Tag Archives: January

Act, 28 January 1697, Edinburgh

Posted on April 30, 2024 by Philip Ward

Att Edinburgh the twentie eight day of Janwarie J^aj vi^c and nyntie seven yers

D1697/1/15¹

Act

Act John Christie

Anent the petitione given in to the Lords of his majesties privie Counsell Be John Christie writer in Edinburgh Shewing That wher […] Macdonald of Sleat […] Mclewd of Tallascar and […] Mcleane of Tarlosk and ther tenents are Justice adebted and owing to the petitioner severall considerable Debts and Soumes of money for payment wherof the petitioner haveing recovered Decreit and therupon raised Letters of horneing and other dilligences against them And Haveing imployed severall messengers for executeing the Same They altogither refwse the Dwe executione therof not finding tutum accessum wnles they have the protectione of and be assisted by Some of the next adjacent forces wherby the petitioner is in hazard to Lose the Debts for want of Dwe executione of the Law wnles ther Lordships provide remeid And therfore humblie craveing to the effect eftermentioned As the said petitione bears Which petitione being this day red and considered be the Saids Lords of privie Cownsell They heirby recomend to the viscownt of Tiviot Comander in cheiff of his majesties forces within this kingdome to give order to a competent number of his majesties forces to be assisting to the petitioner in the due executione of his legall dilligences against the persones above named in the Isles of Sky and Slait But refwses the Desyre of the petitione as to the above Mclane of Tarlosk or any other persones within the Isle of Mull As to which the saids Lords Leaves the petitioner to apply to the magistrats and Judges ordinary within the said Isle of Mull

Att Edinburgh the twentie eight day of Janwarie J^aj vi^c and nyntie seven yers

D1697/1/15¹

Act

Act John Christie

Anent the petitione given in to the Lords of his majesties privie Counsell Be John Christie writer in Edinburgh Shewing That wher […] Macdonald of Sleat […] Mclewd of Tallascar and […] Mcleane of Tarlosk and ther tenents are Justice adebted and owing to the petitioner severall considerable Debts and Soumes of money for payment wherof the petitioner haveing recovered Decreit and therupon raised Letters of horneing and other dilligences against them And Haveing imployed severall messengers for executeing the Same They altogither refwse the Dwe executione therof not finding tutum accessum wnles they have the protectione of and be assisted by Some of the next adjacent forces wherby the petitioner is in hazard to Lose the Debts for want of Dwe executione of the Law wnles ther Lordships provide remeid And therfore humblie craveing to the effect eftermentioned As the said petitione bears Which petitione being this day red and considered be the Saids Lords of privie Cownsell They heirby recomend to the viscownt of Tiviot Comander in cheiff of his majesties forces within this kingdome to give order to a competent number of his majesties forces to be assisting to the petitioner in the due executione of his legall dilligences against the persones above named in the Isles of Sky and Slait But refwses the Desyre of the petitione as to the above Mclane of Tarlosk or any other persones within the Isle of Mull As to which the saids Lords Leaves the petitioner to apply to the magistrats and Judges ordinary within the said Isle of Mull

1. NRS, PC2/26, 324v-325r.

1. NRS, PC2/26, 324v-325r.

Sederunt, 28 January 1697, Edinburgh

Posted on April 30, 2024 by Philip Ward

Att Edinburgh the twentie eight day of Janwarie J^aj vi^c and nyntie seven yers¹

D1697/1/14²

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Argyll; Earl of Morton; Earl of Lauderdale; Earl of Lothian; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Yester; Viscount Tiviot; Lord Raith; Lord Belhaven; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomery; Laird of Pollock; Laird of Stevensone; Laird of Cessnock; Proveist of Edinburgh

Att Edinburgh the twentie eight day of Janwarie J^aj vi^c and nyntie seven yers¹

D1697/1/14²

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Argyll; Earl of Morton; Earl of Lauderdale; Earl of Lothian; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Yester; Viscount Tiviot; Lord Raith; Lord Belhaven; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomery; Laird of Pollock; Laird of Stevensone; Laird of Cessnock; Proveist of Edinburgh

1. NRS, PC2/26, 324v.

2. NRS, PC2/26, 324v.

1. NRS, PC2/26, 324v.

2. NRS, PC2/26, 324v.

Act, 26 January 1697, Edinburgh

Posted on April 30, 2024 by Philip Ward

Att Edinburgh the twentie sixth day of Janwary J^aj vi^c nyntie seven yeirs

D1697/1/13¹

Act

Act Captain Fullertowne

Anent the petitione given in to the Lords of his majesties privie Counsell Be Hew Fallconer ane of the Captaines of Collonell Fergwsones regiment Shewing That the petitioner being the Comanding officer for receaveing the recrwits appointed for the said regiment for the yeir J^aj vi^c nyntie thrie And accordinglie Thomas Stewart merchand in Edinburgh and ane of the Leaders of the good towne of Edinburgh haveing delivered to the petitioner one Robert Mclaimeroch for one of the said recrwits The Said Robert Mclameroch made applicatione to the Committie of Counsill for the tyme anent pressed men And the said Comitie haveing called all pairties and considered the affair they Fand the said Robert Mclameroch belonged to the Earle of Leven as a desertor from his regiment and ordained him to be delivered to the said Earle or his order And that the petitioner had Just grownd of recowrse against the said Leader for a sufficient man to have bein instantlie delyvered in his place And seing the said Thomas Stewart did postpone and delay to give the petitioner a man in place of the said Robert Mclameroch and at Length finding the recrwites were to goe away he altogither Slighted the same Wherthrough the petitioner was necessitat owt of his own pocket to fwrnish a man in his place and payed six pownd Sterleing for him being the ordinarie rate at that tyme And therfore humblie craveing ther Lordships to order the said Thomas Stewart instantlie to give the petitioner a Sufficient man in place of the said Robert Mclamerock conforme to the former act of the said Comitie of Counsell for pressed men or otherwayes to satisfie and pay the petitioner the said six pund Sterleing and that wnder the paine of qwartering As the said petitione bears which being this day red and considered be the saids Lords of privie Cownsell They heirby recomend to Sir Archibald Mure Lord proveist of Edinburgh that he may cause the above Thomas Stewart fwrnish a Sufficient man to the petitioner in place of the above Robert Mclamerock the man being to be owtreuked for the Levy J^aj vi^c and nyntie thrie and so hath not the benefite of the act of parliament for the Levie J^aj vi^c and nyntie Six

Att Edinburgh the twentie sixth day of Janwary J^aj vi^c nyntie seven yeirs

D1697/1/13¹

Act

Act Captain Fullertowne

Anent the petitione given in to the Lords of his majesties privie Counsell Be Hew Fallconer ane of the Captaines of Collonell Fergwsones regiment Shewing That the petitioner being the Comanding officer for receaveing the recrwits appointed for the said regiment for the yeir J^aj vi^c nyntie thrie And accordinglie Thomas Stewart merchand in Edinburgh and ane of the Leaders of the good towne of Edinburgh haveing delivered to the petitioner one Robert Mclaimeroch for one of the said recrwits The Said Robert Mclameroch made applicatione to the Committie of Counsill for the tyme anent pressed men And the said Comitie haveing called all pairties and considered the affair they Fand the said Robert Mclameroch belonged to the Earle of Leven as a desertor from his regiment and ordained him to be delivered to the said Earle or his order And that the petitioner had Just grownd of recowrse against the said Leader for a sufficient man to have bein instantlie delyvered in his place And seing the said Thomas Stewart did postpone and delay to give the petitioner a man in place of the said Robert Mclameroch and at Length finding the recrwites were to goe away he altogither Slighted the same Wherthrough the petitioner was necessitat owt of his own pocket to fwrnish a man in his place and payed six pownd Sterleing for him being the ordinarie rate at that tyme And therfore humblie craveing ther Lordships to order the said Thomas Stewart instantlie to give the petitioner a Sufficient man in place of the said Robert Mclamerock conforme to the former act of the said Comitie of Counsell for pressed men or otherwayes to satisfie and pay the petitioner the said six pund Sterleing and that wnder the paine of qwartering As the said petitione bears which being this day red and considered be the saids Lords of privie Cownsell They heirby recomend to Sir Archibald Mure Lord proveist of Edinburgh that he may cause the above Thomas Stewart fwrnish a Sufficient man to the petitioner in place of the above Robert Mclamerock the man being to be owtreuked for the Levy J^aj vi^c and nyntie thrie and so hath not the benefite of the act of parliament for the Levie J^aj vi^c and nyntie Six

1. NRS, PC2/26, 323r-324v.

1. NRS, PC2/26, 323r-324v.

Act, 26 January 1697, Edinburgh

Posted on April 30, 2024 by Philip Ward

Att Edinburgh the twentie sixth day of Janwary J^aj vi^c nyntie seven yeirs

D1697/1/12¹

Act

Act Jennet Crichtoun

Anent the petitione given in to the Lords of his majesties privie Counsell be Jennet Creichtowne relict of Mr John King minister of the gospell Shewing That the petitioners deceast husband being in the tyme of the Late troubles by a meeting of presbiterian ministers ordained minister of the paroch of Port within which paroch he exercised his ministrie for Some yeirs without payment of any Stipend as was very well understood to the deceast Lord Cardross who was patron of the said Kirk and designed to have given the petitioner Some pairt of the vaccant Stipend of the said Kirk if he had not bein prevented by Death and wherwith he acqwainted his Lady befor his Death as a missive Letter from the Lady Cardross wnder her own hand to the petitioner therwith produced testified And seing all the piows wses within the said paroch Such as repaireing the Kirk, Kirkyeard Dyke appointing a fond for a School and School maisters house, Mortcloaths, bwilding and repaireing of bridges etc within the said paroch are alreadie provided for, owt of the vaccant Stipends of the said kirk of Port And that ther are yet vaccant Stipends resting ther And that the Lady Cardross and also the present Lord Cardross are content that a pairt of the vaccant Stipends of the said paroch be bestowed upon the petitioner as her husbands relict in Leiw of his service within the same as appears by the Ladies missive Letter as afoirsaid And therfore humblie craveing to the effect eftermentioned As the said petitione bears Which being this day considered be the saids Lords of privie Counsell with the Lady Cardross her missive Letter or testificat mentioned therin and produced therwith They heirby allow to the petitioner the Stipend of the above Kirk of Port for the haill cropt and yeir of God J^aj vi^c nyntie six yeirs And decernes and ordaines the petitioner to be readielie ansuered obeyed and payed of the said yeirs Stipend by the heretors fewars wodsetters Liferenters titullars tacksemen of teinds tenents possessors and others lyable in payment therof or by the² Above Robert Graham the factor in caise he hes uplifted the said yeirs Stipend And ordaines Letters of of Horning upon fiftein dayes wnder the signet of Counsell to be direct hereon at the petitioners instance against the heretors fewers wodsetters and others foirsaids and against the said Robert Graham factor upon productione of a decreit of Localitie and in caise ther be non ordaines the heretors and others foirsaids to make payment of ther respective proportiones of the said yeirs Stipend to the petitioner according as they shall be decerned by the Judge ordinary

Att Edinburgh the twentie sixth day of Janwary J^aj vi^c nyntie seven yeirs

D1697/1/12¹

Act

Act Jennet Crichtoun

Anent the petitione given in to the Lords of his majesties privie Counsell be Jennet Creichtowne relict of Mr John King minister of the gospell Shewing That the petitioners deceast husband being in the tyme of the Late troubles by a meeting of presbiterian ministers ordained minister of the paroch of Port within which paroch he exercised his ministrie for Some yeirs without payment of any Stipend as was very well understood to the deceast Lord Cardross who was patron of the said Kirk and designed to have given the petitioner Some pairt of the vaccant Stipend of the said Kirk if he had not bein prevented by Death and wherwith he acqwainted his Lady befor his Death as a missive Letter from the Lady Cardross wnder her own hand to the petitioner therwith produced testified And seing all the piows wses within the said paroch Such as repaireing the Kirk, Kirkyeard Dyke appointing a fond for a School and School maisters house, Mortcloaths, bwilding and repaireing of bridges etc within the said paroch are alreadie provided for, owt of the vaccant Stipends of the said kirk of Port And that ther are yet vaccant Stipends resting ther And that the Lady Cardross and also the present Lord Cardross are content that a pairt of the vaccant Stipends of the said paroch be bestowed upon the petitioner as her husbands relict in Leiw of his service within the same as appears by the Ladies missive Letter as afoirsaid And therfore humblie craveing to the effect eftermentioned As the said petitione bears Which being this day considered be the saids Lords of privie Counsell with the Lady Cardross her missive Letter or testificat mentioned therin and produced therwith They heirby allow to the petitioner the Stipend of the above Kirk of Port for the haill cropt and yeir of God J^aj vi^c nyntie six yeirs And decernes and ordaines the petitioner to be readielie ansuered obeyed and payed of the said yeirs Stipend by the heretors fewars wodsetters Liferenters titullars tacksemen of teinds tenents possessors and others lyable in payment therof or by the² Above Robert Graham the factor in caise he hes uplifted the said yeirs Stipend And ordaines Letters of of Horning upon fiftein dayes wnder the signet of Counsell to be direct hereon at the petitioners instance against the heretors fewers wodsetters and others foirsaids and against the said Robert Graham factor upon productione of a decreit of Localitie and in caise ther be non ordaines the heretors and others foirsaids to make payment of ther respective proportiones of the said yeirs Stipend to the petitioner according as they shall be decerned by the Judge ordinary

1. NRS, PC2/26, 323r-324r.

2. The word ‘within’ scored out here.

1. NRS, PC2/26, 323r-324r.

2. The word ‘within’ scored out here.

Act, 26 January 1697, Edinburgh

Posted on April 30, 2024 by Philip Ward

Att Edinburgh the twentie sixth day of Janwary J^aj vi^c nyntie seven yeirs

D1697/1/11¹

Act

Act Laird of Kininmouth

Anent the petitione given in to the Lords of his majesties privie Counsell be Patrick Kininmouth of That ilk Shewing that the petitioner haveing bein apprehended some dayes agoe by the Shirreff deput of Fyffe upon ane order direct to him from ther Lordships and he finding the petitioner in no condition to travell or be transported to Edinburgh by reasone of a dangerous hurt the petitioner had gott in his Legg did for his own exoneratione acqwaint his majesties Advocat therwith and did report certificats to his Lordship wnder the hands of the chirurgeons wnder whose cure the petitioner is for verifieing therof Wherupon by his Lordships order the petitioner was comitted prisoner to the tollbwith of Kirkaldie wher he yet remains under verie great Danger through the forsaid hurt upon his chin bone for want of accomodatione and other conveniences necessarie in such Like caises In so much that in all apperance of the petitioner Shall continwe continwe any Longer prisoner ther the conseqwences may prove fattall to him and he being content to find cautione to make compeareance befor ther Lordships and ansuer any thing that can be Laird to his charge wnder what penaltie ther Lordships shall think fitt how soon and whensoever he shall be in a conditione to travell And therfore humblie craveing ther Lordships in consideratione of the premisses to ordaine the petitioner to be sett at Libertie furth of the said tollbwith of Kirkaldie upon his finding Sufficient cautione to appear befor ther Lordships and ansuer to what shall be Laid to his charge any maner of way whenever he shall be called And that under such penaltie as ther Lordships Shall please to appoint As the said petitione bears The saids Lords of his majesties privie Counsell haveing heard the above petitione They heirby recomend to Sir James Stewart his majesties advocat to wryte to the magistrats of Kirkaldie to cause transport the petitioner from the tollbwith of Kirkaldie to the towne of Edinburgh wnder a Sufficient gward and Delyver him to the magistrats of Edinburgh and the keeper of ther tollbwith And ordaines the saids magistrats of Edinburgh and keeper of ther tollbwith to receave and detained in prisone the said Patrick Kininmouth untill furder order

Att Edinburgh the twentie sixth day of Janwary J^aj vi^c nyntie seven yeirs

D1697/1/11¹

Act

Act Laird of Kininmouth

Anent the petitione given in to the Lords of his majesties privie Counsell be Patrick Kininmouth of That ilk Shewing that the petitioner haveing bein apprehended some dayes agoe by the Shirreff deput of Fyffe upon ane order direct to him from ther Lordships and he finding the petitioner in no condition to travell or be transported to Edinburgh by reasone of a dangerous hurt the petitioner had gott in his Legg did for his own exoneratione acqwaint his majesties Advocat therwith and did report certificats to his Lordship wnder the hands of the chirurgeons wnder whose cure the petitioner is for verifieing therof Wherupon by his Lordships order the petitioner was comitted prisoner to the tollbwith of Kirkaldie wher he yet remains under verie great Danger through the forsaid hurt upon his chin bone for want of accomodatione and other conveniences necessarie in such Like caises In so much that in all apperance of the petitioner Shall continwe continwe any Longer prisoner ther the conseqwences may prove fattall to him and he being content to find cautione to make compeareance befor ther Lordships and ansuer any thing that can be Laird to his charge wnder what penaltie ther Lordships shall think fitt how soon and whensoever he shall be in a conditione to travell And therfore humblie craveing ther Lordships in consideratione of the premisses to ordaine the petitioner to be sett at Libertie furth of the said tollbwith of Kirkaldie upon his finding Sufficient cautione to appear befor ther Lordships and ansuer to what shall be Laid to his charge any maner of way whenever he shall be called And that under such penaltie as ther Lordships Shall please to appoint As the said petitione bears The saids Lords of his majesties privie Counsell haveing heard the above petitione They heirby recomend to Sir James Stewart his majesties advocat to wryte to the magistrats of Kirkaldie to cause transport the petitioner from the tollbwith of Kirkaldie to the towne of Edinburgh wnder a Sufficient gward and Delyver him to the magistrats of Edinburgh and the keeper of ther tollbwith And ordaines the saids magistrats of Edinburgh and keeper of ther tollbwith to receave and detained in prisone the said Patrick Kininmouth untill furder order

1. NRS, PC2/26, 322v-323r.

1. NRS, PC2/26, 322v-323r.

Procedure: judicial proceedings, 26 January 1697, Edinburgh

Posted on April 30, 2024 by Philip Ward

Att Edinburgh the twentie sixth day of Janwary J^aj vi^c nyntie seven yeirs

D1697/1/10¹

Procedure: judicial proceedings

Remit Brwce of Pittorthie Against Corstorphine

Anent the lybell raised befor the Lords of his majesties privie Counsell at the instance of William Bruce of Pitterthie upon a petition given in to the saids Lords be the said William Shewing That wher John Corstorphin younger of Nydie and the said William Bruce haveing ther Lands contigwe and both coall upon the march But he the crop and the said William Brwce the dip did by a contract in August J^aj vi^c nyntie five agrie to sett doune a sink upon ther eqwall expenss and to pay the watermen equallie so Long as they should be profited by the said sink As the said contract bears Nevertheles the said John Corstorphin perceaveing that by neglecting his pairt of the Drawing the water might aryse to Such a measure as might Drown the said William Brwce his pairt of the coall and yet his pairt remaine frie and dry wherby he should have the whole seale that both of them had befor The Said John Corstorphine maliciowsely refwised to add the watermen necessarie for keeping Down the growing waters And furder in the moneth of november Last Did withdraw in the night tyme his men that were to work for that vice and towr And therby Did in effect Droun the said William Brwce his coall which now lyes wnder water through the said John Corstorphin his defawlt whyles his own remaines Dry and he injoyes the full sale And furder to evince that this was Nydies evill designe to the said William Brwce his prejudice he of Late and befor the Drowning of the said William Brwce his coall caused work a coall he had lying Levell with the petitioners and work it cleane owt to the effect that the petitioners coall alone might be drowned by his foirsaid maliciows practice And Seing that coalls and coallhewghs are of publict wse and concerne and that the foirsaid Drowning of the petitioners coall requyres a present remedie And that the saids Lords of our privie Counsell have bein in wse to interpose in causes of lyke nature And therfore humblie craveing to the effect therinmentioned As the said petitione bears The which petitione being red and considered by the saids Lords of our privie Counsell They ordained thir our Letters to be direct in maner and to the effect therinmentioned And anent the charge given to the said defender to have Compeared personallie befor the saids Lords of privie Counsell at ane certain day now bypast to have ansuered to the ground of the above lybell And to have heard and sein such order and course taken theranent as the saids Lords should think fitt wnder the paine of rebellione etc As in the principall lybell or Letters of complaint and executiones therof at more Lenth is contained Which lybell being this day called in presence of the saids Lords of privie Counsell And both pairties Compeareing personallie and Sir David Thores Compeareing personallie as advocat for the perseuer And Mr Hugh Dallrimple and Mr Mungo Carnegie as advocats for the said defender the lybell and ansuers therto being read and both pairties advocats being fullie heard The Counsell Remitts the lybell to be insisted in and persewed befor the Judge ordinar via ordinaria and to be discust and determined ther

Att Edinburgh the twentie sixth day of Janwary J^aj vi^c nyntie seven yeirs

D1697/1/10¹

Procedure: judicial proceedings

Remit Brwce of Pittorthie Against Corstorphine

Anent the lybell raised befor the Lords of his majesties privie Counsell at the instance of William Bruce of Pitterthie upon a petition given in to the saids Lords be the said William Shewing That wher John Corstorphin younger of Nydie and the said William Bruce haveing ther Lands contigwe and both coall upon the march But he the crop and the said William Brwce the dip did by a contract in August J^aj vi^c nyntie five agrie to sett doune a sink upon ther eqwall expenss and to pay the watermen equallie so Long as they should be profited by the said sink As the said contract bears Nevertheles the said John Corstorphin perceaveing that by neglecting his pairt of the Drawing the water might aryse to Such a measure as might Drown the said William Brwce his pairt of the coall and yet his pairt remaine frie and dry wherby he should have the whole seale that both of them had befor The Said John Corstorphine maliciowsely refwised to add the watermen necessarie for keeping Down the growing waters And furder in the moneth of november Last Did withdraw in the night tyme his men that were to work for that vice and towr And therby Did in effect Droun the said William Brwce his coall which now lyes wnder water through the said John Corstorphin his defawlt whyles his own remaines Dry and he injoyes the full sale And furder to evince that this was Nydies evill designe to the said William Brwce his prejudice he of Late and befor the Drowning of the said William Brwce his coall caused work a coall he had lying Levell with the petitioners and work it cleane owt to the effect that the petitioners coall alone might be drowned by his foirsaid maliciows practice And Seing that coalls and coallhewghs are of publict wse and concerne and that the foirsaid Drowning of the petitioners coall requyres a present remedie And that the saids Lords of our privie Counsell have bein in wse to interpose in causes of lyke nature And therfore humblie craveing to the effect therinmentioned As the said petitione bears The which petitione being red and considered by the saids Lords of our privie Counsell They ordained thir our Letters to be direct in maner and to the effect therinmentioned And anent the charge given to the said defender to have Compeared personallie befor the saids Lords of privie Counsell at ane certain day now bypast to have ansuered to the ground of the above lybell And to have heard and sein such order and course taken theranent as the saids Lords should think fitt wnder the paine of rebellione etc As in the principall lybell or Letters of complaint and executiones therof at more Lenth is contained Which lybell being this day called in presence of the saids Lords of privie Counsell And both pairties Compeareing personallie and Sir David Thores Compeareing personallie as advocat for the perseuer And Mr Hugh Dallrimple and Mr Mungo Carnegie as advocats for the said defender the lybell and ansuers therto being read and both pairties advocats being fullie heard The Counsell Remitts the lybell to be insisted in and persewed befor the Judge ordinar via ordinaria and to be discust and determined ther

1. NRS, PC2/26, 321v-322v.

1. NRS, PC2/26, 321v-322v.

Sederunt, 26 January 1697, Edinburgh

Posted on April 30, 2024 by Philip Ward

Att Edinburgh the twentie sixth day of Janwary J^aj vi^c nyntie seven yeirs¹

D1697/1/9²

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Argyll; Earl of Morton; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Yester; Viscount Tiviot; Lord Raith; Lord Belhaven; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomry; Laird of Pollock; Laird of Blackbarrony; Laird of Stevenson

Att Edinburgh the twentie sixth day of Janwary J^aj vi^c nyntie seven yeirs¹

D1697/1/9²

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Argyll; Earl of Morton; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Yester; Viscount Tiviot; Lord Raith; Lord Belhaven; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomry; Laird of Pollock; Laird of Blackbarrony; Laird of Stevenson

1. NRS, PC2/26, 321v.

2. NRS, PC2/26, 321v.

1. NRS, PC2/26, 321v.

2. NRS, PC2/26, 321v.

Act, 22 January 1697, Edinburgh

Posted on April 30, 2024 by Philip Ward

Att Edinburgh the twentie second day of Janwary J^aj vi^c nyntie seven yeirs

D1697/1/8¹

Act

Act In favours of John Vaitch

The Lords of his majesties privie Cownsell haveing heard and considered a petitione given in to them be John Vaitch presenter of the Signators Shewing That wher in ane wnhappy ramcounter that happened in Aprile Last Betwixt Mathew Mckaill son to Mr Mathew Mckaill advocat and Mr William Trent a writer yowng man in Edinburgh both knowen to be Comorads and wnlwckielie falling owt for a triffle John Vaitch the petitioners Son and William Drumond Son to Logie Drwmond both yowng men scarce past ther immoritie were engadged to goe furth with the other two as seconds in the fatall appointment that they had made in ther follie in the park of Holyrwdehouse in which Ramcownter which past without any wittnesses the two principalls did fall and were found Dead and the petitioners said Son and the said Drummond have ever since fled and absconded And Seing that by all circumstances it appears to be in a caice Deserveing his majesties mercy and pardon The two wnfortwnat Seconds haveing acted no more then the pairt of two foolish wittnesses And that for obtaineing his majesties grace and remissione It may be expedient that a precognitione may be taken of the ryse of the qwarrell and of the occasione of the Seconds if any was and of what els relates to it And therfor humbly craveing ther Lordships would be pleased in consideratione of the premisses to appoint a precognitione to be taken of the said mater in order to grace and mercie as hes bein wswall in the lyke caices Which petitione being read in presence of the saids Lords upon the twentie nynth Day of December Last they appointed a comittie of ther own number to precognosce the said mater And upon report of the said Commitie of the declarationes by them taken of severall wittnesses adduced both by the said John Vaitch elder And Likewayes of the said Mr Mathew Mckell father to the said deceast Mathew Doe find that the said John Vaitch younger was not in the companie nor at all present when the qwarrell first fell owt on the Saturnday betuixt the deceast Mathew Mckale and the deceast Mr William Trent who were both killed on the Munday therefter and found dead upon the place And that nothing more is proven as to the said John Vaitch in the mater of the said Slaughter And all that can be gathered from the declarationes taken is That the said John Vaitch younger came on the interveeneing Swnday and called on the said deceast Mathew and that a boy came in his name and Desyred the said deceast Mathew Mckale to come to the said John Vaitch in the morneing a Litle before the Slawghter happened which is neither soe clearlie declaired nor appears to be of great import

Att Edinburgh the twentie second day of Janwary J^aj vi^c nyntie seven yeirs

D1697/1/8¹

Act

Act In favours of John Vaitch

The Lords of his majesties privie Cownsell haveing heard and considered a petitione given in to them be John Vaitch presenter of the Signators Shewing That wher in ane wnhappy ramcounter that happened in Aprile Last Betwixt Mathew Mckaill son to Mr Mathew Mckaill advocat and Mr William Trent a writer yowng man in Edinburgh both knowen to be Comorads and wnlwckielie falling owt for a triffle John Vaitch the petitioners Son and William Drumond Son to Logie Drwmond both yowng men scarce past ther immoritie were engadged to goe furth with the other two as seconds in the fatall appointment that they had made in ther follie in the park of Holyrwdehouse in which Ramcownter which past without any wittnesses the two principalls did fall and were found Dead and the petitioners said Son and the said Drummond have ever since fled and absconded And Seing that by all circumstances it appears to be in a caice Deserveing his majesties mercy and pardon The two wnfortwnat Seconds haveing acted no more then the pairt of two foolish wittnesses And that for obtaineing his majesties grace and remissione It may be expedient that a precognitione may be taken of the ryse of the qwarrell and of the occasione of the Seconds if any was and of what els relates to it And therfor humbly craveing ther Lordships would be pleased in consideratione of the premisses to appoint a precognitione to be taken of the said mater in order to grace and mercie as hes bein wswall in the lyke caices Which petitione being read in presence of the saids Lords upon the twentie nynth Day of December Last they appointed a comittie of ther own number to precognosce the said mater And upon report of the said Commitie of the declarationes by them taken of severall wittnesses adduced both by the said John Vaitch elder And Likewayes of the said Mr Mathew Mckell father to the said deceast Mathew Doe find that the said John Vaitch younger was not in the companie nor at all present when the qwarrell first fell owt on the Saturnday betuixt the deceast Mathew Mckale and the deceast Mr William Trent who were both killed on the Munday therefter and found dead upon the place And that nothing more is proven as to the said John Vaitch in the mater of the said Slaughter And all that can be gathered from the declarationes taken is That the said John Vaitch younger came on the interveeneing Swnday and called on the said deceast Mathew and that a boy came in his name and Desyred the said deceast Mathew Mckale to come to the said John Vaitch in the morneing a Litle before the Slawghter happened which is neither soe clearlie declaired nor appears to be of great import

1. NRS, PC2/26, 320v-321v.

1. NRS, PC2/26, 320v-321v.

Sederunt, 22 January 1697, Edinburgh

Posted on April 30, 2024 by Philip Ward

Att Edinburgh the twentie second day of Janwary J^aj vi^c nyntie seven yeirs¹

D1697/1/7²

Sederunt

Lord Chancellor; Duke of Qweensberry; Earl of Argyle; Earl of Morton; Earl of Lawderdale; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Yester; Lord John Hamilton; Lord Raith; Lord Carmichael; Lord Advocat; Lord Jwstice clerk; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomry; Laird of Pollock; Laird of Blackbarrony; Laird of Stevensone; Laird of Cessnock; Laird of Balhowsie; Proveist of Edinburgh

Att Edinburgh the twentie second day of Janwary J^aj vi^c nyntie seven yeirs¹

D1697/1/7²

Sederunt

Lord Chancellor; Duke of Qweensberry; Earl of Argyle; Earl of Morton; Earl of Lawderdale; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Yester; Lord John Hamilton; Lord Raith; Lord Carmichael; Lord Advocat; Lord Jwstice clerk; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomry; Laird of Pollock; Laird of Blackbarrony; Laird of Stevensone; Laird of Cessnock; Laird of Balhowsie; Proveist of Edinburgh

1. NRS, PC2/26, 320v.

2. NRS, PC2/26, 320v.

1. NRS, PC2/26, 320v.

2. NRS, PC2/26, 320v.

Procedure: bill of suspension, 14 January 1697, Edinburgh

Posted on April 30, 2024 by Philip Ward

Att Edinburgh the fourtein day of Janwary J^aj vi^c nyntie seven yeirs

D1697/1/6¹

Procedure: bill of suspension

Bill of Suspensione Gordon against Wdney

Bill of Suspensione Gordon against Wdney past in presentia and Laid among commowne Bills

Att Edinburgh the fourtein day of Janwary J^aj vi^c nyntie seven yeirs

D1697/1/6¹

Procedure: bill of suspension

Bill of Suspensione Gordon against Wdney

Bill of Suspensione Gordon against Wdney past in presentia and Laid among commowne Bills

1. NRS, PC2/26, 320v.

1. NRS, PC2/26, 320v.