Tag Archives: July

Act, 25 July 1695, Edinburgh

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Edinburgh the 25th Jully 1695

D1695/7/491

Act

Act The Lady Pitsligo anent the stipend of Tyrie for repairing the Kirk

Anent the petition given in to the Lords of his majesties privy Councill be Lady Sophia Erskine Dowager of Pitsligo for her self and in name and behalf of the heritors and others in the paroch of Tyrie Shewing That quher by the twentie thrid act of the first session of this Current parliament Concerning patronadges vaccant stipends are appointed to be Imployed by the patrones upon pious uses within the paroch True It is that the said Kirk of Tyrie having vacked now since Jaj vjc nyntie two inclussive and quherof the stipend amounts but to about seven hundred merks The Lord Saltoune patron has upon applicatione to their Lordships obtained ane Thousand merks of the said bygone vaccand stipends to be Imployed upon the repairing of the peer and harbour of Frasersburgh whill in the mean time the Fabrick of the kirk it self and the ministers manse are notoriously knowen to have been these many years bypast in a very ill Conditione and by the vaccance now these four years are become so ruinous that it will requyre near as much expences to repair the same as the first building of them did Cast And seing the petitioners grudge not the patrons getting ane thousand merks towards ane use that is altogither without the bounds of the parish as said is provyding Consideration be hade of the ruinous Condition of their oun kirk and manse aforsaid and that the remander of the said vaccant stipends preceiding this date and ay and whill the kirk be planted or supplied Doe goe the full Length in putting the Church and manse in such ane suitable Condition as Law requyres and that the petitioners are Content the said remainder of the said vaccand stipend be Imployed upon the repairing of the kirk and manse as said is, at the sight of the said Lords would be pleased to name and appoint And Therfore humbly Craveing the saids Lords would be pleased to name and appoint2 Henry Caddell in Aberdour to be Collector for uplifting the remander of the vaccand stipends of the said paroch of Tyrie preceiding Whitsunday Last and ay and whill the same be planted or in the interim supplied and that to be Imployed at the sight of the said Lord Saltone patron or of the moderator of the presbytrie or any whom they or the saids Lords should think fitt to appoint upon the repairatione and building of the said kirk of Tyrie and Ministers Manse therat according as the expences of the same shall be estimate by skillfull workmen He the said Hary Caddell allwayes finding suficient Cautione to make his intromissione furthcomeing and Imploy the same ut supra as the said petition bears The Lords of his majesties privy Councill Having Considered the above petitione given in to them be the above Lady Sophia Erskine Dowager of Pitsligo for herself and in name of the heritors and others in the paroch of Tyrie They heirby allow the vaccand stipend of the kirk of Tyrie preceiding the terme of Whitsunday Last by past remaineing over and above the said soume of ane Thousand merks given in to the Lord Saltoune for repairing the harbour of Frasersburgh To be Imployed at the sight of the said Lord Saltoune patron of the said kirk and of the moderator of the presbytrie within which the said kirk Lyes for repairing and building of the said kirk and ministers manse therat And Nominats and appoints Henry Calder in Aberdour to be Collector for uplifting the said remander vaccant stipend, And Ordaines the heritors Lyfrenters Wodsetters titullars tacksmen of teynds tennents possessors and others Lyable in payment of the said remander vaccant stipend of Tyrie to make payment to the said factor of the said remander vaccant stipend In Respect the said factor has given bond and found suficient Cautione acted in the books of privy Councill That he shall apply the said remander vaccant stipend to be Collected as said is to be Imployed at sight of the saids Lord Saltoun and moderator of the presbytrie for repairing and building the said kirk and ministers manse And Ordaines Letters of horning under the signet of Councill to be direct at the instance of the said factor against the heritors and others forsaids Lyable in payment of the remander vaccant stipend upon production of a decreet of Locallity and incaice ther be non Ordaines the heritors and others forsaids To make payment of their respective proportiones of the said vaccant stipend according as they shall be Decerned by the Judge ordinar.

Edinburgh the 25th Jully 1695

D1695/7/491

Act

Act The Lady Pitsligo anent the stipend of Tyrie for repairing the Kirk

Anent the petition given in to the Lords of his majesties privy Councill be Lady Sophia Erskine Dowager of Pitsligo for her self and in name and behalf of the heritors and others in the paroch of Tyrie Shewing That quher by the twentie thrid act of the first session of this Current parliament Concerning patronadges vaccant stipends are appointed to be Imployed by the patrones upon pious uses within the paroch True It is that the said Kirk of Tyrie having vacked now since Jaj vjc nyntie two inclussive and quherof the stipend amounts but to about seven hundred merks The Lord Saltoune patron has upon applicatione to their Lordships obtained ane Thousand merks of the said bygone vaccand stipends to be Imployed upon the repairing of the peer and harbour of Frasersburgh whill in the mean time the Fabrick of the kirk it self and the ministers manse are notoriously knowen to have been these many years bypast in a very ill Conditione and by the vaccance now these four years are become so ruinous that it will requyre near as much expences to repair the same as the first building of them did Cast And seing the petitioners grudge not the patrons getting ane thousand merks towards ane use that is altogither without the bounds of the parish as said is provyding Consideration be hade of the ruinous Condition of their oun kirk and manse aforsaid and that the remander of the said vaccant stipends preceiding this date and ay and whill the kirk be planted or supplied Doe goe the full Length in putting the Church and manse in such ane suitable Condition as Law requyres and that the petitioners are Content the said remainder of the said vaccand stipend be Imployed upon the repairing of the kirk and manse as said is, at the sight of the said Lords would be pleased to name and appoint And Therfore humbly Craveing the saids Lords would be pleased to name and appoint2 Henry Caddell in Aberdour to be Collector for uplifting the remander of the vaccand stipends of the said paroch of Tyrie preceiding Whitsunday Last and ay and whill the same be planted or in the interim supplied and that to be Imployed at the sight of the said Lord Saltone patron or of the moderator of the presbytrie or any whom they or the saids Lords should think fitt to appoint upon the repairatione and building of the said kirk of Tyrie and Ministers Manse therat according as the expences of the same shall be estimate by skillfull workmen He the said Hary Caddell allwayes finding suficient Cautione to make his intromissione furthcomeing and Imploy the same ut supra as the said petition bears The Lords of his majesties privy Councill Having Considered the above petitione given in to them be the above Lady Sophia Erskine Dowager of Pitsligo for herself and in name of the heritors and others in the paroch of Tyrie They heirby allow the vaccand stipend of the kirk of Tyrie preceiding the terme of Whitsunday Last by past remaineing over and above the said soume of ane Thousand merks given in to the Lord Saltoune for repairing the harbour of Frasersburgh To be Imployed at the sight of the said Lord Saltoune patron of the said kirk and of the moderator of the presbytrie within which the said kirk Lyes for repairing and building of the said kirk and ministers manse therat And Nominats and appoints Henry Calder in Aberdour to be Collector for uplifting the said remander vaccant stipend, And Ordaines the heritors Lyfrenters Wodsetters titullars tacksmen of teynds tennents possessors and others Lyable in payment of the said remander vaccant stipend of Tyrie to make payment to the said factor of the said remander vaccant stipend In Respect the said factor has given bond and found suficient Cautione acted in the books of privy Councill That he shall apply the said remander vaccant stipend to be Collected as said is to be Imployed at sight of the saids Lord Saltoun and moderator of the presbytrie for repairing and building the said kirk and ministers manse And Ordaines Letters of horning under the signet of Councill to be direct at the instance of the said factor against the heritors and others forsaids Lyable in payment of the remander vaccant stipend upon production of a decreet of Locallity and incaice ther be non Ordaines the heritors and others forsaids To make payment of their respective proportiones of the said vaccant stipend according as they shall be Decerned by the Judge ordinar.

1. NRS, PC2/25, 309r-310r.

2. Sic.

1. NRS, PC2/25, 309r-310r.

2. Sic.

Act, 25 July 1695, Edinburgh

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Edinburgh the 25th Jully 1695

D1695/7/481

Act

Act Margret Chalmers

Anent the petition given in to the Lords of his majesties privy Councill be Margret Chalmer relict to the deceast Mr Gilbert Marishall late minister at Invernes Shewing That the petitioners husband having dyed about the Last of February Jaj vjc nyntie one The petitioner prevailled with her friends to supply the vaccancie till Whitsunday therafter, as ane Declaration of the magistrats and toune Councill of Invernes would testifie Wherupon the saids Lords did by ther act in september Jaj vjc nyntie two allow her ryt to the half years vaccand stipend from Whitsunday Jaj vjc nyntie one to mertimes therafter notwithstanding quherof before extract, her intrest in her absence not being noticed Mr William Stewart minister obtained ane right from their Lordships to that half years stipend and the wholl vaccancie till Whitsunday Jaj vjc nyntie thrie and now seing the said terme is elapsed the Church of Invernes not being as yet planted and the petitioner is reduced to great straits by her husbands Cautionry and otherwayes and the place was supplyed by her procurement as a forsaid and ther are other termes vaccant suficient to answer the design of the late act of parliament In favors of those who shall be Called to preach at the said Church and Therfore humbly suplicating the saids Lords to the effect aftermentioned The Lords of his majesties privy Councill having Considered this petition given in to them be the above Margrat Chalmers with the Declaration mentioned therin and produced therwith They heirby allow the petitioner the half years stipend of the kirk of Innverness frae Whitsunday Jaj vjc nyntie thrie years to mertimiss the said year In place of the half year granted be the saids Lords ther former act, And Decernes and Ordaines the heritors fewers Wodsetters Lyfrentars fermorers titulars tacksmen of teynds tennents possessors and others Lyable in payment of the said half years stipend to make payment therof to the said petitioner And Ordaines Letters of horning under the signet of Councill to be direct at the instance of the said petitioner against the heritors and others forsaids Lyable in payment of the said half years stipend upon production of a decreet of Locality and in cace ther be non Ordaines the heritors and others forsaids to make payment of their respective proportiones of the said half years stipend according as they shall be Decerned by the Judge ordinary.

Edinburgh the 25th Jully 1695

D1695/7/481

Act

Act Margret Chalmers

Anent the petition given in to the Lords of his majesties privy Councill be Margret Chalmer relict to the deceast Mr Gilbert Marishall late minister at Invernes Shewing That the petitioners husband having dyed about the Last of February Jaj vjc nyntie one The petitioner prevailled with her friends to supply the vaccancie till Whitsunday therafter, as ane Declaration of the magistrats and toune Councill of Invernes would testifie Wherupon the saids Lords did by ther act in september Jaj vjc nyntie two allow her ryt to the half years vaccand stipend from Whitsunday Jaj vjc nyntie one to mertimes therafter notwithstanding quherof before extract, her intrest in her absence not being noticed Mr William Stewart minister obtained ane right from their Lordships to that half years stipend and the wholl vaccancie till Whitsunday Jaj vjc nyntie thrie and now seing the said terme is elapsed the Church of Invernes not being as yet planted and the petitioner is reduced to great straits by her husbands Cautionry and otherwayes and the place was supplyed by her procurement as a forsaid and ther are other termes vaccant suficient to answer the design of the late act of parliament In favors of those who shall be Called to preach at the said Church and Therfore humbly suplicating the saids Lords to the effect aftermentioned The Lords of his majesties privy Councill having Considered this petition given in to them be the above Margrat Chalmers with the Declaration mentioned therin and produced therwith They heirby allow the petitioner the half years stipend of the kirk of Innverness frae Whitsunday Jaj vjc nyntie thrie years to mertimiss the said year In place of the half year granted be the saids Lords ther former act, And Decernes and Ordaines the heritors fewers Wodsetters Lyfrentars fermorers titulars tacksmen of teynds tennents possessors and others Lyable in payment of the said half years stipend to make payment therof to the said petitioner And Ordaines Letters of horning under the signet of Councill to be direct at the instance of the said petitioner against the heritors and others forsaids Lyable in payment of the said half years stipend upon production of a decreet of Locality and in cace ther be non Ordaines the heritors and others forsaids to make payment of their respective proportiones of the said half years stipend according as they shall be Decerned by the Judge ordinary.

1. NRS, PC2/25, 308v-309r.

1. NRS, PC2/25, 308v-309r.

Order, 25 July 1695, Edinburgh

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Edinburgh the 25th Jully 1695

D1695/7/471

Order

Recomendatione Jonet Knox to the Lords of Thesaurie

Anent the petition given in to the Lords of his Majesties privy Councill be Jonet Knox relict of Thomas Blaickwell in Glasgow Shewing That wher upon a representatione of the petitioner and her Cheldreins sad and deplorable Condition throw the hardships her husband and her self mett with in their estates and fortunes in the late times by fyneing and Imprisonment Wherthrow her said husband Lost his life beside that his Liveliehood was exhausted He and the petitioner after his decease having payed upwards of five hundred punds sterling of fyne and all upon the accompt of frequenting Conventicles and Which having been represented to the honoraball estates of this present parliement and found by them to be of treuth and verity Conforme to the Committie of parliaments report theranent and that the act of parliament Rescinding fynes and forfaulters did not Comprehend the petitioners Circumstantiat Case In Respect that non represents those who exacted the fyne the parliament was pleased by their act dated the nynth of June Jaj vjc nyntie thrie years To Remitt the petitioners Condition to the Consideratione of the saids Lords of privy Councill in order to the refounding her either out of the vaccand stipends Bishops rents or whatever other fond should be thought convenient And Therfore humbly Craveing the saids Lords would allow the said act of parliament to be read and doe theranent as they should think fitt with regaird to the petitioners sad and Low Condition that the forsaid servitors has brought her to as the petition bears The Lords of his Majesties privy Councill having Considered the petition given in to them be the above Janet Knox They heirby Recomend to the Lords Commissioners of his majesties thesaurie to order the Collector of the vaccand stipends To give the petitioner a factory and power to uplift such vaccant stipends as she shall discover and as their Lordships shall think fitt towards the repairation of the damnages Contained in the act of parliament in the petitioners favors.

Edinburgh the 25th Jully 1695

D1695/7/471

Order

Recomendatione Jonet Knox to the Lords of Thesaurie

Anent the petition given in to the Lords of his Majesties privy Councill be Jonet Knox relict of Thomas Blaickwell in Glasgow Shewing That wher upon a representatione of the petitioner and her Cheldreins sad and deplorable Condition throw the hardships her husband and her self mett with in their estates and fortunes in the late times by fyneing and Imprisonment Wherthrow her said husband Lost his life beside that his Liveliehood was exhausted He and the petitioner after his decease having payed upwards of five hundred punds sterling of fyne and all upon the accompt of frequenting Conventicles and Which having been represented to the honoraball estates of this present parliement and found by them to be of treuth and verity Conforme to the Committie of parliaments report theranent and that the act of parliament Rescinding fynes and forfaulters did not Comprehend the petitioners Circumstantiat Case In Respect that non represents those who exacted the fyne the parliament was pleased by their act dated the nynth of June Jaj vjc nyntie thrie years To Remitt the petitioners Condition to the Consideratione of the saids Lords of privy Councill in order to the refounding her either out of the vaccand stipends Bishops rents or whatever other fond should be thought convenient And Therfore humbly Craveing the saids Lords would allow the said act of parliament to be read and doe theranent as they should think fitt with regaird to the petitioners sad and Low Condition that the forsaid servitors has brought her to as the petition bears The Lords of his Majesties privy Councill having Considered the petition given in to them be the above Janet Knox They heirby Recomend to the Lords Commissioners of his majesties thesaurie to order the Collector of the vaccand stipends To give the petitioner a factory and power to uplift such vaccant stipends as she shall discover and as their Lordships shall think fitt towards the repairation of the damnages Contained in the act of parliament in the petitioners favors.

1. NRS, PC2/25, 308r-308v.

1. NRS, PC2/25, 308r-308v.

Act, 25 July 1695, Edinburgh

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Edinburgh the 25th Jully 1695

D1695/7/461

Act

Act The Magistrats of Aberdeen anent ther kirk session

Anent The petition given in to the Lords of his majesties privy Councill be the Magistrats and toune Councill of Aberdeen Shewing That wher by the Constitution and Custome of the burgh the toune of Aberdein hade thrie Ministers in use to preach in Circle in the two kirks belonging to the burgh with the professor of Divinity who preached in the Collodge kirk But now the professor having quyt the Collodge kirk, and Mr Thomas Ramsay a presbyterian minister being lately setled ther as one of the thrie ministers with Mr William Blair and Mr Androw Burnet the other two who also served under Episcopacy and are still dissenters, The Custome is Changed and the Course of their preaching in Circuits is brock and the matter become the more uneasie, Lykas the thrie ministers haveing hade allwayes but one session, The former session that served under Bishops was with them exauthorat and the Commissione of the late generall assembly setled a new sessione in the place but albeit the old session be now Illegall and that the new presbyterian sessione is the only legall and regullar session in the burgh, yet the old session doe still behave as the only kirk sessione and keep up the poors money bands and box and Collect at the Church doors and even when and wher Mr Thomas Ramsay 2 presbyterian minister and his assistants do preach which tho it be a great disorder and such as the petitioners might by themselves rectifie yet for peace sake the petitioners hade hitherto forborne to use ther authoritie Least it might occasion greater disorder And seing the case of the burgh both in respect of the different perswasions of the ministers and usurpation of the old session could only be helped by the interposeing their Lordships authoritie for preventing greater inconveniences upon both hands, And Therfore supplicating to the effect aftermentioned as the said petition bears The Which petition being upon the fourth day of June Last Called in presence of his majesties high Commissioner and Lords of privy Councill They allowed the above descenting ministers to see and answer the same against the Eightein day of the said moneth and accordingly they having given in answers therto The saids Lords upon the twentie thrid of Jully instant Recomended to a Comittie of their oun number to Consider the said petition and answers given in therto and to endeavor to setle and agree the parties and in case of deficulty to report to the Councill and the Comittie having accordingly mett and made ther report anent the same The saids Lords of his Majesties privy Councill having this day Considered the said petition and answers given in therto as also a petition given in be the saids Discenting ministers this day togither with the report of the said Comittie of their oun number, They heirby Declair That the old kirk session of Aberdeen Which was the session under the Bishops Is not now the legall sessione and that the kirk session. lately Constitute in ther place by the Commission of the late generall assembly Is the only Legall sessione and that Therfore Conforme to the acts of privy Councill The Records of the kirk session utincills of the Church and poors books and money and what else belongs to the kirk sessione should be delivered to the new sessione And that they have the only power of Collecting at the kirk doors and otherwayes for the poor and Ordaines letters to be direct against the old kirk sessione to desist and give up the particulars abovementioned to the new Kirk session.

Edinburgh the 25th Jully 1695

D1695/7/461

Act

Act The Magistrats of Aberdeen anent ther kirk session

Anent The petition given in to the Lords of his majesties privy Councill be the Magistrats and toune Councill of Aberdeen Shewing That wher by the Constitution and Custome of the burgh the toune of Aberdein hade thrie Ministers in use to preach in Circle in the two kirks belonging to the burgh with the professor of Divinity who preached in the Collodge kirk But now the professor having quyt the Collodge kirk, and Mr Thomas Ramsay a presbyterian minister being lately setled ther as one of the thrie ministers with Mr William Blair and Mr Androw Burnet the other two who also served under Episcopacy and are still dissenters, The Custome is Changed and the Course of their preaching in Circuits is brock and the matter become the more uneasie, Lykas the thrie ministers haveing hade allwayes but one session, The former session that served under Bishops was with them exauthorat and the Commissione of the late generall assembly setled a new sessione in the place but albeit the old session be now Illegall and that the new presbyterian sessione is the only legall and regullar session in the burgh, yet the old session doe still behave as the only kirk sessione and keep up the poors money bands and box and Collect at the Church doors and even when and wher Mr Thomas Ramsay 2 presbyterian minister and his assistants do preach which tho it be a great disorder and such as the petitioners might by themselves rectifie yet for peace sake the petitioners hade hitherto forborne to use ther authoritie Least it might occasion greater disorder And seing the case of the burgh both in respect of the different perswasions of the ministers and usurpation of the old session could only be helped by the interposeing their Lordships authoritie for preventing greater inconveniences upon both hands, And Therfore supplicating to the effect aftermentioned as the said petition bears The Which petition being upon the fourth day of June Last Called in presence of his majesties high Commissioner and Lords of privy Councill They allowed the above descenting ministers to see and answer the same against the Eightein day of the said moneth and accordingly they having given in answers therto The saids Lords upon the twentie thrid of Jully instant Recomended to a Comittie of their oun number to Consider the said petition and answers given in therto and to endeavor to setle and agree the parties and in case of deficulty to report to the Councill and the Comittie having accordingly mett and made ther report anent the same The saids Lords of his Majesties privy Councill having this day Considered the said petition and answers given in therto as also a petition given in be the saids Discenting ministers this day togither with the report of the said Comittie of their oun number, They heirby Declair That the old kirk session of Aberdeen Which was the session under the Bishops Is not now the legall sessione and that the kirk session. lately Constitute in ther place by the Commission of the late generall assembly Is the only Legall sessione and that Therfore Conforme to the acts of privy Councill The Records of the kirk session utincills of the Church and poors books and money and what else belongs to the kirk sessione should be delivered to the new sessione And that they have the only power of Collecting at the kirk doors and otherwayes for the poor and Ordaines letters to be direct against the old kirk sessione to desist and give up the particulars abovementioned to the new Kirk session.

1. NRS, PC2/25, 307r-308r.

2. Illegible word scored out here.

1. NRS, PC2/25, 307r-308r.

2. Illegible word scored out here.

Decreet, 25 July 1695, Edinburgh

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Edinburgh the 25th Jully 1695

D1695/7/451

Decreet

Decreet Sandilands and Spence etc Against Hepburne

Anent the lybell or Complaint raised and pursued before the Lords of privy Councill at the instance of Rachall Sandilands relict of the deceast Thomas Spence merchant burges of Edinburgh and Rachall Spence daughter to the said Thomas and Thomas Hendersone Chirurgeon appothecary burges of Edinburgh for his intrest and Thomas Henderson eldest Lawfull sone to the said Thomas with Concourse of Sir James Stewart his majesties advocat for his highnes intrest in the matter underwritten Mentioning That wher by the lawes of this and all other weell governed realmes all violence and Ryots are prohibit and the Committing therof specially when persones are brought togither by the Committer, and the Committing therof himself To treat of a Civill affair and when the same is acted by the sudden and violent tearing of writes and securities in a furious maner to Destroy privat rights and with minaceing and offering to draw a sword and2 kill the persone whose right is destroyed Is a Cryme of a high nature and ought to be severly punished as also that it belongs to the Justice and care of the government Wher such ryots hapen to doe all that can be Lawfullie done for makeing up the writtes torne as said is and repairing the partie injured and secureing of his persone Nevertheless Its of verity that the deceast Thomas Spence Doctor of medicine haveing by a Dispositione dated the Twelth day of march Last Dispone to the pursuers a part of the Estate and Fortune he hade, and the Doctor therafter Deceasand, James Hepburne in the Milne of Fuccabus and Cobnoch who maried Beatrix Spence another daughter of the said Thomas Spence and sister to the forsaid Rachall Spence Conceaveing himself unequally and unkyndlie dealt with by the said Doctor Spence who hade not left so much of his estate to the said Beatrix his wife as he hade done to Rachall her sister did desire that freinds might meet and Comune and that the disposition made be the deceast Doctor to the pursuers might be produced and seen Which having obtained and freinds haveing meett with the said James Hepburne in the house of Rachall Sandilands his mother in Law upon the twentie thrid day of may Last The said dispositione was produced and put in the hands of Mr John Nisbett writter to the signet, and who was tryster ther for the said James Hepburne desired that he might read the same before the Company But whill he was reading the said James first Murmuring and Storming at what the hard read Did when reading was almost ended rose up in a fury and snatched the papers out of Mr Nisbetts hands and in a moment before any Could interpose teared it in peices, and furder did swear and minace offering to draw his Sword and Laying his hand upon the guard of it, untill that the persones present Laid hold on him, and took out of his hands the peices of the disposition that he still held and gathered up the rest which tearing with the peaces of the said disposition that were torne are all manifast to be produced before the saids Lords and by which it is evident3 the said James Hepburne Is guilty airt and part of a most violent Ryot For quhich he ought not only to be Decerned to pay to the persewers the Soume of Ten thousand merks for their expences and damnages, But also otherwayes punished in his persones and goods to the terror to Commit the like in time coming and Furder Whither the said James Hepburne Compeir or not, The forsaid Disposition quherof The Torne peices are all so extant and preserved That they may easily be sett and Battered togither at the sight of the Lords of privy Councill Ought to be so4 made up5 to the effect the pursuers parties concerned may still have the benefit therof Sicklike and in the same maner as if the said disposition hade never been Torn But were yet intire in the pursuers hands And Anent the Charge given to the saids defenders To have Compeired personally before the saids Lords at ane Certain day now bygone To have answered to the grounds of the said Complaint and to have heard and seen such order and Course taken theranent as appertained under the paine of Rebellion and puting of them to the horn With Certificatione etc as the said Lybell and executiones therof more fully bears The Which Lybell being upon the Eleventh of June Last being Called in presence of the saids Lords of privy Councill, and the saids pursuers Compeiring personally with Sir James Stewart his majesties Advocat and Mr Micheall Lumsdale advocate their procurators and the above James Hepburne defender Compeiring also personally And his Spouse being Called and not Compeiring and Sir James Ogilvie Compeiring as procurator for both the defenders The Lybell being Read The persewers advocat Declaired he insisted in the haill points of his Lybell6 and the defenders Advocat alledged that the Ryot was res hartenus Judicata His Majesties his Court and the saids Lords of privy Councill having Considered the Lybell and at Length heard both parties Advocats They theirby addmitted the Lybell and all the points therof to the pursuers probation and exception of hactenus Judicata to the defenders probatione And appointed a Committie of their oun number for receiveing the witnesses Depositiones and the wholl probation which should be adduced in this affair, Whither for proveing the Lybell or for the defenders exception of res hactenus Judicata, and Reserved all objectiones quhich should be made against the witnesses to be proponed and discussed before the said Commitie The which Committie having accordingly mett and taken the oathes and depositiones of diverse and sundrie famous witnesses Who being all solemnly sworne and Interrogat Depones and Declairs as their oathes and depositiones extant in proces bears And The saids Lords of his majesties privy Councill having this day Considered the Lybell and depositiones of the witnesses with the Torne paper now battered togither and haill stopts of this proces, The Find That the Ryot of ryveing of the paper Lybelled is res hactenus Judicata be the Lord high Constables Court, and that the severall peices of the said Torne paper ware put togither at the sight of a Committie of Councill, and that the torne paper and severall peices are acknowledged by the defender and by the witnesses Depositiones to be the same paper, Which was torne by the defender James Hepburne, And ordaines the paper as it is now battered to be delyvered up to the pursuers And modifies the soume of six hundred merks scots to be payed be the said James Hepburne defender to the saids pursuers for damnages and expences, And Ordaines letters of horning One six dayes and others needfull to be direct at the pursuers instance against the said James Hepburne for payment of the said soume.

Edinburgh the 25th Jully 1695

D1695/7/451

Decreet

Decreet Sandilands and Spence etc Against Hepburne

Anent the lybell or Complaint raised and pursued before the Lords of privy Councill at the instance of Rachall Sandilands relict of the deceast Thomas Spence merchant burges of Edinburgh and Rachall Spence daughter to the said Thomas and Thomas Hendersone Chirurgeon appothecary burges of Edinburgh for his intrest and Thomas Henderson eldest Lawfull sone to the said Thomas with Concourse of Sir James Stewart his majesties advocat for his highnes intrest in the matter underwritten Mentioning That wher by the lawes of this and all other weell governed realmes all violence and Ryots are prohibit and the Committing therof specially when persones are brought togither by the Committer, and the Committing therof himself To treat of a Civill affair and when the same is acted by the sudden and violent tearing of writes and securities in a furious maner to Destroy privat rights and with minaceing and offering to draw a sword and2 kill the persone whose right is destroyed Is a Cryme of a high nature and ought to be severly punished as also that it belongs to the Justice and care of the government Wher such ryots hapen to doe all that can be Lawfullie done for makeing up the writtes torne as said is and repairing the partie injured and secureing of his persone Nevertheless Its of verity that the deceast Thomas Spence Doctor of medicine haveing by a Dispositione dated the Twelth day of march Last Dispone to the pursuers a part of the Estate and Fortune he hade, and the Doctor therafter Deceasand, James Hepburne in the Milne of Fuccabus and Cobnoch who maried Beatrix Spence another daughter of the said Thomas Spence and sister to the forsaid Rachall Spence Conceaveing himself unequally and unkyndlie dealt with by the said Doctor Spence who hade not left so much of his estate to the said Beatrix his wife as he hade done to Rachall her sister did desire that freinds might meet and Comune and that the disposition made be the deceast Doctor to the pursuers might be produced and seen Which having obtained and freinds haveing meett with the said James Hepburne in the house of Rachall Sandilands his mother in Law upon the twentie thrid day of may Last The said dispositione was produced and put in the hands of Mr John Nisbett writter to the signet, and who was tryster ther for the said James Hepburne desired that he might read the same before the Company But whill he was reading the said James first Murmuring and Storming at what the hard read Did when reading was almost ended rose up in a fury and snatched the papers out of Mr Nisbetts hands and in a moment before any Could interpose teared it in peices, and furder did swear and minace offering to draw his Sword and Laying his hand upon the guard of it, untill that the persones present Laid hold on him, and took out of his hands the peices of the disposition that he still held and gathered up the rest which tearing with the peaces of the said disposition that were torne are all manifast to be produced before the saids Lords and by which it is evident3 the said James Hepburne Is guilty airt and part of a most violent Ryot For quhich he ought not only to be Decerned to pay to the persewers the Soume of Ten thousand merks for their expences and damnages, But also otherwayes punished in his persones and goods to the terror to Commit the like in time coming and Furder Whither the said James Hepburne Compeir or not, The forsaid Disposition quherof The Torne peices are all so extant and preserved That they may easily be sett and Battered togither at the sight of the Lords of privy Councill Ought to be so4 made up5 to the effect the pursuers parties concerned may still have the benefit therof Sicklike and in the same maner as if the said disposition hade never been Torn But were yet intire in the pursuers hands And Anent the Charge given to the saids defenders To have Compeired personally before the saids Lords at ane Certain day now bygone To have answered to the grounds of the said Complaint and to have heard and seen such order and Course taken theranent as appertained under the paine of Rebellion and puting of them to the horn With Certificatione etc as the said Lybell and executiones therof more fully bears The Which Lybell being upon the Eleventh of June Last being Called in presence of the saids Lords of privy Councill, and the saids pursuers Compeiring personally with Sir James Stewart his majesties Advocat and Mr Micheall Lumsdale advocate their procurators and the above James Hepburne defender Compeiring also personally And his Spouse being Called and not Compeiring and Sir James Ogilvie Compeiring as procurator for both the defenders The Lybell being Read The persewers advocat Declaired he insisted in the haill points of his Lybell6 and the defenders Advocat alledged that the Ryot was res hartenus Judicata His Majesties his Court and the saids Lords of privy Councill having Considered the Lybell and at Length heard both parties Advocats They theirby addmitted the Lybell and all the points therof to the pursuers probation and exception of hactenus Judicata to the defenders probatione And appointed a Committie of their oun number for receiveing the witnesses Depositiones and the wholl probation which should be adduced in this affair, Whither for proveing the Lybell or for the defenders exception of res hactenus Judicata, and Reserved all objectiones quhich should be made against the witnesses to be proponed and discussed before the said Commitie The which Committie having accordingly mett and taken the oathes and depositiones of diverse and sundrie famous witnesses Who being all solemnly sworne and Interrogat Depones and Declairs as their oathes and depositiones extant in proces bears And The saids Lords of his majesties privy Councill having this day Considered the Lybell and depositiones of the witnesses with the Torne paper now battered togither and haill stopts of this proces, The Find That the Ryot of ryveing of the paper Lybelled is res hactenus Judicata be the Lord high Constables Court, and that the severall peices of the said Torne paper ware put togither at the sight of a Committie of Councill, and that the torne paper and severall peices are acknowledged by the defender and by the witnesses Depositiones to be the same paper, Which was torne by the defender James Hepburne, And ordaines the paper as it is now battered to be delyvered up to the pursuers And modifies the soume of six hundred merks scots to be payed be the said James Hepburne defender to the saids pursuers for damnages and expences, And Ordaines letters of horning One six dayes and others needfull to be direct at the pursuers instance against the said James Hepburne for payment of the said soume.

1. NRS, PC2/25, 305r-307r.

2. The word ‘the’ scored out here.

3. The word ‘that’ scored out here.

4. Insertion.

5. Insertion.

6. The word ‘being’ scored out here.

1. NRS, PC2/25, 305r-307r.

2. The word ‘the’ scored out here.

3. The word ‘that’ scored out here.

4. Insertion.

5. Insertion.

6. The word ‘being’ scored out here.

Sederunt, 25 July 1695, Edinburgh

Posted on by

Edinburgh the 25th Jully 16951

D1695/7/442

Sederunt

Lord Chancelor; Earl of Melvill p: seall; Duke of Queensberry; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Leven; Earl of Forfar; Earl of Kintoir; Lord Yester; Viscount Tarbat; Lord Ross; Lord Beilhaven; Lord Polwarth; Mr Johnston secret:; Lord Advocat; Lord Justice Clerk; Lord Hatton; Laird of Grant; Laird Blackbarony; Sir George Campbell

Edinburgh the 25th Jully 16951

D1695/7/442

Sederunt

Lord Chancelor; Earl of Melvill p: seall; Duke of Queensberry; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Leven; Earl of Forfar; Earl of Kintoir; Lord Yester; Viscount Tarbat; Lord Ross; Lord Beilhaven; Lord Polwarth; Mr Johnston secret:; Lord Advocat; Lord Justice Clerk; Lord Hatton; Laird of Grant; Laird Blackbarony; Sir George Campbell

1. NRS, PC2/25, 305r.

2. NRS, PC2/25, 305r.

1. NRS, PC2/25, 305r.

2. NRS, PC2/25, 305r.

Order, 23 July 1695 (pm), Edinburgh

Posted on by

[23 July 1695] Eodem Die Post Meridiem

D1695/7/431

Order

Recomendation Anent accompts In favors of the Lady Tarbats tennants

The Lords of his Majesties privy Councill having Considered the report of a Committie of their oun number appointed for reviseing the accompts resting by his majesties forces to the Countrey Bearing That the Committie having Considered the accompts given in to them as resting by his Majesties forces upon scots pay to Jean Campbell Lady Tarbat and her tennents in the shyre of Argyll with the instructiones and verificationes therof They Find the haill articles of the said accompts suficiently verified and proven by the oathes and depositiones of the saids tennents taken before two of the Commissioners of supply, Within the shire of Argyll Conform to the Commissioners report Signed be them produced to and Considered be the said Committie And Finds that Conforme to the saids accompts and instructiones therof ther is resting be their majesties forces upon scots pay to the said Lady Tarbatts tennents the soumes following Viz the Earle of Glencairne his regiment of foot the soume of Two hundreth and fourty punds scots Item by the Earle of Argyll his regiment of foot the soume of Fourtie six pund thretein shilling four penies Item by the Garison in the Castle of Tarbat the soume of Eightein punds thretein shilling four pennies scots Extending to the haill soumes forsaid altogither in one to the soume of Thrie hundreth and five punds six shilling Eight penies scots And the Committie Finds that the haill articles of the said accompt were furnished preceiding the first day of February Jaj vjc nyntie one In Respect that its notour that ther were no forces in that Countrey since the year of God Jaj vjc Eightie nyne and that they are all in the termes of the nynth act fourth session of this Current parliament and also of the proclamationes of Councill relative therto And Therfore It Is the Committies opinion that the said totall soume of thrie hundreth and five punds six shilling Eight pennies scots ought to be payed to the said Jean Campbell Lady Tarbat and her tennents out of the present polemoney and that they are to be recomended to the Lords Commissioners of his majesties thesaury for payment of the same accordingly as the said report bears The saids Lords of his majesties privy Councill Doe heirby approve therof And Recomends to the Commissioners of parliament appointed anent the polemoney To Cause make payment to the said Lady Tarbat and her tennents of the soume of Thrie hundred and five punds six shilling Eight pennies scots in the said report resting be his majesties forces upon scots pay to them and that out of the said polemoney Excepting allwayes and deduceing from the said soume the soume of Eightein punds thretein shilling four penies money forsaid stated in the report as furnished to the Garison in the Castle of Tarbat untill the furnishers Condescend and prove to the privy Councill to what forces scots or Inglish the same was furnished and how much to each troop or regiment.

[23 July 1695] Eodem Die Post Meridiem

D1695/7/431

Order

Recomendation Anent accompts In favors of the Lady Tarbats tennants

The Lords of his Majesties privy Councill having Considered the report of a Committie of their oun number appointed for reviseing the accompts resting by his majesties forces to the Countrey Bearing That the Committie having Considered the accompts given in to them as resting by his Majesties forces upon scots pay to Jean Campbell Lady Tarbat and her tennents in the shyre of Argyll with the instructiones and verificationes therof They Find the haill articles of the said accompts suficiently verified and proven by the oathes and depositiones of the saids tennents taken before two of the Commissioners of supply, Within the shire of Argyll Conform to the Commissioners report Signed be them produced to and Considered be the said Committie And Finds that Conforme to the saids accompts and instructiones therof ther is resting be their majesties forces upon scots pay to the said Lady Tarbatts tennents the soumes following Viz the Earle of Glencairne his regiment of foot the soume of Two hundreth and fourty punds scots Item by the Earle of Argyll his regiment of foot the soume of Fourtie six pund thretein shilling four penies Item by the Garison in the Castle of Tarbat the soume of Eightein punds thretein shilling four pennies scots Extending to the haill soumes forsaid altogither in one to the soume of Thrie hundreth and five punds six shilling Eight penies scots And the Committie Finds that the haill articles of the said accompt were furnished preceiding the first day of February Jaj vjc nyntie one In Respect that its notour that ther were no forces in that Countrey since the year of God Jaj vjc Eightie nyne and that they are all in the termes of the nynth act fourth session of this Current parliament and also of the proclamationes of Councill relative therto And Therfore It Is the Committies opinion that the said totall soume of thrie hundreth and five punds six shilling Eight pennies scots ought to be payed to the said Jean Campbell Lady Tarbat and her tennents out of the present polemoney and that they are to be recomended to the Lords Commissioners of his majesties thesaury for payment of the same accordingly as the said report bears The saids Lords of his majesties privy Councill Doe heirby approve therof And Recomends to the Commissioners of parliament appointed anent the polemoney To Cause make payment to the said Lady Tarbat and her tennents of the soume of Thrie hundred and five punds six shilling Eight pennies scots in the said report resting be his majesties forces upon scots pay to them and that out of the said polemoney Excepting allwayes and deduceing from the said soume the soume of Eightein punds thretein shilling four penies money forsaid stated in the report as furnished to the Garison in the Castle of Tarbat untill the furnishers Condescend and prove to the privy Councill to what forces scots or Inglish the same was furnished and how much to each troop or regiment.

1. NRS, PC2/25, 304r-305r.

1. NRS, PC2/25, 304r-305r.

Order, 23 July 1695 (pm), Edinburgh

Posted on by

[23 July 1695] Eodem Die Post Meridiem

D1695/7/421

Order

Recomendatione anent accompts In favors of the Shyre of Bamff

The Lords of his Majesties privy Councill Having Considered the report of a Committie of their oun number appointed for reviseing the accompts due by the forces to the Countrey Bearing That the Committie having Considered the accompts given in to them as resting be his Majesties forces to the inhabitants within the shyre of Bamff written in two severall books with the Instructiones and verificationes therof They Find that ther are severall articles of the saids accompts Which are not in the termes of the act of parliament anent polemoney and proclamations of Councill relative therto And Therfore they have rejected and refused all these articles and Caused delite the same out of the accompts And Finds that ther were some of the articles of the saids accompts wrong in the Calcule And Therfore they have Caused ament these articles and stated them according to the right Calcule and Finds the haill articles of the saids accompts suficiently verified and proven either be recepts under the hands of the officers or Souldiers to whom the same was furnished Or be the oathes and depositions of the persones furnishers taken before the Commissioners of supply within the shyre of Bamff Conforme to the Commissioners their reports and some of them both be recepts and depositions all which accompts recepts and reports of the saids Commissioners were all produced to and Considered by the said Comittie, And Finds that besides the articles refused and rejected as said is Ther is yet resting by his majesties forces upon scots pay to the inhabitants within the shyre of Bamff the soumes following Viz be the Laird of Edinglassie his troop of horss the soume of seven hundreth and nyntein punds Eight shilling two pennies Scots Item by Sir William Hope his troop of horss the soume of four hundreth and thretie thrie punds five shilling six penies scots Item by Major Stewart his troop of horss the soume of sixtie punds scots Item by the Master of Polwarth his troope of horss the soume of five hundreth and fourtie eight punds five shilling scots Item by the Laird of Pollock his troop of horss the soume of ane Hundreth and thretie Eight punds ten shilling ten penies scots Item by the Lord Rollo his troop of horss the soume of Ane Hundreth and seventie punds ten shilling scots Item by the Lord Beilhaven his troop or horss the soume of Eight hundreth and two punds fiftein shilling four penies scots Item by the viscount of Kenmuir his regiment of foot he soume of threttie six punds thretein shilling four penies scots Item by Coll Richard Cuninghame his Regiment of foot two punds sixtein shilling scots Item by the Laird of Grant his regiment of foot Twelue punds thretein shilling six penies scots, Item to the Garison of Ballnadalloch the soume of two hundreth and Eightein punds thretein shilling scots Item to the Garisone of Gordon Castle the soume of Two hundreth sixtie seven punds Eightein shilling Scots Item to the Garison of Balvenie the Soume of seventie two punds Eleven shilling two penies scots Extending the haill soumes forsaids resting by his majesties forces upon scots pay to the saids inhabitants within the shire of Bamff to the soume of Four Thousand four hundreth and Eightie punds fourtein shillings scots, And Finds that the haill articles quherof this Last soume is made up were all furnished preceiding the first day of February Jaj vjc nyntie One years, and that they are all in the termes of the nynth act fourth session of this Current parliament Intitulled act for polemoney, And Therfore It is the Committies oppinion that the said soume of four hundred and Eighty punds fourtein shilling scots Is to be payed to the saids inhabitants within the shyre of Bamff out of the said polemoney and that they are to be Recomended to the Lords Commissioners of his majesties thesaury for payment of the same accordingly And Finds that ther is resting be Sir Thomas Livingston his regiment of Dragoons Which was not upon scots pay to the saids inhabitants the soume of ane hundreth and seventein punds fiftein shilling scots Which was furnished dureing the space and proven in the termes forsaids And Therfore It is their opinion that this soume is to be transmitted to the kings majestie that he may order such Courss to be taken therwith as in his Royall pleasure he shall think fitt as the said report bears The saids Lords Doe heirby approve of the above report and Recommends to the Commissioners of parliament appointed anent the polemoney To Cause pay to the saids inhabitants the above soume of Four Thousand four hundred and Eighty punds fourtein shilling scots as resting be his majesties forces upon scots pay to them, and that out of the said polemoney and appoints the soume of ane hundreth and seventein punds fiftein shilling scots resting be Sir Thomas Liveingstoune regiment of Dragoons to be transmitted to the kings majestie That he may order such Course to be taken therwith as in his Royall pleasure he shall think fitt

[23 July 1695] Eodem Die Post Meridiem

D1695/7/421

Order

Recomendatione anent accompts In favors of the Shyre of Bamff

The Lords of his Majesties privy Councill Having Considered the report of a Committie of their oun number appointed for reviseing the accompts due by the forces to the Countrey Bearing That the Committie having Considered the accompts given in to them as resting be his Majesties forces to the inhabitants within the shyre of Bamff written in two severall books with the Instructiones and verificationes therof They Find that ther are severall articles of the saids accompts Which are not in the termes of the act of parliament anent polemoney and proclamations of Councill relative therto And Therfore they have rejected and refused all these articles and Caused delite the same out of the accompts And Finds that ther were some of the articles of the saids accompts wrong in the Calcule And Therfore they have Caused ament these articles and stated them according to the right Calcule and Finds the haill articles of the saids accompts suficiently verified and proven either be recepts under the hands of the officers or Souldiers to whom the same was furnished Or be the oathes and depositions of the persones furnishers taken before the Commissioners of supply within the shyre of Bamff Conforme to the Commissioners their reports and some of them both be recepts and depositions all which accompts recepts and reports of the saids Commissioners were all produced to and Considered by the said Comittie, And Finds that besides the articles refused and rejected as said is Ther is yet resting by his majesties forces upon scots pay to the inhabitants within the shyre of Bamff the soumes following Viz be the Laird of Edinglassie his troop of horss the soume of seven hundreth and nyntein punds Eight shilling two pennies Scots Item by Sir William Hope his troop of horss the soume of four hundreth and thretie thrie punds five shilling six penies scots Item by Major Stewart his troop of horss the soume of sixtie punds scots Item by the Master of Polwarth his troope of horss the soume of five hundreth and fourtie eight punds five shilling scots Item by the Laird of Pollock his troop of horss the soume of ane Hundreth and thretie Eight punds ten shilling ten penies scots Item by the Lord Rollo his troop of horss the soume of Ane Hundreth and seventie punds ten shilling scots Item by the Lord Beilhaven his troop or horss the soume of Eight hundreth and two punds fiftein shilling four penies scots Item by the viscount of Kenmuir his regiment of foot he soume of threttie six punds thretein shilling four penies scots Item by Coll Richard Cuninghame his Regiment of foot two punds sixtein shilling scots Item by the Laird of Grant his regiment of foot Twelue punds thretein shilling six penies scots, Item to the Garison of Ballnadalloch the soume of two hundreth and Eightein punds thretein shilling scots Item to the Garisone of Gordon Castle the soume of Two hundreth sixtie seven punds Eightein shilling Scots Item to the Garison of Balvenie the Soume of seventie two punds Eleven shilling two penies scots Extending the haill soumes forsaids resting by his majesties forces upon scots pay to the saids inhabitants within the shire of Bamff to the soume of Four Thousand four hundreth and Eightie punds fourtein shillings scots, And Finds that the haill articles quherof this Last soume is made up were all furnished preceiding the first day of February Jaj vjc nyntie One years, and that they are all in the termes of the nynth act fourth session of this Current parliament Intitulled act for polemoney, And Therfore It is the Committies oppinion that the said soume of four hundred and Eighty punds fourtein shilling scots Is to be payed to the saids inhabitants within the shyre of Bamff out of the said polemoney and that they are to be Recomended to the Lords Commissioners of his majesties thesaury for payment of the same accordingly And Finds that ther is resting be Sir Thomas Livingston his regiment of Dragoons Which was not upon scots pay to the saids inhabitants the soume of ane hundreth and seventein punds fiftein shilling scots Which was furnished dureing the space and proven in the termes forsaids And Therfore It is their opinion that this soume is to be transmitted to the kings majestie that he may order such Courss to be taken therwith as in his Royall pleasure he shall think fitt as the said report bears The saids Lords Doe heirby approve of the above report and Recommends to the Commissioners of parliament appointed anent the polemoney To Cause pay to the saids inhabitants the above soume of Four Thousand four hundred and Eighty punds fourtein shilling scots as resting be his majesties forces upon scots pay to them, and that out of the said polemoney and appoints the soume of ane hundreth and seventein punds fiftein shilling scots resting be Sir Thomas Liveingstoune regiment of Dragoons to be transmitted to the kings majestie That he may order such Course to be taken therwith as in his Royall pleasure he shall think fitt

1. NRS, PC2/25, 302v-304r.

1. NRS, PC2/25, 302v-304r.

Order, 23 July 1695 (pm), Edinburgh

Posted on by

[23 July 1695] Eodem Die Post Meridiem

D1695/7/411

Order

Recomendatione anent accompts In favors of The parish of Abernethie

The Lords of his Majesties privy Councill having Considered the report of a Committie of their oun number appointed for reviseing the accompts due be his majesties forces to the Countrey Bearing That the Committie haveing Considered the accompts given in to them as resting be his Majesties forces to the inhabitants within the paroch of Abernethie with the instructiones and verificationes theirof They Find the haill articles of the saids accompts suficiently verified and proven some of them by recepts under the hands of the souldiers to whom the same were furnished or ther officers produced to and Considered be the said Committie and others of them partly by recepts produced before the Commissioners of supply within the shyre of Pearth and partly by the depositiones of the witnesses Bearing the accompts to be truely furnished and partly by the oathes of the persons furnished and partly be the oathes of the persones furnishers bearing the same to be yet resting taken before the Commissioners Conforme to the Commissioners report subscribed by them alsoe produced to and Considered be the said Committie, and Finds that Conforme to the saids accompts instructed as said is, Ther is resting be his majesties forces as they are stated in regiments or troops in maner underwritten to the inhabitants within the said paroch of Abernethie The Soumes following viz be the Earle of Argyll his regiment of foot the soume of thrie hundreth nyntie six punds thretein shilling Eight penis scots Item by the Lord Angus his regiment of foot the soume of Two hundreth and seventie six punds fourtein shillings scots Item be the deceast Lord Cardross his regiment of Dragoons the soume of Threttie two punds twelue shilling scots Item by the master of Polwarth his troop of horss the soume of Eighty nyne punds Eleven shilling two pennies scots Item be the Earle of Eglingtoune his troop of horss the soume of Fiftein punds Eight shilling scot Item by the said Earle his troop one pund Eight shilling scots Item by the Laird of Pollock his troop of horss thretein punds thrie shilling scots Item by the Laird of Grubitts troop of horss Eleven punds four shilling scots Extending the haill soumes forsaids resting be the forces upon scots pay to the saids inhabitants within the parishen of Abernethie to the soume of Eight hundreth and thretie five punds thretein shilling ten pennies scots And the Committie Finds that the haill articles quherof the said totall soume is made up were all furnished preceiding the first day of February Jaj vjc nyntie one years and that they are in the termes of the nynth act fourth sessione of this Current parliament Intituled act for polemoney, and also of the proclamations of Councill relative therto, And Therfore Its the Committies opinion that the said soume of Eight hundred and threttie fyve punds thretein shilling ten pennies scots Is to be allowed to the saids Inhabitants out of the present polemoney and that they are to be recomended to the Lords Commissioners of his Majesties thesaury for payment of the same same2 accordingly And the Committie Finds that ther is resting to the saids inhabitants within the paroch of Abernethie be the English forces underwritten Viz by the English Dragoons the soume of nyntein punds Eight shilling scots and by Sir John Laniers regiment the soume of Threttein punds twelue shilling Eight penies scots Extending both the saids soumes to the soume of Threttie thrie punds Eight penies scots Which the Committie are of oppinion ought to be transmitted to his majestie that he may order such Course for payment therof as in his Royall Wisdome he shall think fitt as the said report bears The Lords of his majesties privy Councill Doe heirby approve of the report And Recommends to the Commissioners of parliament appointed anent the polemoney To Cause pay to the said Inhabitants within the paroch of Abernethie the above Soume of Eight Hundreth thretie five punds threttein shilling ten penies as resting be his majesties forces upon scots pay to them and that out of the said polemoney, and appoints the soume of Threttie thrie punds Eight shilling scots resting to them by the English forces to be transmitted to the kings majestie that he may order such Course to be taken therwith as in his Royall pleasure he shall think fitt.

[23 July 1695] Eodem Die Post Meridiem

D1695/7/411

Order

Recomendatione anent accompts In favors of The parish of Abernethie

The Lords of his Majesties privy Councill having Considered the report of a Committie of their oun number appointed for reviseing the accompts due be his majesties forces to the Countrey Bearing That the Committie haveing Considered the accompts given in to them as resting be his Majesties forces to the inhabitants within the paroch of Abernethie with the instructiones and verificationes theirof They Find the haill articles of the saids accompts suficiently verified and proven some of them by recepts under the hands of the souldiers to whom the same were furnished or ther officers produced to and Considered be the said Committie and others of them partly by recepts produced before the Commissioners of supply within the shyre of Pearth and partly by the depositiones of the witnesses Bearing the accompts to be truely furnished and partly by the oathes of the persons furnished and partly be the oathes of the persones furnishers bearing the same to be yet resting taken before the Commissioners Conforme to the Commissioners report subscribed by them alsoe produced to and Considered be the said Committie, and Finds that Conforme to the saids accompts instructed as said is, Ther is resting be his majesties forces as they are stated in regiments or troops in maner underwritten to the inhabitants within the said paroch of Abernethie The Soumes following viz be the Earle of Argyll his regiment of foot the soume of thrie hundreth nyntie six punds thretein shilling Eight penis scots Item by the Lord Angus his regiment of foot the soume of Two hundreth and seventie six punds fourtein shillings scots Item be the deceast Lord Cardross his regiment of Dragoons the soume of Threttie two punds twelue shilling scots Item by the master of Polwarth his troop of horss the soume of Eighty nyne punds Eleven shilling two pennies scots Item be the Earle of Eglingtoune his troop of horss the soume of Fiftein punds Eight shilling scot Item by the said Earle his troop one pund Eight shilling scots Item by the Laird of Pollock his troop of horss thretein punds thrie shilling scots Item by the Laird of Grubitts troop of horss Eleven punds four shilling scots Extending the haill soumes forsaids resting be the forces upon scots pay to the saids inhabitants within the parishen of Abernethie to the soume of Eight hundreth and thretie five punds thretein shilling ten pennies scots And the Committie Finds that the haill articles quherof the said totall soume is made up were all furnished preceiding the first day of February Jaj vjc nyntie one years and that they are in the termes of the nynth act fourth sessione of this Current parliament Intituled act for polemoney, and also of the proclamations of Councill relative therto, And Therfore Its the Committies opinion that the said soume of Eight hundred and threttie fyve punds thretein shilling ten pennies scots Is to be allowed to the saids Inhabitants out of the present polemoney and that they are to be recomended to the Lords Commissioners of his Majesties thesaury for payment of the same same2 accordingly And the Committie Finds that ther is resting to the saids inhabitants within the paroch of Abernethie be the English forces underwritten Viz by the English Dragoons the soume of nyntein punds Eight shilling scots and by Sir John Laniers regiment the soume of Threttein punds twelue shilling Eight penies scots Extending both the saids soumes to the soume of Threttie thrie punds Eight penies scots Which the Committie are of oppinion ought to be transmitted to his majestie that he may order such Course for payment therof as in his Royall Wisdome he shall think fitt as the said report bears The Lords of his majesties privy Councill Doe heirby approve of the report And Recommends to the Commissioners of parliament appointed anent the polemoney To Cause pay to the said Inhabitants within the paroch of Abernethie the above Soume of Eight Hundreth thretie five punds threttein shilling ten penies as resting be his majesties forces upon scots pay to them and that out of the said polemoney, and appoints the soume of Threttie thrie punds Eight shilling scots resting to them by the English forces to be transmitted to the kings majestie that he may order such Course to be taken therwith as in his Royall pleasure he shall think fitt.

1. NRS, PC2/25, 301v-302v.

2. Sic.

1. NRS, PC2/25, 301v-302v.

2. Sic.

Order, 23 July 1695 (pm), Edinburgh

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[23 July 1695] Eodem Die Post Meridiem

D1695/7/401

Order

Recommendation anent accompts In favors of the Toune of Aberbrothick

The Lords of his Majesties privy Councill having Considered two severall reports of a Committie of their oun number appointed for reviseing the accompts resting be his majesties forces to the Countrey the one therof dated the Tenth of January Jaj vjc nyntie one Bearing that the Committie having Considered ane accompt due by their Majesties forces to Patrick Stiven present provest and the Magistrats and other inhabitants of the toune of Aberbrothwick with the instructions and verifications therof They Find the haill articles of the said accomptts suficiently verified and proven and it is their opinion that the same ought to be payed out of the thrie moneths Cess and hearth money apointed be act of parliament for payment of the areirs due to the army Except the second article of the said accompt being for annualrent Which be order of the Committie is expunged In Respect the principall Soume wherof the annualrent is stated, Is to be payed out of the arreirs due to the armie which bears no annualrent And Finds that all the articles of the said accompts are resting be the particular forces and according to the particular proportions following Viz be the Earle of Angus his regiment Conforme to Livd Coll Fullertoune Livd Coll therof his recept and precept upon the Lords of thesaurie to the said provest Stiven for himself and the said toune The soume of ane Thousand ane hundreth and nyntein punds fiftein shilling ten penies scots Item to Elizabeth Smith relict of Alexander Pearson merchant in Aberbrothick be that Company of the said regiment under the Comand of Captain Hay one of the Captaines therof the Soume of thriescore nyne pund Thrie shilling four pennies money forsaid Item be that Company of the said regiment under the Comand of Captain John Campbell of Moy one of the Captaines therof to the said Elizabeth the soume of Threttie seven punds seven penies money forsaid Item to the said Elizabeth be that Company of the said regiment under the Comand of the said Captaine Hay the soume of thrie pund one shilling two penies money forsaid Item to the said Elizabeth be that 2 Companie of the said regiment under Command of the said Captaine John Campbell of Moy Eleven pund sixtein shilling money forsaid Item be John Webster merchant in Aberbrothick be that Company of the said regiment under Comand of Black Captaine Campbell The Soume of Twentie two punds money forsaid Item to the said John be that Company of the said regiment under Comand of the said Captain Hay the soume of nyntein punds Ten shilling money forsaid, Item to Sir James Anderson merchant be that Company of the said regiment under the Command of Captaine John Haddo the soume of five punds six shilling Eight pennies money forsaid Item to John Marr be that Company of the said regiment under the Comand of Captain Gilchrist the like soume of five punds six shilling Eight penies money forsaid Extending the haill forsaids soumes due be the said regiment to the persones abovenamed to the soume of ane Thousand Two hundreth nyntie thrie punds thrie3 penies4 money forsaid And the Committie Finds that ther is resting be the troop of horss under the Command of Captaine Burnet the soume of Twentie four punds scots money forsaid, and the Committie Is of oppinion that the saids magistrats and Inhabitants of the said Toune of Aberbrothick should be Recomended to the Lords of his majesties privy Councill for payment of the soumes forsaids Out of the saids thrie moneths Cess and hearth money appointed be act of parliament for payment of the arreirs due to the army as said is, And another report dated the twentie thrid of Jully the said year Bearing That the Commitie having againe revised the said accompt They Find the haill articles of the said accompt are before the act of parliament of the date the tenth day of september Jaj vjc nyntie years, anent the thrie moneths Cess and hearth money and that they are all in the termes of the act of Councill of the date the nynth day of Jully instant as the said two report bears The saids Lords Doe heirby approve of the said reports and Recomends to the Commissioners of parliament appointed anent the polemoney To Cause pay to the said Patrick Stiven, The magistrates and other inhabitants of Aberbrothick the above totall soume of one Thousand thrie hundreth and seventein punds and thrie pennies scots as resting be his Majesties forces upon scots pay to them and that out of the said polemoney.

[23 July 1695] Eodem Die Post Meridiem

D1695/7/401

Order

Recommendation anent accompts In favors of the Toune of Aberbrothick

The Lords of his Majesties privy Councill having Considered two severall reports of a Committie of their oun number appointed for reviseing the accompts resting be his majesties forces to the Countrey the one therof dated the Tenth of January Jaj vjc nyntie one Bearing that the Committie having Considered ane accompt due by their Majesties forces to Patrick Stiven present provest and the Magistrats and other inhabitants of the toune of Aberbrothwick with the instructions and verifications therof They Find the haill articles of the said accomptts suficiently verified and proven and it is their opinion that the same ought to be payed out of the thrie moneths Cess and hearth money apointed be act of parliament for payment of the areirs due to the army Except the second article of the said accompt being for annualrent Which be order of the Committie is expunged In Respect the principall Soume wherof the annualrent is stated, Is to be payed out of the arreirs due to the armie which bears no annualrent And Finds that all the articles of the said accompts are resting be the particular forces and according to the particular proportions following Viz be the Earle of Angus his regiment Conforme to Livd Coll Fullertoune Livd Coll therof his recept and precept upon the Lords of thesaurie to the said provest Stiven for himself and the said toune The soume of ane Thousand ane hundreth and nyntein punds fiftein shilling ten penies scots Item to Elizabeth Smith relict of Alexander Pearson merchant in Aberbrothick be that Company of the said regiment under the Comand of Captain Hay one of the Captaines therof the Soume of thriescore nyne pund Thrie shilling four pennies money forsaid Item be that Company of the said regiment under the Comand of Captain John Campbell of Moy one of the Captaines therof to the said Elizabeth the soume of Threttie seven punds seven penies money forsaid Item to the said Elizabeth be that Company of the said regiment under the Comand of the said Captaine Hay the soume of thrie pund one shilling two penies money forsaid Item to the said Elizabeth be that 2 Companie of the said regiment under Command of the said Captaine John Campbell of Moy Eleven pund sixtein shilling money forsaid Item be John Webster merchant in Aberbrothick be that Company of the said regiment under Comand of Black Captaine Campbell The Soume of Twentie two punds money forsaid Item to the said John be that Company of the said regiment under Comand of the said Captain Hay the soume of nyntein punds Ten shilling money forsaid, Item to Sir James Anderson merchant be that Company of the said regiment under the Command of Captaine John Haddo the soume of five punds six shilling Eight pennies money forsaid Item to John Marr be that Company of the said regiment under the Comand of Captain Gilchrist the like soume of five punds six shilling Eight penies money forsaid Extending the haill forsaids soumes due be the said regiment to the persones abovenamed to the soume of ane Thousand Two hundreth nyntie thrie punds thrie3 penies4 money forsaid And the Committie Finds that ther is resting be the troop of horss under the Command of Captaine Burnet the soume of Twentie four punds scots money forsaid, and the Committie Is of oppinion that the saids magistrats and Inhabitants of the said Toune of Aberbrothick should be Recomended to the Lords of his majesties privy Councill for payment of the soumes forsaids Out of the saids thrie moneths Cess and hearth money appointed be act of parliament for payment of the arreirs due to the army as said is, And another report dated the twentie thrid of Jully the said year Bearing That the Commitie having againe revised the said accompt They Find the haill articles of the said accompt are before the act of parliament of the date the tenth day of september Jaj vjc nyntie years, anent the thrie moneths Cess and hearth money and that they are all in the termes of the act of Councill of the date the nynth day of Jully instant as the said two report bears The saids Lords Doe heirby approve of the said reports and Recomends to the Commissioners of parliament appointed anent the polemoney To Cause pay to the said Patrick Stiven, The magistrates and other inhabitants of Aberbrothick the above totall soume of one Thousand thrie hundreth and seventein punds and thrie pennies scots as resting be his Majesties forces upon scots pay to them and that out of the said polemoney.

1. NRS, PC2/25, 300r-301r.

2. The word ‘Captaine’ scored out here.

3. The word ‘shilling’ scored out here.

4. Insertion.

1. NRS, PC2/25, 300r-301r.

2. The word ‘Captaine’ scored out here.

3. The word ‘shilling’ scored out here.

4. Insertion.