Tag Archives: January

Act, 29 January 1695, Edinburgh

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Edinburgh The Twentie nynth day of January Jaj vjc nyntie five years

D1695/1/431

Act

Act William Beattie for a bridge.

Anent a Petition given in to the Lords of his majesties privy Councill be William Beattie late baillie of Bervie, Shewing That quher upon ane former applicatione to the saids Lords ther was ane Contrabutione appointed for building of a bridge upon the Watter of Bervie So usefull and necessar for all travellers to the north of Scotland and the petitioner being intrusted therwith did undertake the samen and fund Caution at the same tyme and befor the saids Lords for the petitioners faithfull Discharge of the aid trust which the petitioner hath also endeavored to acquyt himself at the sight of the Commissioners of the Shyre as ane declaratione under ther hands therwith produced would attest, And seing that the said bridge Consisting of two Large arches is now a great way Advanced, and the two pends of the same being Compleatly Clossed It were a double and Irreparable Loss if it should now be deserted and not be Caried on to perfectione, the money the petitioner has received upon ther Lordships former act for ane voluntar Contributione be north the watter of Tay and Likewayes upon the act for the vacand stipend of Eccles Greig being all expended and upwards of the soume of one thousand four hundred fiftie four pund more of the petitioners oun money, Conforme to ane particular acompt Likewayes therwith produced So that by tradsmens Computatione besides what he hade allready depursed of his oun money It would Requyre Two Thousand six hundred merks more to Compleat the same and the work being most necessary and of universall concerne to the haill kingdome especially to such as travell to the north of Scotland And such works being Comonly and most Justly reckoned amongst pious and Charitable works The petitioner most in all humulity apply to the saids Lords as the first encouragers of that good work according to ther former act of Councill for ane voluntar Contrabutione therwith produced to the effect ther Lordships would hold hand to it and to grant the petitioner ane act in his favors for ane voluntar Contrabution to be uplifted and raised out of all the Shyres of this kingdome be south the watter of Tay, And Therfore humbly Supplementing the saids Lords to the effect aftermentioned The Lords of his majesties privy Councill Haveing Considered the above petitione given in to them be the above William Beattie with the wrytes mentioned therin and produced therwith, They heirby allow a voluntar Contrabutione to be made within all the paroch Churches and meeting houses within this kingdome be south the watter of Tay for building or perfyteing a bridge which is allready begune to be built upon the watter of Bervie, and that upon any day the petitioner shall think Convenient in this present year Jaj vjc nyntie five And nominats and appoints the petitioner to be Collector for uplifting the said Contrabutione In Respect the petitioner before extracting heirof has given bond and found suficient2 Cautione acted in the books of privy Councill that he shall apply the soumes that shall be so voluntarly Collected and ingathered be him upon the building or perfecting of the said bridge and that he shall hold compt therfore to the Lords of privy Councill under the penalty of five Hundred merks scots by and attour the performance of the premisses and allowes these presents to be printed and appoints the same to be publictly intimat in the said Churches and meeting housses upon the Lords day Immediatly preceiding the said day of Collectione.

Edinburgh The Twentie nynth day of January Jaj vjc nyntie five years

D1695/1/431

Act

Act William Beattie for a bridge.

Anent a Petition given in to the Lords of his majesties privy Councill be William Beattie late baillie of Bervie, Shewing That quher upon ane former applicatione to the saids Lords ther was ane Contrabutione appointed for building of a bridge upon the Watter of Bervie So usefull and necessar for all travellers to the north of Scotland and the petitioner being intrusted therwith did undertake the samen and fund Caution at the same tyme and befor the saids Lords for the petitioners faithfull Discharge of the aid trust which the petitioner hath also endeavored to acquyt himself at the sight of the Commissioners of the Shyre as ane declaratione under ther hands therwith produced would attest, And seing that the said bridge Consisting of two Large arches is now a great way Advanced, and the two pends of the same being Compleatly Clossed It were a double and Irreparable Loss if it should now be deserted and not be Caried on to perfectione, the money the petitioner has received upon ther Lordships former act for ane voluntar Contributione be north the watter of Tay and Likewayes upon the act for the vacand stipend of Eccles Greig being all expended and upwards of the soume of one thousand four hundred fiftie four pund more of the petitioners oun money, Conforme to ane particular acompt Likewayes therwith produced So that by tradsmens Computatione besides what he hade allready depursed of his oun money It would Requyre Two Thousand six hundred merks more to Compleat the same and the work being most necessary and of universall concerne to the haill kingdome especially to such as travell to the north of Scotland And such works being Comonly and most Justly reckoned amongst pious and Charitable works The petitioner most in all humulity apply to the saids Lords as the first encouragers of that good work according to ther former act of Councill for ane voluntar Contrabutione therwith produced to the effect ther Lordships would hold hand to it and to grant the petitioner ane act in his favors for ane voluntar Contrabution to be uplifted and raised out of all the Shyres of this kingdome be south the watter of Tay, And Therfore humbly Supplementing the saids Lords to the effect aftermentioned The Lords of his majesties privy Councill Haveing Considered the above petitione given in to them be the above William Beattie with the wrytes mentioned therin and produced therwith, They heirby allow a voluntar Contrabutione to be made within all the paroch Churches and meeting houses within this kingdome be south the watter of Tay for building or perfyteing a bridge which is allready begune to be built upon the watter of Bervie, and that upon any day the petitioner shall think Convenient in this present year Jaj vjc nyntie five And nominats and appoints the petitioner to be Collector for uplifting the said Contrabutione In Respect the petitioner before extracting heirof has given bond and found suficient2 Cautione acted in the books of privy Councill that he shall apply the soumes that shall be so voluntarly Collected and ingathered be him upon the building or perfecting of the said bridge and that he shall hold compt therfore to the Lords of privy Councill under the penalty of five Hundred merks scots by and attour the performance of the premisses and allowes these presents to be printed and appoints the same to be publictly intimat in the said Churches and meeting housses upon the Lords day Immediatly preceiding the said day of Collectione.

1. NRS, PC2/25, 162v-163v.

2. Insertion.

1. NRS, PC2/25, 162v-163v.

2. Insertion.

Act, 29 January 1695, Edinburgh

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Edinburgh The Twentie nynth day of January Jaj vjc nyntie five years

D1695/1/421

Act

Act Young and Sibbald

Anent the Petition given in to the Lords of his majesties privy Councill be Mr James Young writter in Edinburgh Inventor and Patrick Sibbald Lock Smith ther maker of the Lock aftermentioned Shewing That the petitioners haveing invented and made ane new sort of Lock ther to Show, Which gives ane account how oft it is opened, and Consequently may be very usefull in many casses, As Primo Tho the key were lost and found be another persone It discovers if that person has opened the Lock Secundo If your servant should steall the key sometimes and take things out of the roume or Cabinet It discovers how oft they have done it Tertio if yow find one of your servants is dishonest, But know not whom to Challange This Lock may sett yow on the right man Quarto if yow have any roumes with fyne furniture, pictures, Glasses, or Curiosities if you desyre your servants not to lett any of ther Accquantance in to see the roome least they abuse or break any thing in it, Tho you Leave them the key, as in some cases it is necessary, yet this Lock discovers if they break your orders and how oft, Quinto If yow be Sick and most intrust your keyes to a Servant this Lock discovers if he takes occasione when yow are a Sleep to look into your Cabanet Sexto It is very fitt to be put upon wyne Sellers Pantries, Cabinets and severall other things to long to trouble the saids Lords with And the petitioners conceaving that they would be of publict use and for the publict good Especially seing their Locks may tend to frighten Servants into honesty, and seing the petitioners Can make the saids Locks for fiftein shilling sterling a peice or more Conforme to the fynnes of the work and being the saids Lords practise to allow Inventars the sole benefite of their Inventione for some time and to debarr others from making use therof, And the petitioners being the true Inventers and makers And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned The Lords of his majesties privy Councill, Haveing Considered this petitione Given in to them be the above Mr James Young and Patrick Sibbald Doe heirby allow the petitioners ther airs executors and assigneyes and such as shall be Impoured by them the sole benefite of makeing the said Locks or like them and that for the space of Fyftein years Comenceing from the date heirof under the paine of Confiscatione of the Locks Which shall be made to the use of the petitioners and ther forsaids and such other penaltie toties quoties as the saids Lords of privy Councill shall think fit Reserveing allwayes to the saids Lords to modifie the pryce of the saids Locks from time to time as they shall find Just.

Edinburgh The Twentie nynth day of January Jaj vjc nyntie five years

D1695/1/421

Act

Act Young and Sibbald

Anent the Petition given in to the Lords of his majesties privy Councill be Mr James Young writter in Edinburgh Inventor and Patrick Sibbald Lock Smith ther maker of the Lock aftermentioned Shewing That the petitioners haveing invented and made ane new sort of Lock ther to Show, Which gives ane account how oft it is opened, and Consequently may be very usefull in many casses, As Primo Tho the key were lost and found be another persone It discovers if that person has opened the Lock Secundo If your servant should steall the key sometimes and take things out of the roume or Cabinet It discovers how oft they have done it Tertio if yow find one of your servants is dishonest, But know not whom to Challange This Lock may sett yow on the right man Quarto if yow have any roumes with fyne furniture, pictures, Glasses, or Curiosities if you desyre your servants not to lett any of ther Accquantance in to see the roome least they abuse or break any thing in it, Tho you Leave them the key, as in some cases it is necessary, yet this Lock discovers if they break your orders and how oft, Quinto If yow be Sick and most intrust your keyes to a Servant this Lock discovers if he takes occasione when yow are a Sleep to look into your Cabanet Sexto It is very fitt to be put upon wyne Sellers Pantries, Cabinets and severall other things to long to trouble the saids Lords with And the petitioners conceaving that they would be of publict use and for the publict good Especially seing their Locks may tend to frighten Servants into honesty, and seing the petitioners Can make the saids Locks for fiftein shilling sterling a peice or more Conforme to the fynnes of the work and being the saids Lords practise to allow Inventars the sole benefite of their Inventione for some time and to debarr others from making use therof, And the petitioners being the true Inventers and makers And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned The Lords of his majesties privy Councill, Haveing Considered this petitione Given in to them be the above Mr James Young and Patrick Sibbald Doe heirby allow the petitioners ther airs executors and assigneyes and such as shall be Impoured by them the sole benefite of makeing the said Locks or like them and that for the space of Fyftein years Comenceing from the date heirof under the paine of Confiscatione of the Locks Which shall be made to the use of the petitioners and ther forsaids and such other penaltie toties quoties as the saids Lords of privy Councill shall think fit Reserveing allwayes to the saids Lords to modifie the pryce of the saids Locks from time to time as they shall find Just.

1. NRS, PC2/25, 162r-162v.

1. NRS, PC2/25, 162r-162v.

Commission by the Council, 29 January 1695, Edinburgh

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Edinburgh The Twentie nynth day of January Jaj vjc nyntie five years

D1695/1/411

Commission by the Council

Act and Commission The Earle of Broadalbine.

Anent the petition given in to the Lords of ther majesties privy Councill be John Earle of Broadalbine Shewing That dureing the late troubles and insurrectione in the highlands his house of Finlarig was pitched upon to be a Garison and severall of his majesties forces Lodged ther against the Enemy Who as is ordinary in such Casses did extreamly spoill the house Demolish all the timber work therof and render it wholly inhabitable so that to this day It hath Continued in that ruinous state Lykeas they also defaced the Chappell and buriall place of the petitioners ancestors adjoyned to the house turning the same to a Stable and Comitted other great wastes about the house and yeards, Which need not heir be particularly specified And seing It is Reasonable that the forsaid Loss that the petitioner have sufered should be Cognosced and tryed to the end it may be Considered by the Justice of the Government and the petitioner repaired as is usuall in the like cases And Therfore Humbly Supplicating to the effect aftermentioned The Lords of his Majesties privy Councill Haveing Considered this petitione given in to them be the above Earle of Broadalbine They heirby give Full power, Warrand and Commissione To Duncan Toshacto of Monybaird Baillie of the Baillziarie of Deshar and Toyar with the Concurrance of Duncan Campbell of Auchlyne, Alexander Campbell of Ardeneuch Duncan Campbell of Etremuchtie and Robert Stirline of Stuix or any two of them heritors of the nighbourhead to take tryall of the Losses mentioned in the bill sustained by the petitioner and for that effect to take the oaths of the witnesses or skilled persones such as massones wrights or the like and all other probation necessary for Clearing of the matter and for that effect gives full power to the baillie to Issue furth precepts for citeing of the saids witnesses and other persones forsaids and appoints the probatione which shall be adduced be vertue heirof to be transmitted and reported to the saids Lords of privy Councill to be advyssed by them that they may give ther farder orders theranent.

Edinburgh The Twentie nynth day of January Jaj vjc nyntie five years

D1695/1/411

Commission by the Council

Act and Commission The Earle of Broadalbine.

Anent the petition given in to the Lords of ther majesties privy Councill be John Earle of Broadalbine Shewing That dureing the late troubles and insurrectione in the highlands his house of Finlarig was pitched upon to be a Garison and severall of his majesties forces Lodged ther against the Enemy Who as is ordinary in such Casses did extreamly spoill the house Demolish all the timber work therof and render it wholly inhabitable so that to this day It hath Continued in that ruinous state Lykeas they also defaced the Chappell and buriall place of the petitioners ancestors adjoyned to the house turning the same to a Stable and Comitted other great wastes about the house and yeards, Which need not heir be particularly specified And seing It is Reasonable that the forsaid Loss that the petitioner have sufered should be Cognosced and tryed to the end it may be Considered by the Justice of the Government and the petitioner repaired as is usuall in the like cases And Therfore Humbly Supplicating to the effect aftermentioned The Lords of his Majesties privy Councill Haveing Considered this petitione given in to them be the above Earle of Broadalbine They heirby give Full power, Warrand and Commissione To Duncan Toshacto of Monybaird Baillie of the Baillziarie of Deshar and Toyar with the Concurrance of Duncan Campbell of Auchlyne, Alexander Campbell of Ardeneuch Duncan Campbell of Etremuchtie and Robert Stirline of Stuix or any two of them heritors of the nighbourhead to take tryall of the Losses mentioned in the bill sustained by the petitioner and for that effect to take the oaths of the witnesses or skilled persones such as massones wrights or the like and all other probation necessary for Clearing of the matter and for that effect gives full power to the baillie to Issue furth precepts for citeing of the saids witnesses and other persones forsaids and appoints the probatione which shall be adduced be vertue heirof to be transmitted and reported to the saids Lords of privy Councill to be advyssed by them that they may give ther farder orders theranent.

1. NRS, PC2/25, 161r-161v.

1. NRS, PC2/25, 161r-161v.

Procedure: remission, 29 January 1695, Edinburgh

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Edinburgh The Twentie nynth day of January Jaj vjc nyntie five years

D1695/1/401

Procedure: remission

Remitt Stivenson and Greir Against Greg and Malloch

Anent Our Soveraigne Lord and Ladies Letters raised and pursued before the Lords of their Majesties privy Councill at the instance of John Stivensone smith in Leith and Sarrah Grier his Wife Mentioning That wher the violent intrudeing in other mens Lands and the ejecting of the Righteous propriators and ther tennets from the legall Just and peacable possessione of the same and that without any Collour or pretence of Law are Crymes of a high Nature and Severly punishable yet true It is That upon the Twenty seventh day of March Last by past James Greig barbour in the Cannogate and Robert Malloch merchant in Edinburgh with severall others ther accomplices Did come to the tenement of land in North Leith pertaineing to the saids pursuers and ther by Open violence in a most Illegall and violent maner sumarly at their oun hands did eject Isobell Forrest and Christian Barclay tenents to the pursuers in one of the houses of the said tenement and did break open the doors of that and the remanent houses of the said tenemant and did eject and Cast out David Duncan seaman out of his legall and peaceable possesione and forced the rest of the tennants to take ther housses of them and did strick of Locks from off2 all the Doors of the saids housses and put new Locks of ther oun, and did severall other acts of Ryot violence and oppressione and at last Did enter themselves to the violent and wrongeous possessione of the said pursuers lands and severall housses therof, Wherof the saids pursuers were in the legall and peacable possessione and all this without any title Collour or pretence of Law Wherby it may evidently appear to the Lords of privy Councill that the said James Greig and Robert Malloch and ther saids accomplices are guilty of ane high and manifast Ryot injurie and oppressione Contrary to the Lawes and acts of parliament in this kingdome And Therfore they ought and should be Decerned be the saids Lords ther Decreet not only to restore and reenter the said pursuers to ther Legall and peacable possession of ther said tanement and haill housses therof to be peacably enjoyed and possessed be them and ther tennents in time Comeing as they brooked and possessed the same before the said James Greig and Robert Malloch ther violent intrussione therin They should be Decerned to decist from all farder troubling and molesting them in ther possession in time comeing, But also they ought and should be Decerned to make payment to the saids pursuers of the soume of ane Thousand merks Scots money for Coast skaith damnadge and expenses sustained be them in the said matter, And besides should be severly punished in ther persones and Goods to the terror of others to Comitt the like in time Comeing and Anent the Charge given to the saids defenders To have Compeired before the saids Lords upon ane Certaine day bygone To have answered to the grounds of the above Complaint and to have heard and seen such order and Course taken theranent as appertained under the paine of Rebellione with Certificatione etc as the said Lybell and executiones more fully bears The Which Lybell being upon the thretein day of Aprill Jaj vjc nyntie thrie years Called in presence of the saids Lords And the pursuers Compeiring personally with Sir James Ogilvie ther majesties solicitor and Mr David Douglas ther advocats And the defenders Compeiring also personally with Sir Robert Coult ther advocat The saids Lords haveing heard both parties and ther advocats and Considered the Lybell and answers therto They Remitted to a Committie of ther oun number to examine the witnesses Cited Compeiring and makeing faith at the barr and accordingly the said Committie haveing mett they examined Diverse famose Witnesses as their oathes and Depositiones extant in proces bears And the said Lybell being this day againe Considered The saids Lords of his Majesties privy Councill have Remitted and heirby Remits the same to be persewed Insisted in and determined before the Judge ordinary.

Edinburgh The Twentie nynth day of January Jaj vjc nyntie five years

D1695/1/401

Procedure: remission

Remitt Stivenson and Greir Against Greg and Malloch

Anent Our Soveraigne Lord and Ladies Letters raised and pursued before the Lords of their Majesties privy Councill at the instance of John Stivensone smith in Leith and Sarrah Grier his Wife Mentioning That wher the violent intrudeing in other mens Lands and the ejecting of the Righteous propriators and ther tennets from the legall Just and peacable possessione of the same and that without any Collour or pretence of Law are Crymes of a high Nature and Severly punishable yet true It is That upon the Twenty seventh day of March Last by past James Greig barbour in the Cannogate and Robert Malloch merchant in Edinburgh with severall others ther accomplices Did come to the tenement of land in North Leith pertaineing to the saids pursuers and ther by Open violence in a most Illegall and violent maner sumarly at their oun hands did eject Isobell Forrest and Christian Barclay tenents to the pursuers in one of the houses of the said tenement and did break open the doors of that and the remanent houses of the said tenemant and did eject and Cast out David Duncan seaman out of his legall and peaceable possesione and forced the rest of the tennants to take ther housses of them and did strick of Locks from off2 all the Doors of the saids housses and put new Locks of ther oun, and did severall other acts of Ryot violence and oppressione and at last Did enter themselves to the violent and wrongeous possessione of the said pursuers lands and severall housses therof, Wherof the saids pursuers were in the legall and peacable possessione and all this without any title Collour or pretence of Law Wherby it may evidently appear to the Lords of privy Councill that the said James Greig and Robert Malloch and ther saids accomplices are guilty of ane high and manifast Ryot injurie and oppressione Contrary to the Lawes and acts of parliament in this kingdome And Therfore they ought and should be Decerned be the saids Lords ther Decreet not only to restore and reenter the said pursuers to ther Legall and peacable possession of ther said tanement and haill housses therof to be peacably enjoyed and possessed be them and ther tennents in time Comeing as they brooked and possessed the same before the said James Greig and Robert Malloch ther violent intrussione therin They should be Decerned to decist from all farder troubling and molesting them in ther possession in time comeing, But also they ought and should be Decerned to make payment to the saids pursuers of the soume of ane Thousand merks Scots money for Coast skaith damnadge and expenses sustained be them in the said matter, And besides should be severly punished in ther persones and Goods to the terror of others to Comitt the like in time Comeing and Anent the Charge given to the saids defenders To have Compeired before the saids Lords upon ane Certaine day bygone To have answered to the grounds of the above Complaint and to have heard and seen such order and Course taken theranent as appertained under the paine of Rebellione with Certificatione etc as the said Lybell and executiones more fully bears The Which Lybell being upon the thretein day of Aprill Jaj vjc nyntie thrie years Called in presence of the saids Lords And the pursuers Compeiring personally with Sir James Ogilvie ther majesties solicitor and Mr David Douglas ther advocats And the defenders Compeiring also personally with Sir Robert Coult ther advocat The saids Lords haveing heard both parties and ther advocats and Considered the Lybell and answers therto They Remitted to a Committie of ther oun number to examine the witnesses Cited Compeiring and makeing faith at the barr and accordingly the said Committie haveing mett they examined Diverse famose Witnesses as their oathes and Depositiones extant in proces bears And the said Lybell being this day againe Considered The saids Lords of his Majesties privy Councill have Remitted and heirby Remits the same to be persewed Insisted in and determined before the Judge ordinary.

1. NRS, PC2/25, 160r-161r.

2. Insertion.

1. NRS, PC2/25, 160r-161r.

2. Insertion.

Sederunt, 29 January 1695, Edinburgh

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Edinburgh The Twentie nynth day of January Jaj vjc nyntie five years1

D1695/1/392

Sederunt

Earl of Anandale pres; Earl of Melvill p: s:; Earl of Mortone; Earl of Cassills; Earl of Leven; Earl of Forfar; Earl of Broadalbine; Lord Murray; Viscount Tarbat; Lord Raith T: d:; Lord Carmicheall; Lord Polwarth; Lord Advocat; Laird of Grant; Laird of Leyes.

Edinburgh The Twentie nynth day of January Jaj vjc nyntie five years1

D1695/1/392

Sederunt

Earl of Anandale pres; Earl of Melvill p: s:; Earl of Mortone; Earl of Cassills; Earl of Leven; Earl of Forfar; Earl of Broadalbine; Lord Murray; Viscount Tarbat; Lord Raith T: d:; Lord Carmicheall; Lord Polwarth; Lord Advocat; Laird of Grant; Laird of Leyes.

1. NRS, PC2/25, 160r.

2. NRS, PC2/25, 160r.

1. NRS, PC2/25, 160r.

2. NRS, PC2/25, 160r.

Order, 24 January 1695, Edinburgh

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Edinburgh the Twentie fourth day of January Jaj vjc nyntie five years

D1695/1/381

Order

Recomendation Johnston and Mcintyre Souldiers

Anent a Petition given in to the Lords of his Majesties privy Councill be Robert Johnstone and Neill Mcintyre Souldiers Shewing That the poor petitioners by reasone of their extraordinary poverty and inability to serve his majestie any longer as Souldiers yett ther passess from Coll Collingwood and Captain Wyldbore and are Recomended to the bowells and Compassione of all good Christians and faithfull subjects as very proper objects of Charity as ther pass therwith produced under the secretaries hand would testifie, And Therfore humbly Craveing the Saids Lords would pity ther Conditione and allow them Some Charity out of ther Majesties Exchequer as others in the like cases hade gotten as the petition bears The Lords of his Majesties privy Councill having Considered this petition Given in to them be the above Robert Johnstoune and Neill Mcintyre They heirby Recomend to the Lords Commissioners of his Majesties thesaury To give such allowance to the petitioners as they have allready done to others in the like Circumstances.

Edinburgh the Twentie fourth day of January Jaj vjc nyntie five years

D1695/1/381

Order

Recomendation Johnston and Mcintyre Souldiers

Anent a Petition given in to the Lords of his Majesties privy Councill be Robert Johnstone and Neill Mcintyre Souldiers Shewing That the poor petitioners by reasone of their extraordinary poverty and inability to serve his majestie any longer as Souldiers yett ther passess from Coll Collingwood and Captain Wyldbore and are Recomended to the bowells and Compassione of all good Christians and faithfull subjects as very proper objects of Charity as ther pass therwith produced under the secretaries hand would testifie, And Therfore humbly Craveing the Saids Lords would pity ther Conditione and allow them Some Charity out of ther Majesties Exchequer as others in the like cases hade gotten as the petition bears The Lords of his Majesties privy Councill having Considered this petition Given in to them be the above Robert Johnstoune and Neill Mcintyre They heirby Recomend to the Lords Commissioners of his Majesties thesaury To give such allowance to the petitioners as they have allready done to others in the like Circumstances.

1. NRS, PC2/25, 159v.

1. NRS, PC2/25, 159v.

Act, 24 January 1695, Edinburgh

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Edinburgh the Twentie fourth day of January Jaj vjc nyntie five years

D1695/1/371

Act

Act The Burgh of Pearth

Anent the petition given in to the Lords of his Majesties privy Councill be The Provest Baillies and Toune Councell of Pearth Shewing That quher the petitioners Considering the inconveniencie throw the want of a Councill Chamber and a Chamber for ther Records and a necessary packhouse, The toune Councill haveing been keept hither to in a Corner of the Kirk sessione is in use to meet And ther Records having been often removed from one privat Chamber to another as the Clerk Could best dispose one them, And ther having been no setled packhouse in ther burgh to this day, Therfore they after mature deliberation Did by act of ther Councill ordaine a Councill Chamber with a Chamber for ther Records and a pack house to be built at the publict Charge of the burgh, and out of the yearly revenues therof And have accordingly made Some preparationes for Carieing and perfyteing so good and necessary a work notwithstanding quherof It hath pleased some of ther magistrats and Councill who at first Joyned with them now to Seperat from them and to reclaime against the necessity of the said work and to take protestationes and instruments against them Which tends not only to the weakening of ther hands, But may Likewayes prove a seed of plea and Contentione Unles remeedy be provyded therto, And seing that the Oversight and directione of all such works and the preventing of Contests and Dissorders that may arise above the same doeth soveraignely belong to the saids Lords who are intrusted by the government and Conservatione of the peace of the kingdome. Especially of their Majesties Royall burghes within the same And Therfore Humbly suplicating the saids Lords to the effect aftermentioned The Lords of his Majesties privy Councill Haveing Considered this petition given in to them be the above provest baillies and toune Councill of Pearth They doe heirby Interpose ther authoritie to the said act of the Toune Councill and appoints the works above mentioned to be Caried on and perfected.

Edinburgh the Twentie fourth day of January Jaj vjc nyntie five years

D1695/1/371

Act

Act The Burgh of Pearth

Anent the petition given in to the Lords of his Majesties privy Councill be The Provest Baillies and Toune Councell of Pearth Shewing That quher the petitioners Considering the inconveniencie throw the want of a Councill Chamber and a Chamber for ther Records and a necessary packhouse, The toune Councill haveing been keept hither to in a Corner of the Kirk sessione is in use to meet And ther Records having been often removed from one privat Chamber to another as the Clerk Could best dispose one them, And ther having been no setled packhouse in ther burgh to this day, Therfore they after mature deliberation Did by act of ther Councill ordaine a Councill Chamber with a Chamber for ther Records and a pack house to be built at the publict Charge of the burgh, and out of the yearly revenues therof And have accordingly made Some preparationes for Carieing and perfyteing so good and necessary a work notwithstanding quherof It hath pleased some of ther magistrats and Councill who at first Joyned with them now to Seperat from them and to reclaime against the necessity of the said work and to take protestationes and instruments against them Which tends not only to the weakening of ther hands, But may Likewayes prove a seed of plea and Contentione Unles remeedy be provyded therto, And seing that the Oversight and directione of all such works and the preventing of Contests and Dissorders that may arise above the same doeth soveraignely belong to the saids Lords who are intrusted by the government and Conservatione of the peace of the kingdome. Especially of their Majesties Royall burghes within the same And Therfore Humbly suplicating the saids Lords to the effect aftermentioned The Lords of his Majesties privy Councill Haveing Considered this petition given in to them be the above provest baillies and toune Councill of Pearth They doe heirby Interpose ther authoritie to the said act of the Toune Councill and appoints the works above mentioned to be Caried on and perfected.

1. NRS, PC2/25, 159r-159v.

1. NRS, PC2/25, 159r-159v.

Act, 24 January 1695, Edinburgh

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Edinburgh the Twentie fourth day of January Jaj vjc nyntie five years

D1695/1/361

Act

Act The Lady Rentoune against The Laird her husband

Anent the petitione given in to the Lords of his majesties privy Councill be Dame Margaret Scot of Rentoune for her self and Childrein Humbly Sheweth That being unjustly and without Cause abandoned and Deserted by Sir Alexander Home of Rentoune the petitioners husband and abused and betrayed by his freinds to the outer ruine of the petitioner and her poor Cheldrein she does in all humility and earnestness obtest the saids Lords to hear and Consider her caice as Followes The deceast Sir John Home of Rentoune the petitioners husbands father being resolved to setle and secure his estate to his oun posterity and with all Conformed of her husbands weaknes and unfitnes to manage his estate and affairs answerably to the forsaid designe was pleased first to make a taylzie of his estate In favors of the said Sir Alexander and the airs male of his body Which failzieing in favors of Sir Patrick Home his brother and the other airs therinmentioned With strict Irrittances in case of Sir Alexander or any of the airs of Taylie should Contract debt or doe any other deed quherby the taylie might be broken or frustrat and then Considering both Sir Alexanders Conditione and the burdein of debt that was upon his estate, And Finding that both nature reasone and Sir Patrick his educatione did recomend him to that manadgment for which Sir Alexander was unfitt Sir John Grants a factory to Sir Patrick for uplifting the rents of the estate oblidging therby to exact dilligence and to apply his intromissiones to the purging of debts to the effect that so sone as the estate was Disburdened the factory or tack should become void and in the mean time ther is appointed and alocat to Sir Alexander ane aliement of Thrie thousand merks yearly and this factory which in its plaine and obvious Import was ane honest interdictione Sir Patrick accepted and entering upon the manadgment at mertimiss Jaj vjc seventie one was abundantly dilligent to intromitt But with so ill success as to the Discharge of his trust That dureing his twentie thrie years possession of ane estate estimat at twelue Thousand merks yearly he hath never pay’d one six pence of debt either principall or annualrents otherwayes then by taking assignationes in his oun or in his trusties name But he being oblidged by his factory to compt yearly and ther haveing been a Compt and reckoning Depending against him now these twenty years In which ther is such a prodecor made as by a dew applicatione of the interloquitor given theron and the Advyseing of some discoveries lately made of Concealled rentalls the wholl debt which upon a right Computatione did not exceid Eightie Thousand merks of principall might be satisfied and extinguished Sir Patrick to avoid this visible hazard taking advantage of the petitioners husbands weaknes which is but to weell knowen did the time of this last vacatione use his oun means and methods with him and at length elicits and obtains from him a totall Discharge of all his forsaid intromissions and Omissiones and of all soumes claimes and questiones quhatsomever and specially of the forsaid Depending compt and reckoning upon no better a narrative then that Sir Patrick hade Compted to Sir Alexander which is not only false, But it is But to nottourly known that Sir Alexander is not in a Condition to receive any such account besides that this discharge was gott from Sir Alexander without any other witnes to the treaty or the subscryveing save Sir Patricks oun Servants and Mr John Dallas writter and all that appears to be given on Sir Patricks part for this so advantageous a discharge, Which in effect Imports no Less then the Estalishing of all his adjudicationes and the giving to him the totall and Irredeemable right of the Estates of Rantoune was ane obleisment for thrie thousand merks ore of annuity to Sir Alexander dureing his life, 2 This being the sad part of the petitioners desaster from Sir Patrick the petitioners husbands brother and Trustie who by the forsaid surprizeing abuse has in effect subverted his brothers familly and ruined the petitioner and her Cheldrein her misfortune is no Less Calamitous upon the petitioners husbands part who being weak and Mellancholly hath now for these four years bygone wholly Deserted the petitioners Company and society and alse abandoned the intertainement and educatione of ther Tuo Cheldrein wherby ther Lordships might plainly perceive to what a Lamentable extreamity the petitioner is reduced and this her necessity is in effect so much the more increased that the petitioner cannot in duty or Conscience neglect to doe what the petitioner can for haveing the forsaid Compt and reckoning Still Caried one, and the forsaid unwarrantable Discharge with all deeds of the like nature that Sir Patrick may have elicit from his brother Contrair to the trust reposed in him and alse inhibitione served against him Reduced and Rescinded And Seing that not only the petitioner and her Childrein are left destitute, Which the saids Lord might plainly perceive even of ther dayly bread and necessary subsistance But also that they have Caused raised the actiones necessary for repairing the forsaid injuries and restoreing the petitioners poor Childrein against the forsaid Contryvances in the names of her freinds at whose instance executione is provyded to pass by her Contract of mariadge for Implement of the provisiones Conceived in favors of the petitioner and her Cheldrein and that it belongs to the saids Lords as the last refuge of the afflicted and oppressed to provyde the remedies necessary And Therfore Humbly Craveing the saids Lords In Consideratione of her sad misfortune and extream necessity appoint and modifie to her and her said Cheldrein a Competent aliement such as may be suitable for the petitioners ther intertainment educatione of the Childrein the prosecutione of their Just rights to be payed by the petitioners said husband and Sir Patrick in such maner as ther Lordships shall Judge reasonable and for that end to ordine them and especially Sir Patrick upon whom the wholl stress of the affair turnes to answer sumarly according to the saids Lords ordinary practises in the like Cases. as the said petitione bears Which petitione being upon the fiftein day of November Jaj vjc nyntie four Read in presence of the saids Lords They allowed the said Laird of Rentoune and Sir Patrick Home to see and answer the same againe Tuesday then nixt to come, And they haveing accordingly given in answers therto The said petitione and answers was againe read upon the fourth day of December Last by past and both parties being Called Compeired Mr Hew Dalrymple Mr George Alexander and Mr John Frank advocats for the Lady, And the said Sir Patrick Home Compeiring personally with Sir James Ogilvie Advocat for him and the 3 Laird of Renoune And both parties Being fully heard, The saids Lords Having Considered the bill and answers made therto for the Laird and Sir Patrick with the wrytes produced for either partie They Remitted to a Comittie of ther oun number to Call for and hear both the saids parties And endeavor to setle and agree them in the matter Contained in the said petitione and incase of Deficulty to report ther opinion in the haill matter to the Councill And the said Comittie haveing accordingly mett and Called for and heard both parties or ther Advocats for them They made ther Report to the Councill accordingly And The saids Lords of their Majesties privy Councill Having this day Considered the Committies Report Doe heirby of Consent of the Lady under the protestatione made by her after insert, and of the said Sir Alexander her husband Or his Advocats for him under the protestation made for him in the Contrary Likwayes after insert Decerne and Ordaine the said Sir Alexander to make payment to Dame Margret Scot his Lady for the Soume of Two Thousand merks yearly for the aliement of her and her Childrein Commenceing from the terme of mertmiss Last begining the first quarters payment therof at the terme of Candlmiss nixt as for the quarter preceiding and so furth quarterly to Continue dureing the lifetime of the said Sir Alexander, And for farder Security to the Lady anent the payment of the said aliement Ordaines the said Sir Alexander to assigne her to as much of the first and readiest of the lands of Horsbie Swansfeild and the press as will satisfie and pay the same and this under the protestation made by the Lady That the same shall be no homologation of 4any right which Sir Patrick Home has or does pretend to the Lands and estate of Rentoune or any part therof be vertue of the late transactione past betwixt him and the said Sir Alexander Home of Rentoune his brother And Under protestation made be Sir Alexander the Ladies husband in the Contrary And assoylies the said petitions so farr as they extend against him In Relation to the Ladies aliement And ordaines letters of horning One fiftein dayes and other executiones needfull to pass heirupon in forme as effeirs.

Edinburgh the Twentie fourth day of January Jaj vjc nyntie five years

D1695/1/361

Act

Act The Lady Rentoune against The Laird her husband

Anent the petitione given in to the Lords of his majesties privy Councill be Dame Margaret Scot of Rentoune for her self and Childrein Humbly Sheweth That being unjustly and without Cause abandoned and Deserted by Sir Alexander Home of Rentoune the petitioners husband and abused and betrayed by his freinds to the outer ruine of the petitioner and her poor Cheldrein she does in all humility and earnestness obtest the saids Lords to hear and Consider her caice as Followes The deceast Sir John Home of Rentoune the petitioners husbands father being resolved to setle and secure his estate to his oun posterity and with all Conformed of her husbands weaknes and unfitnes to manage his estate and affairs answerably to the forsaid designe was pleased first to make a taylzie of his estate In favors of the said Sir Alexander and the airs male of his body Which failzieing in favors of Sir Patrick Home his brother and the other airs therinmentioned With strict Irrittances in case of Sir Alexander or any of the airs of Taylie should Contract debt or doe any other deed quherby the taylie might be broken or frustrat and then Considering both Sir Alexanders Conditione and the burdein of debt that was upon his estate, And Finding that both nature reasone and Sir Patrick his educatione did recomend him to that manadgment for which Sir Alexander was unfitt Sir John Grants a factory to Sir Patrick for uplifting the rents of the estate oblidging therby to exact dilligence and to apply his intromissiones to the purging of debts to the effect that so sone as the estate was Disburdened the factory or tack should become void and in the mean time ther is appointed and alocat to Sir Alexander ane aliement of Thrie thousand merks yearly and this factory which in its plaine and obvious Import was ane honest interdictione Sir Patrick accepted and entering upon the manadgment at mertimiss Jaj vjc seventie one was abundantly dilligent to intromitt But with so ill success as to the Discharge of his trust That dureing his twentie thrie years possession of ane estate estimat at twelue Thousand merks yearly he hath never pay’d one six pence of debt either principall or annualrents otherwayes then by taking assignationes in his oun or in his trusties name But he being oblidged by his factory to compt yearly and ther haveing been a Compt and reckoning Depending against him now these twenty years In which ther is such a prodecor made as by a dew applicatione of the interloquitor given theron and the Advyseing of some discoveries lately made of Concealled rentalls the wholl debt which upon a right Computatione did not exceid Eightie Thousand merks of principall might be satisfied and extinguished Sir Patrick to avoid this visible hazard taking advantage of the petitioners husbands weaknes which is but to weell knowen did the time of this last vacatione use his oun means and methods with him and at length elicits and obtains from him a totall Discharge of all his forsaid intromissions and Omissiones and of all soumes claimes and questiones quhatsomever and specially of the forsaid Depending compt and reckoning upon no better a narrative then that Sir Patrick hade Compted to Sir Alexander which is not only false, But it is But to nottourly known that Sir Alexander is not in a Condition to receive any such account besides that this discharge was gott from Sir Alexander without any other witnes to the treaty or the subscryveing save Sir Patricks oun Servants and Mr John Dallas writter and all that appears to be given on Sir Patricks part for this so advantageous a discharge, Which in effect Imports no Less then the Estalishing of all his adjudicationes and the giving to him the totall and Irredeemable right of the Estates of Rantoune was ane obleisment for thrie thousand merks ore of annuity to Sir Alexander dureing his life, 2 This being the sad part of the petitioners desaster from Sir Patrick the petitioners husbands brother and Trustie who by the forsaid surprizeing abuse has in effect subverted his brothers familly and ruined the petitioner and her Cheldrein her misfortune is no Less Calamitous upon the petitioners husbands part who being weak and Mellancholly hath now for these four years bygone wholly Deserted the petitioners Company and society and alse abandoned the intertainement and educatione of ther Tuo Cheldrein wherby ther Lordships might plainly perceive to what a Lamentable extreamity the petitioner is reduced and this her necessity is in effect so much the more increased that the petitioner cannot in duty or Conscience neglect to doe what the petitioner can for haveing the forsaid Compt and reckoning Still Caried one, and the forsaid unwarrantable Discharge with all deeds of the like nature that Sir Patrick may have elicit from his brother Contrair to the trust reposed in him and alse inhibitione served against him Reduced and Rescinded And Seing that not only the petitioner and her Childrein are left destitute, Which the saids Lord might plainly perceive even of ther dayly bread and necessary subsistance But also that they have Caused raised the actiones necessary for repairing the forsaid injuries and restoreing the petitioners poor Childrein against the forsaid Contryvances in the names of her freinds at whose instance executione is provyded to pass by her Contract of mariadge for Implement of the provisiones Conceived in favors of the petitioner and her Cheldrein and that it belongs to the saids Lords as the last refuge of the afflicted and oppressed to provyde the remedies necessary And Therfore Humbly Craveing the saids Lords In Consideratione of her sad misfortune and extream necessity appoint and modifie to her and her said Cheldrein a Competent aliement such as may be suitable for the petitioners ther intertainment educatione of the Childrein the prosecutione of their Just rights to be payed by the petitioners said husband and Sir Patrick in such maner as ther Lordships shall Judge reasonable and for that end to ordine them and especially Sir Patrick upon whom the wholl stress of the affair turnes to answer sumarly according to the saids Lords ordinary practises in the like Cases. as the said petitione bears Which petitione being upon the fiftein day of November Jaj vjc nyntie four Read in presence of the saids Lords They allowed the said Laird of Rentoune and Sir Patrick Home to see and answer the same againe Tuesday then nixt to come, And they haveing accordingly given in answers therto The said petitione and answers was againe read upon the fourth day of December Last by past and both parties being Called Compeired Mr Hew Dalrymple Mr George Alexander and Mr John Frank advocats for the Lady, And the said Sir Patrick Home Compeiring personally with Sir James Ogilvie Advocat for him and the 3 Laird of Renoune And both parties Being fully heard, The saids Lords Having Considered the bill and answers made therto for the Laird and Sir Patrick with the wrytes produced for either partie They Remitted to a Comittie of ther oun number to Call for and hear both the saids parties And endeavor to setle and agree them in the matter Contained in the said petitione and incase of Deficulty to report ther opinion in the haill matter to the Councill And the said Comittie haveing accordingly mett and Called for and heard both parties or ther Advocats for them They made ther Report to the Councill accordingly And The saids Lords of their Majesties privy Councill Having this day Considered the Committies Report Doe heirby of Consent of the Lady under the protestatione made by her after insert, and of the said Sir Alexander her husband Or his Advocats for him under the protestation made for him in the Contrary Likwayes after insert Decerne and Ordaine the said Sir Alexander to make payment to Dame Margret Scot his Lady for the Soume of Two Thousand merks yearly for the aliement of her and her Childrein Commenceing from the terme of mertmiss Last begining the first quarters payment therof at the terme of Candlmiss nixt as for the quarter preceiding and so furth quarterly to Continue dureing the lifetime of the said Sir Alexander, And for farder Security to the Lady anent the payment of the said aliement Ordaines the said Sir Alexander to assigne her to as much of the first and readiest of the lands of Horsbie Swansfeild and the press as will satisfie and pay the same and this under the protestation made by the Lady That the same shall be no homologation of 4any right which Sir Patrick Home has or does pretend to the Lands and estate of Rentoune or any part therof be vertue of the late transactione past betwixt him and the said Sir Alexander Home of Rentoune his brother And Under protestation made be Sir Alexander the Ladies husband in the Contrary And assoylies the said petitions so farr as they extend against him In Relation to the Ladies aliement And ordaines letters of horning One fiftein dayes and other executiones needfull to pass heirupon in forme as effeirs.

1. NRS, PC2/25, 156v-159r.

2. The words ‘And Therfore Humbly Craveing the saids Lords’ scored out here.

3. The word ‘Lady’ scored out here.

4. The word ‘my’ scored out here.

1. NRS, PC2/25, 156v-159r.

2. The words ‘And Therfore Humbly Craveing the saids Lords’ scored out here.

3. The word ‘Lady’ scored out here.

4. The word ‘my’ scored out here.

Commission by the Council, 24 January 1695, Edinburgh

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D1695/1/351

Commission by the Council

Commission Thomas Young and the Inhabitants of Dunkell

Anent a Petition given in to the Lords of his Majesties privy Councill be Thomas Young in Dunkeld for himself and in name of the rest of the Inhabitants of the said toune be vertue of their speciall Commission Shewing That the late Earle of Angus regiement being quartered in the said toune in August Jaj vjc Eightie nyne did upon the appearing of the highland army in order to attack them for preventing ther possessing of the houses wherby they might be incomoded by fyring upon them out of the Windowes sett the said toune in fyre in severall places Which not only Discouraged the Enemy from Continueing in the toun but forced them to retire with Loss but the flame Continued so violent that in a short time seven score of famillies hade ther housses burnt in Ashes with ther wholl substance and effects not Leaving on standing house in the toune Except the Marquis of Atholls and thrie others By Which Sad and Deplorable Callamity the petitioners and ther famillies are reduced to the greatest extreamity many of them being yet Destitute of all maner of possessiones are oblidged to expose themselves to the Charity of others Which pleased for the pity and Compassione of ther Lordships And Therfore Humbly Craveing the saids Lords would be pleased to take the premisses to their Consideratione and to Grant warrand to the shiref depute of Pearth Comisar of Dunkell or any other ther Lordships thought fitt for taking Cognition of the great Losses and damnadges sustained by the petitioners by the said fyre and that upon report therof The saids Lords would under repairatione of the samen in such way as the saids Lords in ther wisdowm goodnes and Clemancy in this singular deplorable Case will Judge Just as the petition bears The Lords of his majesties privy Councill haveing Considered this petition given in to them be the above Thomas Young and the Inhabitants of Dunkell They heirby Give full power warrand and Commissione to any thrie of the Commisioners of Supply within the shyre of Pearth to take Cognizance of the Losses and damnadges sustained by the petitioners by the above fyre and Report the same to the Lords of privy Councill Togither with the wholl probatione which shall be taken2 be3 them in this affair Whither by wryt witnesses or oath of party or any other maner of way to the effect the same may be Considered be the saids Lords of privy Councill.

Edinburgh the Twentie fourth day of January Jaj vjc nyntie five years

D1695/1/351

Commission by the Council

Commission Thomas Young and the Inhabitants of Dunkell

Anent a Petition given in to the Lords of his Majesties privy Councill be Thomas Young in Dunkeld for himself and in name of the rest of the Inhabitants of the said toune be vertue of their speciall Commission Shewing That the late Earle of Angus regiement being quartered in the said toune in August Jaj vjc Eightie nyne did upon the appearing of the highland army in order to attack them for preventing ther possessing of the houses wherby they might be incomoded by fyring upon them out of the Windowes sett the said toune in fyre in severall places Which not only Discouraged the Enemy from Continueing in the toun but forced them to retire with Loss but the flame Continued so violent that in a short time seven score of famillies hade ther housses burnt in Ashes with ther wholl substance and effects not Leaving on standing house in the toune Except the Marquis of Atholls and thrie others By Which Sad and Deplorable Callamity the petitioners and ther famillies are reduced to the greatest extreamity many of them being yet Destitute of all maner of possessiones are oblidged to expose themselves to the Charity of others Which pleased for the pity and Compassione of ther Lordships And Therfore Humbly Craveing the saids Lords would be pleased to take the premisses to their Consideratione and to Grant warrand to the shiref depute of Pearth Comisar of Dunkell or any other ther Lordships thought fitt for taking Cognition of the great Losses and damnadges sustained by the petitioners by the said fyre and that upon report therof The saids Lords would under repairatione of the samen in such way as the saids Lords in ther wisdowm goodnes and Clemancy in this singular deplorable Case will Judge Just as the petition bears The Lords of his majesties privy Councill haveing Considered this petition given in to them be the above Thomas Young and the Inhabitants of Dunkell They heirby Give full power warrand and Commissione to any thrie of the Commisioners of Supply within the shyre of Pearth to take Cognizance of the Losses and damnadges sustained by the petitioners by the above fyre and Report the same to the Lords of privy Councill Togither with the wholl probatione which shall be taken2 be3 them in this affair Whither by wryt witnesses or oath of party or any other maner of way to the effect the same may be Considered be the saids Lords of privy Councill.

1. NRS, PC2/25, 155v-156r.

2. The word ‘before’ scored out here.

3. Insertion.

1. NRS, PC2/25, 155v-156r.

2. The word ‘before’ scored out here.

3. Insertion.

Act, 24 January 1695, Edinburgh

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Edinburgh the Twentie fourth day of January Jaj vjc nyntie five years

D1695/1/341

Act

Act George Dallas

The Lords of his Majesties privy Councill haveing Considered a petition given in to them be George Dallas of St Martines They heirby Discharge any persone to print reprint Import or vend the book Compiled be the petitioner Intituled a sistime of stylles for the space of nyntein years Comenceing from the day and date heirof, without speciall Licence from the petitioner or his airs for that effect under the payne of Confiscatione of the saids books to the said petitioner and his airs or these haveing right from them.

Edinburgh the Twentie fourth day of January Jaj vjc nyntie five years

D1695/1/341

Act

Act George Dallas

The Lords of his Majesties privy Councill haveing Considered a petition given in to them be George Dallas of St Martines They heirby Discharge any persone to print reprint Import or vend the book Compiled be the petitioner Intituled a sistime of stylles for the space of nyntein years Comenceing from the day and date heirof, without speciall Licence from the petitioner or his airs for that effect under the payne of Confiscatione of the saids books to the said petitioner and his airs or these haveing right from them.

1. NRS, PC2/25, 155v.

1. NRS, PC2/25, 155v.