Tag Archives: January

Procedure: remission, 14 January 1692, Edinburgh

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Edinburgh the Fourteinth day of January Jaj vjc nyntie two years

D1692/1/171

Procedure: remission

[Libel Smith and Grieve remitted to a committee]

The Lybell Smith and Greive against Mr Robert Norie late minister at Dundie Depryved by sentance of the Councill for not praying for King William and Queen Mary Called and Remitted to a Comittie to examine the witnesses.

Edinburgh 14 January 1692

D1692/1/171

Procedure: remission

[Libel of Smith and Grieve remitted to a committee]

The libel of Smith and Grieve against Mr Robert Norrie, late minister at Dundee, deprived by sentence of the council for not praying for King William and Queen Mary called and remitted to a committee to examine the witnesses.

1. NRS, PC2/24, 8v.

1. NRS, PC2/24, 8v.

Petition, 14 January 1692, Edinburgh

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Edinburgh the Fourteinth day of January Jaj vjc nyntie two years

D1692/1/161

Petition

[Petition David Mather remitted to committee]

Petitione David Mather against the Countes of Wemyes read and Remitted to the former Comittie

Edinburgh 14 January 1692

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Petition

[Petition of David Mather remitted to committee]

Petition of David Mather against [Margaret] countess of Wemyss read and remitted to the former committee

1. NRS, PC2/24, 8v.

1. NRS, PC2/24, 8v.

Sederunt, 14 January 1692, Edinburgh

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Edinburgh the Fourteinth day of January Jaj vjc nyntie two years1

D1692/1/152

Sederunt

Earl of Tweedale Lord Chancelor; Marquis of Douglas; Earl of Crawfurd; Earl of Mortone; Earl of Leven; Viscount Stair; Lord Ruthven; Master of Burleigh; Lord Halton; Lord Aberuchall; Lord Fountinhall; Laird of Pollock; Laird of Stevenson; Laird of Leyes; Sir Thomas Livingston

Edinburgh 14 January 16921

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Sederunt

[John Hay] earl of Tweeddale, Lord Chancellor; [James Douglas] marquis of Douglas; [William Lindsay] earl of Crawford; [James Douglas] earl of Morton; [David Leslie] earl of Leven; [James Dalrymple] Viscount Stair; [David] Lord Ruthven; [Robert Balfour] master of Burleigh; [Sir John Lauder] Lord Hatton; [Sir Colin Campbell] Lord Aberurchill; [Sir John Lauder] Lord Fountainhall; [Sir John Maxwell] laird of Pollok; [Sir Robert Sinclair] laird of Stevenson; [Sir Thomas Burnet] laird of Leys; Sir Thomas Livingston

1. NRS, PC2/24, 8v.

2. NRS, PC2/24, 8v.

1. NRS, PC2/24, 8v.

2. NRS, PC2/24, 8v.

Procedure: remission, 12 January 1692, Edinburgh

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D1692/1/141

Procedure: remission

[Libel Countess of Weymss against David Mather remitted]

The Lybell the Countes of Weymes against David Mather called and Remitted to a Comittie to examin the witnesses.

At Edinburgh 12 January 1692

D1692/1/141

Procedure: remission

[Libel Countess of Wemyss against David Mather remitted]

The libel of [Margaret] countess of Wemyss against David Mather called and remitted to a committee to examine the witnesses.

1. NRS, PC2/24, 8v.

1. NRS, PC2/24, 8v.

Procedure, 12 January 1692, Edinburgh

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D1692/1/131

Procedure

Remitt anent Ludquharnes taking the oath of alledgence

The Lords of their majesties privy Councill Haveing Considered the oath of alledgance taken by William Forbes of Ludquharne before John Earle of Erroll shireff principall of the shirefdom of Aberdein They Find the same is not in the preceise words of that oath as it is instruct in the act of Parliament And Therfore they Remitt the said William Forbes yet to take the said oath in the words of the said act and in the termes of ther majesties act of indemnity And appoints him to report the same to the Clerks of Councill betwixt and the tenth day of February nixt to come.

At Edinburgh 12 January 1692

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Procedure

Remit concerning Ludquharn’s taking the oath of allegiance

The lords of their majesties’ privy council having considered the oath of allegiance taken by William Forbes of Ludquharn before John [Hay] earl of Erroll, sheriff principal of the sheriffdom of Aberdeen, they Find the same is not in the precise words of that oath as it is instructed in the act of parliament, and therefore they remit the said William Forbes yet to take the said oath in the words of the said act and in the terms of their majesties’ act of indemnity, and appoints him to report the same to the clerks of council between now and the tenth day of February next to come.

1. NRS, PC2/24, 8r-8v.

1. NRS, PC2/24, 8r-8v.

Warrant, 12 January 1692, Edinburgh

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D1692/1/121

Warrant

Warrand for Delyvering up the Lord Frazers bonds

The Lords of their majesties privy Councill haveing Considered the oath of alledgance taken by Charles Lord Frazer In presence of John Earle of Erroll shireff principall of the shirefdome of Aberdeen They Find the same to be in the termes of their majesties act of indemnity And therfore gives warrand to the Clerks of Councill to deliver up to the said Charles Lord Frazer the bonds Lying in ther hands subscribed by him and his Cautioners for his peacable behavior and appearance when called for Containeing the penalties of Two Hundred pund sterling and six Thousand merks.

At Edinburgh 12 January 1692

D1692/1/121

Warrant

Warrant for Delivering up Lord Fraser’s bonds

The lords of their majesties’ privy council having considered the oath of allegiance taken by Charles, Lord Fraser in the presence of John [Hay] earl of Erroll, sheriff principal of the sheriffdom of Aberdeen, they Find the same to be in the terms of their majesties’ act of indemnity, and therefore gives warrant to the clerks of council to deliver up to the said Charles, Lord Frazer the bonds lying in their hands subscribed by him and his cautioners for his peaceable behaviour and appearance when called for, containeing the penalties of two hundred pounds sterling and six thousand merks.

1. NRS, PC2/24, 8r.

1. NRS, PC2/24, 8r.

Act, 12 January 1692, Edinburgh

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D1692/1/111

Act

Act The heritors and wodsetters of the shyre of Banff

Anent a Petition given in to the Lords of ther Majesties privy Councill be the heritors fewars wodsetters Lyfrenters and others within the shyre of Banff Shewing That quher the petitioners haveing formerly represented to the saids Lords the abuses they did meit with from the garisones within the said shyre Bott more especiallie from the Garison of Ballindalloch, The governors ther haveing been in use contrary to all law to Impose exhorbitant quantities of meall malt Coalls, salt plends peitts and others and that some tymes the forsaid parrticulars ware converted to money and when any failled to obey these Illegall orders they ware quartured upon and necessitate to pay considerable sommes upon account of dificiencies The saids Lords upon this complaint by act dated the tenth of February last did appoint the Commissioners of the said shyre to take tryall of what damnadges the petitioner hade allready sustained by the forsaid garison and to report and in the mean tyme prohibited all such Illegall Impositiones and exactiones for the future and which act was accordingly intimat to John Stewart then governor of the forsaid garison, and not withstanding therof he did Impose up on the nixt adjacent paroches to the said Garison ten shilling upon each hundreth pund rent to be payed in monethly besydes pleinds, and that under the paine of quartering and being holden as disaffected to their Majesties government yet nevertheless the Commissioners of the forsaid shyre being unwilling to have any legall debates with any of their Majesties forces ware content to have superceided to make any farder tryall anent what damnadge the petitioners hade formerly sustained upon conditione that nothing should be Imposed or exacted from them Bot according to law for the future and the Commissioners and heritors of the forsaid Eight parishes ware content for the assistance of the forsaid Garrison to stent themselves dureing the tyme that the forsaid garrison should continue for payment of Fourscore loads of Peetts and ane stone of Candle monethly or two2 shilling scots for each hundred pund rent within the forsaid parishes and did agree that these who lived within thrie myles of the forsaid garrison should pay the peits and candle pas corpora and that these who lived at a greater distance should pay in their proportiones monethly conforme to the forsaid stent in money. Yett the forsaid governour haveing no regaird aither to the saids Lords act of the Commissioners of the said shyre, Did notwithstanding therof send for the parties upon all such as ware deficient in obeying his order in paying ten shilling for each hundred punds rent monethly upon which the heritors did send some of their number to him and did intreat that he would recall the forsaid parties which he haveing refused to doe Alexander Gordon of Auchindanch for himself and in name and behalf of the rest of the heritors and others concerned Did by forme of instrument intimat to Serjant Kerr Commander of the parties ordered out by the forsaid governor and who was quartering with ten men under his comand upon the paroches of Kith and Graing for not paying their proportiones of the forsaid Illigall Impositiones Conforme to the governers order, and did protest against him for all Coast skaith and damnadge they might sustaine incaice of his continueing to quarter or in caice he should offer to poynd upon the forsaid accompt and yet notwithstanding of all this the petitioners has been necessitate constantly since to pay Conforme to the forsaid Imposition ten shilling for each hundred pund rent monethly besydes plaids and and3 wher any ware deficient ther ware parties quartured on their house untill they payed, all quhich is instructed by the act of Councill, Act of the Commissioners Ther instrument taken against4 Serjant Ker and the governors orders and Discharges subscryved with his hand all therwith produced which the petitioners humbly Desyres the saids Lords would be pleased to consider By which it is clear how much the petitioners are abused and oppressed by the forsaid Garison contrar to all Law and Justice, Seing the Imposeing of Cess Is ane priviledge only competent to the king and Parliament and cannot be done by any Privat subject And the petitioners without the saids Lords Grant them redress of the forsaid abuses and appoint under highest penalties the present governor of the forsaid garisone to desist from useing such Illegall practisses in tyme comeing will be necessitate to disert and forsaik their intrests and to leave their lands waist to be possessed by the forsaid garison And seing the petitioners have behaved themselves as became dutifull subjects and have punctually payed their proportiones of all publict burdeens and Impositiones Imposed by law may therefore expect that the saids Lords will protect them against such high acts of oppressione as they daylie meett with from the forsaid garison And Therfore Humbly Craveing the saids Lords to take the premisses to their Consideratione and to expressly prohibit under all highest paines the present governor from Imposeing or exacting any such Illegall taxes and to allow the Commissioners of the forsaid shyre to take tryall and probatione and anent what damnadge the petitioners have allready sustained by the forces formerly quartured in the forsaid garisone and to report that therafter the saids Lords may doe therin as they shall find Just as the petitioners being The Lords of ther majesties Privy Councill Haveing Considered this petitione given in to them be the heritors of Banffshyre with the wrytes mentioned therin and proiduced therwith They heirby give power and Commission to the Commissioners of supplie within the shyre of Banff to take tryall and probatione (in the termes of the acts and proclamatione of Councill made anent the accompts resting be their majesties forces to the Countrey) of what damnadge the inhabitants of the shyre have Sustained be the above John Stewart governor of Ballindalloch or the souldiers under his command quherall he was governor of the said Garison and appoints the said Commissioners to make intimatione to the said John Stewart of their first dyets of meetting in this matter, And therafter from tyme to tyme apud acta, And to Requyre and allow him to be present therat, And appoints the saids Commissioners to make report to the Lords of Privy Councill of their procedure in this matter.

At Edinburgh 12 January 1692

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Act

Act for the heritors and wadsetters of the shire of Banff

concerning a petition given in to the lords of their majesties’ privy council by the heritors, feuars, wadsetters, lifrenters and others within the shire of Banff, showing that where the petitioners having formerly represented to the said lords the abuses they did meet with from the garrisons within the said shire, but more especially from the garrison of Ballindalloch, the governors there having been in use, contrary to all law, to impose exorbitant quantities of meal, malt, coals, salt, plaids, peats and others and that sometimes the forsaid particulars were converted to money and when any failed to obey these illegal orders they were quartered upon and necessitated to pay considerable sums upon account of deficiencies the said lords upon this complaint, by act dated the tenth of February last, did appoint the commissioners of the said shire to take trial of what damages the petitioner had already sustained by the forsaid garrison and to report and in the meantime prohibited all such illegal impositiones and exactions for the future, and which act was accordingly intimated to John Stewart, then governor of the forsaid garrison, and notwithstanding thereof he did impose up on the next adjacent parishes to the said garrison ten shillings upon each hundred pounds rent to be paid in monthly besides plaids, and that under the pain of quartering and being held as disaffected to their majesties’ government, yet nevertheless the commissioners of the forsaid shire being unwilling to have any legal debates with any of their majesties’ forces were content to have superseded to make any further trial concerning what damage the petitioners had formerly sustained upon condition that nothing should be imposed or exacted from them but according to law for the future and the commissioners and heritors of the forsaid eight parishes were content for the assistance of the forsaid garrison to stent themselves during the time that the forsaid garrison should continue for payment of fourscore loads of peats and a stone of candle monthly or two shillings scots for each hundred pounds of rent within the forsaid parishes, and did agree that those who lived within three miles of the forsaid garrison should pay the peats and candle pas corpora and that those who lived at a greater distance should pay in their proportions monthly conforming to the forsaid stent in money. Yet the forsaid governour having no regard either to the said lords act of the commissioners of the said shire, did notwithstanding thereof send for the parties upon all such as were deficient in obeying his order in paying ten shillings for each hundred pounds rent monthly, upon which the heritors did send some of their number to him and did entreat that he would recall the forsaid parties which he having refused to do Alexander Gordon of Auchindachy for himself and in name and behalf of the rest of the heritors and others concerned did by form of instrument intimate to Sergeant Ker, commander of the parties, ordered out by the forsaid governor and who was quartering with ten men under his command upon the parishes of Keith and Grange for not paying their proportions of the forsaid illegal impositions conforming to the governor’s order, and did protest against him for all cost, skaith and damage they might sustain in case of his continuing to quarter or in case he should offer to poind upon the forsaid account, and yet notwithstanding of all this the petitioners have been necessitated constantly since to pay conforming to the forsaid imposition of ten shillings for each hundred pounds rent monthly besides plaids and where any were deficient there were parties quartered on their house until they paid, all which is instructed by the act of council, act of the commissioners there instrument taken against Sergeant Ker and the governor’s orders and discharges subscribed with his hand all therewith produced which the petitioners humbly desires the said lords would be pleased to consider, by which it is clear how much the petitioners are abused and oppressed by the forsaid garrison contrary to all law and justice, seeing the imposing of cess is a privilege only competent to the king and parliament and cannot be done by any private subject, and the petitioners without the said lords grant them redress of the forsaid abuses and appoint under the highest penalties the present governor of the forsaid garrison to desist from using such illegal practices in time coming, will be necessitate to desert and forsake their interests and to leave their lands wasted to be possessed by the forsaid garrison, and seeing the petitioners have behaved themselves as became dutiful subjects and have punctually paid their proportions of all public burdens and impositions imposed by law may, therefore expect that the said lords will protect them against such high acts of oppression as they daily meet with from the forsaid garrison, and therefore humbly craving the said lords to take the premisses to their consideration and to expressly prohibit under all highest pains the present governor from imposing or exacting any such illegal taxes and to allow the commissioners of the forsaid shire to take trial and probation and concerning what damage the petitioners have already sustained by the forces formerly quartered in the forsaid garrison and to report that thereafter the said lords may do therein as they shall find just as the petitioners being; the lords of their majesties’ privy council having considered this petition given in to them by the heritors of Banffshire with the writs mentioned therein and produced therewith, they hereby give power and commission to the commissioners of supply within the shire of Banff to take trial and probation (in the terms of the acts and proclamation of council made concerning the accounts resting by their majesties’ forces to the country) of what damage the inhabitants of the shire have sustained by the above John Stewart governor of Ballindalloch or the soldiers under his command whereall he was governor of the said garrison and appoint the said commissioners to make intimation to the said John Stewart of their first diets of meeting in this matter, and thereafter from time to time according to record, and to require and allow him to be present thereat, and appoint the said commissioners to make report to the lords of privy council of their procedure in this matter.

1. NRS, PC2/24, 6v-8r.

2. The word ‘hundreth’ scored out here.

3. Sic.

4. The word ‘the’ scored out here.

1. NRS, PC2/24, 6v-8r.

2. Meaning not clear.

Petition, 12 January 1692, Edinburgh

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D1692/1/101

Petition

[Petition John and David Beathuns delayed]

Petition be Mr John and David Beathuns and others bursers in St Andrewes read and delayed till the Comittie anent the half moneths cess to that Collodge make their report.

At Edinburgh 12 January 1692

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Petition

[Petition of John and David Beaton delayed]

Petition by Mr John and David Beaton and others, bursars in St Andrews, read and delayed until the committie concerning the half month’s cess to that college make their report.

1. NRS, PC2/24, 6v.

1. NRS, PC2/24, 6v.

Sederunt, 12 January 1692, Edinburgh

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D1692/1/92

Sederunt

Marquis of Douglas; Earl of Crawfurd Preces; Earl of Mortoune; Earl of Leven; Viscount Stair; Lord Raith; Lord Ruthven; Master of Burleigh; Lord Halton; Lord Aberuchill; Lord Fountonhall; Laird of Pollock; Laird of Leyes; Sir Thomas Livingston

At Edinburgh 12 January 16921

D1692/1/92

Sederunt

[James Douglas] marquis of Douglas; [William Lindsay] earl of Crawford, preces; [James Douglas] earl of Morton; [David Leslie] Earl of Leven; [James Dalrymple] Viscount Stair; [Alexander Melville] Lord Raith; [David] Lord Ruthven; [Robert Balfour] master of Burleigh; [Sir John Lauder] Lord Hatton; [Sir Colin Campbell] Lord Aberurchill; [Sir John Lauder] Lord Fountainhall; [Sir John Maxwell] laird of Pollok; [Sir Thomas Burnet] laird of Leys; Sir Thomas Livingston

1. NRS, PC2/24, 6v.

2. NRS, PC2/24, 6v.

1. NRS, PC2/24, 6v.

2. NRS, PC2/24, 6v.

Act, 7 January 1692, Edinburgh

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D1692/1/81

Act

Act The Master of Burleigh and others

Anent a Petition given in to the Lords of their Majesties privy Councill be Robert Master of Burleigh and remanent persones underwritten Shewing That wher some heritors of Coall rent in Fyfe haveing meaned themselves to the saids Lords have obtained freedome from paying any cess for ther Coall rent especallie wher the Coall is become altogither useless to them, and now the Coall rents belonging to the Earle of Murray and the said Master of Burleigh at the Keltie Heughes being valued one Hundred and fiftie pund rent each of them is become of no use the Coall being quyt away, And sucklyke the Laird of Balmoutoes Coall rent of one hundred sixtein pund threten shilling four pennes rent and the Laird of Baldriggs of Sixtie six punds thretein shill four penies all are given up, and it is not reasonable that they should pay cess for a rent which they had nothing of, and which is quyte extinguished, Bot raither that the samen should be given doune and the partie which is now quartering for the samen Discharged and the saids Lords would find some other way they thought fittest for makeing up the totall of the shyre and not to sufer the petitioners to be appressed in paying cess for a rent which is not in rerum natura as the Commissioners of the shyre shall make it up And Therfore Humbly Craveing the saids Lords to Discharge the present quartering untill some way be taken by the saids Lords or the Commissioners of the Shyre to take any other way for makeing up the totall of the shyre as the petitioner bears. The Lords of ther Majesties Privy Councill haveing heard this petition given in to them be the Master of Burghly Read in their presence They ordaine the Collector of the shyre within which the Master of Burghlies Coall Lyes, To see the same, and appoints him to accquaint the Commissioners of assessment of the said shyre therwith, and appoints them to given in their answers therto betuixt and the nynth day of February nixt to come, and Discharging all quartering to be used against the said master till the saids ansuers be given in to, and advysed be the saids Lords of Councill, and if ther be any parties allready quartured up on the master Ordaines them to be removed for the masters proportion of the cess of the above Coall Conform to the valuation of the shyre.

At Edinburgh 7 January 1692

D1692/1/81

Act

Act for the Master of Burleigh and others

Concerning a petition given in to the lords of their majesties’ privy council by Robert [Balfour] Master of Burleigh and remaining persons underwritten, showing that where some heritors of coal rent in Fife having submitted themselves to the said lords have obtained freedom from paying any cess for their coal rent, especially where the coal has become altogether useless to them, and now the coall rents belonging to the earl of Murray and the said Master of Burleigh at the Keltie Heughes being valued at one hundred and fifty pounds rent each of them has become of no use, the coal being quit away, and likewise the Laird of Balmuto’s coal rent of one hundred and sixteen pounds, thirteen shillings and four pennies rent and the Laird of Baldridge of sixty six pounds, thirteen shillings and four pennies all are given up, and it is not reasonable that they should pay cess for a rent which they had nothing of, and which is quite extinguished, but rather that the same should be given down and the party which is now quartering for the same discharged and the said lords would find some other way they thought most fit for making up the total of the shire and not to suffer the petitioners to be oppressed in paying cess for a rent which is not in in the nature of things as the commissioners of the shire shall make it up, and therefore humbly craving the said lords to discharge the present quartering until some way be taken by the said lords or the commissioners of the shire to take any other way for making up the total of the shire as the petitioner bears. The lords of their majesties’ privy council having heard this petition given in to them by the Master of Burleigh read in their presence they ordain the collector of the shire within which the Master of Burleigh’s coall lyes, to see the same and appoints him to acquaint the commissioners of assessment of the said shire therewith, and appoints them to give in their answers thereto between now and the ninth day of February next to come, and discharging all quartering to be used against the said master until the said answers be given in to, and advised by the saids lords of council, and if there be any parties already quartered up on the master ordain them to be removed for the master’s proportion of the cess of the above coal conforming to the valuation of the shire.

1. NRS, PC2/24, 5v-6r.

1. NRS, PC2/24, 5v-6r.