Tag Archives: January

Judicial Proceeding, 5 January 1693, Edinburgh

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Edinburgh the Fifth day of January. Jaj vjc nyntie thrie Post meridiem

D1693/1/71

Judicial Proceeding

Remitt The Countess Dowager of Lauderdale Against the Countes therof

Anent the Lybell raised and pursued before the Lords of their Majesties privy Councill be Elizabeth Countes Dowager of Lauderdale Makand Mentione That albeit by the uncontraverted law and practique of this and all other weell governed nationes, The violent and Illegall Disposessing of any person of their dwalling houses and other rights and possessiones, And the violent medling with and away carieing of furnitur houshold plenishing and other goods, dryveing away of their Catle and intromitting with their cornes, Hay, Sheep and others Be crymes of high natur and severly punishable nevertheless It is of veritie that the said pursuar being infeft by the deceast Charles Earle of Lauderdale in the house of Thirlstaine Castle, office houses, Parkes drawen teynds and others therto belonging, And haveing be vertue therof been in the peacable possesione of the same by dwalling with some of her Childrein and Servants in the said house; stocking and labouring of the parks, and draweing of the teynd shares Contained in the saids rights and Disposeing therupon peacably as her oun goods, And haveing her plenishing and furnitor setled and sett up in the said house of Thirlstaine Castle since the decease of her husband Untill the latter end of Aprill last at which tyme she haveing gone to the wells in England for recovering of her health and haveing left severall of her servants and her factor within the said house of Thirlestaine Castle to oversee and preserve her furnitur and plenishing that was therin, And to take care of her Catle and stock and oversee her Labouring and to Cutt doun her cornes and Hay and to Lead and draw the teynds therof, And of which the said pursuar hade been in possession as said is, True It is that Anna Countes of Lauderdale haveing in the pursuars absence in the moneths of May or June last by past come out to the said house of Thirlestaine under the pretence of Kyndnes and to divert and recreat her self for Some time in the Summar and haveing been kyndlie received by the puruars Servants as being her daughter in law, and served and waitted upon by them according to her qualitie, True It is that in the moneths of September or October last by past or one or other of the dayes of the said moneths when the pursuars Servants hade cutt doun her cornes for her oun use as they had done formerly the year preceiding, The said Anna Countes of Lauderdale Did violently and by a Convocatione of a number of men about fourtie persones or therby Stopt and debarr them from loading away the saids cornes, And did with her oun hands pull the Shaves out of the Cairts, and Caused these that ware Convocat with her doe the like, And did cause lead and Carie away the same for her oun use And did dispose therupon as she thought fitt And Likewayes Cary away the number of sixtie sheep or therby and Disposed upon the same, And did cause violently drive away the pursuars horsses Cowes and catles from off the ground of the land, And the saids Catle and horsses being for many dayes dryven up and doune therafter the Countrie, And the Hay and fodder which should have mantained them being violently taken away from the purusars servants in her absence, They were necessitate to sell the same at ane great and undervalue to prevent ther being sterved to death for want of food. Lykeas upon one or other of dayes of the said moneths of september or October, The said Anna Countes of Lauderdale did most violently and Illegally turne out the pursuars factor and her other servents out of the said house of Thirlstaine Castle and Caused shoot the gates against them; And when John Duncan the factor whom the pursuar hade appointed to Oversee the stock and labouring and to take care of the house and furnitur in her absence, Desyred libertie to come in to the said house of Thirlestaine to look after the same The said Anna Countes of Lauderdale Did come in persone to the gate accompanied with two or thrie servants with great Battons in their hands who did threaten to beat him if he Should offer to enter the same And therafter refused to allow Mr William Maitland the pursuars sone Libertie to enter the gates Lykeas the Said Anna Countes of Lauderdale Did by the same Illegall violence and oppression medle with all the pursuars houshold plenishing and furnitur for a considerable value and disposed upon a Considerable2 part therof as she thought fitt, Wherby the said pursuar is reduced to geat straitts, she naither haveing house nor furniture for the accomodatione of hersel and famillie at the tyme By doeing quherof the said Anna Countes of Lauderdale Is guilty of ane open and manifast Ryot And Therfore she ought to be Decerned instantly to repone the pursuar to the possession of the said house of Thirlstaine Parks, and other therto belonging, And to restore back to her the haill furnitur and plenishing Cornes, Hay drawen teynds and sheep violently and Illegally Spulzied and intromitted with be her in alse good case and condition as they ware the tyme of the violent Spulzieing and away takeing the same or then to make payment to the pursuar of the value and pryce therof according as they are sett doune in the inventary And She Ought not only to be Decerned to cease and Desist from troubling the pursuar in the peacable possession therof for the futur, Bot likewayes to be Otherwayes censured as the Lords of privy Councill should think fitt to the example and teror of others to doe and Committ the like in tyme comeing As the said Lybell and executiones therof mor fully proports And Anent the charge given to the saids defenders to have Compeired before the saids Lords upon the twentie seventh day of December last To have answered to the poynts of the above Complaint and to have heard and seen such order and Course taken theranent as appertaines Under the paine of rebellion and putting of her to the horne Which Lybell being upon the twentie nynth day of the said moneth of December called in presence of the saids Lords, And the pursuar Compeiring be Sir David Thores and Master David Cuninghame her advocats, And the defender Compeiring be Sir James Ogilvie and Sir Robert Colt her advocats The Councill haveing Dispensed with the personall Compeirance of both pursuar and defender The Lords of their majesties privy Councill haveing Considered the above Lybell with two severall letters by the pursuar to the defender anent the defenders entering to the above house of Thirlstoune, And the pursuars advocats haveing given in a Declinator subscryved be the pursuar Wherby she Declynes the Earles of Lothian and Brodalbine from sisting or voteing in this Lybell In Respect they are maried to the defenders father sisters And haveing Considered the said declinator with the threteinth act of the thrid parliament of King Charles the second made anent Declinators, They Fand that the above Earles came not under the Compass of the desgrees mentioned in the said act of Parliament They being but uncles in law to the defender and the act of Parliament mentions only uncles, And not uncles in law, And Therfore Repelled the Declynator, And the defenders procurators Declared that they also Compeired for the Creditors of Lauderdale particularly The Lord Yester and his Childrein as owning the defenders possession And the saids Lords Did Recommend to a Committie of their oun numer to meet with and endeavor to setle and agree the parties and Report to the Councill on Tuseday therafter And the said Lybell being this day again called in presence of the saids Lords, And they haveing Considered a Petition given in to them be the above Countess dowager of Lauderdale pursuar Representing that the above referrence towards ane amicable setlement hath taken no effect, And Therfore Craveing the witnesses hath taken no effect, And Therfore Craveing the witnesses to be received upon the lybell And both parties Compeiring as formerly, And Sir Patrick Home haveing Compeired as advocat for the Creditors of Lauderdale who have reall rights and infeftments under the great seall of that estate, And for whom the Lords of Session have appointed a factor for uplifting the rents The said Sir Patrick Declared that he for the saids Creditors did concurr with the young Countes of Lauderdale that she might be continued in possession of the above castle of Thirlstaine And the saids Lords haveing againe heard both parties advocats Debate fully in their presence They heirby Remitt to the Lords of Sessione the point of right to be by them first Discussed And Recomends to the saids Lords to proceid in Discussing therof sumarly without abyding the Course of the Roll.

Edinburgh the Fifth day of January. Jaj vjc nyntie thrie Post meridiem

D1693/1/71

Judicial Proceeding

Remitt The Countess Dowager of Lauderdale Against the Countes therof

Anent the Lybell raised and pursued before the Lords of their Majesties privy Councill be Elizabeth Countes Dowager of Lauderdale Makand Mentione That albeit by the uncontraverted law and practique of this and all other weell governed nationes, The violent and Illegall Disposessing of any person of their dwalling houses and other rights and possessiones, And the violent medling with and away carieing of furnitur houshold plenishing and other goods, dryveing away of their Catle and intromitting with their cornes, Hay, Sheep and others Be crymes of high natur and severly punishable nevertheless It is of veritie that the said pursuar being infeft by the deceast Charles Earle of Lauderdale in the house of Thirlstaine Castle, office houses, Parkes drawen teynds and others therto belonging, And haveing be vertue therof been in the peacable possesione of the same by dwalling with some of her Childrein and Servants in the said house; stocking and labouring of the parks, and draweing of the teynd shares Contained in the saids rights and Disposeing therupon peacably as her oun goods, And haveing her plenishing and furnitor setled and sett up in the said house of Thirlstaine Castle since the decease of her husband Untill the latter end of Aprill last at which tyme she haveing gone to the wells in England for recovering of her health and haveing left severall of her servants and her factor within the said house of Thirlestaine Castle to oversee and preserve her furnitur and plenishing that was therin, And to take care of her Catle and stock and oversee her Labouring and to Cutt doun her cornes and Hay and to Lead and draw the teynds therof, And of which the said pursuar hade been in possession as said is, True It is that Anna Countes of Lauderdale haveing in the pursuars absence in the moneths of May or June last by past come out to the said house of Thirlestaine under the pretence of Kyndnes and to divert and recreat her self for Some time in the Summar and haveing been kyndlie received by the puruars Servants as being her daughter in law, and served and waitted upon by them according to her qualitie, True It is that in the moneths of September or October last by past or one or other of the dayes of the said moneths when the pursuars Servants hade cutt doun her cornes for her oun use as they had done formerly the year preceiding, The said Anna Countes of Lauderdale Did violently and by a Convocatione of a number of men about fourtie persones or therby Stopt and debarr them from loading away the saids cornes, And did with her oun hands pull the Shaves out of the Cairts, and Caused these that ware Convocat with her doe the like, And did cause lead and Carie away the same for her oun use And did dispose therupon as she thought fitt And Likewayes Cary away the number of sixtie sheep or therby and Disposed upon the same, And did cause violently drive away the pursuars horsses Cowes and catles from off the ground of the land, And the saids Catle and horsses being for many dayes dryven up and doune therafter the Countrie, And the Hay and fodder which should have mantained them being violently taken away from the purusars servants in her absence, They were necessitate to sell the same at ane great and undervalue to prevent ther being sterved to death for want of food. Lykeas upon one or other of dayes of the said moneths of september or October, The said Anna Countes of Lauderdale did most violently and Illegally turne out the pursuars factor and her other servents out of the said house of Thirlstaine Castle and Caused shoot the gates against them; And when John Duncan the factor whom the pursuar hade appointed to Oversee the stock and labouring and to take care of the house and furnitur in her absence, Desyred libertie to come in to the said house of Thirlestaine to look after the same The said Anna Countes of Lauderdale Did come in persone to the gate accompanied with two or thrie servants with great Battons in their hands who did threaten to beat him if he Should offer to enter the same And therafter refused to allow Mr William Maitland the pursuars sone Libertie to enter the gates Lykeas the Said Anna Countes of Lauderdale Did by the same Illegall violence and oppression medle with all the pursuars houshold plenishing and furnitur for a considerable value and disposed upon a Considerable2 part therof as she thought fitt, Wherby the said pursuar is reduced to geat straitts, she naither haveing house nor furniture for the accomodatione of hersel and famillie at the tyme By doeing quherof the said Anna Countes of Lauderdale Is guilty of ane open and manifast Ryot And Therfore she ought to be Decerned instantly to repone the pursuar to the possession of the said house of Thirlstaine Parks, and other therto belonging, And to restore back to her the haill furnitur and plenishing Cornes, Hay drawen teynds and sheep violently and Illegally Spulzied and intromitted with be her in alse good case and condition as they ware the tyme of the violent Spulzieing and away takeing the same or then to make payment to the pursuar of the value and pryce therof according as they are sett doune in the inventary And She Ought not only to be Decerned to cease and Desist from troubling the pursuar in the peacable possession therof for the futur, Bot likewayes to be Otherwayes censured as the Lords of privy Councill should think fitt to the example and teror of others to doe and Committ the like in tyme comeing As the said Lybell and executiones therof mor fully proports And Anent the charge given to the saids defenders to have Compeired before the saids Lords upon the twentie seventh day of December last To have answered to the poynts of the above Complaint and to have heard and seen such order and Course taken theranent as appertaines Under the paine of rebellion and putting of her to the horne Which Lybell being upon the twentie nynth day of the said moneth of December called in presence of the saids Lords, And the pursuar Compeiring be Sir David Thores and Master David Cuninghame her advocats, And the defender Compeiring be Sir James Ogilvie and Sir Robert Colt her advocats The Councill haveing Dispensed with the personall Compeirance of both pursuar and defender The Lords of their majesties privy Councill haveing Considered the above Lybell with two severall letters by the pursuar to the defender anent the defenders entering to the above house of Thirlstoune, And the pursuars advocats haveing given in a Declinator subscryved be the pursuar Wherby she Declynes the Earles of Lothian and Brodalbine from sisting or voteing in this Lybell In Respect they are maried to the defenders father sisters And haveing Considered the said declinator with the threteinth act of the thrid parliament of King Charles the second made anent Declinators, They Fand that the above Earles came not under the Compass of the desgrees mentioned in the said act of Parliament They being but uncles in law to the defender and the act of Parliament mentions only uncles, And not uncles in law, And Therfore Repelled the Declynator, And the defenders procurators Declared that they also Compeired for the Creditors of Lauderdale particularly The Lord Yester and his Childrein as owning the defenders possession And the saids Lords Did Recommend to a Committie of their oun numer to meet with and endeavor to setle and agree the parties and Report to the Councill on Tuseday therafter And the said Lybell being this day again called in presence of the saids Lords, And they haveing Considered a Petition given in to them be the above Countess dowager of Lauderdale pursuar Representing that the above referrence towards ane amicable setlement hath taken no effect, And Therfore Craveing the witnesses hath taken no effect, And Therfore Craveing the witnesses to be received upon the lybell And both parties Compeiring as formerly, And Sir Patrick Home haveing Compeired as advocat for the Creditors of Lauderdale who have reall rights and infeftments under the great seall of that estate, And for whom the Lords of Session have appointed a factor for uplifting the rents The said Sir Patrick Declared that he for the saids Creditors did concurr with the young Countes of Lauderdale that she might be continued in possession of the above castle of Thirlstaine And the saids Lords haveing againe heard both parties advocats Debate fully in their presence They heirby Remitt to the Lords of Sessione the point of right to be by them first Discussed And Recomends to the saids Lords to proceid in Discussing therof sumarly without abyding the Course of the Roll.

1. NRS, PC2/24, 153r-155r.

2. The word ‘value’ scored out here.

1. NRS, PC2/24, 153r-155r.

2. The word ‘value’ scored out here.

Petition, 5 January 1693, Edinburgh

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Edinburgh the Fifth day of January. Jaj vjc nyntie thrie Post meridiem

D1693/1/61

Petition

[Petition Alexander Southerland]

The Lords of their majesties privy Councill haveing heard the petition given in to them be Mr Alexander Southerland with another petition given in be Mr William Stewart and the answers made to each of the petitioners hinc inde And another petitione given in be the magistrats of innverness in favors of Mr Thomas Frazer all anent the Stipend of Innverness Read in their presence, They appoint the agent for the toune of Innverness to be accquanted with these petitiones that the toune of Innverness may give in answers to the same if they have any to make

Edinburgh the Fifth day of January. Jaj vjc nyntie thrie Post meridiem

D1693/1/61

Petition

[Petition Alexander Southerland]

The Lords of their majesties privy Councill haveing heard the petition given in to them be Mr Alexander Southerland with another petition given in be Mr William Stewart and the answers made to each of the petitioners hinc inde And another petitione given in be the magistrats of innverness in favors of Mr Thomas Frazer all anent the Stipend of Innverness Read in their presence, They appoint the agent for the toune of Innverness to be accquanted with these petitiones that the toune of Innverness may give in answers to the same if they have any to make

1. NRS, PC2/24, 153r.

1. NRS, PC2/24, 153r.

Sederunt, 5 January 1693, Edinburgh

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Edinburgh the Fifth day of January. Jaj vjc nyntie thrie Post meridiem1

D1693/1/52

Sederunt

Lord Chancelor; Lord Privy seall; Marquis of Douglas; Earl of Linlithgow; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Lord Raith thr dept; Lord Cardross; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; Laird of Grant; Laird of Blackbarony; Laird of Stivensone; Laird of Pollock; Sir William Lockhart; Sir Patrick Murray

Edinburgh the Fifth day of January. Jaj vjc nyntie thrie Post meridiem1

D1693/1/52

Sederunt

Lord Chancelor; Lord Privy seall; Marquis of Douglas; Earl of Linlithgow; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Lord Raith thr dept; Lord Cardross; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; Laird of Grant; Laird of Blackbarony; Laird of Stivensone; Laird of Pollock; Sir William Lockhart; Sir Patrick Murray

1. NRS, PC2/24, 153r.

2. NRS, PC2/24, 153r.

1. NRS, PC2/24, 153r.

2. NRS, PC2/24, 153r.

Procedure: remission, 3 January 1693, Edinburgh

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Edinburgh The Thrid day of January Jaj vjc nyntie thrie years

D1693/1/41

Procedure: remission

[Cockburne of Langtoune Against Collonell Cuninghame]

The Lybell Cockburne of Langtoune Against Collonell Cuninghame Called, The pursuar Compeiring personally and the defender being absent the witnesses principall made faith, And Remitted to the Lord Cardross and Grant to examine the witnesses And Reserves Objectiones to be discussed before the Committie.

Edinburgh The Thrid day of January Jaj vjc nyntie thrie years

D1693/1/41

Procedure: remission

[Cockburne of Langtoune Against Collonell Cuninghame]

The Lybell Cockburne of Langtoune Against Collonell Cuninghame Called, The pursuar Compeiring personally and the defender being absent the witnesses principall made faith, And Remitted to the Lord Cardross and Grant to examine the witnesses And Reserves Objectiones to be discussed before the Committie.

1. NRS, PC2/24, 152v.

1. NRS, PC2/24, 152v.

Act, 3 January 1693, Edinburgh

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Edinburgh The Thrid day of January Jaj vjc nyntie thrie years

D1693/1/31

Act

Act and Remitt John Innes of Lewchers.

The Lords of their majesties privy Councill haveing Considered a petitione given in to them be John Innes of Leuchars and instructiones therof with the report of a Committie of their oun number to whom the consideratione therof was remitted They Find by the depositiones of the witnesses taken before the Laird of Grant that Major Pattons troop came to Leuchars grass the begining of sumar Jaj vjc nyntie one and continued their till they ware taken to hard meat And by these Depositiones and Leuchars oun oath taken in supplement that the said troop did Continue on Leuchars grass frae the nynth of June to the fiftein of September Jaj vjc nyntie one being Fourscore and twelue dayes, And that ther is still resting to Leuchars by the said troop Compting each horss at two shilling scots per day the soume of Thrie hundred and sixtie two punds scots money, And that besydes the soume of Twelve punds Sterling quherof six recewed by Leuchars himself and six by the Collecter of the cess upon his accompt which is allready. Deduced out of the pryce of the forsaid grass And Finds that ther is resting be Major Stewart to the said John Innes of Leuchars the soume of fiftie pund for fourtein dayes grass eaten by the majors troop Jully Jaj vjc nyntie and be James Weir of Kirkfeild the soume of Fourtie seven pund, for the Lord Beilhaven troop for the like Space,2 Conforme to3 two recepts produced under the said Major Stewart and James Weir their hands And Finds that the grouth of the said John Innes his lands being all grass less4 for the years Jaj vjc Eightie nyne, Jaj vjc nyntie Jaj vjc nyntie one been mostly eaten up by the forces, so that he has received non of the rent therof And Finds that his5 has6 sustained severall other prejudices and Considerable Damnadges by the saids forces, And the saids Lords of privy Councill Doe heirby Recomend to the Lords Commissioners of their Majesties thesaurie To cause payment be made to the said John Innes of the Soumes forsaid which the Councill has found resting be the above troops to the said John Innes And for that end Recomends to the saids Lords Commissioners of their majesties thesaurie To Cause defaulk those soumes by such proportiones as they shall think fitt out of the monethly subsistance of the said Troops as the samen shall become due And to Call for ane accompt of what the Cess of the said John Innes his lands amounts to for the years Jaj vjc Eightie nyne Jaj vjc nyntie and Jaj vjc nyntie one. And to cause Satisfie the samen as they shall think fitt.

Edinburgh The Thrid day of January Jaj vjc nyntie thrie years

D1693/1/31

Act

Act and Remitt John Innes of Lewchers.

The Lords of their majesties privy Councill haveing Considered a petitione given in to them be John Innes of Leuchars and instructiones therof with the report of a Committie of their oun number to whom the consideratione therof was remitted They Find by the depositiones of the witnesses taken before the Laird of Grant that Major Pattons troop came to Leuchars grass the begining of sumar Jaj vjc nyntie one and continued their till they ware taken to hard meat And by these Depositiones and Leuchars oun oath taken in supplement that the said troop did Continue on Leuchars grass frae the nynth of June to the fiftein of September Jaj vjc nyntie one being Fourscore and twelue dayes, And that ther is still resting to Leuchars by the said troop Compting each horss at two shilling scots per day the soume of Thrie hundred and sixtie two punds scots money, And that besydes the soume of Twelve punds Sterling quherof six recewed by Leuchars himself and six by the Collecter of the cess upon his accompt which is allready. Deduced out of the pryce of the forsaid grass And Finds that ther is resting be Major Stewart to the said John Innes of Leuchars the soume of fiftie pund for fourtein dayes grass eaten by the majors troop Jully Jaj vjc nyntie and be James Weir of Kirkfeild the soume of Fourtie seven pund, for the Lord Beilhaven troop for the like Space,2 Conforme to3 two recepts produced under the said Major Stewart and James Weir their hands And Finds that the grouth of the said John Innes his lands being all grass less4 for the years Jaj vjc Eightie nyne, Jaj vjc nyntie Jaj vjc nyntie one been mostly eaten up by the forces, so that he has received non of the rent therof And Finds that his5 has6 sustained severall other prejudices and Considerable Damnadges by the saids forces, And the saids Lords of privy Councill Doe heirby Recomend to the Lords Commissioners of their Majesties thesaurie To cause payment be made to the said John Innes of the Soumes forsaid which the Councill has found resting be the above troops to the said John Innes And for that end Recomends to the saids Lords Commissioners of their majesties thesaurie To Cause defaulk those soumes by such proportiones as they shall think fitt out of the monethly subsistance of the said Troops as the samen shall become due And to Call for ane accompt of what the Cess of the said John Innes his lands amounts to for the years Jaj vjc Eightie nyne Jaj vjc nyntie and Jaj vjc nyntie one. And to cause Satisfie the samen as they shall think fitt.

1. NRS, PC2/24, 152r-152v.

2. The words ‘And year the’ scored out here.

3. The words ‘Conforme to’ are an insertion.

4. Insertion.

5. The word ‘Loss’ scored out here.

6. Insertion.

1. NRS, PC2/24, 152r-152v.

2. The words ‘And year the’ scored out here.

3. The words ‘Conforme to’ are an insertion.

4. Insertion.

5. The word ‘Loss’ scored out here.

6. Insertion.

Petition, 3 January 1693, Edinburgh

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Edinburgh The Thrid day of January Jaj vjc nyntie thrie years

D1693/1/21

Petition

[Petition Dow and Mckony]

Petition Dow and Mckony Read and recommended to the Comittie formerly appoynted anent persones allege taken on to be Souldiers And adds the Laird of Grant to the Comittie And Ordaines letters to be direct at the instance of The Laird of2 Stroan3 and Mcpherson of Phonas for Charging Captaine Hew Mckay to produce the saids Dow and Mclony before the Committie within twentie four hours, And authorizes the Committie to give Order for the petitioners liberation if they shall see Cause.

Edinburgh The Thrid day of January Jaj vjc nyntie thrie years

D1693/1/21

Petition

[Petition Dow and Mckony]

Petition Dow and Mckony Read and recommended to the Comittie formerly appoynted anent persones allege taken on to be Souldiers And adds the Laird of Grant to the Comittie And Ordaines letters to be direct at the instance of The Laird of2 Stroan3 and Mcpherson of Phonas for Charging Captaine Hew Mckay to produce the saids Dow and Mclony before the Committie within twentie four hours, And authorizes the Committie to give Order for the petitioners liberation if they shall see Cause.

1. NRS, PC2/24, 152r.

2. Illegible word scored out here.

3. Insertion.

1. NRS, PC2/24, 152r.

2. Illegible word scored out here.

3. Insertion.

Sederunt, 3 January 1693, Edinburgh

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Edinburgh The Thrid day of January Jaj vjc nyntie thrie years1

D1693/1/12

Sederunt

Lord Chanclor; Earl of Melvill P: S:; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Lord Raith; Lord Cardross; Lord Carmichell; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Enstruther; Laird of Grant; Laird of Blackbarony; Laird of Pollock; Sir William Lockhart; Sir Patrick Murray

Edinburgh The Thrid day of January Jaj vjc nyntie thrie years1

D1693/1/12

Sederunt

Lord Chanclor; Earl of Melvill P: S:; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Lord Raith; Lord Cardross; Lord Carmichell; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Enstruther; Laird of Grant; Laird of Blackbarony; Laird of Pollock; Sir William Lockhart; Sir Patrick Murray

1. NRS, PC2/24, 152r.

2. NRS, PC2/24, 152r.

1. NRS, PC2/24, 152r.

2. NRS, PC2/24, 152r.

Decreet, 28 January 1692, Edinburgh

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Att Edinburgh the Twentie Eight day of January Jaj vjc nyntie two years

D1692/1/301

Decreet

Interloquitor Gordonstoune and others Against The Laird of Grant and others

The Lybell at the instance of the Laird of Gordonstoune and others against the Laird of Grant and others Being Called and the Laird of Gordonstone for himself and the rest of the pursuars Compeiring personally with Mr Heugh Dalrymple, Mr James Stewart senior and Mr David Forbes Advocats And the Laird of Grant defender Compeiring also personally with Sir James Ogilvie Sir David Thoires Sir Robert Colt and Mr David Cunninghame advocats and the pursuar haveing Declared that he insisted only against the Laird of Grant and his men tennents and servants as Designed in the lybell The saids defender being called and being all absent and not Compeiring except John Baininqueen in Glenbigg and James Stewart Greive to the Laird of Grant in Cullnafyle The saids Lords Grants Certificatione against the defenders men tennents and servants to the Laird of Grant now only insisted against called and not Compeiring and ordaines letters to be direct to messengers at armes to pass to the mercat Croce of […] and their in their Majesties name and authoritie denunce the saids defenders men tennents and servants to the Laird of Grant Called and not Compeiring as said is Their Majesties rebells and put them to their highnes horne and Escheat and inbring all ther moveable goods and geir to their Majesties use for their contemptione and Disobedience, and the said Lybell and ansuers given in therto be the Laird of Grant being read and both parties procurators fully heard, and the witnesses Citted for the persuars being Called and such of them as Compeired haveing made faith at the barr The saids Lords of Privy Councill nominats and Appoynts Alexander Lord Raith, Sir Thomas Burnet of Leyes and […] Bordie of that ilk to be a Comittie for examineing the witnesses and Declaires any thrie of the them to be a quorum Reserving all Objectiones which shall be made against the Witnesses to be proponed and disscust before the said Committie or their quorum, And allowes the honouraball witnesses cited for the pursuar against whom ther is no execution produced, To be received albeit some of them ware not present nor made faith at the barr.

At Edinburgh 28 January 1692

D1692/1/301

Decreet

Interlocutor regarding Gordonstoun and others against The Laird of Grant and others

The libel at the instance of [Robert Gordon] laird of Gordonstoun and others against [Ludovic Grant] laird of Grant and others being called and the laird of Gordonstoun for himself and the rest of the pursuers compering personally with Mr Hugh Dalrymple, Mr James Stewart senior and Mr David Forbes advocates, and the laird of Grant defender compearing also personally with Sir James Ogilvie, Sir David Thoirs, Sir Robert Colt and Mr David Cunningham advocates, and the pursuer having declared that he insisted only against the laird of Grant and his men, tenants and servants as designed in the libel, the said defender being called and being all absent and not compearing except John Baininqueen in Glenbigg2 and James Stewart Grieve to the Laird of Grant in Cullnafyle3 the said lords grant certification against the defenders men, tenants and servants to the laird of Grant now only insisted against, called and not compearing and ordain letters to be directed to messengers at arms to pass to the merkat cross of […] and there in their majesties’ names and authority denounce the said defenders men, tenants and servants to the laird of Grant called and not compearing as said is their majesties’ rebels and put them to their highnesses horn and escheat and bring in all their moveable goods and geir to their majesties’ use for their contemption and disobedience, and the said libel and answers given in therto by the laird of Grant being read and both parties procurators fully heard, and the witnesses cited for the persuers being called and such of them as compeared having made faith at the bar, the said lords of privy council nominate and appoint Alexander [Melville] Lord Raith, Sir Thomas Burnet of Leys and [James] Brody of that ilk to be a committee for examining the witnesses, and declare any three of them to be a quorum, reserving all objections which shall be made against the witnesses to be proponed and discussed before the said committee or their quorum, and allow the honourable witnesses cited for the pursuer against whom there is no execution produced, to be received albeit some of them were not present or made faith at the bar.

1. NRS, PC2/24, 15r-15v.

1. NRS, PC2/24, 15r-15v.

2. Possibly Glenbeg, uncertain. Surname unusual

3. Possibly Coulnakyle in Kincardine

Act, 28 January 1692, Edinburgh

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Att Edinburgh the Twentie Eight day of January Jaj vjc nyntie two years

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Act

Act and Remitt John Williamsone

Anent a Petition given in to the Lords of their majesties Privy Councill be John Williamsone fewar and meallmaker in Linktoune of Abbotshall shewing That wher the petitioner has lived as fewer and tennent to the late Lord Abbotshall above these twentie years bygone and has had a constant Imployment of buying of victuall and liveing vertuously with his wyfe and familly besydes that the said petitioner has severall tenements and years in few in the saids Links of Abbotshall apart quherof he had builded himself is nottourly knowen in the place wher he lived and to some of the saids Lords oun number till of late that he was apprehended and put in prison as a Soulder to be sent to Flanders in ther majesties service And It was humbly conceived that it was not the saids Lords meaning to allow any persone to be apprehended upon that account, who had been a good subject in vertue and industrie, and not troublesome nor a burden to the Countrey, Bot upon the contrare the petitioner had Improven his intrest by his vertue with which he had folloued from his youth And Therfore Humbly Craving The saids Lords to take the premisses to their Consideratione and to ordaine the magistrats of Kirkldie to sett the petitioner at Libertie and to discharge any of their majesties officers to apprehend him thereafter as the said Petitione bears The Lords of their majesties privy Councill haveing heard this Petition given in to them be the above John Williamsone read in their presence They heirby Remitt to the magistrates of Kirkaldie or any one of them to examine and take tryall of this matter, and for that effect to call before them not only the petitioner Bot also the officer or any other with whom he is alledged to have taken on as a souldier, And appoints the saids magistrates to make ther Report to the Lords of Privy Councill whither the petitioner is legally taken on or if he be forced, and Discharges them or the keeper of the Tolbooth to sett the petitioner at libertie or to deliver him to any person who pretends that he has taken on as a Souldier untill they make their Report to the Lords of Councill, and their Lordships give their determination in the said matter.

At Edinburgh 28 January 1692

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Act

Act and Remit for John Williamson

Concerning a petition given in to the lords of their majesties’ privy council by John Williamson feuar and meal maker in Linktown of Abbotshall showing that where the petitioner has lived as feuer and tenant to the late Lord Abbotshall above these twenty years bygone and has had a constant employment of buying of victual and living virtuously with his wife and family, besides that the said petitioner has several tenements and years in feu in the said Links of Abbotshall, appart whereof he had built himself is well known in the place where he lived, and to some of the said lords own a number till of late, that he was apprehended and put in prison as a soldier to be sent to Flanders in their majesties’ service, and it was humbly conceived that it was not the said lords meaning to allow any person to be apprehended upon that account, who had been a good subject in virtue and industry, and not troublesome or a burden to the country, but upon the contrary the petitioner had improved his interest by his virtue with which he had followed from his youth, and therefore humbly craving the said lords to take the premisses to their consideration and to ordain the magistrates of Kirkcaldly to set the petitioner at liberty and to discharge any of their majesties’ officers to apprehend him thereafter as the said petition bears. The lords of their majesties’ privy council having heard this petition given in to them by the above John Williamson read in their presence they hereby remit to the magistrates of Kirkcaldy or any one of them to examine and take trial of this matter, and for that effect to call before them, not only the petitioner but also the officer or any other with whom he is alleged to have taken on as a soldier, and appoints the said magistrates to make their report to the lords of privy council whether the petitioner is legally taken on or if he be forced, and discharges them or the keeper of the tolbooth to set the petitioner at liberty or to deliver him to any person who pretends that he has taken on as a soldier until they make their report to the lords of council, and their lordships give their determination in the said matter.

1. NRS, PC2/24, 14v-15r.

1. NRS, PC2/24, 14v-15r.

Act, 28 January 1692, Edinburgh

Posted on by

Att Edinburgh the Twentie Eight day of January Jaj vjc nyntie two years

D1692/1/281

Act

Act Archibald Buchanan

Anent a Petition given in to the Lord of their majesties privy Councill be Archibald Buchanan sone to Archibald Buchanan of Torrie Shewing That quher by ane act of the saids Lords he was ordained to be liberat furth of the Tolbooth of Edinburgh upon his finding Caution to live peaceably under their majesties government And seing his majestie was graciously pleased to indemnifie all persones accessory to the late rebellion who should swear and subscribe the oath of alledgance therby enjoyned betwixt and the tyme therby prefixt, and that in Complyance therwith he did most heartily accept of the said gracious indemnitie as was instructed by the Certificat in the Clerks hands and Therfore Humbly supplicating to the effect aftermentioned as the petitione bears The Lords of their majesties privy Councill haveing Considered this petition given in to them be the above Archibald Buchanan They heirby give order and warrand to the Clerks to give up and deliver to the Petitioner the above bond granted be him and his Cautioners.

At Edinburgh 28 January 1692

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Act

Act for Archibald Buchanan

Concerning a petition given in to the lords of their majesties’ privy council by Archibald Buchanan son to Archibald Buchanan of Torry showing that where by an act of the said lords he was ordained to be liberated forth of the tolbooth of Edinburgh upon his finding caution to live peaceably under their majesties’ government, and seeing his majesty was graciously pleased to indemnify all persons accessory to the late rebellion who should swear and subscribe the oath of allegiance thereby enjoined between then and the time thereby prefixed, and that in compliance therewith he did most heartily accept of the said gracious indemnity as was instructed by the certificate in the clerks’ hands and therefore humbly supplicating to the effect after mentioned as the petition bears. The lords of their majesties’ privy council having considered this petition given in to them by the above Archibald Buchanan, they hereby give order and warrant to the clerks to give up and deliver to the petitioner the above bond granted by him and his cautioners.

1. NRS, PC2/24, 14r-14v.

1. NRS, PC2/24, 14r-14v.