannot reclame against the Justice of the saids Lords sentence he being sufficiently Convinced of the highneouse of his offence, yet he haveing made sincere and humble acknowledgment of his fault by himself and others to the Lady and her frends since the said sentance, She is now convinced that the petitioners offence proceided rather from polutancy and inadvertance then out of a malicious designe against her reputatione and is so generous and Charitable as to forgive the petitioner the said offence as would appear by ane adress given in by the Lady to the saids Lords therewith. And seing the petitioner was a very young man when he Committed the offence, And that the party injured has been pleased to forgive him upon his sincere and serious acknowledgment of the deep sense he has of the sinfulnes of that actione, And that the petitioner is very poor and that banishment will be very grivious to him he haveing no way of Livelyhood out of his native Country, And Therfore Humbly Craveing the saids Lords to Compassionat the petitioners miserable case and to pity his conditione and to take such wayes and methods as the Lords should think Just for takeing of the said sentence As the petition bears. The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above Mr Thomas Blackwall and another petitione be the Lady Cramond Consenting that the sentence be taken off. They heirby take of the forsaid sentance of Banishment pronunced be their Lordships against the said Mr Thomas Blackwell And Decloures him to be alse free therof any other of their majesties Leidges notwithstanding of the said sentance of Banishment and as if the samen had never been given nor pronunced against him, And allowes the Clerk of Councill to give up any bond or oblisment given by the said Mr Thomas or his Cautioner for fullfilling or observing the termes of the said sentance.

1. NRS, PC2/24, 339v-340r.

1. NRS, PC2/24, 339v-340r.