Tag Archives: January

Act, 11 January 1698, Edinburgh

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Att Edinburgh the Elevinth day of Janwary Jaj vic nyntie eight yeirs

D1698/1/91

Act

Act Count Lessly

Anent the petitione given in to the Lords of his majestie privie Counsell be Patrick Cownt Lessly Shewing That wher the petitioner haveing obtained ane Decreit at his instance befor The Commissioners of Justiciarie for the Northerne district against James Donaldsone younger merchand in Elgine Decerning and ordaineing him to make payment to the petitioner of the Soume of Four Hwndereth and […] pwnds Scotts money as the price of ane horse Stollen from the petitioner in the moneth of Jwlly Last And alsoe in Satisfactione of the expenss and Dammadge expended and Sustained by the petitioner in recovering the said horse who was fownd in custodie of the said James Donaldsone And the petitioner haveing by vertue of the said decreit caused chairge the said James Donaldsone to make payment of the said Soume he hath presented a bill of Suspensione upon certaine frivolows and callwmmows reasones And which bill was ordained by ther Lordships interloquitor to have bein sein and ansuered by the petitioner But he not being upon the place himself and his procurators not being Sufficiently instrwcted in the said mater they delayed to give in answers till the petitioner Should be acqwainted But befor his return could be back at Edinburgh ther Lordships were pleased to pass the bill upon Sufficient Cautione And ther being no Cawtione yet fownd and this Suspensione being only intended to frustrat and delay the petitioners payment who is content Sumarly to discuss the reasones therof And Seing the petitioner hes reasone to beleeve that the decreit is not extracted Conforme to the warrands and that Severall depositiones are omited therin And that the prodwctione of the warrands would cleare the whole mater to ther Lordships And therfore humbly craveing ther Lordships to Stopp all furder expedny of the said Suspensione and to allow the petitioners answers to the reasones therof to be yet given in that soe the reasones may be discust on the bill And that the whole mater may be Laid open befor ther Lordships to grant warrand for citeing […]Donaldsone clerk to the process for exhibiteing in ther Lordships clerks hands the warrands and grownds of the said decreit As the said petitione bears The saids Lords of his majesties privie Cownsell haveing considered the above petitione They heirby ordaine […] Donaldsone clerk to the Commissioners of Justiciary for the northerne district to exhibite and prodwce in the hands of the clerks of the privie Counsell the haill grownds warrands and minwts of the Decreit obtained at the instance of Cownt Lessly petitioner against James Donaldsone And that wpon the tenth day of Febrwary next to come And allowes Letters of dilligence to be direct heiron to the effect foirsaid and assignes the said tenth Day of Febrwary next to come to the petitioner and the said James Donaldsone Suspender to debate the reasones in the said bill of Suspensione and appoints them to have ther Lawwers readie at the Cownsell barr and to debaite as said is at the day forsaid And in the mean tyme Stopps the giveing owt of the Suspensione alreadie past at the Suspenders instance against the chairger upon the decreit charged on

Att Edinburgh the Elevinth day of Janwary Jaj vic nyntie eight yeirs

D1698/1/91

Act

Act Count Lessly

Anent the petitione given in to the Lords of his majestie privie Counsell be Patrick Cownt Lessly Shewing That wher the petitioner haveing obtained ane Decreit at his instance befor The Commissioners of Justiciarie for the Northerne district against James Donaldsone younger merchand in Elgine Decerning and ordaineing him to make payment to the petitioner of the Soume of Four Hwndereth and […] pwnds Scotts money as the price of ane horse Stollen from the petitioner in the moneth of Jwlly Last And alsoe in Satisfactione of the expenss and Dammadge expended and Sustained by the petitioner in recovering the said horse who was fownd in custodie of the said James Donaldsone And the petitioner haveing by vertue of the said decreit caused chairge the said James Donaldsone to make payment of the said Soume he hath presented a bill of Suspensione upon certaine frivolows and callwmmows reasones And which bill was ordained by ther Lordships interloquitor to have bein sein and ansuered by the petitioner But he not being upon the place himself and his procurators not being Sufficiently instrwcted in the said mater they delayed to give in answers till the petitioner Should be acqwainted But befor his return could be back at Edinburgh ther Lordships were pleased to pass the bill upon Sufficient Cautione And ther being no Cawtione yet fownd and this Suspensione being only intended to frustrat and delay the petitioners payment who is content Sumarly to discuss the reasones therof And Seing the petitioner hes reasone to beleeve that the decreit is not extracted Conforme to the warrands and that Severall depositiones are omited therin And that the prodwctione of the warrands would cleare the whole mater to ther Lordships And therfore humbly craveing ther Lordships to Stopp all furder expedny of the said Suspensione and to allow the petitioners answers to the reasones therof to be yet given in that soe the reasones may be discust on the bill And that the whole mater may be Laid open befor ther Lordships to grant warrand for citeing […]Donaldsone clerk to the process for exhibiteing in ther Lordships clerks hands the warrands and grownds of the said decreit As the said petitione bears The saids Lords of his majesties privie Cownsell haveing considered the above petitione They heirby ordaine […] Donaldsone clerk to the Commissioners of Justiciary for the northerne district to exhibite and prodwce in the hands of the clerks of the privie Counsell the haill grownds warrands and minwts of the Decreit obtained at the instance of Cownt Lessly petitioner against James Donaldsone And that wpon the tenth day of Febrwary next to come And allowes Letters of dilligence to be direct heiron to the effect foirsaid and assignes the said tenth Day of Febrwary next to come to the petitioner and the said James Donaldsone Suspender to debate the reasones in the said bill of Suspensione and appoints them to have ther Lawwers readie at the Cownsell barr and to debaite as said is at the day forsaid And in the mean tyme Stopps the giveing owt of the Suspensione alreadie past at the Suspenders instance against the chairger upon the decreit charged on

1. NRS, PC2/27, 70r-71r.

1. NRS, PC2/27, 70r-71r.

Sederunt, 11 January 1698, Edinburgh

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Att Edinburgh the Elevinth day of Janwary Jaj vic nyntie eight yeirs1

D1698/1/82

Sederunt

Lord Chancellor; Earl of Mellvill; Viscount Tiviot; Lord Montgomry; Lord Raith; Lord Forbes; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Laird of Pollock; Laird of Leyes; Laird of Stevensone

Att Edinburgh the Elevinth day of Janwary Jaj vic nyntie eight yeirs1

D1698/1/82

Sederunt

Lord Chancellor; Earl of Mellvill; Viscount Tiviot; Lord Montgomry; Lord Raith; Lord Forbes; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Laird of Pollock; Laird of Leyes; Laird of Stevensone

1. NRS, PC2/27, 70r.

2. NRS, PC2/27, 69r-70r.

1. NRS, PC2/27, 70r.

2. NRS, PC2/27, 69r-70r.

Procedure, 6 January 1698, Edinburgh

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Att Edinburgh the Sixth day of Janwary Jaj vic nyntie Eight yeirs

D1698/1/71

Procedure

Approbatione of the report of Captain Dowglas

The Cownsell haveing considered the report of a Comitie of ther own number appointed to sie accompts cleared Betwixt Captaine Dowglas and the other Captains of Collonell Dowglasses regiment and the tentmakers wherof the tenor followes Edinburgh threttie ane of december Jaj vic nyntie seven sederunt Earles of Bwchan and Leven Lord Carmichaell Lairds of Grant and Blackbarrony Lord Carmichaell elected preses The Comitie haveing called Captaine Dowglas and the other Captains of Collonell Dowglasses regiment befor them in order to cleare accompts with Captaine Douglas dureing the tyme of his being agent to the regiment The Comitie make ther report as folloues viz That haveing gone through all the articles of Captain Skeens accompts Captaine Dowglas did cleare them all befor the Comitie except ane article of fowr pwnds twelve Shilling Sterleing for a tent which Captaine Douglas had Stated upon him and which he never receaved Which article Captaine Douglas did thws cleare Viz Captaine Skeene was debitor to him in one pwnd four pence Sterleing per balance of his accompt which Captaine Douglas did allow to him pro tanto and give him his parroll for payment of the Superlus of the tent Which Captaine Skeen did accept of as payment and declaired in face of Comitie that he was Satisfied therwith And Likewise two pwnd Sterleing more resting to Captaine Skeen for which he tooke Captaine Dowglass his parroll befor the Comitie And haveing called Captaine Graham The Comitie saw him cleare accompts with Captaine Dowglas And the Comitie finds that he is debitor to Captaine Dowglass in four pwnds threttein Shilling and half Shilling Sterleing money And haveing called Captaine dempster They find efter cleareing of accompts that Dempster is debitor to Douglas in Four pwnds Sterleing which Captaine Skeene hes accepted in payment of what more is resting be Captaine Dowglas to him then up above Stated And haveing called Captaine Campbell and Captaine Hay They declaired that whatever was betwixt them and Captaine Dowglas they could cleare the Same amongst them selves without pwtting the Comitie to trouble and would pay whatever Should be resting be aither to wther and Captaine Baillie being called and absent through indispositione The Comitie called for the tentmakers to whom Captaine Dowglas offered to give a furder right to any other of the thesaurers precepts and they offered to give up ther Captione against him And to give him a Supercedere till Michaelmiss next to come which The Comitie appointed aither pairtie to performe And each of the saids Captains haveing acknolwedged that they are payed for ther own Serjeants and that Captaine Dowglas is not to be burdened with them The Comitie declairs him frie of compting to the serjeants And finds that Captaine Dowglas hes made no imbazlements to the saids Captains But that upon the contraire Severalls of them are his debitors And therfor they Signed ane order of the date heirof for Captaine Dowglas his Liberatione The Lords of his majesties privie Cownsell Doe heirby approve of the said report

Att Edinburgh the Sixth day of Janwary Jaj vic nyntie Eight yeirs

D1698/1/71

Procedure

Approbatione of the report of Captain Dowglas

The Cownsell haveing considered the report of a Comitie of ther own number appointed to sie accompts cleared Betwixt Captaine Dowglas and the other Captains of Collonell Dowglasses regiment and the tentmakers wherof the tenor followes Edinburgh threttie ane of december Jaj vic nyntie seven sederunt Earles of Bwchan and Leven Lord Carmichaell Lairds of Grant and Blackbarrony Lord Carmichaell elected preses The Comitie haveing called Captaine Dowglas and the other Captains of Collonell Dowglasses regiment befor them in order to cleare accompts with Captaine Douglas dureing the tyme of his being agent to the regiment The Comitie make ther report as folloues viz That haveing gone through all the articles of Captain Skeens accompts Captaine Dowglas did cleare them all befor the Comitie except ane article of fowr pwnds twelve Shilling Sterleing for a tent which Captaine Douglas had Stated upon him and which he never receaved Which article Captaine Douglas did thws cleare Viz Captaine Skeene was debitor to him in one pwnd four pence Sterleing per balance of his accompt which Captaine Douglas did allow to him pro tanto and give him his parroll for payment of the Superlus of the tent Which Captaine Skeen did accept of as payment and declaired in face of Comitie that he was Satisfied therwith And Likewise two pwnd Sterleing more resting to Captaine Skeen for which he tooke Captaine Dowglass his parroll befor the Comitie And haveing called Captaine Graham The Comitie saw him cleare accompts with Captaine Dowglas And the Comitie finds that he is debitor to Captaine Dowglass in four pwnds threttein Shilling and half Shilling Sterleing money And haveing called Captaine dempster They find efter cleareing of accompts that Dempster is debitor to Douglas in Four pwnds Sterleing which Captaine Skeene hes accepted in payment of what more is resting be Captaine Dowglas to him then up above Stated And haveing called Captaine Campbell and Captaine Hay They declaired that whatever was betwixt them and Captaine Dowglas they could cleare the Same amongst them selves without pwtting the Comitie to trouble and would pay whatever Should be resting be aither to wther and Captaine Baillie being called and absent through indispositione The Comitie called for the tentmakers to whom Captaine Dowglas offered to give a furder right to any other of the thesaurers precepts and they offered to give up ther Captione against him And to give him a Supercedere till Michaelmiss next to come which The Comitie appointed aither pairtie to performe And each of the saids Captains haveing acknolwedged that they are payed for ther own Serjeants and that Captaine Dowglas is not to be burdened with them The Comitie declairs him frie of compting to the serjeants And finds that Captaine Dowglas hes made no imbazlements to the saids Captains But that upon the contraire Severalls of them are his debitors And therfor they Signed ane order of the date heirof for Captaine Dowglas his Liberatione The Lords of his majesties privie Cownsell Doe heirby approve of the said report

1. NRS, PC2/27, 69r-70r.

1. NRS, PC2/27, 69r-70r.

Procedure, 6 January 1698, Edinburgh

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Att Edinburgh the Sixth day of Janwary Jaj vic nyntie Eight yeirs

D1698/1/61

Procedure

Bill of Suspensione Donaldone against Count Lessly

Bill of Suspensione Donaldsone against Cownt Lessly past in presentia and Laid among past bills

Att Edinburgh the Sixth day of Janwary Jaj vic nyntie Eight yeirs

D1698/1/61

Procedure

Bill of Suspensione Donaldone against Count Lessly

Bill of Suspensione Donaldsone against Cownt Lessly past in presentia and Laid among past bills

1. NRS, PC2/27, 69r.

1. NRS, PC2/27, 69r.

Sederunt, 6 January 1698, Edinburgh

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Att Edinburgh the Sixth day of Janwary Jaj vic nyntie Eight yeirs1

D1698/1/52

Sederunt

Lord Chancellor; Earl of Mellvill; Marquis of Tweedale; Earl of Southerland; Earl of Marr; Earl of Lawderdale; Earl of Lowdowne; Earl of Leven; Earl of Annandale; Earl of Rwglen; Viscount Tarbat; Lord Montgomery; Lord Belhaven; Lord Carmichael; Lord Advocat; Lord Philliphaugh; Lord Anstruther; Lord Rankeillor; Laird of Grant; Laird of Pollock; Laird of Blackbarrony; Laird of Leyes; Laird of Stevensone; Proveist of Edinburgh

Att Edinburgh the Sixth day of Janwary Jaj vic nyntie Eight yeirs1

D1698/1/52

Sederunt

Lord Chancellor; Earl of Mellvill; Marquis of Tweedale; Earl of Southerland; Earl of Marr; Earl of Lawderdale; Earl of Lowdowne; Earl of Leven; Earl of Annandale; Earl of Rwglen; Viscount Tarbat; Lord Montgomery; Lord Belhaven; Lord Carmichael; Lord Advocat; Lord Philliphaugh; Lord Anstruther; Lord Rankeillor; Laird of Grant; Laird of Pollock; Laird of Blackbarrony; Laird of Leyes; Laird of Stevensone; Proveist of Edinburgh

1. NRS, PC2/27, 69r.

2. NRS, PC2/27, 69r.

1. NRS, PC2/27, 69r.

2. NRS, PC2/27, 69r.

Judicial Proceeding, 4 January 1698, Edinburgh

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Att Edinburgh the fourth day of Janwarie Jaj vic nyntie eight yeirs

D1698/1/41

Judicial Proceeding

Certificatione Dempster and Baine Against Earle of Seaforth etc

The Lybell at the instance of Sir James Dempster of Pitliver John Baine yownger of Twlloch and others against The Earle of Seaforth Maister William Baillie of Pittlundie Simeon Mckeinzie portioner of Logie Rorie Mckeinzie Sone to Kenneth Mckeinzie portioner of Dallmanock John Forsyth Servitor to The said Earle of Seaforth and Donald Moriesone Staibler in Chanrie Being this day Called in presence of The Lords of his majesties privie Counsell and both the persewars Compeareing personallie with Sir James Stewart his majesties Advocat Sir Patrick Home his majesties Sollicitor Sir David Thores maister Hewgh Dallrimple and maister David Cwninghame Ther advocats And the said Earle of Seaforth and haill other defenders being all Laufullie cited oft tymes called and not Compeareing The Lords of his majesties privie Counsell doe heirby grant certificatione against the haill foirnamed defenders in respect of ther absence and not compeareance And ordaines Letters of denunceatione to be Direct to Messingers at armes Commanding them to pass to the mercat cross of […] And other places neidfull And ther in his majesties name and authoritie duely Laufullie and orderly to denunce the said Earle and haill other persones above named his majesties rebells and pwtt them to his highnes horne And to ordaine all ther moveable goods and geir to be escheat and inbrought to his majesties wse for ther contempt and disobedience And recomends to John Lord Carmichael Commander in cheiff of his majesties forces within this Kingdome to give assistance to the persewars of this process in pwtting the Letters of denunceatione Captione and other dilligence to be raised therupon to Speedie executione by furnishing to them Sufficient 2 pairties of his majesties forces for Doeing therof

Att Edinburgh the fourth day of Janwarie Jaj vic nyntie eight yeirs

D1698/1/41

Judicial Proceeding

Certificatione Dempster and Baine Against Earle of Seaforth etc

The Lybell at the instance of Sir James Dempster of Pitliver John Baine yownger of Twlloch and others against The Earle of Seaforth Maister William Baillie of Pittlundie Simeon Mckeinzie portioner of Logie Rorie Mckeinzie Sone to Kenneth Mckeinzie portioner of Dallmanock John Forsyth Servitor to The said Earle of Seaforth and Donald Moriesone Staibler in Chanrie Being this day Called in presence of The Lords of his majesties privie Counsell and both the persewars Compeareing personallie with Sir James Stewart his majesties Advocat Sir Patrick Home his majesties Sollicitor Sir David Thores maister Hewgh Dallrimple and maister David Cwninghame Ther advocats And the said Earle of Seaforth and haill other defenders being all Laufullie cited oft tymes called and not Compeareing The Lords of his majesties privie Counsell doe heirby grant certificatione against the haill foirnamed defenders in respect of ther absence and not compeareance And ordaines Letters of denunceatione to be Direct to Messingers at armes Commanding them to pass to the mercat cross of […] And other places neidfull And ther in his majesties name and authoritie duely Laufullie and orderly to denunce the said Earle and haill other persones above named his majesties rebells and pwtt them to his highnes horne And to ordaine all ther moveable goods and geir to be escheat and inbrought to his majesties wse for ther contempt and disobedience And recomends to John Lord Carmichael Commander in cheiff of his majesties forces within this Kingdome to give assistance to the persewars of this process in pwtting the Letters of denunceatione Captione and other dilligence to be raised therupon to Speedie executione by furnishing to them Sufficient 2 pairties of his majesties forces for Doeing therof

1. NRS, PC2/27, 68v-69r.

2. The word ‘gairds’ scored out here.

1. NRS, PC2/27, 68v-69r.

2. The word ‘gairds’ scored out here.

Act, 4 January 1698, Edinburgh

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Att Edinburgh the fourth day of Janwarie Jaj vic nyntie eight yeirs

D1698/1/31

Act

Act Dempster and Tullochs witnesses

Anent the petitione given in to The Lords of his majesties privie Cownsell be David Mcculloch Baillie of Fortrose Patrick Lamb Donald Davisone and Kenneth Mckeinzie burgesses ther and John Frazer Chamberland to The Laird of Gareloch Shewing that ther Lordships petitioners being cited to Compear befor ther Lordships as witnesses in the criminall actione raised and persued at the instance of Sir John Dempster of Pitliver John Baine younger of Tulloch and Sir James Stewart his majesties advocat for his highnes interest befor ther Lordships against Kenneth Earle of Seaforth Mr William Baillie of Pittlundie Mr Simon Mckeinzie portioner of Logie and others defenders therin named In obedience wherinto they travelled from the said burgh of Fortross the place of ther residence which is above Sevenscore mylls distant from this place besydes Severall ferries and many waters and come here in this most tempestwows Season efter a Long and tediows Journey for the Space of ten dayes to the hazard of ther Lives and have bein Severall dayes waiting ther Lordships Dyet And now understanding that the defenders contumaciowselie absent themselvs from appeiring befor ther Lordships to answer to the said actione so that ther will be no wse for ther furder attendance and they haveing bein at great and considerable chairges in comeing here and mentaining themselvs ther horses and sevants besyde the Loss of ther tyme and ther imployment and other affairs at home And that it will requyre a considerable tyme and great chairges to returne home so that in all from the tyme of ther first setting out and ther attendance here and ther returneing home ther cannot be Less compted then full threttie dayes and everie one of them being horsemen And therfore humbly craveing ther Lordships to take the premisses to ther consideratione and allow the petitioners to returne home and in the mean tyme to modifie considerable charges and expenses to them for ther travell Loss and attendance foirsaid and to decerne and ordaine the saids persewers instantly to pay and advance the same to them befor they can remove from this place and to pay So much daylie to them as ther Lordships Shall think fitt Dureing ther not payment therof Reserveing ther releiff against the defenders as accords of the Law As the said petition bears Which being this day read and considered be the saids Lords of his majesties privie Counsell They doe heirby modifie and allow to the petitioners sixtein Shilling Scotts of expensses per diem in respect they are all horsemen from the twentie fifth day of December Last to the Sixtein of Janwary instant inclwsive and decernes and ordaines the said Sir John Dempster and John Baine to make payment to the saids pteitioners of the saids expensses Reserving to them ther releiff against the said Earle and other defenders of the saids expensses And ordaines Letters of horneing on twentie four houres charge to be direct heirupon and others upon the premisses in forme as effeirs

Att Edinburgh the fourth day of Janwarie Jaj vic nyntie eight yeirs

D1698/1/31

Act

Act Dempster and Tullochs witnesses

Anent the petitione given in to The Lords of his majesties privie Cownsell be David Mcculloch Baillie of Fortrose Patrick Lamb Donald Davisone and Kenneth Mckeinzie burgesses ther and John Frazer Chamberland to The Laird of Gareloch Shewing that ther Lordships petitioners being cited to Compear befor ther Lordships as witnesses in the criminall actione raised and persued at the instance of Sir John Dempster of Pitliver John Baine younger of Tulloch and Sir James Stewart his majesties advocat for his highnes interest befor ther Lordships against Kenneth Earle of Seaforth Mr William Baillie of Pittlundie Mr Simon Mckeinzie portioner of Logie and others defenders therin named In obedience wherinto they travelled from the said burgh of Fortross the place of ther residence which is above Sevenscore mylls distant from this place besydes Severall ferries and many waters and come here in this most tempestwows Season efter a Long and tediows Journey for the Space of ten dayes to the hazard of ther Lives and have bein Severall dayes waiting ther Lordships Dyet And now understanding that the defenders contumaciowselie absent themselvs from appeiring befor ther Lordships to answer to the said actione so that ther will be no wse for ther furder attendance and they haveing bein at great and considerable chairges in comeing here and mentaining themselvs ther horses and sevants besyde the Loss of ther tyme and ther imployment and other affairs at home And that it will requyre a considerable tyme and great chairges to returne home so that in all from the tyme of ther first setting out and ther attendance here and ther returneing home ther cannot be Less compted then full threttie dayes and everie one of them being horsemen And therfore humbly craveing ther Lordships to take the premisses to ther consideratione and allow the petitioners to returne home and in the mean tyme to modifie considerable charges and expenses to them for ther travell Loss and attendance foirsaid and to decerne and ordaine the saids persewers instantly to pay and advance the same to them befor they can remove from this place and to pay So much daylie to them as ther Lordships Shall think fitt Dureing ther not payment therof Reserveing ther releiff against the defenders as accords of the Law As the said petition bears Which being this day read and considered be the saids Lords of his majesties privie Counsell They doe heirby modifie and allow to the petitioners sixtein Shilling Scotts of expensses per diem in respect they are all horsemen from the twentie fifth day of December Last to the Sixtein of Janwary instant inclwsive and decernes and ordaines the said Sir John Dempster and John Baine to make payment to the saids pteitioners of the saids expensses Reserving to them ther releiff against the said Earle and other defenders of the saids expensses And ordaines Letters of horneing on twentie four houres charge to be direct heirupon and others upon the premisses in forme as effeirs

1. NRS, PC2/27, 67v-68v.

1. NRS, PC2/27, 67v-68v.

Act, 4 January 1698, Edinburgh

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Att Edinburgh the fourth day of Janwarie Jaj vic nyntie eight yeirs

D1698/1/21

Act

Act James Broune

Anent the petitione given in to The Lords of his majesties privie Cownsell be James Browne Sone to Patrick Browne in Ythsie Shewing That wher of Late the petitioner presented a petitione to ther Lordships which to his heavie regrate proved displeaseing and his most dwetiefwll and humble intentiones frustrat by the expressiones therin which made ther Lordships upon readeing the said petitione and Foveraigne his answers Gave no returne therto But graceowsely allowed the petitioner to apply in other termes The petitioner does now most humbly beg of ther Lordships to accept of what excues he must Sincerely offer and grant him pardon for what the Sense of the hard measures he hes mett with from Foverane and the unsufficiencie of his own Styll did make him express himself for The petitioner is enewgh sensible of ther Lordships Justice and in nowise reclame against it But must own all the hardshipes he hes mett with to the meanes of his circumstances that alloued him not the meanes of representing to ther Lordships the mater of fact in Swch ane impartiall way As that therby ther Lordships might have proceeded from the begining in his regards what from ther Lordships Justice he could have expected What was his misfortwne had to Foverane the opposite effects who nether wanted money nor authoritie for getting represented to ther Lordships by experienced Lawiers what his inflwence upon the wnjust informers made them bewray in ther depositiones And therby Keeped ther Lordships from the trwe knowledge of the measures the petitioners hes mett with by Foverane of which he then craved redress from ther Lordships Justice He Shall not now presume of new to make representationes therof to ther Lordships But only to begg ther Lordships would consider Foverain his procedoure in what ther Lordships informed him by ther interloquitor of the date the twentie Seventh of Jwllie Jaj vic nyntie Seven and the callumniousenes and captiowsenes of his answers to the petitioners Last petitione It was ther Lordships pleasure and Command by the above narrated interloqwitor that he Should repaire to Aberdein and ther against the first day of november Last fitt and cleare all his accompts with the said Foverane befor the Shirreff deput of that Shyre And ordaine Foverane to compeare befor him and give in his charge and instructiones therof as the petitioner allwayes wished for Such ane opportwnitie for evidenceing to ther Lordships and the world his honestie and integritie and the hard measures he hes mett with from Foveranes injust informationes so he most heartielie imbraced all the advantadges ther Lordships interloqwitor he knew would procure to him And for that end verie earelie applied to the Shirreff deput intimat to him ther Lordships orders And craved from him obedience therto which he readielie acwiesced in And requyred of Foverane transcripts of all his books and papers for that effect As ther Lordships interloqwitor prescribed The Shirreff deputs obedience to ther Lordships order was of no small trouble to him efter fourtein different Dyets Foverane never yet Compeared and was backward in the productione of papers and books Switeable to the convictione he behoved to have himself and will appear the petitioner hopes to ther Lordships or those ther Lordships will please injoine furder to inspect his accompts that the petitioner was neither cheatt nor imbazle2 but a faithfull servant treated and rewarded in the hardest maner When in end the books were prodwced and Foveranes charge given in the petitioners dischairge came up therto Save about twentie pund Scotts of balance instrwcted Scripto as Foveranes chairge was upon which the petitioner requyred the said Shirreff to pronunce Sentance and to determine and theron took instruments As the Shirreffs report and instrument will instrwct By which ther Lordships may perceave the petitioners forwardnes and Foverains backwardnes and may Judge accordingly how the petitioner hes acted as the innocent and how the convicted in conscience the callummownes of Foverans petitione as by way of ansuer appears in positive asserting that the Shirreff determined not in respect he could not force witnesses and pairties to depone while the true reasone was that Foverane never compeared to any of his dyets thowgh most of them were granted upon his importatione and promises of appeareing As in the Shirreff his answer to the petitioners protestatione (requyreing him to determine) evidently appears And for the verifieing of these the petitioner oppones the Shirreffs Last interloqwitor And for prooff of Foveranes fracteciowsenes to ther Lordships order all allongst the petitioner oppones the Shirreffs whole report in ther Lordships clerks hands The petitioner beggs Leave of ther Lordships furder to add that Foverane in his answers appears both calluminows and malicious in argweing a convictione of the gwilt the petitioner is Loaded with as a cheatt and imbazler of his means in the trwst he had by haveing bein in conditione to intent process befor ther Lordships and pay advocats and clerks Liberallie when the petitioner had not Sixpence when he came to his fathers Service Trwe it is that the hardships the petitioner mett with from Foveran the Stain he Lay wnder from his deallings to him and expressiones of him made the petitioner address to ther Lordships as the mean of cleareing his reputatione (The great all to a poor man) and the recovering of what many papers chists cloaths and other things he was Spoilled off Bot what Lenth his money could reach his Subsistance and clerks the petitioner owes more then to any money he had yet it is knowen he is of honest parentadge and of Swch conditione that he wanted not a Stook Switeing his Statione imployed on corns Cattell and other Countrey merchandize when he came to Foverans fathers house But Sure the petitioner is now he is not soe and besides his old parents Swnk with greiff and worsted in ther means by Sustaining of him It is as captiows soe disinginwowsly inconsistent in Foverane by his ansuers to Speak bigg of his Liberalities to advocats etc and yet to improve to the petitioners great regrate the expressiones in his petitione conceaved by himself with the assistance of some writers Lads And ther by Laid open to all the Jwst censures which ignorance in choise of expressiones occasiones wheras if the petitioner had money to imploy advocats he Should have bein Secure from these wnvolwntary faults in his Last petitione The petitioner is hopefull from Foverane his whole procedoure against him it will appear to ther Lordships how hardlie he hes wsed the petitioner yet not had it in his power to prove him perfidiows and treacherows a theiffe a pickerer designed in his Last answers And therfore humbly craveing ther Lordships to take into ther consideratione his State and conditione from the hardships he hes mett with By Foverane his first Seazeing of his persone papers and meanes to the consumptione of his Small Stock from Subsisting himself by two yeirs Space in this place without and within prisone the Sentance of banishment from the Shyre of Aberdeen wher the means of Livelihood lyes and wherby the petitioner is rendered wncapable of assisting his old parents the Jwst objects of ther Lorships Comiseratione and how that his money chist and cloathes are yet Still detained by Foverane and what is hardest of all his repwtatione of honestie Stained and compassione take off Sentance of banishment from the shyre of Aberdein and ordaine Foverane to compt and reckon with the petitioner befor any number of ther Lordships or the Lords of Sessione As ther Lordships Shall sie fitt to be discust Summarlie Seing the petitioner is not able to prosecute a compt and reckning befor The Lords of Session as accords while that upon the Shirreffs report The Lords will discwss the compt and reckning in ane houres tyme And to ordaine the Shirreff deput of Aberdeen to transmit all the books and papers relative to the Said compt and reckning now in the clerks hands To ordaine ther Lordships clerks to deliver up to the petitioner his dispositione with the other papers relative therto with the Shirreff of Aberdeen his report and all other papers the petitioner hes consigned in ther Lordships clerks hands for instrwcting of his petitione to assoillzea him from his fyne And to ordaine Foverane to delyver up to the petitioner his chists and money he tooke owt of them wnder the name of consignatione with his cloathes and other necessaries he retaines of his and to be comptable for swch of them as he hes disposed of And Seing the Loss and damnadges the petitioner hes Swstained both Loss and gaine and immergent Losses these two yeirs bygone particularly these he was putt to by the freqwent attendance of the Shirreff of Aberdeens Dyets through Foveranes disobedience order And the expenss the petitioner was at in transcribeing of books and other papers That ther Lordships would be pleased to decerne Foverane in what expenses ther Lordships think Jwst As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Counsell and answers made therto for the Laird of Foverane They doe heirby take off the Sentance of banishment pronunced by them against the said James Browne banishing him from the Shyre of Aberdeen and declairs him qwite therof and frie therfrae in all tyme comeing And allowes the said James to insist in the compt and reckning raised at his instance against The Laird of Foverane befor The Lords of Counsell and Sessione or other Judge ordinar and for that effect appoints the clerks of Counsell to delyver up the Sumonds of Compt and reckning to him and allowes the said James to insist in his compt and reckning befor the saids Lords or any other Judges competent as he thinks fitt via ordinaria or in the Comowne forme and sists all executione against the said James Browne for the fynes imposed upon him untill the event of the compt and reckning and Superceeds to give answer to his other papers lying in the clerks of Counsell ther hands As also as to his chists money and cloathes lying in the clerks of Cownsell ther hands Foveranes hands and refwises that pairt of the petitione as to expensses craved from The Laird of Foverane

Att Edinburgh the fourth day of Janwarie Jaj vic nyntie eight yeirs

D1698/1/21

Act

Act James Broune

Anent the petitione given in to The Lords of his majesties privie Cownsell be James Browne Sone to Patrick Browne in Ythsie Shewing That wher of Late the petitioner presented a petitione to ther Lordships which to his heavie regrate proved displeaseing and his most dwetiefwll and humble intentiones frustrat by the expressiones therin which made ther Lordships upon readeing the said petitione and Foveraigne his answers Gave no returne therto But graceowsely allowed the petitioner to apply in other termes The petitioner does now most humbly beg of ther Lordships to accept of what excues he must Sincerely offer and grant him pardon for what the Sense of the hard measures he hes mett with from Foverane and the unsufficiencie of his own Styll did make him express himself for The petitioner is enewgh sensible of ther Lordships Justice and in nowise reclame against it But must own all the hardshipes he hes mett with to the meanes of his circumstances that alloued him not the meanes of representing to ther Lordships the mater of fact in Swch ane impartiall way As that therby ther Lordships might have proceeded from the begining in his regards what from ther Lordships Justice he could have expected What was his misfortwne had to Foverane the opposite effects who nether wanted money nor authoritie for getting represented to ther Lordships by experienced Lawiers what his inflwence upon the wnjust informers made them bewray in ther depositiones And therby Keeped ther Lordships from the trwe knowledge of the measures the petitioners hes mett with by Foverane of which he then craved redress from ther Lordships Justice He Shall not now presume of new to make representationes therof to ther Lordships But only to begg ther Lordships would consider Foverain his procedoure in what ther Lordships informed him by ther interloquitor of the date the twentie Seventh of Jwllie Jaj vic nyntie Seven and the callumniousenes and captiowsenes of his answers to the petitioners Last petitione It was ther Lordships pleasure and Command by the above narrated interloqwitor that he Should repaire to Aberdein and ther against the first day of november Last fitt and cleare all his accompts with the said Foverane befor the Shirreff deput of that Shyre And ordaine Foverane to compeare befor him and give in his charge and instructiones therof as the petitioner allwayes wished for Such ane opportwnitie for evidenceing to ther Lordships and the world his honestie and integritie and the hard measures he hes mett with from Foveranes injust informationes so he most heartielie imbraced all the advantadges ther Lordships interloqwitor he knew would procure to him And for that end verie earelie applied to the Shirreff deput intimat to him ther Lordships orders And craved from him obedience therto which he readielie acwiesced in And requyred of Foverane transcripts of all his books and papers for that effect As ther Lordships interloqwitor prescribed The Shirreff deputs obedience to ther Lordships order was of no small trouble to him efter fourtein different Dyets Foverane never yet Compeared and was backward in the productione of papers and books Switeable to the convictione he behoved to have himself and will appear the petitioner hopes to ther Lordships or those ther Lordships will please injoine furder to inspect his accompts that the petitioner was neither cheatt nor imbazle2 but a faithfull servant treated and rewarded in the hardest maner When in end the books were prodwced and Foveranes charge given in the petitioners dischairge came up therto Save about twentie pund Scotts of balance instrwcted Scripto as Foveranes chairge was upon which the petitioner requyred the said Shirreff to pronunce Sentance and to determine and theron took instruments As the Shirreffs report and instrument will instrwct By which ther Lordships may perceave the petitioners forwardnes and Foverains backwardnes and may Judge accordingly how the petitioner hes acted as the innocent and how the convicted in conscience the callummownes of Foverans petitione as by way of ansuer appears in positive asserting that the Shirreff determined not in respect he could not force witnesses and pairties to depone while the true reasone was that Foverane never compeared to any of his dyets thowgh most of them were granted upon his importatione and promises of appeareing As in the Shirreff his answer to the petitioners protestatione (requyreing him to determine) evidently appears And for the verifieing of these the petitioner oppones the Shirreffs Last interloqwitor And for prooff of Foveranes fracteciowsenes to ther Lordships order all allongst the petitioner oppones the Shirreffs whole report in ther Lordships clerks hands The petitioner beggs Leave of ther Lordships furder to add that Foverane in his answers appears both calluminows and malicious in argweing a convictione of the gwilt the petitioner is Loaded with as a cheatt and imbazler of his means in the trwst he had by haveing bein in conditione to intent process befor ther Lordships and pay advocats and clerks Liberallie when the petitioner had not Sixpence when he came to his fathers Service Trwe it is that the hardships the petitioner mett with from Foveran the Stain he Lay wnder from his deallings to him and expressiones of him made the petitioner address to ther Lordships as the mean of cleareing his reputatione (The great all to a poor man) and the recovering of what many papers chists cloaths and other things he was Spoilled off Bot what Lenth his money could reach his Subsistance and clerks the petitioner owes more then to any money he had yet it is knowen he is of honest parentadge and of Swch conditione that he wanted not a Stook Switeing his Statione imployed on corns Cattell and other Countrey merchandize when he came to Foverans fathers house But Sure the petitioner is now he is not soe and besides his old parents Swnk with greiff and worsted in ther means by Sustaining of him It is as captiows soe disinginwowsly inconsistent in Foverane by his ansuers to Speak bigg of his Liberalities to advocats etc and yet to improve to the petitioners great regrate the expressiones in his petitione conceaved by himself with the assistance of some writers Lads And ther by Laid open to all the Jwst censures which ignorance in choise of expressiones occasiones wheras if the petitioner had money to imploy advocats he Should have bein Secure from these wnvolwntary faults in his Last petitione The petitioner is hopefull from Foverane his whole procedoure against him it will appear to ther Lordships how hardlie he hes wsed the petitioner yet not had it in his power to prove him perfidiows and treacherows a theiffe a pickerer designed in his Last answers And therfore humbly craveing ther Lordships to take into ther consideratione his State and conditione from the hardships he hes mett with By Foverane his first Seazeing of his persone papers and meanes to the consumptione of his Small Stock from Subsisting himself by two yeirs Space in this place without and within prisone the Sentance of banishment from the Shyre of Aberdeen wher the means of Livelihood lyes and wherby the petitioner is rendered wncapable of assisting his old parents the Jwst objects of ther Lorships Comiseratione and how that his money chist and cloathes are yet Still detained by Foverane and what is hardest of all his repwtatione of honestie Stained and compassione take off Sentance of banishment from the shyre of Aberdein and ordaine Foverane to compt and reckon with the petitioner befor any number of ther Lordships or the Lords of Sessione As ther Lordships Shall sie fitt to be discust Summarlie Seing the petitioner is not able to prosecute a compt and reckning befor The Lords of Session as accords while that upon the Shirreffs report The Lords will discwss the compt and reckning in ane houres tyme And to ordaine the Shirreff deput of Aberdeen to transmit all the books and papers relative to the Said compt and reckning now in the clerks hands To ordaine ther Lordships clerks to deliver up to the petitioner his dispositione with the other papers relative therto with the Shirreff of Aberdeen his report and all other papers the petitioner hes consigned in ther Lordships clerks hands for instrwcting of his petitione to assoillzea him from his fyne And to ordaine Foverane to delyver up to the petitioner his chists and money he tooke owt of them wnder the name of consignatione with his cloathes and other necessaries he retaines of his and to be comptable for swch of them as he hes disposed of And Seing the Loss and damnadges the petitioner hes Swstained both Loss and gaine and immergent Losses these two yeirs bygone particularly these he was putt to by the freqwent attendance of the Shirreff of Aberdeens Dyets through Foveranes disobedience order And the expenss the petitioner was at in transcribeing of books and other papers That ther Lordships would be pleased to decerne Foverane in what expenses ther Lordships think Jwst As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Counsell and answers made therto for the Laird of Foverane They doe heirby take off the Sentance of banishment pronunced by them against the said James Browne banishing him from the Shyre of Aberdeen and declairs him qwite therof and frie therfrae in all tyme comeing And allowes the said James to insist in the compt and reckning raised at his instance against The Laird of Foverane befor The Lords of Counsell and Sessione or other Judge ordinar and for that effect appoints the clerks of Counsell to delyver up the Sumonds of Compt and reckning to him and allowes the said James to insist in his compt and reckning befor the saids Lords or any other Judges competent as he thinks fitt via ordinaria or in the Comowne forme and sists all executione against the said James Browne for the fynes imposed upon him untill the event of the compt and reckning and Superceeds to give answer to his other papers lying in the clerks of Counsell ther hands As also as to his chists money and cloathes lying in the clerks of Cownsell ther hands Foveranes hands and refwises that pairt of the petitione as to expensses craved from The Laird of Foverane

1. NRS, PC2/27, 65r-67v.

2. The letter ‘s’ scored out at the end of this word.

1. NRS, PC2/27, 65r-67v.

2. The letter ‘s’ scored out at the end of this word.

Sederunt, 4 January 1698, Edinburgh

Posted on by

Att Edinburgh the fourth day of Janwarie Jaj vic nyntie eight yeirs1

D1698/1/12

Sederunt

Lord Chancellor; Earl of Mellvill; Marquis of Tweedale; Earl of Southerland; Earl of Marr; Earl of Morton; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Rwglen; Viscount Tarbat; Lord Montgomerie; Lord Raith; Lord Forbes; Lord Belhaven; Lord Carmichael; Lord Advocat; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Laird of Grant; Laird of Pollock; Laird of Blackbarrony; Laird of Leyes; Laird of Stevensone; Laird of Cessnock

Att Edinburgh the fourth day of Janwarie Jaj vic nyntie eight yeirs1

D1698/1/12

Sederunt

Lord Chancellor; Earl of Mellvill; Marquis of Tweedale; Earl of Southerland; Earl of Marr; Earl of Morton; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Rwglen; Viscount Tarbat; Lord Montgomerie; Lord Raith; Lord Forbes; Lord Belhaven; Lord Carmichael; Lord Advocat; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Laird of Grant; Laird of Pollock; Laird of Blackbarrony; Laird of Leyes; Laird of Stevensone; Laird of Cessnock

1. NRS, PC2/27, 65r.

2. NRS, PC2/27, 65r.

1. NRS, PC2/27, 65r.

2. NRS, PC2/27, 65r.

Decreet, 28 January 1697, Edinburgh

Posted on by

Att Edinburgh the twentie eight day of Janwarie Jaj vic and nyntie seven yers

D1697/1/161

Decreet

Interloquitor Serjeant Kerr

The Lords of his majesties privie Counsell haveing considered ane act made by ther Lordships of the date the twentie one day of Jullie Jaj vic and nyntie six yeirs allowing the baillies of the Cannogate and keeper of ther tollbwith to sett William Ker sometyme Serjeant in Captaine Lockhart his troupe of Dragownes at Libertie with the said Serjeant Kers consent upon the back of the said act to goe abroad wnder the Command of Leivtenent Waler Lockhart in Major generall Coillzers regiment to serve the King with this provisione that he gett his Libertie Conforme to the said act Since he is only detained for want of money to Satisfie the keeper of his house dwes The saids Lords of his majesties privie Cownsell Doe heirby ordaine James Hamiltowne keeper of the tollbwith of the Cannogate to sie and ansuer befor ther Lordships that he may be heard to object why the said serjeant Ker Should not be Sett at Libertie without payment of the Saids house dwes

Att Edinburgh the twentie eight day of Janwarie Jaj vic and nyntie seven yers

D1697/1/161

Decreet

Interloquitor Serjeant Kerr

The Lords of his majesties privie Counsell haveing considered ane act made by ther Lordships of the date the twentie one day of Jullie Jaj vic and nyntie six yeirs allowing the baillies of the Cannogate and keeper of ther tollbwith to sett William Ker sometyme Serjeant in Captaine Lockhart his troupe of Dragownes at Libertie with the said Serjeant Kers consent upon the back of the said act to goe abroad wnder the Command of Leivtenent Waler Lockhart in Major generall Coillzers regiment to serve the King with this provisione that he gett his Libertie Conforme to the said act Since he is only detained for want of money to Satisfie the keeper of his house dwes The saids Lords of his majesties privie Cownsell Doe heirby ordaine James Hamiltowne keeper of the tollbwith of the Cannogate to sie and ansuer befor ther Lordships that he may be heard to object why the said serjeant Ker Should not be Sett at Libertie without payment of the Saids house dwes

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

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