Tag Archives: January

Order, 14 January 1697, Edinburgh

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Att Edinburgh the fourtein day of Janwary Jaj vic nyntie seven yeirs

D1697/1/51

Order

Remitt The tacksemen of excyse

Anent the petitione given in to the Lords of his majesties privie Counsell be The tacksemen of the excyse Shewing That wher the generall receavers haveing qwartered Severall pairties upon the petitioners for alleadged deficiency in payment of ther tackdwetie of the excyse they did protest against the legalitie of the qwartering And because the Saids generall receavers Did not acqwiesce they Doe therfor humbly offer to ther Lordships the grownds of ther instrument taken against the generall receavers viz primo The rule of qwartering for excyse being the Same as for the Cess conforme to the third act parliament Jaj vic eightie one yeirs It is provided by the Severall acts of parliament anent Supplies that all qwartering Shall be for a Definite Soume And ther is ane number of Sowldiers proportioned according to the Soume Notwithstanding the generall receavers have qwartered severall pairties upon the petitioners without relatione to any particular Soume But in generall ay and while the whole tackdwetie be payed up And albeit ther present circumstances be well knowen to ther Lordships And that they have payed more then they have receaved Secundo the constant rule and practise of qwartering is onlie upon deficients And albeit Comissioners for Supplie and all collectors are lyeable to qwartering yet they have the priviledge to send the Souldiers qwartered upon them to qwarter upon such as are deficient and if ther were any place for qwartering at all in this cause the deficiencies is not in the petitioners Because they have Subsett almost the whole kingdome and ther Subtacksemen being Deficient to them they did Desyre that the pairtie might be qwartered upon them and not upon the petitioners who have nothing in ther hands And Seing it is the constant rule and practise that all who are qwartered upon as lyable for Supplie or excyse have the priviledge to Lay the Load wher the deficiency trwely lyes the petitioners only Did and Doe expect the Same And if it were not Soe ther might be thrie or four qwarterings for one deficiency without releefe For as the generall receaver pretends the petitioners the generall tacksemen Should be lyable for the deficiencie of ther Subtacksemen and they will be lyable to ane other pairtie for ther deficiencie and the brewers for a third wheras one deficiencie is the occasione of all And one payment purges all soe that ther would be a triple qwartering which was never practised or awthorized by Law And ther for humblie craveing ther Lordships to remove the pairtie qwartered upon the petitioners aither Simplie till ther circumstances be taken to consideratione atleast that ther be no qwartering till ane particular Soume be condescended upon And that the petitioners may be frie upon condescending and giveing Lists of Subtacksemen Deficient of the Soume Demanded As the Saids petitione bears The Saids Lords of his majesties privie Counsell haveing considered the above petitione given in to them be the saids tacksemen of his majesties custome And answers therto for the generall receavers they heirby remit the Same to The Lords Commissioners of his majesties Thesaurie And the Lords of Exchequer

Att Edinburgh the fourtein day of Janwary Jaj vic nyntie seven yeirs

D1697/1/51

Order

Remitt The tacksemen of excyse

Anent the petitione given in to the Lords of his majesties privie Counsell be The tacksemen of the excyse Shewing That wher the generall receavers haveing qwartered Severall pairties upon the petitioners for alleadged deficiency in payment of ther tackdwetie of the excyse they did protest against the legalitie of the qwartering And because the Saids generall receavers Did not acqwiesce they Doe therfor humbly offer to ther Lordships the grownds of ther instrument taken against the generall receavers viz primo The rule of qwartering for excyse being the Same as for the Cess conforme to the third act parliament Jaj vic eightie one yeirs It is provided by the Severall acts of parliament anent Supplies that all qwartering Shall be for a Definite Soume And ther is ane number of Sowldiers proportioned according to the Soume Notwithstanding the generall receavers have qwartered severall pairties upon the petitioners without relatione to any particular Soume But in generall ay and while the whole tackdwetie be payed up And albeit ther present circumstances be well knowen to ther Lordships And that they have payed more then they have receaved Secundo the constant rule and practise of qwartering is onlie upon deficients And albeit Comissioners for Supplie and all collectors are lyeable to qwartering yet they have the priviledge to send the Souldiers qwartered upon them to qwarter upon such as are deficient and if ther were any place for qwartering at all in this cause the deficiencies is not in the petitioners Because they have Subsett almost the whole kingdome and ther Subtacksemen being Deficient to them they did Desyre that the pairtie might be qwartered upon them and not upon the petitioners who have nothing in ther hands And Seing it is the constant rule and practise that all who are qwartered upon as lyable for Supplie or excyse have the priviledge to Lay the Load wher the deficiency trwely lyes the petitioners only Did and Doe expect the Same And if it were not Soe ther might be thrie or four qwarterings for one deficiency without releefe For as the generall receaver pretends the petitioners the generall tacksemen Should be lyable for the deficiencie of ther Subtacksemen and they will be lyable to ane other pairtie for ther deficiencie and the brewers for a third wheras one deficiencie is the occasione of all And one payment purges all soe that ther would be a triple qwartering which was never practised or awthorized by Law And ther for humblie craveing ther Lordships to remove the pairtie qwartered upon the petitioners aither Simplie till ther circumstances be taken to consideratione atleast that ther be no qwartering till ane particular Soume be condescended upon And that the petitioners may be frie upon condescending and giveing Lists of Subtacksemen Deficient of the Soume Demanded As the Saids petitione bears The Saids Lords of his majesties privie Counsell haveing considered the above petitione given in to them be the saids tacksemen of his majesties custome And answers therto for the generall receavers they heirby remit the Same to The Lords Commissioners of his majesties Thesaurie And the Lords of Exchequer

1. NRS, PC2/26, 319v-320r.

1. NRS, PC2/26, 319v-320r.

Sederunt, 14 January 1697, Edinburgh

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Att Edinburgh the fourtein day of Janwary Jaj vic nyntie seven yeirs1

D1697/1/42

Sederunt

Lord Chancellor; Duke of Qweensberry; Earl of Morton; Earl of Leven; Earl of Annandale; Earl of Forffar; Lord Yester; Lord John Hamiltoun; Viscount Tiviot; Lord Belhaven; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Laird of Pollock; Laird of Stevensone; Laird of Ballhousie; Proveist of Edinburgh

Att Edinburgh the fourtein day of Janwary Jaj vic nyntie seven yeirs1

D1697/1/42

Sederunt

Lord Chancellor; Duke of Qweensberry; Earl of Morton; Earl of Leven; Earl of Annandale; Earl of Forffar; Lord Yester; Lord John Hamiltoun; Viscount Tiviot; Lord Belhaven; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Laird of Pollock; Laird of Stevensone; Laird of Ballhousie; Proveist of Edinburgh

1. NRS, PC2/26, 139r.

2. NRS, PC2/26, 319r.

1. NRS, PC2/26, 139r.

2. NRS, PC2/26, 319r.

Procedure: committee formed, 12 January 1697, Edinburgh

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Att Edinburgh the twelve Day of Janwarie Jaj vic nyntie seven yeirs

D1697/1/31

Procedure: committee formed

Comittie Slezer and Adair

Petitione Captaine Slezer read and recomends to the Earle of Leven The Lord Justice clerk and Sir Archibald Mwire present proveist of Edinburgh being the Comittie Last named upon John Adaires petitione to meet with the Lord Chancellor at his Lordships Lodgeing and to consider this petitione and what methods are fittest to be fallen upon for the Speedie and compleat inbringing of the tunnage imposed be act of parliament and how much therof is to be payed aither to the said John Adair or Captaine Slezer and by what proportiones and to consider how farr both these persones workes have proceeded and what will be resting to aither of them for compleateing and perfyteing ther respective works and recomends to the said Comittie to meet tomorrow at ten in the foirnoon And declaires any two of the foirsaid Comitie to be a Sufficient qworwm

Att Edinburgh the twelve Day of Janwarie Jaj vic nyntie seven yeirs

D1697/1/31

Procedure: committee formed

Comittie Slezer and Adair

Petitione Captaine Slezer read and recomends to the Earle of Leven The Lord Justice clerk and Sir Archibald Mwire present proveist of Edinburgh being the Comittie Last named upon John Adaires petitione to meet with the Lord Chancellor at his Lordships Lodgeing and to consider this petitione and what methods are fittest to be fallen upon for the Speedie and compleat inbringing of the tunnage imposed be act of parliament and how much therof is to be payed aither to the said John Adair or Captaine Slezer and by what proportiones and to consider how farr both these persones workes have proceeded and what will be resting to aither of them for compleateing and perfyteing ther respective works and recomends to the said Comittie to meet tomorrow at ten in the foirnoon And declaires any two of the foirsaid Comitie to be a Sufficient qworwm

1. NRS, PC2/26, 319r.

1. NRS, PC2/26, 319r.

Act, 12 January 1697, Edinburgh

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Att Edinburgh the twelve Day of Janwarie Jaj vic nyntie seven yeirs

D1697/1/21

Act

Act Anent magistrats in Old Aberdeen

Anent the petitione given in to the Lords of his majesties privie Counsell be The Late magistrats and towne Counsell of the old towne of Aberdeen Shewing That wher in the tyme of Episcopacie the said towne being the Bishups Seat of the bishuprig of Aberdeen The magistrats were chosen at the sight of the Bishup then resideing on the place Conforme to the Constant custome And Since the revolutione the said towne hes at severall tymes bein in great disorder and confwsione for want of magistrats for rwleing and governing the same And ther severall yeirs bygone ther hath bein no magistrats in the said towne except four baillies who were nominat by ther Lordships for the space of ane yeir for observeing the said towne And for seing of the publict orders of the governement putt to dwe executione And als for qwartering the Souldiers in ther passing and repassing the Same And the yeir being Long agoe expyred So that ther are no2 magistrats at present in the said burgh through want wherof ther are daylie disorders and confwsiones falling out amongst the inhabitants and the Samen certainlie will more and more incresce without ther Lordships provide remeid therto And therfor humblie craveing to the efect eftermentioned as the said petitione bears which being this day read and considered be the saids Lords of privie Counsell with the report of his majesties advocat and Solicitor therupon they heirby allow the Last nominat magistrats and towne Counsell of the said burgh to exerce ther saids officers as if the yeir for which they were chosen were not yet elapsed nor rwn owt And appoints the saids old magistrats and towne Counsell of the said burgh to meet and consider amongest themselves what persones are fittest to be magistrats and towne counsell of the burgh of old Aberdeen for the ensweing yeir and to transmit the names and designationes of these persones fitt to be Counsellers and a List of there for each baillie to the privie Cownsell betuixt and the first day of Jwne next to Come to the effect the saids Lords may choice one for each baillie And appoints and authorizes the saids old magistrats and Counsell to exerce ther offices as said is ay and while new ones be appointed by the saids Lords of privie Counsell Conforme to ther act to be past theranent

Att Edinburgh the twelve Day of Janwarie Jaj vic nyntie seven yeirs

D1697/1/21

Act

Act Anent magistrats in Old Aberdeen

Anent the petitione given in to the Lords of his majesties privie Counsell be The Late magistrats and towne Counsell of the old towne of Aberdeen Shewing That wher in the tyme of Episcopacie the said towne being the Bishups Seat of the bishuprig of Aberdeen The magistrats were chosen at the sight of the Bishup then resideing on the place Conforme to the Constant custome And Since the revolutione the said towne hes at severall tymes bein in great disorder and confwsione for want of magistrats for rwleing and governing the same And ther severall yeirs bygone ther hath bein no magistrats in the said towne except four baillies who were nominat by ther Lordships for the space of ane yeir for observeing the said towne And for seing of the publict orders of the governement putt to dwe executione And als for qwartering the Souldiers in ther passing and repassing the Same And the yeir being Long agoe expyred So that ther are no2 magistrats at present in the said burgh through want wherof ther are daylie disorders and confwsiones falling out amongst the inhabitants and the Samen certainlie will more and more incresce without ther Lordships provide remeid therto And therfor humblie craveing to the efect eftermentioned as the said petitione bears which being this day read and considered be the saids Lords of privie Counsell with the report of his majesties advocat and Solicitor therupon they heirby allow the Last nominat magistrats and towne Counsell of the said burgh to exerce ther saids officers as if the yeir for which they were chosen were not yet elapsed nor rwn owt And appoints the saids old magistrats and towne Counsell of the said burgh to meet and consider amongest themselves what persones are fittest to be magistrats and towne counsell of the burgh of old Aberdeen for the ensweing yeir and to transmit the names and designationes of these persones fitt to be Counsellers and a List of there for each baillie to the privie Cownsell betuixt and the first day of Jwne next to Come to the effect the saids Lords may choice one for each baillie And appoints and authorizes the saids old magistrats and Counsell to exerce ther offices as said is ay and while new ones be appointed by the saids Lords of privie Counsell Conforme to ther act to be past theranent

1. NRS, PC2/26, 318r-319r.

2. Insertion.

1. NRS, PC2/26, 318r-319r.

2. Insertion.

Sederunt, 12 January 1697, Edinburgh

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Att Edinburgh the twelve Day of Janwarie Jaj vic nyntie seven yeirs1

D1697/1/12

Sederunt

Lord Chancellor; Duke of Qweensberry; Earl of Morton; Earl of Lawderdale; Earl of Leven; Earl of Annandale; Earl of Forffar; Lord John Hamiltoun; Viscount Tiviot; Lord Bellhaven; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Laird of Pollock; Laird of Stevensone; Laird of Ballhousie; Proveist of Edinburgh

Att Edinburgh the twelve Day of Janwarie Jaj vic nyntie seven yeirs1

D1697/1/12

Sederunt

Lord Chancellor; Duke of Qweensberry; Earl of Morton; Earl of Lawderdale; Earl of Leven; Earl of Annandale; Earl of Forffar; Lord John Hamiltoun; Viscount Tiviot; Lord Bellhaven; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Laird of Pollock; Laird of Stevensone; Laird of Ballhousie; Proveist of Edinburgh

1. NRS, PC2/26, 318r.

2. NRS, PC2/26, 318r.

1. NRS, PC2/26, 318r.

2. NRS, PC2/26, 318r.

Procedure: judicial proceedings, 28 January 1696, Edinburgh

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Att Edinburgh the twentie eight day of Janwary Jaj vic nyntie Six yeirs

D1696/1/401

Procedure: judicial proceedings

Mcphersones remitt to the Solicitor

Anent the petitione given in to the Lords of his majesties privie Counsell be James Mcphersone of Inverinhaven Shewing that wher the petitioner being conveened befor the comissioners of Justiciary for the district of Invernes at the instance of John Grant of Comegass and David Cuming procurator fiscall of the said court for As aleadged Spwillzeing and away takeing in the moneths of May Jwne or Jully Jaj vic eightie nyne when Dwndie was in the hills certaine goods and others alleadged belonging to John Grant atleast being airt and pairt therof in maner mentioned in the pretended lybell raised theranent The petitioner being altogither innocent of the said pretended cryme did most readiely ansuer to the said court yet the Saids Commissioners upon certain pretended grownds without any Legall probatione did incarcerat the petitioner at Invernes where he did lye for a considerable tyme without any Legall tryell Therefter the petitioner did apply to the saids Lords of privie Counsell who were pleased to Sett him at Libertie upon his finding cautione acted in the books of privie Counsell to enter himself prisoner within the tollbwith of Edinburgh therin to remaine Dureing the saids Lords ther furder pleasure In obedience wherunto the petitioner did come to Edinburgh and entered himself prisoner in the said tollbwith against the tyme prescribed And haveing the first day of Janwary instant to the saids Lords of privie Counsell that he might be sett att Libertie upon his finding cawtione to ansuer befor any Judicatorie when called The Saids Lords were then pleased to ordaine the perseuar to sie the said bill and give answers therto against Thursday Last the nynth instant And in respect the petitioner is altogither innocent year altho he had bein gwiltie as he never was yet he humbly conceaves that he will be indemnified as haveing tymeousely taken the benefite of his majesties graciows indemnitie And haveing ever befor and since behaved himself as a peaceable good and Loyall Subject to his present Majestie as the bills formerly given in and lying in the clerks hands will fullie testifie And the persewar being consciows that the petitioner is innocent he hes never yet given any answers nor offered to insist in any proces against the petitioner And therfor humbly creaveing to the effect eftermentioned As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Councell with and Double of the proces at the instance of John Grant of Conygass against the petitioner befor the Commissioners of Justiciarie produced be The Laird of Grant The Cowncill appoints his majesties sollicitor to consider the foirsaid Double of the proces with the said James Mcphersone his bill And to report his opinion in both to them against ther next meeting

Att Edinburgh the twentie eight day of Janwary Jaj vic nyntie Six yeirs

D1696/1/401

Procedure: judicial proceedings

Mcphersones remitt to the Solicitor

Anent the petitione given in to the Lords of his majesties privie Counsell be James Mcphersone of Inverinhaven Shewing that wher the petitioner being conveened befor the comissioners of Justiciary for the district of Invernes at the instance of John Grant of Comegass and David Cuming procurator fiscall of the said court for As aleadged Spwillzeing and away takeing in the moneths of May Jwne or Jully Jaj vic eightie nyne when Dwndie was in the hills certaine goods and others alleadged belonging to John Grant atleast being airt and pairt therof in maner mentioned in the pretended lybell raised theranent The petitioner being altogither innocent of the said pretended cryme did most readiely ansuer to the said court yet the Saids Commissioners upon certain pretended grownds without any Legall probatione did incarcerat the petitioner at Invernes where he did lye for a considerable tyme without any Legall tryell Therefter the petitioner did apply to the saids Lords of privie Counsell who were pleased to Sett him at Libertie upon his finding cautione acted in the books of privie Counsell to enter himself prisoner within the tollbwith of Edinburgh therin to remaine Dureing the saids Lords ther furder pleasure In obedience wherunto the petitioner did come to Edinburgh and entered himself prisoner in the said tollbwith against the tyme prescribed And haveing the first day of Janwary instant to the saids Lords of privie Counsell that he might be sett att Libertie upon his finding cawtione to ansuer befor any Judicatorie when called The Saids Lords were then pleased to ordaine the perseuar to sie the said bill and give answers therto against Thursday Last the nynth instant And in respect the petitioner is altogither innocent year altho he had bein gwiltie as he never was yet he humbly conceaves that he will be indemnified as haveing tymeousely taken the benefite of his majesties graciows indemnitie And haveing ever befor and since behaved himself as a peaceable good and Loyall Subject to his present Majestie as the bills formerly given in and lying in the clerks hands will fullie testifie And the persewar being consciows that the petitioner is innocent he hes never yet given any answers nor offered to insist in any proces against the petitioner And therfor humbly creaveing to the effect eftermentioned As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Councell with and Double of the proces at the instance of John Grant of Conygass against the petitioner befor the Commissioners of Justiciarie produced be The Laird of Grant The Cowncill appoints his majesties sollicitor to consider the foirsaid Double of the proces with the said James Mcphersone his bill And to report his opinion in both to them against ther next meeting

1. NRS, PC2/26, 111r-112r.

1. NRS, PC2/26, 111r-112r.

Act, 28 January 1696, Edinburgh

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Att Edinburgh the twentie eight day of Janwary Jaj vic nyntie Six yeirs

D1696/1/391

Act

Act Somervaill of Corrhouse and Robert Mwirhead

Anent the petitione given in to the Lords of his majesties privie Cownsell be William Somervaill of Corrhouse and Robert Mwirehead writer in Edinburgh Shewing That wheras ther being formerly applicatione made to the Saids Lords by the Said William Somervell and Violet Baillie Doughter to the deceast John Baillie younger of St Johns Kirk his Spouse they did obtaine the haill wrytes which pertained to the Said deceast John Baillie of St Johns Kirk or relateing to his estate heretages or moveabells which were in the hands of the said Robert Murehead Seqwestrat at the petitioners instance And putt in the hands of the clerks to the Counsell who have then Still in ther custodie Sealled up in two Litle chists or boxes And the petitioner haveing Submitted any difference betuixt them anent these writes to the determinatione of Sir John Hamiltoune of Hallcraige one of the Senators of the colledge of Justice And Mr Hwgh Dallrimple advocat And it being agried betuixt them that the saids chists or boxes be putt in the hands of the said Sir John Hamiltowne And ther for humbly craveing to the effect eftermentioned As the said petitione bears which being this day red and considered be the Saids Lords of privie Cownsell They Doe heirby give order and warrand to ther clerks to transmitt and putt in the hands of the above Lord Hallcraig the haill wrytes above written which are Sealled wp in the two Litle chists and boxes above mentioned atleast to deliver the two Litle chists or boxes themselvs and papers therin without opening the chists or boxes the Sealls upon the Same being allwayes haill and wnbroke And that upon recept of the Saids wrytes and boxes

Att Edinburgh the twentie eight day of Janwary Jaj vic nyntie Six yeirs

D1696/1/391

Act

Act Somervaill of Corrhouse and Robert Mwirhead

Anent the petitione given in to the Lords of his majesties privie Cownsell be William Somervaill of Corrhouse and Robert Mwirehead writer in Edinburgh Shewing That wheras ther being formerly applicatione made to the Saids Lords by the Said William Somervell and Violet Baillie Doughter to the deceast John Baillie younger of St Johns Kirk his Spouse they did obtaine the haill wrytes which pertained to the Said deceast John Baillie of St Johns Kirk or relateing to his estate heretages or moveabells which were in the hands of the said Robert Murehead Seqwestrat at the petitioners instance And putt in the hands of the clerks to the Counsell who have then Still in ther custodie Sealled up in two Litle chists or boxes And the petitioner haveing Submitted any difference betuixt them anent these writes to the determinatione of Sir John Hamiltoune of Hallcraige one of the Senators of the colledge of Justice And Mr Hwgh Dallrimple advocat And it being agried betuixt them that the saids chists or boxes be putt in the hands of the said Sir John Hamiltowne And ther for humbly craveing to the effect eftermentioned As the said petitione bears which being this day red and considered be the Saids Lords of privie Cownsell They Doe heirby give order and warrand to ther clerks to transmitt and putt in the hands of the above Lord Hallcraig the haill wrytes above written which are Sealled wp in the two Litle chists and boxes above mentioned atleast to deliver the two Litle chists or boxes themselvs and papers therin without opening the chists or boxes the Sealls upon the Same being allwayes haill and wnbroke And that upon recept of the Saids wrytes and boxes

1. NRS, PC2/26, 110v-111r.

1. NRS, PC2/26, 110v-111r.

Act, 28 January 1696, Edinburgh

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Att Edinburgh the twentie eight day of Janwary Jaj vic nyntie Six yeirs

D1696/1/381

Act

Act Mr John Gibsone

Anent The petitione given in to The Lords of his majesties privie Counsell Be Mr John Gibsone preacher of the gospell Shewing That wher the petitioner within these Six moneths or therby haveing come from the countrey of of2 Caithnes the place of his residence to Edinburgh two severall tymes which Journeyes were not only Long and tediows as is well knowen travellers But also verie troublesome and expensive And that in order to address the reverend assemblie That ther wisedomes might take tryall and inqwirie in the petitioners pairts and qwalificationes for exerceing the office of ane minister of the gospell And therupon declaire the petitioner capable of receaveing a call But befor the petitioners comeing up The assembly haveing bein adjourned The petitioner upon applicatione to the Comissione appointed by the Last Sessione of the assembly was remitted to The presbetry of Edinburgh who wpon Some weightie and important considerationes Remitted the petitioners tryall to the united presbetry of Murray and Ross And they takeing to consideratione the petitioners circumstances and conditione and the great charges and expensses he hes bein at alreadie and will be at in makeing the Saids Severall Journeyes And in applying to the said wnited presbetrie And that he might be furder encouraged in the work of the ministrie did in Leiw and recompence of his saids expensses and his encouradgement as said is appoint two of ther own number to represent the petitioners caise and conditione to the saids Lords of privie Counsell That therupon the saids Lords would be pleased to allow the petitioner the vaccant Stipend of the paroch of Bowar for the yeir Jaj vic nyntie five vaccant through the decease of the petitioners father who died the second day of September Jaj vic nyntie two yeirs And which vaccancie hes bein Supplyed by the petitioner for Severall Lords dayes who hes not only the care of ane Sickly mother and Severall breithren But also The care of Mr Robert Forres his wncles relict and five or six Small fatherles childrein lying upon him And therfor humbly craveing in maner and to the effect efter mentioned which petitione being this day red and considered be the saids Lords of privie Counsell They heirby allow the petitioner the vaccand Stipend of the above kirk of Bowar for the haill cropt and yeir of God Jaj vic nyntie five And ordaines him to be readiely ansuered obeyed and payed therof to the heretors fewers wodsetters Liferenters titulars tacksemen of teinds tennents possessors and others Lyable in payment of the said yeirs Stipend And ordaines Letters of horning to be direct at the petitioners instance against the heretors and wthers foirsaids lyable in payment of the said yeirs vaccant Stipend upon productione of a decreit of Localitie And in caice ther be non ordaines the heretors and wthers foirsaids to make payment of ther respective proportiones therof according as they Shall be Determined and Decerned by the Judge ordinary The petitioner allwayes first befor extracting heirof Swearing and Signeing the oath of alleadgeance and Signeing the assureance appointed by act of parliament to his Majestie King William in presence of ane of The Lords of his majesties privie Counsell who is heirby impowered and comissionat to administer the Same to him

Att Edinburgh the twentie eight day of Janwary Jaj vic nyntie Six yeirs

D1696/1/381

Act

Act Mr John Gibsone

Anent The petitione given in to The Lords of his majesties privie Counsell Be Mr John Gibsone preacher of the gospell Shewing That wher the petitioner within these Six moneths or therby haveing come from the countrey of of2 Caithnes the place of his residence to Edinburgh two severall tymes which Journeyes were not only Long and tediows as is well knowen travellers But also verie troublesome and expensive And that in order to address the reverend assemblie That ther wisedomes might take tryall and inqwirie in the petitioners pairts and qwalificationes for exerceing the office of ane minister of the gospell And therupon declaire the petitioner capable of receaveing a call But befor the petitioners comeing up The assembly haveing bein adjourned The petitioner upon applicatione to the Comissione appointed by the Last Sessione of the assembly was remitted to The presbetry of Edinburgh who wpon Some weightie and important considerationes Remitted the petitioners tryall to the united presbetry of Murray and Ross And they takeing to consideratione the petitioners circumstances and conditione and the great charges and expensses he hes bein at alreadie and will be at in makeing the Saids Severall Journeyes And in applying to the said wnited presbetrie And that he might be furder encouraged in the work of the ministrie did in Leiw and recompence of his saids expensses and his encouradgement as said is appoint two of ther own number to represent the petitioners caise and conditione to the saids Lords of privie Counsell That therupon the saids Lords would be pleased to allow the petitioner the vaccant Stipend of the paroch of Bowar for the yeir Jaj vic nyntie five vaccant through the decease of the petitioners father who died the second day of September Jaj vic nyntie two yeirs And which vaccancie hes bein Supplyed by the petitioner for Severall Lords dayes who hes not only the care of ane Sickly mother and Severall breithren But also The care of Mr Robert Forres his wncles relict and five or six Small fatherles childrein lying upon him And therfor humbly craveing in maner and to the effect efter mentioned which petitione being this day red and considered be the saids Lords of privie Counsell They heirby allow the petitioner the vaccand Stipend of the above kirk of Bowar for the haill cropt and yeir of God Jaj vic nyntie five And ordaines him to be readiely ansuered obeyed and payed therof to the heretors fewers wodsetters Liferenters titulars tacksemen of teinds tennents possessors and others Lyable in payment of the said yeirs Stipend And ordaines Letters of horning to be direct at the petitioners instance against the heretors and wthers foirsaids lyable in payment of the said yeirs vaccant Stipend upon productione of a decreit of Localitie And in caice ther be non ordaines the heretors and wthers foirsaids to make payment of ther respective proportiones therof according as they Shall be Determined and Decerned by the Judge ordinary The petitioner allwayes first befor extracting heirof Swearing and Signeing the oath of alleadgeance and Signeing the assureance appointed by act of parliament to his Majestie King William in presence of ane of The Lords of his majesties privie Counsell who is heirby impowered and comissionat to administer the Same to him

1. NRS, PC2/26, 109v-110v.

2. Sic.

1. NRS, PC2/26, 109v-110v.

2. Sic.

Sederunt, 28 January 1696, Edinburgh

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Att Edinburgh the twentie eight day of Janwary Jaj vic nyntie Six yeirs1

D1696/1/372

Sederunt

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

Att Edinburgh the twentie eight day of Janwary Jaj vic nyntie Six yeirs1

D1696/1/372

Sederunt

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

1. NRS, PC2/26, 109v.

2. NRS, PC2/26, 109v.

1. NRS, PC2/26, 109v.

2. NRS, PC2/26, 109v.

Warrant, 23 January 1696, Edinburgh

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Att Edinburgh the twentie third day of Janwary Jaj vic nyntie Six yeirs

D1696/1/361

Warrant

Warrand for transporting Captaine Nathaniell Smith

The Lords of his majesties privie Cownsell doe heirby give order and warrand to the magistrats of Kirkwall within whose tollbwith Captaine Nathaniell Smith (one of the persones complained upon to the Cownsell by Mr Exon and Mr Man) presently is to deliver the said Captaine Nathaniell Smith to the Stewart of Orkney and his depute And ordaines them to deliver him to the Shirreff of Caithnes and his deputes And soe to be transported from Shirreff to Shirreff wnder a Sufficient gwaird untill he come to the towne of Edinburgh And be delivered to the magestrats therof whom they appoint to comitt to ther tollbwith them and the keeper therof to receave him into the said tollbwith and detaine him therin till furder order

Att Edinburgh the twentie third day of Janwary Jaj vic nyntie Six yeirs

D1696/1/361

Warrant

Warrand for transporting Captaine Nathaniell Smith

The Lords of his majesties privie Cownsell doe heirby give order and warrand to the magistrats of Kirkwall within whose tollbwith Captaine Nathaniell Smith (one of the persones complained upon to the Cownsell by Mr Exon and Mr Man) presently is to deliver the said Captaine Nathaniell Smith to the Stewart of Orkney and his depute And ordaines them to deliver him to the Shirreff of Caithnes and his deputes And soe to be transported from Shirreff to Shirreff wnder a Sufficient gwaird untill he come to the towne of Edinburgh And be delivered to the magestrats therof whom they appoint to comitt to ther tollbwith them and the keeper therof to receave him into the said tollbwith and detaine him therin till furder order

1. NRS, PC2/26, 109v.

1. NRS, PC2/26, 109v.