Tag Archives: July

Procedure: report, 13 July 1694, Edinburgh

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Edinburgh the threttein of Jully 16941

D1694/7/222

Procedure: report

Report of the Comittie anent suficiant and insuficiant men and interloquitor theron anent the Viscount of Strathallan and others.

The Committie of privy Councill appoynted for Considering the returnes sent to their majesties Solicitor anent the deficient and insuficient men Sederunt the Earle of Leven, Viscount of Tarbat and Blaickbarrony The Comittie haveing Considered that the Viscount of Strathallan Is Charged to put out a suficient man in place of Duncan Erskine, And haveing seen ane act of the Commissioners of Supply within the shyre of Pearth That my Lord Strathallans proportion of the Levies with the fractiones adjoyned to him Extends to two men and haveing seen a recept of Captain Laughlan McClean to the Viscount for two suficient men of different names from Duncan Erskine It is the opinion of the Comittie That the Viscount should not be troubled for the insuficient man seing his men were suficient And this Duncan Erskine is not put out by the Viscount, And that the Viscount is suficiently exonered and that the Captaine ought to be Called to answer for his misbehavior /2o/ The Comittie haveing seen ane extract of a recept granted be Lauchlan McClean Captaine in Collonell Mckay his regiement to David Drumond of Innermay for two men quherof one found suficient be the Captaine, and the other called Mathow Murray found suficient by the Commissioners of Pearth shire and that as Innermayes proportione of the new Levie, And Finding that Innermay is charged to put out a suficient man in place of James Furd It is the Committies oppinion That Innermay should be exonered In Respect his too men are found suficient as above the one by the Captain and the other be the Commissioners of supply and if one of the two be insuficient It must be the man whom the Captaine receives a suficient; seing the other man found suficant be the Commissioners is named Mathow Murray and the Captaine should be Called to make answer for him; Ther is a stated report as to the 3 Controverted bounds in Invernes and Nairne shires given in in4 a paper a part, and alse all other deficients not Contained in these Contraverted bounds, The Comittie offers to the Councill that without quartureing these Levies will not be made effectuall Especially in the highlands sic subscribitur Leven Tarbat Archibald Morray, Eodem die Sederunt as in the above page The Comittie Finding that the toune of Elgine is Charged to put out a suficient man in place of John Pittiesone and haveing seen ane attested Coppie by two nottars of a recept be Captaine Gibsone in Coll Mckay his regiement to the said toune for seven suficient men as their proportione of their militia foot within the shire of murray to serve in the said regiment It is the Committies oppinion that the toune Ought to be exonored of any insuficient men and Captaine Gibsone ought to be called to make answer for this insuficient man, Sic Subscribitur Leven Tarbat Archibald Murray Edinburgh twentie fifth Jully Jaj vjc nyntie four Sederunt Earl of Leven Viscount Tarbat Laird of Blaikbarony Lord Provest of Edinburgh The Earle of Cassills Compeired before the Committie and haveing Declaired that he was Charged to put Out a suficient man in place of a man alledged put out be him, and returned a insuficient The Earle produced a Discharge granted be Livt Coll James Bruce to John Hamiltone the Earles Chamberland for seven men as the Earles proportione of the new Levies in the shire of Air, The Comittie haveing seen and Considered the Discharge t is ther oppinion That the Earle should be exonered as to any insuficient men and the officer called to answer for them sic subscribitur Leven Archibald Murray The Comittie Finds that Denunciationes has not been effectuall to make up the deficient or insuficient men the most of them being in the highlands And Therfore Remitts to the Councill to Consider what other methods may be effectuall to make them up, The Committie being informed that by a difference betwixt the shyres of Fyfe and Kinross ther is a man wanting to the king, It is the Comitties oppinion that two of the Commissioners for each of the saids shires be appointed to meet at Faulkland and adjust the said difference and to make up the man to the king The Lords of their majesties privy Councill haveing this day Considered the foregoeing report They heirby approve of the same as to the Viscount of Strathallan, The Laird of Innermay the toune of Elgine and the Earle of Cassills and Ordaines particular acts to be extracted In favors of each of the saids thrie persones and of the said toune for their exoneratione in the termes of the report and appoints the Solicitor to cause Captaine Lauchlan McClean in Coll Mckayes regiement to answer for the insuficient men Charged upon the Viscount of Strathallan and Innermay, and to Cite Captaine Gibbons in the same regiement to answer for the insuficient man Charged upon the toune of Elgine and to cite Livt Coll James Bruce to answer for the insuficient man charged upon the Earle of Cassills, And assignes the first day of September nixt for citeing the saids officers to appear before the Councill and answer to the effect forsaid.

Edinburgh the threttein of Jully 16941

D1694/7/222

Procedure: report

Report of the Comittie anent suficiant and insuficiant men and interloquitor theron anent the Viscount of Strathallan and others.

The Committie of privy Councill appoynted for Considering the returnes sent to their majesties Solicitor anent the deficient and insuficient men Sederunt the Earle of Leven, Viscount of Tarbat and Blaickbarrony The Comittie haveing Considered that the Viscount of Strathallan Is Charged to put out a suficient man in place of Duncan Erskine, And haveing seen ane act of the Commissioners of Supply within the shyre of Pearth That my Lord Strathallans proportion of the Levies with the fractiones adjoyned to him Extends to two men and haveing seen a recept of Captain Laughlan McClean to the Viscount for two suficient men of different names from Duncan Erskine It is the opinion of the Comittie That the Viscount should not be troubled for the insuficient man seing his men were suficient And this Duncan Erskine is not put out by the Viscount, And that the Viscount is suficiently exonered and that the Captaine ought to be Called to answer for his misbehavior /2o/ The Comittie haveing seen ane extract of a recept granted be Lauchlan McClean Captaine in Collonell Mckay his regiement to David Drumond of Innermay for two men quherof one found suficient be the Captaine, and the other called Mathow Murray found suficient by the Commissioners of Pearth shire and that as Innermayes proportione of the new Levie, And Finding that Innermay is charged to put out a suficient man in place of James Furd It is the Committies oppinion That Innermay should be exonered In Respect his too men are found suficient as above the one by the Captain and the other be the Commissioners of supply and if one of the two be insuficient It must be the man whom the Captaine receives a suficient; seing the other man found suficant be the Commissioners is named Mathow Murray and the Captaine should be Called to make answer for him; Ther is a stated report as to the 3 Controverted bounds in Invernes and Nairne shires given in in4 a paper a part, and alse all other deficients not Contained in these Contraverted bounds, The Comittie offers to the Councill that without quartureing these Levies will not be made effectuall Especially in the highlands sic subscribitur Leven Tarbat Archibald Morray, Eodem die Sederunt as in the above page The Comittie Finding that the toune of Elgine is Charged to put out a suficient man in place of John Pittiesone and haveing seen ane attested Coppie by two nottars of a recept be Captaine Gibsone in Coll Mckay his regiement to the said toune for seven suficient men as their proportione of their militia foot within the shire of murray to serve in the said regiment It is the Committies oppinion that the toune Ought to be exonored of any insuficient men and Captaine Gibsone ought to be called to make answer for this insuficient man, Sic Subscribitur Leven Tarbat Archibald Murray Edinburgh twentie fifth Jully Jaj vjc nyntie four Sederunt Earl of Leven Viscount Tarbat Laird of Blaikbarony Lord Provest of Edinburgh The Earle of Cassills Compeired before the Committie and haveing Declaired that he was Charged to put Out a suficient man in place of a man alledged put out be him, and returned a insuficient The Earle produced a Discharge granted be Livt Coll James Bruce to John Hamiltone the Earles Chamberland for seven men as the Earles proportione of the new Levies in the shire of Air, The Comittie haveing seen and Considered the Discharge t is ther oppinion That the Earle should be exonered as to any insuficient men and the officer called to answer for them sic subscribitur Leven Archibald Murray The Comittie Finds that Denunciationes has not been effectuall to make up the deficient or insuficient men the most of them being in the highlands And Therfore Remitts to the Councill to Consider what other methods may be effectuall to make them up, The Committie being informed that by a difference betwixt the shyres of Fyfe and Kinross ther is a man wanting to the king, It is the Comitties oppinion that two of the Commissioners for each of the saids shires be appointed to meet at Faulkland and adjust the said difference and to make up the man to the king The Lords of their majesties privy Councill haveing this day Considered the foregoeing report They heirby approve of the same as to the Viscount of Strathallan, The Laird of Innermay the toune of Elgine and the Earle of Cassills and Ordaines particular acts to be extracted In favors of each of the saids thrie persones and of the said toune for their exoneratione in the termes of the report and appoints the Solicitor to cause Captaine Lauchlan McClean in Coll Mckayes regiement to answer for the insuficient men Charged upon the Viscount of Strathallan and Innermay, and to Cite Captaine Gibbons in the same regiement to answer for the insuficient man Charged upon the toune of Elgine and to cite Livt Coll James Bruce to answer for the insuficient man charged upon the Earle of Cassills, And assignes the first day of September nixt for citeing the saids officers to appear before the Councill and answer to the effect forsaid.

1. NRS, PC2/25, 33v.

2. NRS, PC2/25, 33v-35r.

3. The word ‘Cour’ scored out here.

4. Sic.

1. NRS, PC2/25, 33v.

2. NRS, PC2/25, 33v-35r.

3. The word ‘Cour’ scored out here.

4. Sic.

Decreet, 31 July 1694, Edinburgh

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Edinburgh the Threttieth one day of Jully Jaj vjc nyntie four

D1694/7/211

Decreet

Decreet Thomas Stodhart Against The magistrats of Lanerk.

Anent the lybell or letters raised and pursued before the Lords of their majesties privy Councill at the instance of Thomas Stodhard toune Clerk of Lanrick and Sir James Stewart their majesties Advocat for their highnes intrest in the matter underwritten Makeing Mention That wher by the Comon law, the lawes of this and all other weell governed nationes, persones legally Secured and in possessione of their rights and offices ought to be therin protected and nowayes molested much les throwen out in any arbitrary way without any Just cause especially wher they have their Commissiones dureing life Likeas persones in office, specially when the said office is of publict concerne if arbitrarly ejected Ought to be reponed as alsoe by the clame of right it is Declaired amongst other things The Loss of offices is to be Considered and the parties Lesed redressed Nevertheless It is of verity That albeit the pursuer was provyded lawfullie in the toune Clerkships of Lanerk in anno Jaj vjc Eightie and his right Confirmed and extended durante vita anno Jaj vjc Eightie two and possessed and officiat in the same for severall years yet upon some sugestione he was first put in prisone in november Jaj vjc Eightie two without any Cause signified and the Aprill therafter the wholl magistrats and toune Councill haveing been 2 according to a Custome to much in use in these time summarly turned out without any Causse assigned, The persewer was likwayes turned out with them in alse much the new magistrats and Councill that were then arbitrary placed did Immediatly take the pursuers office from him without either Complaint or process raised against him and further sumerly seized upon the books of his office and delivered them to the deceased William Lamb without so much as allowing him any time to fill them up or put them in order and then Conferred the office upon the said William Lamb who Dyed about the time of the revolutione And albeit the said pursuer applyed to the Magistrats Requyreing them to repone him and took instruments upon their refuseall yet at the same time they represented to the Conventione that they hade no Clerk and Clandistinely got out ane order that Robert Dick present pretended Clerk to the said burgh, should be Clerk to their popular electione, But their Majesties trusty and weelbeloved Councellor, The Lord Carmicheall being appointed to oversee their electione and he knowing how much the pursuer hade been wronged called him to officiat Lykeas de facto he did administrat the oathes to the magistrats, Then Chosen but so soon as this was ever, these Magistrats haveing also their privat Designs did againe turne him out and put the said Robert Dick in possessione of the office who ever since hath enjoyed it without any right, and to the pursuers great prejudice who haveing a good standing right and title, And haveing been ejected in a plaine arbitary and violent maner, The pursewer ought not only to be reponed to the said office And to have the books of the said office redelivered to him to the effect after specified But likewayes the haill profitts of the same And Thomas Hamiltone and William Inglis baillies of the said burgh of Lanerk James Weir dean of Gild Robert Hunter late baillie John Hamiltone deacon Conveener, James Innes thesaurer, Archibald Simsone John Young late Dean of Gild, Androw Wilsone Glover James Gardner maltman, James Watsone Gunsmith William Simsone Taylor William Orr Litster, James Simpsone wright, Thomas Pattone […] John Thomsone wright James Park weaver and Robert Dick presant Clerk Mr Richard Lockhart of Lee Robert Mcgie James Haistie […] William Mastertoune William Pattoune late baillie, Androw Maxwell James Naesmith, Archibald Huslewood, David Gibsone and Robert Hastie all Councellors and members of the Councill of the said burgh Ought and should be Ordained to readmitt and possess the said pursuer therin and to redeliver to him the books of the office to the effect the same may be filled up and put in order for the good of the burgh and vindicatione of his oun Credit And the said Robert Dick to make payment to him of the saids profitts and the magistrats in the soume of […] for his Coast skaith and damnadges and otherwayes punished in their persones and goods to the terror of others to Committ and doe the like in time comeing And Anent the Charge given to the haill fornamed persones above Complained upon To have Compeired personally before the saids Lords of ther majesties privy Councill at ane Certaine day now bygone To have heard and seen 3Such order and Course taken theranent as the saids Lords should think fitt as in the principall Lybell or letters with the executions therof at more length is Contained Which Lybell or letters being upon the twentie sixth day of Jully instant Called and the said Thomas Stodhart pursuer Compeiring personally with Sir James Ogilvie Sir Patrick Home and Mr John Meinzies his Advocats and the said Thomas and John Hamiltons William Inglis Robert Dick and James Naesmith five of the defenders Compeiring also personally with Mr Hew Dalrymple Mr David Cuninghame and James Stewart advocats for the haill defenders And the rest of the defenders being all Lawfullie cited often tymes Called and not Compeiring, The Lybell and answers therto being read and 4 both parties advocats fully heard The saids Lords of ther majesties privy Councill nominat and appointed a Committie of their oun number for Considering the Lybell and also the writtes produced or which should be produced be either of the saids parties before the said Committie And Recommanded to them to report ther oppinion theranent And the said Comittie haveing accordingly mett They returned ther Report to the Councill in these termes following viz That they have seen a Commissione subscryved by the baillies Dean of Gild and severall Councellors of Lanerk to Thomas Stodhart to be toune Clerk of Lanerk dureing all the dayes of his liftime be vertue of which he was in possessione And he adhears to the verity therof and Craves to be reponed to the possessione and offers to prove his possessione presently be the magistrats who subscryved the Commissione The other partie alledges this Commission is a null Commissione Primo Because it wants witnesses Secundo they offer to prove a dimissione be the said Stod-hart and for proveing therof produced the toune Court book which they instantly took up againe bearing (under the hand of the Laird of Lee as is said provest for the time) That he the said Stodhart had dimitted, To Which it wes answered for Stodhart That that very sederunt proves his possessione being all written with his oun hand Except his alledged Dimissione and the Choiseing another Clerk, and that the dimissione not being subscryved be him It was no act of his, and Cannot take away his Comissione And for any pretended nullities he adheres to his Commissione and will answer as accords, and Craves to be repossessed The other partie alleadged the Dimissione is valid Because it is recorded, and accordingly Stodhart hes been out of possessione for a long time And Therfore he cannot be restored but by ane Ordinary actione, and before ane Judge who will Consider the nullities objected And that two other Clerks have been since in possessione whose right cannot be taken away sumarly Wherunto It wes Replyed for Stodhart That his absteaning from possessione wes via et metu untill the revolutione, and then he did apply, and since it has been depending by process or treatie And Farder the Comittie gave their oppinion that the said Thomas Stodhart pursuer was in possessione, And that they see no legall way of his being turned out And Therfore that he should be repossessed Reserving to the other partie actione upon the nullities as accords And The saids Lords of their Majesties privy Councill Haveing this day Considered the forsaid report They approve therof And Decernes and Ordaines the above defenders baillies Dean of Gild Thesaurer and Councellors of the burgh of Lanerk to repone and reenter the above Thomas Stodhart pursuer to the peacable possessione and free exercise of his offices of toune and Dean of Gild Clerk of Lanerk upon his said lifrent gift of his said office in the samen maner as he possessed the same formerly and to redeliver to him the books of the said offices to the effect the soume may be filled up and putt in order for the good of the said burgh and vindicatione of the pursuers Credit Reserving the defenders actione upon any nullities can be alledged against the forsaid lyfrent gift by way of reductione before the Lords of Councill and sessione, And Ordaines letters of horning one six dayes to be direct heiron and others needfull in form as effeirs.

Edinburgh the Threttieth one day of Jully Jaj vjc nyntie four

D1694/7/211

Decreet

Decreet Thomas Stodhart Against The magistrats of Lanerk.

Anent the lybell or letters raised and pursued before the Lords of their majesties privy Councill at the instance of Thomas Stodhard toune Clerk of Lanrick and Sir James Stewart their majesties Advocat for their highnes intrest in the matter underwritten Makeing Mention That wher by the Comon law, the lawes of this and all other weell governed nationes, persones legally Secured and in possessione of their rights and offices ought to be therin protected and nowayes molested much les throwen out in any arbitrary way without any Just cause especially wher they have their Commissiones dureing life Likeas persones in office, specially when the said office is of publict concerne if arbitrarly ejected Ought to be reponed as alsoe by the clame of right it is Declaired amongst other things The Loss of offices is to be Considered and the parties Lesed redressed Nevertheless It is of verity That albeit the pursuer was provyded lawfullie in the toune Clerkships of Lanerk in anno Jaj vjc Eightie and his right Confirmed and extended durante vita anno Jaj vjc Eightie two and possessed and officiat in the same for severall years yet upon some sugestione he was first put in prisone in november Jaj vjc Eightie two without any Cause signified and the Aprill therafter the wholl magistrats and toune Councill haveing been 2 according to a Custome to much in use in these time summarly turned out without any Causse assigned, The persewer was likwayes turned out with them in alse much the new magistrats and Councill that were then arbitrary placed did Immediatly take the pursuers office from him without either Complaint or process raised against him and further sumerly seized upon the books of his office and delivered them to the deceased William Lamb without so much as allowing him any time to fill them up or put them in order and then Conferred the office upon the said William Lamb who Dyed about the time of the revolutione And albeit the said pursuer applyed to the Magistrats Requyreing them to repone him and took instruments upon their refuseall yet at the same time they represented to the Conventione that they hade no Clerk and Clandistinely got out ane order that Robert Dick present pretended Clerk to the said burgh, should be Clerk to their popular electione, But their Majesties trusty and weelbeloved Councellor, The Lord Carmicheall being appointed to oversee their electione and he knowing how much the pursuer hade been wronged called him to officiat Lykeas de facto he did administrat the oathes to the magistrats, Then Chosen but so soon as this was ever, these Magistrats haveing also their privat Designs did againe turne him out and put the said Robert Dick in possessione of the office who ever since hath enjoyed it without any right, and to the pursuers great prejudice who haveing a good standing right and title, And haveing been ejected in a plaine arbitary and violent maner, The pursewer ought not only to be reponed to the said office And to have the books of the said office redelivered to him to the effect after specified But likewayes the haill profitts of the same And Thomas Hamiltone and William Inglis baillies of the said burgh of Lanerk James Weir dean of Gild Robert Hunter late baillie John Hamiltone deacon Conveener, James Innes thesaurer, Archibald Simsone John Young late Dean of Gild, Androw Wilsone Glover James Gardner maltman, James Watsone Gunsmith William Simsone Taylor William Orr Litster, James Simpsone wright, Thomas Pattone […] John Thomsone wright James Park weaver and Robert Dick presant Clerk Mr Richard Lockhart of Lee Robert Mcgie James Haistie […] William Mastertoune William Pattoune late baillie, Androw Maxwell James Naesmith, Archibald Huslewood, David Gibsone and Robert Hastie all Councellors and members of the Councill of the said burgh Ought and should be Ordained to readmitt and possess the said pursuer therin and to redeliver to him the books of the office to the effect the same may be filled up and put in order for the good of the burgh and vindicatione of his oun Credit And the said Robert Dick to make payment to him of the saids profitts and the magistrats in the soume of […] for his Coast skaith and damnadges and otherwayes punished in their persones and goods to the terror of others to Committ and doe the like in time comeing And Anent the Charge given to the haill fornamed persones above Complained upon To have Compeired personally before the saids Lords of ther majesties privy Councill at ane Certaine day now bygone To have heard and seen 3Such order and Course taken theranent as the saids Lords should think fitt as in the principall Lybell or letters with the executions therof at more length is Contained Which Lybell or letters being upon the twentie sixth day of Jully instant Called and the said Thomas Stodhart pursuer Compeiring personally with Sir James Ogilvie Sir Patrick Home and Mr John Meinzies his Advocats and the said Thomas and John Hamiltons William Inglis Robert Dick and James Naesmith five of the defenders Compeiring also personally with Mr Hew Dalrymple Mr David Cuninghame and James Stewart advocats for the haill defenders And the rest of the defenders being all Lawfullie cited often tymes Called and not Compeiring, The Lybell and answers therto being read and 4 both parties advocats fully heard The saids Lords of ther majesties privy Councill nominat and appointed a Committie of their oun number for Considering the Lybell and also the writtes produced or which should be produced be either of the saids parties before the said Committie And Recommanded to them to report ther oppinion theranent And the said Comittie haveing accordingly mett They returned ther Report to the Councill in these termes following viz That they have seen a Commissione subscryved by the baillies Dean of Gild and severall Councellors of Lanerk to Thomas Stodhart to be toune Clerk of Lanerk dureing all the dayes of his liftime be vertue of which he was in possessione And he adhears to the verity therof and Craves to be reponed to the possessione and offers to prove his possessione presently be the magistrats who subscryved the Commissione The other partie alledges this Commission is a null Commissione Primo Because it wants witnesses Secundo they offer to prove a dimissione be the said Stod-hart and for proveing therof produced the toune Court book which they instantly took up againe bearing (under the hand of the Laird of Lee as is said provest for the time) That he the said Stodhart had dimitted, To Which it wes answered for Stodhart That that very sederunt proves his possessione being all written with his oun hand Except his alledged Dimissione and the Choiseing another Clerk, and that the dimissione not being subscryved be him It was no act of his, and Cannot take away his Comissione And for any pretended nullities he adheres to his Commissione and will answer as accords, and Craves to be repossessed The other partie alleadged the Dimissione is valid Because it is recorded, and accordingly Stodhart hes been out of possessione for a long time And Therfore he cannot be restored but by ane Ordinary actione, and before ane Judge who will Consider the nullities objected And that two other Clerks have been since in possessione whose right cannot be taken away sumarly Wherunto It wes Replyed for Stodhart That his absteaning from possessione wes via et metu untill the revolutione, and then he did apply, and since it has been depending by process or treatie And Farder the Comittie gave their oppinion that the said Thomas Stodhart pursuer was in possessione, And that they see no legall way of his being turned out And Therfore that he should be repossessed Reserving to the other partie actione upon the nullities as accords And The saids Lords of their Majesties privy Councill Haveing this day Considered the forsaid report They approve therof And Decernes and Ordaines the above defenders baillies Dean of Gild Thesaurer and Councellors of the burgh of Lanerk to repone and reenter the above Thomas Stodhart pursuer to the peacable possessione and free exercise of his offices of toune and Dean of Gild Clerk of Lanerk upon his said lifrent gift of his said office in the samen maner as he possessed the same formerly and to redeliver to him the books of the said offices to the effect the soume may be filled up and putt in order for the good of the said burgh and vindicatione of the pursuers Credit Reserving the defenders actione upon any nullities can be alledged against the forsaid lyfrent gift by way of reductione before the Lords of Councill and sessione, And Ordaines letters of horning one six dayes to be direct heiron and others needfull in form as effeirs.

1. NRS, PC2/25, 31r-33v.

2. The words ‘without any Cause assigned the persewer’ scored out here.

3. The letter ‘D’ scored out here.

4. The word ‘at’ scored out here.

1. NRS, PC2/25, 31r-33v.

2. The words ‘without any Cause assigned the persewer’ scored out here.

3. The letter ‘D’ scored out here.

4. The word ‘at’ scored out here.

Sederunt, 31 July 1694, Edinburgh

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Edinburgh the Threttieth one day of Jully Jaj vjc nyntie four1

D1694/7/202

Sederunt

Lord Chancelor; Earl of Melvill; Earl of Drumlanrig; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Linlithgow; Earl of Strathmore; Earl of Lothian; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Broadalbine; Viscount Tarbat; Viscount Stair; Lord Ross; Lord Beilhaven; Lord Carmicheall; Lord Polwarth; Lord Justice Clerk; Lord Advocat; Laird of Stivenson

Edinburgh the Threttieth one day of Jully Jaj vjc nyntie four1

D1694/7/202

Sederunt

Lord Chancelor; Earl of Melvill; Earl of Drumlanrig; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Linlithgow; Earl of Strathmore; Earl of Lothian; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Broadalbine; Viscount Tarbat; Viscount Stair; Lord Ross; Lord Beilhaven; Lord Carmicheall; Lord Polwarth; Lord Justice Clerk; Lord Advocat; Laird of Stivenson

1. NRS, PC2/25, 30v.

2. NRS, PC2/25, 30v.

1. NRS, PC2/25, 30v.

2. NRS, PC2/25, 30v.

Decreet, 24 July 1694, Edinburgh

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Edinburgh The Twentie fourth day of Jully Jaj vjc nyntie four years

D1694/7/191

Decreet

Decreet of Suspension: Ladie Lethentie Against The Lady Glascloon

Anent the petition given in to the Lords of their majesties privy Councill be Euphan Blair relict of Mr George Blair of Lethendy and James Blair her sone Shewing That wher the petitioner haveing right to expured adjudicationes and reall rights affecting the lands of Glascloon quherof the true soumes farr exceid the value quhich are unquestionably preferrable to any pretence or clame Competent to Issobell Tyrie relict of James Blair of Gascloon, yet this unreasonable woman being exceiding Clamerous hath obtained severall soumes of money to be modified to her upon a pretence of a depending proces quherin as she sayes she will undoubtedly prevaill at last and ther being a late modification of four hundred merks in the vaccance on the old pretence, The petitioners did presant a bill of suspensione and got executione sisted till the thretein of June then2 instant Such was the said Issobell Tyries Importunity that she not only denunced and registrated the petitioners within the dayes of the sist but also prevailled to gett the sist removed before the dayes expyred without the petitioners knowledge without answer or allowing the petitioners procurators to be heard on the grounds therof. The petitioners humbly Conceive the saids Lords hade received some particular accompt and Impressione of the matter to which the petitioner hade no oppertunity to make answer And Therfore the petitioners intreat the saids Lords That they would be pleased to Consider the following reasones why no aliement can be allowed conforme to the lawes of this kingdome Primo as to the said James Blair he is neither persewer nor defender (3nor Concerned in any process with the said Isobell Tyrie the right of the lands standing intirely in the persone of his mother his oun estate being all sold for Payment of Issobell Tyries father and husbands Cautionries so that he may Confidently say that any of the saids Lords number or any in the natione might alse well be subjected to ane aliement as he, Its true the petitioner has the hope of successione to his mother But that can found no more against him dureing his mothers life then any other of his bretheren and Sisters: As to the said relict she is alse Litle Lyable in Law to any aliement Because she has produced ane proces before the Lords of sessione really and preferrable rights upon the saids lands and Irrideemable rights double exceeding the value which she was necessitate to acquyre for releiff of Cautionries payed by her husband and sone for Issobell Tyries father and husband and the said Issobell produces no reall right at all but the extract of ane lifrent sasine without ane warrand so qualified that if the warrand were produced It would make the petitioner preferable, But that being a point of right to be determined be the Lords of sessione she was not to trouble the saids Lords furder therwith then this that since ever Issobell Tyrie intented her proces she hath never advanced one step altho she hath got severall aliements on that pretence But by her Clamour and Tergiversatione has stoped the petitioners Improbatione Which she is pursueing for Cutting of her pretence Secundo 4 the saids Lords being Overwearied with her Importunity Did in november last Remitt her applicatione for ane aliement to the sessione before whom her proces was depending And the Lords Found no ground for ane aliement, But refused her petitione, as some of the saids Lords number who are upon the sessione knowes And Which petitione with the deliverance the petitioner put in the Clerks of Councills hand yet she obtained ane aliement from the saids Lords after the sessione was up, and as it is supposed Cheifly on this ground that in Comoneing the petitioner hade offered a Considerable soume of money which (tho it hade been true) ought not to have been made use of but it is absolutely denyed that ever the petitioner or any other in her name made any such offer Tertio the petitioner is not to took back upon what aliements have been allready modified and payed to her But the petitioner humbly conceave that the repeating and to Continueing such aliements upon pretence of Depending processes cannot be found agreeable to old Law for as the petitioner has said she has allready produced before the Judge ordinar instructiones of debts exhausting all and therby excludeing Issobell Tyrie which she does not pretend to redacque in the way of Law, and when in the event it shall be found by derisione of the Judge ordinar That Issobell Tyrie has no right in that estate It must be acknowledged be the saids Lords authoritie that the petitioner is Compelled to pay a soume wherto in law the petitioner is not Lyable and wherto Issobell Tyrie has no legall right for what ever Charity be due to her, yet ther is a great difference betwixt right and Charity ther is a legall Compulsione upon points of right, But Charity must be free and ought not to be at another charge Especially such as the petitioner is being ane old infirme woman with a numerous familly and has scarce so much free rent as ther Lordships hade ordained the petitioner to pay And its is not denyable that what Issobell Tyrie has gott or may receive is utterly lost when the petitioners right is found to be preferrable and extinguish the event and in generall the petitioner doe Contend that our Law does not allow any Modificatione upon the pretence of processes dureing the dependance therof much less that the samen should be repeited from time to time without any proceider in the prociess and ineffect the granting of these aliements tends to no other purpose but the said Issobell Tyrie (who has so extraordinar success in the procureing them against all Law and common Justice to her pretentiones) should endeavor to spine out the process and never come to a period, And seing the Cause does depend before the Lords of sessione who are now sitting and that the petitioners defences is founded upon their right produced in that process as also seing the petitioners has never been yet heard by ther procurators and that they cannot be excluded from a hearing especially upon grounds to which they hade no opportunity to make answer by reasone of her anticipating the day to which the sist was granted in a fraudelent and unusuall maner And Therfore Humbly Craveing the saids Lords would be pleased to Consider that the forsaid clame of aliement was allready determined and refused by the Judge ordinar and if any new argument be or difficulty remaine that the saids Lords would either yet remitt the same to be further Considered by ther Lordships or allow a hearing in their oun presence notwithstanding of the former interloquitor which proceided upon some unjust Impressione made be the said Issobell Tyre which if the saids Lords would allow the petitioners to be heard they were able to convinceingly to redaque, and the saids Lords would Likewayes Consider the insolence of the said Issobell Tyrie who contrary to comon knowen forme has upon a horning raised in the Councill Chamber used a Caption out of the ordinary signet as the petition bears, The Lords of their Majesties privy Councill haveing Considered the petitione given in to them be the above Euphan Blair and her sone And the parties being Called Compeired personall the said James Blair of Lethentie for himself and his mother with Mr Hew and Mr David Dalrymples their advocats And sicklike Compeired personally the above Issobell Tyrie Ladie Glascloon with Sir James Stewart and Sir James Ogilvie her advocats, The saids Lords of their majesties privy Councill haveing heard both parties Advocats, And haveing Considered the petitione with the bill of suspensione quherto it relates given in be the petitioners against the Lady Glascloon They heirby suspend the letters and Charges at the instance of the Lady Glascloon against the petitioners suspenders upon the saids petitioners, And Declaires them quyte therof and free therfrae in all time comeing.

Edinburgh The Twentie fourth day of Jully Jaj vjc nyntie four years

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Decreet

Decreet of Suspension: Ladie Lethentie Against The Lady Glascloon

Anent the petition given in to the Lords of their majesties privy Councill be Euphan Blair relict of Mr George Blair of Lethendy and James Blair her sone Shewing That wher the petitioner haveing right to expured adjudicationes and reall rights affecting the lands of Glascloon quherof the true soumes farr exceid the value quhich are unquestionably preferrable to any pretence or clame Competent to Issobell Tyrie relict of James Blair of Gascloon, yet this unreasonable woman being exceiding Clamerous hath obtained severall soumes of money to be modified to her upon a pretence of a depending proces quherin as she sayes she will undoubtedly prevaill at last and ther being a late modification of four hundred merks in the vaccance on the old pretence, The petitioners did presant a bill of suspensione and got executione sisted till the thretein of June then2 instant Such was the said Issobell Tyries Importunity that she not only denunced and registrated the petitioners within the dayes of the sist but also prevailled to gett the sist removed before the dayes expyred without the petitioners knowledge without answer or allowing the petitioners procurators to be heard on the grounds therof. The petitioners humbly Conceive the saids Lords hade received some particular accompt and Impressione of the matter to which the petitioner hade no oppertunity to make answer And Therfore the petitioners intreat the saids Lords That they would be pleased to Consider the following reasones why no aliement can be allowed conforme to the lawes of this kingdome Primo as to the said James Blair he is neither persewer nor defender (3nor Concerned in any process with the said Isobell Tyrie the right of the lands standing intirely in the persone of his mother his oun estate being all sold for Payment of Issobell Tyries father and husbands Cautionries so that he may Confidently say that any of the saids Lords number or any in the natione might alse well be subjected to ane aliement as he, Its true the petitioner has the hope of successione to his mother But that can found no more against him dureing his mothers life then any other of his bretheren and Sisters: As to the said relict she is alse Litle Lyable in Law to any aliement Because she has produced ane proces before the Lords of sessione really and preferrable rights upon the saids lands and Irrideemable rights double exceeding the value which she was necessitate to acquyre for releiff of Cautionries payed by her husband and sone for Issobell Tyries father and husband and the said Issobell produces no reall right at all but the extract of ane lifrent sasine without ane warrand so qualified that if the warrand were produced It would make the petitioner preferable, But that being a point of right to be determined be the Lords of sessione she was not to trouble the saids Lords furder therwith then this that since ever Issobell Tyrie intented her proces she hath never advanced one step altho she hath got severall aliements on that pretence But by her Clamour and Tergiversatione has stoped the petitioners Improbatione Which she is pursueing for Cutting of her pretence Secundo 4 the saids Lords being Overwearied with her Importunity Did in november last Remitt her applicatione for ane aliement to the sessione before whom her proces was depending And the Lords Found no ground for ane aliement, But refused her petitione, as some of the saids Lords number who are upon the sessione knowes And Which petitione with the deliverance the petitioner put in the Clerks of Councills hand yet she obtained ane aliement from the saids Lords after the sessione was up, and as it is supposed Cheifly on this ground that in Comoneing the petitioner hade offered a Considerable soume of money which (tho it hade been true) ought not to have been made use of but it is absolutely denyed that ever the petitioner or any other in her name made any such offer Tertio the petitioner is not to took back upon what aliements have been allready modified and payed to her But the petitioner humbly conceave that the repeating and to Continueing such aliements upon pretence of Depending processes cannot be found agreeable to old Law for as the petitioner has said she has allready produced before the Judge ordinar instructiones of debts exhausting all and therby excludeing Issobell Tyrie which she does not pretend to redacque in the way of Law, and when in the event it shall be found by derisione of the Judge ordinar That Issobell Tyrie has no right in that estate It must be acknowledged be the saids Lords authoritie that the petitioner is Compelled to pay a soume wherto in law the petitioner is not Lyable and wherto Issobell Tyrie has no legall right for what ever Charity be due to her, yet ther is a great difference betwixt right and Charity ther is a legall Compulsione upon points of right, But Charity must be free and ought not to be at another charge Especially such as the petitioner is being ane old infirme woman with a numerous familly and has scarce so much free rent as ther Lordships hade ordained the petitioner to pay And its is not denyable that what Issobell Tyrie has gott or may receive is utterly lost when the petitioners right is found to be preferrable and extinguish the event and in generall the petitioner doe Contend that our Law does not allow any Modificatione upon the pretence of processes dureing the dependance therof much less that the samen should be repeited from time to time without any proceider in the prociess and ineffect the granting of these aliements tends to no other purpose but the said Issobell Tyrie (who has so extraordinar success in the procureing them against all Law and common Justice to her pretentiones) should endeavor to spine out the process and never come to a period, And seing the Cause does depend before the Lords of sessione who are now sitting and that the petitioners defences is founded upon their right produced in that process as also seing the petitioners has never been yet heard by ther procurators and that they cannot be excluded from a hearing especially upon grounds to which they hade no opportunity to make answer by reasone of her anticipating the day to which the sist was granted in a fraudelent and unusuall maner And Therfore Humbly Craveing the saids Lords would be pleased to Consider that the forsaid clame of aliement was allready determined and refused by the Judge ordinar and if any new argument be or difficulty remaine that the saids Lords would either yet remitt the same to be further Considered by ther Lordships or allow a hearing in their oun presence notwithstanding of the former interloquitor which proceided upon some unjust Impressione made be the said Issobell Tyre which if the saids Lords would allow the petitioners to be heard they were able to convinceingly to redaque, and the saids Lords would Likewayes Consider the insolence of the said Issobell Tyrie who contrary to comon knowen forme has upon a horning raised in the Councill Chamber used a Caption out of the ordinary signet as the petition bears, The Lords of their Majesties privy Councill haveing Considered the petitione given in to them be the above Euphan Blair and her sone And the parties being Called Compeired personall the said James Blair of Lethentie for himself and his mother with Mr Hew and Mr David Dalrymples their advocats And sicklike Compeired personally the above Issobell Tyrie Ladie Glascloon with Sir James Stewart and Sir James Ogilvie her advocats, The saids Lords of their majesties privy Councill haveing heard both parties Advocats, And haveing Considered the petitione with the bill of suspensione quherto it relates given in be the petitioners against the Lady Glascloon They heirby suspend the letters and Charges at the instance of the Lady Glascloon against the petitioners suspenders upon the saids petitioners, And Declaires them quyte therof and free therfrae in all time comeing.

1. NRS, PC2/25, 28r-30v.

2. Insertion.

3. Closing bracket missing.

4. One illegible word scored out here.

1. NRS, PC2/25, 28r-30v.

2. Insertion.

3. Closing bracket missing.

4. One illegible word scored out here.

Sederunt, 24 July 1694, Edinburgh

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Edinburgh The Twentie fourth day of Jully Jaj vjc nyntie four years1

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Sederunt

Lord Chancelor; Earl of Melvill PS; Earl of Drumlanrig; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Strathmore; Earl of Lothian; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Kintoir; Earl of Broadalbine; Viscount Tarbat; Viscount Stair; Lord Raith T:d:; Lord Ross; Lord Beilhaven; Lord Carmicheall; Lord Polwarth; Lord Advocat; Lord Justice Clerk; Laird of Blackbarony; Sir Thomas Livingstone; Sir John Hall

Edinburgh The Twentie fourth day of Jully Jaj vjc nyntie four years1

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Sederunt

Lord Chancelor; Earl of Melvill PS; Earl of Drumlanrig; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Strathmore; Earl of Lothian; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Kintoir; Earl of Broadalbine; Viscount Tarbat; Viscount Stair; Lord Raith T:d:; Lord Ross; Lord Beilhaven; Lord Carmicheall; Lord Polwarth; Lord Advocat; Lord Justice Clerk; Laird of Blackbarony; Sir Thomas Livingstone; Sir John Hall

1. NRS, PC2/25, 28r.

2. NRS, PC2/25, 28r.

1. NRS, PC2/25, 28r.

2. NRS, PC2/25, 28r.

Act, 19 July 1694, Edinburgh

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Edinburgh the nynteinth day of Jully Jaj vjc nyntie four

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Act

Aditionall Act anent a Contrabutione for a bridge at Queich.

Forasmuchas The Lords of their majesties privy Councill by their act of the date the fifth day of Jully instant Have allowed a voluntar Collectione to be made at the Doors of all the parish Churches within the Shires of Pearth Fyfe and Kinross and the toune of Edinburgh for makeing a bridge over the watter of Queich at the toune end of Kinross Upon Sunday the twelth day of August nixt to come And the saids Lords being informed That the day forsaid for making the said Collectione is the same day upon which the sacrament of the Lords Supper is to be administrat within the toune of Edinburgh Therfore they heirby Appoint the said Collectione to be made in Edinburgh and its Suburbs Comprehending the toune of Leith upon the fifth day of the said moneth of August and Recomends to the ministers to make intimatione therof upon the sabbath or sunday Immediatly preceiding the said fifth day, And Declaires that under the toune of Edinburgh in the former act is Contained that toune and its suburbs Comprehending the toune of Leith and appoints James Kennoway who is nominat Collector by the former act to be Collector for Edinburgh and suburbs including as said is In Respect he has given bond and found suficient Cautione acted in the books of privy Councill that the Collectiones in the said additionall bounds shall be applyed to the use forsaid at the sight of Sir William Bruce of Kinross and the baillie of the toune of Kinross.

Edinburgh the nynteinth day of Jully Jaj vjc nyntie four

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Act

Aditionall Act anent a Contrabutione for a bridge at Queich.

Forasmuchas The Lords of their majesties privy Councill by their act of the date the fifth day of Jully instant Have allowed a voluntar Collectione to be made at the Doors of all the parish Churches within the Shires of Pearth Fyfe and Kinross and the toune of Edinburgh for makeing a bridge over the watter of Queich at the toune end of Kinross Upon Sunday the twelth day of August nixt to come And the saids Lords being informed That the day forsaid for making the said Collectione is the same day upon which the sacrament of the Lords Supper is to be administrat within the toune of Edinburgh Therfore they heirby Appoint the said Collectione to be made in Edinburgh and its Suburbs Comprehending the toune of Leith upon the fifth day of the said moneth of August and Recomends to the ministers to make intimatione therof upon the sabbath or sunday Immediatly preceiding the said fifth day, And Declaires that under the toune of Edinburgh in the former act is Contained that toune and its suburbs Comprehending the toune of Leith and appoints James Kennoway who is nominat Collector by the former act to be Collector for Edinburgh and suburbs including as said is In Respect he has given bond and found suficient Cautione acted in the books of privy Councill that the Collectiones in the said additionall bounds shall be applyed to the use forsaid at the sight of Sir William Bruce of Kinross and the baillie of the toune of Kinross.

1. NRS, PC2/25, 27v-28r.

1. NRS, PC2/25, 27v-28r.

Decreet, 19 July 1694, Edinburgh

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Edinburgh the nynteinth day of Jully Jaj vjc nyntie four

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Decreet

Suspension: Countes of Callender against The Earle Refused

The Lords of their majesties privy Councill haveing Considered ane bill of suspensione given in to them be Mary Countes Dowager of Callander against James Earle of calander and his tutors They heirby refuse the bill and reasones of Suspensione, and notwithstanding therof allowes the Charger to proceed and goe on in execution against the suspender upon the Decreet charged one.

Edinburgh the nynteinth day of Jully Jaj vjc nyntie four

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Decreet

Suspension: Countes of Callender against The Earle Refused

The Lords of their majesties privy Councill haveing Considered ane bill of suspensione given in to them be Mary Countes Dowager of Callander against James Earle of calander and his tutors They heirby refuse the bill and reasones of Suspensione, and notwithstanding therof allowes the Charger to proceed and goe on in execution against the suspender upon the Decreet charged one.

1. NRS, PC2/25, 27v.

1. NRS, PC2/25, 27v.

Act, 19 July 1694, Edinburgh

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Edinburgh the nynteinth day of Jully Jaj vjc nyntie four

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Act

Act Alexander Lamb.

Anent a Petitione given in to the Lords of their Majesties privy Councill be Sir2 Alexander 3 Bruce Shewing That as he is informed Alexander Lamb is pursued for some what offencive to the government and that not haveing appeared he is Declared fugative. That the said Alexander is Imployed by the petitioner and his pertiners to quarter in Zetland for their majesties supply That it will be a great inconveniencie That he be recalled before the matter be done that he was send for And Therfore humbly Craveing the saids Lords that his appearing might be Dispenced with and sureity shall be found that if any thing shall be made appear against him he shall underlye the Law and obtemper the saids Lords sentance as if he hade Compeired as the petition bears The Lords of ther Majesties privy Councill haveing Considered this petitione given in to them be the above Sir Alexander Bruce They heirby stopt executione upon the Decreet of Certificatione pronunced against the above Alexander Lamb he instantly procureing bond by a suficient persone or persones acted in the books of privy Councill That he shall appear before the saids Lords of their Majesties privy Councill upon the first day of november nixt to come, and answer to the persuit depending at the instance of their Majesties advocat against him, and that under the penalty of fifty punds Sterling.

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Act

Act Alexander Lamb.

Anent a Petitione given in to the Lords of their Majesties privy Councill be Sir2 Alexander 3 Bruce Shewing That as he is informed Alexander Lamb is pursued for some what offencive to the government and that not haveing appeared he is Declared fugative. That the said Alexander is Imployed by the petitioner and his pertiners to quarter in Zetland for their majesties supply That it will be a great inconveniencie That he be recalled before the matter be done that he was send for And Therfore humbly Craveing the saids Lords that his appearing might be Dispenced with and sureity shall be found that if any thing shall be made appear against him he shall underlye the Law and obtemper the saids Lords sentance as if he hade Compeired as the petition bears The Lords of ther Majesties privy Councill haveing Considered this petitione given in to them be the above Sir Alexander Bruce They heirby stopt executione upon the Decreet of Certificatione pronunced against the above Alexander Lamb he instantly procureing bond by a suficient persone or persones acted in the books of privy Councill That he shall appear before the saids Lords of their Majesties privy Councill upon the first day of november nixt to come, and answer to the persuit depending at the instance of their Majesties advocat against him, and that under the penalty of fifty punds Sterling.

1. NRS, PC2/25, 27r-27v.

2. Insertion.

3. The letters ‘Lam’ scored out here.

1. NRS, PC2/25, 27r-27v.

2. Insertion.

3. The letters ‘Lam’ scored out here.

Letter: royal, 19 July 1694, Edinburgh

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Edinburgh the nynteinth day of Jully Jaj vjc nyntie four

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Letter: royal

Letters of Publicatione In Favors of Thomas Weir Chirurgeon in Edinburgh

William and Mary be the Grace of God King and Queen of Great Brittaine France and Ireland defenders of the faith to our Lovits Maccers of our privy Councill or messengers at armes our shireffs in that part Conjunctllie and severallie speciallie Constitute and to all and sundrie Our leidges and subjects whom it effeirs, Forasmuch, anent a petitione given in to the Lords of our privy Councill be Thomas Weir Chirurgeon burges of Edinburgh Representing that quher the Secreet of prepairing and Compounding the medicinall pile, Called Doctor Andersones pile, being Communicat by the said Doctor to Catharin Andersone his Daughter and by her to the said Thomas Weir and to no other persone as appeared by her assigatione and Declaratione dated the fifteinth day of December one Thousand Six hundreth Eightie six, The said Thomas Weir therupon obtained in anno One Thousand six hundred Eightie seven a gift under our great seall, Giveing to him the sole power right and priviledge to prepair Compose Dispense and vend the said pil, and to use the printed papers stamp and seall formerly [r]aised by the said Doctor Andersone and his daughter. And Discharging all others from Composing Dispensing and vending the said pil, or useing the said printed papers Stamp and seall under the penaltie of ane thousand merks toties quoties as the said Gift with ane act of the Lords of our privy Councill and letters of publicatione raised therupon in favors of the petitioner therwith produced testified, nevertheless Thomas Steill merchant in Edinburgh haveing upon misrepresentatione Impetrat ane act of privy Councill dated the twentie sixth of Jully Jaj vjc Eightie Eight years Contraveening the forsaid gift, act, and letters abovementioned, In favors of the said Thomas Weir, and presumed to Counterfit the said pil, printed paper, Stamp and Seall; as also to print and disperse Severall false and Calumnious papers and placaids in London and else wher in prejudice not only of the said Thomas Weir who hade the true secreet and legall right in maner above mentioned But also our Leidges abused by the said Counterfitts, Wherupon the petitioner haveing lately raised and execute letters of Complaint against the said Thomas Steill for his so Contraveening forging and Slandering, he being Consious of his oun Guilt, Did not Compeir but suffered Certificatione to pass against him Upon which he stands denunced and registrat at the horne, and yet not, and yet notwithstanding he and others for and with him, doe still upon pretence of the forsaid act of privy Councill by him Impetrat as said is, persist in Contraveening the petitioners gift in Counterfiting and vending the said pile, To the prejudice of their majesties Leidges, so that necessary it is, That besides the forsaid Certificatione, The petitioner should have ane act of our saids Lords in his favor, Recalling and Rescinding and Dischargeing the act of privy Councill Impetrat by the said Thomas Steill as said is since that he refused to (nor could in Law) abyde by and mantaine the same, as also to Certierat all our Leidges of the premisses, And Therfore Supplicating to the effect aftermentioned as the said petitione in it self more fully proports The saids Lords of our privy Councill haveing Considered the forsaid petition with the gift under the great seall and other wrytes produced therwith and mentioned therin, They by their act and sentance of the day and date heirof Have Recalled and Resinded and heirby Recalls and Rescinds the above act of privy Councill formerly made in favors of the said Thomas Steill, and have Declaired and heirby declairs That neither he nor any others are to use the printed papers Stamp and seall abovespecified in prejudice of the above Thomas Weir has the good and only right to use the same and to take notice of all Counterfitts and to Cause Conveen them before the privy Councill or any inferior Judicatory Competent, all the users and practisers therof That they may be punished, And have ordained and heirby Ordaines the said act with the petitioners gift under the Great Seall to be printed and published off which Gift the tenor followes sic supra scribitur James Rex Our Soveraigne Lord Considering that the medicinall pil invented by the deceast Doctor Patrick Andersone physician to his majesties dearest Father King Charles the first of ever blessed memory, hath by experience been found to be a most usuall and safe medicine, Which hath Recommended that pil not only to his majesties subjects in the kingdome of Scotland, But likewayes It hath been used in the kingdome of England Ireland and other places in Europe; And that it is very much the intrest of his Subjects and others that the skill and airt of Prepaireing and Compounding that pile be 2 preserved intire, and the Counterfitt sofisticat and adulterat piles be not Imposed upon any persone under the notione of this pil, which is so universally knowen and used And his majestie Considering that the secreet and skill of prepearing this pile was only Communicated by Doctor Anderson to his two Daughters with power only to the surviver of them to communicat and transmitt the secreet to some fitt and qualified persone, and that the deceast Katharine Andersone, the said Doctors surviveing daughter hath Communicat to Thomas Weir Chirurgeon in Edinburgh the wholl secreet and skill in Compareing and Compounding the forsaid pile, and hath suficiently instructed and seen him prepair and Compound and make up that pile, as well as ever it was done by Doctor Andersone of his Doctors aforsaid And that the said deceast Katharin Andersone hath by her assignatione dated the fifteinth day of December Jaj vjc Eightie Six years assigned and Disponed to the said Thomas Weir her stamp, for the directiones and seall for the boxes, with all other vessells matterialls and other instruments for Compounding prepairing and makeing up the saids piles, and that the said deceast Katharin Andersone doeth therby Declair that she hath Communicated and transmitted the secreet of prepairing and Compounding the said pil to the said Thomas Weir, and no other persone, And Considering that ther is non else to whom the secreet is Communicated or airt of prepairing and Compounding the said piles is Committed And that notwithstanding therof ther are severall persones who have allready and are of intentione to feinzie and Counterfitt the said pils, and to disperse the Same with printed papers and otherwayes, under the name of the said pile, Comonly Called Doctor Andersones pils, albeit the secreet of prepairing and Compounding therof was never Comunicat to them, nor to any other persone now ane life except the said Thomas Weir Which (if not prevented) might prove very dangerous and prejudiciall to his Majesties Leidges and others through makeing use of any Counterfitt Suffisticat and adulterat pils, and would much discourage the said Thomas Weir Who hath only the secreet of prepairing and Compounding therof to him Communicated by the said Katharin Andersone who assigned and disponed to him the said Stamp and seall with all other vessells and instruments for Compounding and dispenseing of the said pile in maner forsaid Therfore His majestie Ordaines a letter of Gift to be past and exped under his Majesties great seall of his ancient Kingdome of Scotland, Giveing Granting and Disponeing as his Majestie for himself and his Royall successors Gives Grants and Dispones to and in favors of the said Thomas Weir the sole power Right and priviledge to prepair Compound Dispense and vend the forsaid pile Called Doctor Andersons pil with power to him to use the said stampt and seall, formerly used by the said Katharine Andersone for attesting and marking the printed papers and boxes belonging to the saids piles For all the dayes and years of the said Thomas Weir his lifetime, And his majestie doeth heirby Discharge all other persone or persones whatsomever dureing the said space directly or indirectly to prepair Compound make up Dispence or vend any pile or piles under the name of the said pile invented by the said deceast Doctor Andersone or papers relateing theirto without the speciall License of the said Thomas Weir under the penalty of ane Thousand merks scots money for each Contraventione, And his majestie doeth heirby Recommend to his privy Councill and other Judicatories of the said kingdome of Scotland to see, his pleasure concerning the premisses rendered effectuall and the Contraveeners fyned or punished to the terror of others, provydeing allwayes that the said Thomas Weir shall be bound and oblidged not only to continue the faithfull and true prepairing Composeing makeing up and dispenseing of the saids Piles, as wes formerly done by the said deceast Doctor Andersone and his daughters, but likewayes to communicat the secreet therof, and instruct any qualified persone he shall think fitt or prepair Compose and make up the said pile, (That the inventione be not Lost) who shall have no benefit priviledge or Libertie to Compose or vend the forsaid pile dureing the full time and space abovewritten And his majestie ordaines the said Gift to be further extended with all Clauses needfull and to pass the great seall per saltium without passing any other sealls or registers in order therunto, These presents shall be to the director of his majesties Chancellory for writting out the same, and to the Lord high Chancellor for Causing the great seall to be appended therto a suficient warrand Given at our Court at Whithall the nynteinth day of May Jaj vjc Eightie seven, and of his majesties reigne the thrid year. By his majesties Command sic subscribitur Melfort As the said act Ordaineing thir our Letters of publicatione to be direct therupon Under the signet of Councill in maner and to the effect above and underwritten more fully proports Our Will is Heirfore and wee charge yow Strictly and Command That incontinent these our letters seen yee pass to the mercat Cross of Edinburgh and wholl remanent mercat Crosses of the head burghes of the shires of this Kingdome and other places needfull and ther in our name and authoritie by open proclamatione make publicatione of the said act or privy Councill and of the said Gift past under our great seall In favors of the said Thomas Weir That all Our Leidges may have notice therof and given Obedience therto under the pains 3 and Certificationes therin mentioned and being further answerable 4As our privy Councill shall think fitt in caice they contraveen, according to Justice as yee will answer to us therupon The which to doe will Committ to yow Conjunctllie and severallie our full power by these our letters delivering them be yow duly execute and indorsed againe to the bearer Given under our Signet at Edinburgh the nynteinth day of Jully One Thousand six hundred nyntie four years and of our Reigne the sixth year.

Edinburgh the nynteinth day of Jully Jaj vjc nyntie four

D1694/7/141

Letter: royal

Letters of Publicatione In Favors of Thomas Weir Chirurgeon in Edinburgh

William and Mary be the Grace of God King and Queen of Great Brittaine France and Ireland defenders of the faith to our Lovits Maccers of our privy Councill or messengers at armes our shireffs in that part Conjunctllie and severallie speciallie Constitute and to all and sundrie Our leidges and subjects whom it effeirs, Forasmuch, anent a petitione given in to the Lords of our privy Councill be Thomas Weir Chirurgeon burges of Edinburgh Representing that quher the Secreet of prepairing and Compounding the medicinall pile, Called Doctor Andersones pile, being Communicat by the said Doctor to Catharin Andersone his Daughter and by her to the said Thomas Weir and to no other persone as appeared by her assigatione and Declaratione dated the fifteinth day of December one Thousand Six hundreth Eightie six, The said Thomas Weir therupon obtained in anno One Thousand six hundred Eightie seven a gift under our great seall, Giveing to him the sole power right and priviledge to prepair Compose Dispense and vend the said pil, and to use the printed papers stamp and seall formerly [r]aised by the said Doctor Andersone and his daughter. And Discharging all others from Composing Dispensing and vending the said pil, or useing the said printed papers Stamp and seall under the penaltie of ane thousand merks toties quoties as the said Gift with ane act of the Lords of our privy Councill and letters of publicatione raised therupon in favors of the petitioner therwith produced testified, nevertheless Thomas Steill merchant in Edinburgh haveing upon misrepresentatione Impetrat ane act of privy Councill dated the twentie sixth of Jully Jaj vjc Eightie Eight years Contraveening the forsaid gift, act, and letters abovementioned, In favors of the said Thomas Weir, and presumed to Counterfit the said pil, printed paper, Stamp and Seall; as also to print and disperse Severall false and Calumnious papers and placaids in London and else wher in prejudice not only of the said Thomas Weir who hade the true secreet and legall right in maner above mentioned But also our Leidges abused by the said Counterfitts, Wherupon the petitioner haveing lately raised and execute letters of Complaint against the said Thomas Steill for his so Contraveening forging and Slandering, he being Consious of his oun Guilt, Did not Compeir but suffered Certificatione to pass against him Upon which he stands denunced and registrat at the horne, and yet not, and yet notwithstanding he and others for and with him, doe still upon pretence of the forsaid act of privy Councill by him Impetrat as said is, persist in Contraveening the petitioners gift in Counterfiting and vending the said pile, To the prejudice of their majesties Leidges, so that necessary it is, That besides the forsaid Certificatione, The petitioner should have ane act of our saids Lords in his favor, Recalling and Rescinding and Dischargeing the act of privy Councill Impetrat by the said Thomas Steill as said is since that he refused to (nor could in Law) abyde by and mantaine the same, as also to Certierat all our Leidges of the premisses, And Therfore Supplicating to the effect aftermentioned as the said petitione in it self more fully proports The saids Lords of our privy Councill haveing Considered the forsaid petition with the gift under the great seall and other wrytes produced therwith and mentioned therin, They by their act and sentance of the day and date heirof Have Recalled and Resinded and heirby Recalls and Rescinds the above act of privy Councill formerly made in favors of the said Thomas Steill, and have Declaired and heirby declairs That neither he nor any others are to use the printed papers Stamp and seall abovespecified in prejudice of the above Thomas Weir has the good and only right to use the same and to take notice of all Counterfitts and to Cause Conveen them before the privy Councill or any inferior Judicatory Competent, all the users and practisers therof That they may be punished, And have ordained and heirby Ordaines the said act with the petitioners gift under the Great Seall to be printed and published off which Gift the tenor followes sic supra scribitur James Rex Our Soveraigne Lord Considering that the medicinall pil invented by the deceast Doctor Patrick Andersone physician to his majesties dearest Father King Charles the first of ever blessed memory, hath by experience been found to be a most usuall and safe medicine, Which hath Recommended that pil not only to his majesties subjects in the kingdome of Scotland, But likewayes It hath been used in the kingdome of England Ireland and other places in Europe; And that it is very much the intrest of his Subjects and others that the skill and airt of Prepaireing and Compounding that pile be 2 preserved intire, and the Counterfitt sofisticat and adulterat piles be not Imposed upon any persone under the notione of this pil, which is so universally knowen and used And his majestie Considering that the secreet and skill of prepearing this pile was only Communicated by Doctor Anderson to his two Daughters with power only to the surviver of them to communicat and transmitt the secreet to some fitt and qualified persone, and that the deceast Katharine Andersone, the said Doctors surviveing daughter hath Communicat to Thomas Weir Chirurgeon in Edinburgh the wholl secreet and skill in Compareing and Compounding the forsaid pile, and hath suficiently instructed and seen him prepair and Compound and make up that pile, as well as ever it was done by Doctor Andersone of his Doctors aforsaid And that the said deceast Katharin Andersone hath by her assignatione dated the fifteinth day of December Jaj vjc Eightie Six years assigned and Disponed to the said Thomas Weir her stamp, for the directiones and seall for the boxes, with all other vessells matterialls and other instruments for Compounding prepairing and makeing up the saids piles, and that the said deceast Katharin Andersone doeth therby Declair that she hath Communicated and transmitted the secreet of prepairing and Compounding the said pil to the said Thomas Weir, and no other persone, And Considering that ther is non else to whom the secreet is Communicated or airt of prepairing and Compounding the said piles is Committed And that notwithstanding therof ther are severall persones who have allready and are of intentione to feinzie and Counterfitt the said pils, and to disperse the Same with printed papers and otherwayes, under the name of the said pile, Comonly Called Doctor Andersones pils, albeit the secreet of prepairing and Compounding therof was never Comunicat to them, nor to any other persone now ane life except the said Thomas Weir Which (if not prevented) might prove very dangerous and prejudiciall to his Majesties Leidges and others through makeing use of any Counterfitt Suffisticat and adulterat pils, and would much discourage the said Thomas Weir Who hath only the secreet of prepairing and Compounding therof to him Communicated by the said Katharin Andersone who assigned and disponed to him the said Stamp and seall with all other vessells and instruments for Compounding and dispenseing of the said pile in maner forsaid Therfore His majestie Ordaines a letter of Gift to be past and exped under his Majesties great seall of his ancient Kingdome of Scotland, Giveing Granting and Disponeing as his Majestie for himself and his Royall successors Gives Grants and Dispones to and in favors of the said Thomas Weir the sole power Right and priviledge to prepair Compound Dispense and vend the forsaid pile Called Doctor Andersons pil with power to him to use the said stampt and seall, formerly used by the said Katharine Andersone for attesting and marking the printed papers and boxes belonging to the saids piles For all the dayes and years of the said Thomas Weir his lifetime, And his majestie doeth heirby Discharge all other persone or persones whatsomever dureing the said space directly or indirectly to prepair Compound make up Dispence or vend any pile or piles under the name of the said pile invented by the said deceast Doctor Andersone or papers relateing theirto without the speciall License of the said Thomas Weir under the penalty of ane Thousand merks scots money for each Contraventione, And his majestie doeth heirby Recommend to his privy Councill and other Judicatories of the said kingdome of Scotland to see, his pleasure concerning the premisses rendered effectuall and the Contraveeners fyned or punished to the terror of others, provydeing allwayes that the said Thomas Weir shall be bound and oblidged not only to continue the faithfull and true prepairing Composeing makeing up and dispenseing of the saids Piles, as wes formerly done by the said deceast Doctor Andersone and his daughters, but likewayes to communicat the secreet therof, and instruct any qualified persone he shall think fitt or prepair Compose and make up the said pile, (That the inventione be not Lost) who shall have no benefit priviledge or Libertie to Compose or vend the forsaid pile dureing the full time and space abovewritten And his majestie ordaines the said Gift to be further extended with all Clauses needfull and to pass the great seall per saltium without passing any other sealls or registers in order therunto, These presents shall be to the director of his majesties Chancellory for writting out the same, and to the Lord high Chancellor for Causing the great seall to be appended therto a suficient warrand Given at our Court at Whithall the nynteinth day of May Jaj vjc Eightie seven, and of his majesties reigne the thrid year. By his majesties Command sic subscribitur Melfort As the said act Ordaineing thir our Letters of publicatione to be direct therupon Under the signet of Councill in maner and to the effect above and underwritten more fully proports Our Will is Heirfore and wee charge yow Strictly and Command That incontinent these our letters seen yee pass to the mercat Cross of Edinburgh and wholl remanent mercat Crosses of the head burghes of the shires of this Kingdome and other places needfull and ther in our name and authoritie by open proclamatione make publicatione of the said act or privy Councill and of the said Gift past under our great seall In favors of the said Thomas Weir That all Our Leidges may have notice therof and given Obedience therto under the pains 3 and Certificationes therin mentioned and being further answerable 4As our privy Councill shall think fitt in caice they contraveen, according to Justice as yee will answer to us therupon The which to doe will Committ to yow Conjunctllie and severallie our full power by these our letters delivering them be yow duly execute and indorsed againe to the bearer Given under our Signet at Edinburgh the nynteinth day of Jully One Thousand six hundred nyntie four years and of our Reigne the sixth year.

1. NRS, PC2/25, 23v-27r.

2. The word ‘prepaired’ scored out here.

3. The words ‘of Certificatione’ scored out here.

4. One illegible word scored out here.

1. NRS, PC2/25, 23v-27r.

2. The word ‘prepaired’ scored out here.

3. The words ‘of Certificatione’ scored out here.

4. One illegible word scored out here.

Order, 19 July 1694, Edinburgh

Posted on by

Edinburgh the nynteinth day of Jully Jaj vjc nyntie four

D1694/7/131

Order

Sist executione Innes of Auchlinbart against The Lady therof.

Bill of Suspensione Innes of Auchlinbart Against the Ladie Auchlinbart and answers therto Read and sists executione at the Chargers instance upon the Decreet Charged on against the suspender and that ay and whill the Charger purge the areistment mentioned in the bill at the sight of the Clerks of privy Councill.

Edinburgh the nynteinth day of Jully Jaj vjc nyntie four

D1694/7/131

Order

Sist executione Innes of Auchlinbart against The Lady therof.

Bill of Suspensione Innes of Auchlinbart Against the Ladie Auchlinbart and answers therto Read and sists executione at the Chargers instance upon the Decreet Charged on against the suspender and that ay and whill the Charger purge the areistment mentioned in the bill at the sight of the Clerks of privy Councill.

1. NRS, PC2/25, 23r-23v.

1. NRS, PC2/25, 23r-23v.