Act, 21 July 1692, Edinburgh

Edinburgh the twentie one day of Jully Jaj vjc nyntie two years

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Act

Act In favors of James Smart and John Paterson for aprysing some horses

Forasmuchas It being represented to the Lords of their majesties privy Councill That James Smart and John Paterson hostlers in Kirkaldie have mantained four horses with their keepers wherof one a sorrell horse pertaineing to Captaine Sandersone, The second a black horse pertaineing to Captain Hedlum The thrid ane Gray horse pertaineing to Captaine Cushnie, and the fourth a bay hors pertaineing to Livetenent Rendall all officers to have been transported with the forces that went from Scotland to Flanders in February or march last But ware necessitate to turne back throw the badnes of the weather, And that the saids hostlers can gett no notice wher the owners of these horsses are, That they may be payed for the mantinance of them and their keepers, and that the hostlers being mean persones are not able to mantaine them longer, The Saide Lords of privy Councill Doe heirby Ordaine the saids Hostlers to constitute and Liquidate before any of the baillies of Kirkaldie the soumes resting to them for mantinance of the saids horsses, And their keepers, And upon liquidation of the soumes Gives order and warrand to any of the saids baillies To cause appryss the saids horsses, And allowes the saids hostlers to sell and dispose upon them for the soumes they shall be apprysed to at the sight of any of the saids baillies, And appoints the supperplus of the pryce of the saids horses more then payes their Maintinance and their keepers To remaine in the baillies hands to be made furth cometing to such as should be found to have best right therto.

Edinburgh the twentie one day of Jully Jaj vjc nyntie two years

D1692/7/231

Act

Act In favors of James Smart and John Paterson for aprysing some horses

Forasmuchas It being represented to the Lords of their majesties privy Councill That James Smart and John Paterson hostlers in Kirkaldie have mantained four horses with their keepers wherof one a sorrell horse pertaineing to Captaine Sandersone, The second a black horse pertaineing to Captain Hedlum The thrid ane Gray horse pertaineing to Captaine Cushnie, and the fourth a bay hors pertaineing to Livetenent Rendall all officers to have been transported with the forces that went from Scotland to Flanders in February or march last But ware necessitate to turne back throw the badnes of the weather, And that the saids hostlers can gett no notice wher the owners of these horsses are, That they may be payed for the mantinance of them and their keepers, and that the hostlers being mean persones are not able to mantaine them longer, The Saide Lords of privy Councill Doe heirby Ordaine the saids Hostlers to constitute and Liquidate before any of the baillies of Kirkaldie the soumes resting to them for mantinance of the saids horsses, And their keepers, And upon liquidation of the soumes Gives order and warrand to any of the saids baillies To cause appryss the saids horsses, And allowes the saids hostlers to sell and dispose upon them for the soumes they shall be apprysed to at the sight of any of the saids baillies, And appoints the supperplus of the pryce of the saids horses more then payes their Maintinance and their keepers To remaine in the baillies hands to be made furth cometing to such as should be found to have best right therto.

1. NRS, PC2/24, 79v.

1. NRS, PC2/24, 79v.

Act, 21 July 1692, Edinburgh

Edinburgh the twentie one day of Jully Jaj vjc nyntie two years

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Act

Act Drumond of Meginsh for the keyes of the Mans of Erroll

Anent a Petition given in to the Lords of their majesties privy Council be Adam Drumond of Meginsh for himself And in name of the heritors and elders of the kirk session of Erroll Shewing That quher Mr Samuell Nairne was lawfullie called And orderly admitted to be minister of the said kirk as his instrument of admisione therwith produced Conforme wherto he hath been and is in the peacable2 exerciss of his ministrie at the said kirk And seing that albeit the manse by voyd yet the keyes being out of the way, He cannot have full access therto without the saids Lords warrand And Therfore Humbly Craveing the saids Lords to give warrand to the Shiref depute of the shyre or any within the bounds whom the saids Lords thinks fitt to make the said manse open and patent to him and enter him in the possession therof and parts and pertinents of the same and since the keyes cannot be found to make the kings keyes for that effect as the petitione bears. The Lords of their Majesties privy Councill haveing considered this petition given in to them be the above3 Adam Drumond of Meginsh and other heritors of the parish of Erroll with the answers made therto be Sir John Hay of Murie and other heritors of the said parish of Erroll with another petitione be these heritors and a petition given in by Meginsh and the other heritors be way of answer therto, with the writtes produced for aither partie, And the saids Lords Considering that the above Mr Nairne is in possession of the Church of the said parish of Erroll, Therfore they Ordaine the havers of the keyes of the manse of the said parish of Erroll if they can be knowen to deliver the same to the said Adam Drumond And if the said keyes cannot be found the saids Lords Doe heirby give order and warrand to Mr Nathaniall Fyfe advocat Sheref depute of the shyre of Pearth to break up the Doors of the said manse and make the same open and patent to the said Mr Nairn and enter him to the peacable possessione therof with the gleb parts and pertinents of the same as he will be answerable And Ordaines letters of horning to be direct heiron under the signet of Councill upon fiftein dayes warning.

Edinburgh the twentie one day of Jully Jaj vjc nyntie two years

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Act

Act Drumond of Meginsh for the keyes of the Mans of Erroll

Anent a Petition given in to the Lords of their majesties privy Council be Adam Drumond of Meginsh for himself And in name of the heritors and elders of the kirk session of Erroll Shewing That quher Mr Samuell Nairne was lawfullie called And orderly admitted to be minister of the said kirk as his instrument of admisione therwith produced Conforme wherto he hath been and is in the peacable2 exerciss of his ministrie at the said kirk And seing that albeit the manse by voyd yet the keyes being out of the way, He cannot have full access therto without the saids Lords warrand And Therfore Humbly Craveing the saids Lords to give warrand to the Shiref depute of the shyre or any within the bounds whom the saids Lords thinks fitt to make the said manse open and patent to him and enter him in the possession therof and parts and pertinents of the same and since the keyes cannot be found to make the kings keyes for that effect as the petitione bears. The Lords of their Majesties privy Councill haveing considered this petition given in to them be the above3 Adam Drumond of Meginsh and other heritors of the parish of Erroll with the answers made therto be Sir John Hay of Murie and other heritors of the said parish of Erroll with another petitione be these heritors and a petition given in by Meginsh and the other heritors be way of answer therto, with the writtes produced for aither partie, And the saids Lords Considering that the above Mr Nairne is in possession of the Church of the said parish of Erroll, Therfore they Ordaine the havers of the keyes of the manse of the said parish of Erroll if they can be knowen to deliver the same to the said Adam Drumond And if the said keyes cannot be found the saids Lords Doe heirby give order and warrand to Mr Nathaniall Fyfe advocat Sheref depute of the shyre of Pearth to break up the Doors of the said manse and make the same open and patent to the said Mr Nairn and enter him to the peacable possessione therof with the gleb parts and pertinents of the same as he will be answerable And Ordaines letters of horning to be direct heiron under the signet of Councill upon fiftein dayes warning.

1. NRS, PC2/24, 79r.

2. The word ‘posession’ scored out here.

3. Illegible name scored out here.

1. NRS, PC2/24, 79r.

2. The word ‘posession’ scored out here.

3. Illegible name scored out here.

Sederunt, 21 July 1692, Edinburgh

Edinburgh the twentie one day of Jully Jaj vjc nyntie two years1

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Sederunt

Lord Chancelor; Earl of Melvill p: Seall; Duke of Queensberry; Marquis of Douglas; Earl of Drumlanrig; Earl of Linlithgow; Earl of Forfar; Earl of Kintoir; Earl of Broadalbine; Viscount Stair; Viscount Tarbatt; Lord Montgomrie; Lord Raith; Lord Cardross; Lord Beilhaven; Lord Polwarth; Master of Forbes; Mr Johnston secret: Lord Fountonhall; Lord Enstruther; Laird of Blackbarrony; Laird of Stivensone; Sir Thomas Livingston; Sir William Lockhart; Sir Patrick Murray

Edinburgh the twentie one day of Jully Jaj vjc nyntie two years1

D1692/7/212

Sederunt

Lord Chancelor; Earl of Melvill p: Seall; Duke of Queensberry; Marquis of Douglas; Earl of Drumlanrig; Earl of Linlithgow; Earl of Forfar; Earl of Kintoir; Earl of Broadalbine; Viscount Stair; Viscount Tarbatt; Lord Montgomrie; Lord Raith; Lord Cardross; Lord Beilhaven; Lord Polwarth; Master of Forbes; Mr Johnston secret: Lord Fountonhall; Lord Enstruther; Laird of Blackbarrony; Laird of Stivensone; Sir Thomas Livingston; Sir William Lockhart; Sir Patrick Murray

1. NRS, PC2/24, 78v.

2. NRS, PC2/24, 78v.

1. NRS, PC2/24, 78v.

2. NRS, PC2/24, 78v.

Procedure, 20 July 1692, Edinburgh

Edinburgh The Twentie day of Jully Jaj vjc Nyntie two years

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Procedure

[Lord Cardross added to committee concerning Dr Weymes]

The Lord Cardross added to the Committie formerly appointed upon the petition given in be Doctor Weymes anent some soumes resting be the university of St Androwes to him and to the Committies appointed anent the half moneths cess allowed to the said university and other affairs of that university.

Edinburgh The Twentie day of Jully Jaj vjc Nyntie two years

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Procedure

[Lord Cardross added to committee concerning Dr Weymes]

The Lord Cardross added to the Committie formerly appointed upon the petition given in be Doctor Weymes anent some soumes resting be the university of St Androwes to him and to the Committies appointed anent the half moneths cess allowed to the said university and other affairs of that university.

1. NRS, PC2/24, 78v.

1. NRS, PC2/24, 78v.

Sederunt, 20 July 1692, Edinburgh

Edinburgh The Twentie day of Jully Jaj vjc Nyntie two years1

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Sederunt

Lord Chancelor; Earl of Melvill pr: Seall; Duke of Queensberry; Earl of Drumlanrig; Earl of Linlithgow; Earl of Forfar; Earl of Kintoir; Earl of Broadalbine; Viscount Tarbat; Lord Montgomrie; Lord Raith; Lord Cardross; Lord Beilhaven; Master of Forbes; Mr Johnston Secret; Lord Enstruther; Laird of Blackbarrony; Laird of Stivensone; Sir Thomas Livingston; Sir William Lockhart; Sir Patrick Murray

Edinburgh The Twentie day of Jully Jaj vjc Nyntie two years1

D1692/7/192

Sederunt

Lord Chancelor; Earl of Melvill pr: Seall; Duke of Queensberry; Earl of Drumlanrig; Earl of Linlithgow; Earl of Forfar; Earl of Kintoir; Earl of Broadalbine; Viscount Tarbat; Lord Montgomrie; Lord Raith; Lord Cardross; Lord Beilhaven; Master of Forbes; Mr Johnston Secret; Lord Enstruther; Laird of Blackbarrony; Laird of Stivensone; Sir Thomas Livingston; Sir William Lockhart; Sir Patrick Murray

1. NRS, PC2/24, 78v.

2. NRS, PC2/24, 78v.

1. NRS, PC2/24, 78v.

2. NRS, PC2/24, 78v.

Act, 19 July 1692, Edinburgh

Edinburgh The nynteinth day of Jully Jaj vjc nyntie two years

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Act

Act for farder dilligence Home of Coldinghamlaw

Anent a Petition given in to the Lords of their Majesties Privy Councill be Patrick Home of Coldinghamlaw Shewing That quher the petitioner haveing suspended Severall witnesses in a reconventione against the Laird of Muristoune and James Dunlape his factor The said James Dunlop has made his intrest with some of the matteriall witnesses and hindred them to Compeir and depone In so farr as John Ramsay in the Burnhall has not Compeired And Isobell Purves Spouse to Patrick Aitchisone in Coldinghame-Law albeit she Compeired at the barr yet was prevailled upon to absent herself from the Committie, And seing the petitioner might be very much prejudged if the saids witnesses ware not examined And Therfore humbly Suplicating to the effect after mentioned The Lords of their majesties privy Councill having Considered the above petitione given in to them be the above Patrick Home of Coldinghame They assigne the twentie sixth day of Jully instant to the petitioner for doeing of farder dilligence by Caption against the two above witnesses.

Edinburgh The nynteinth day of Jully Jaj vjc nyntie two years

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Act

Act for farder dilligence Home of Coldinghamlaw

Anent a Petition given in to the Lords of their Majesties Privy Councill be Patrick Home of Coldinghamlaw Shewing That quher the petitioner haveing suspended Severall witnesses in a reconventione against the Laird of Muristoune and James Dunlape his factor The said James Dunlop has made his intrest with some of the matteriall witnesses and hindred them to Compeir and depone In so farr as John Ramsay in the Burnhall has not Compeired And Isobell Purves Spouse to Patrick Aitchisone in Coldinghame-Law albeit she Compeired at the barr yet was prevailled upon to absent herself from the Committie, And seing the petitioner might be very much prejudged if the saids witnesses ware not examined And Therfore humbly Suplicating to the effect after mentioned The Lords of their majesties privy Councill having Considered the above petitione given in to them be the above Patrick Home of Coldinghame They assigne the twentie sixth day of Jully instant to the petitioner for doeing of farder dilligence by Caption against the two above witnesses.

1. NRS, PC2/24, 78r-78v.

1. NRS, PC2/24, 78r-78v.

Procedure: committee formed, 19 July 1692, Edinburgh

Edinburgh The nynteinth day of Jully Jaj vjc nyntie two years

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Procedure: committee formed

Comittie Muir against Lord Bargeny

The Lords of their majesties privy Councill haveing heard a bill of suspensione given in to them be John Lord Bargeny Against Hew Muir baillie in Carrick They heirby Recomend to the Earle of Broadalbine and the Lord Montgomrie to call for and meet with the parties and endeavor to setle them in the said matter and report to the Councill at their nixt meeting.

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Procedure: committee formed

Comittie Muir against Lord Bargeny

The Lords of their majesties privy Councill haveing heard a bill of suspensione given in to them be John Lord Bargeny Against Hew Muir baillie in Carrick They heirby Recomend to the Earle of Broadalbine and the Lord Montgomrie to call for and meet with the parties and endeavor to setle them in the said matter and report to the Councill at their nixt meeting.

1. NRS, PC2/24, 78r.

1. NRS, PC2/24, 78r.

Sederunt, 19 July 1692, Edinburgh

Edinburgh The nynteinth day of Jully Jaj vjc nyntie two years1

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Sederunt

Lord Chancelor; Earl of Melvill pr: seall; Duke of Queensberry; Earl of Drumlanrig; Earl of Linlithgow; Earl of Lothian; Earl of Forfar; Earl of Kintoir; Earl of Brodalbine; Viscount Tarbatt; Viscount Stair; Lord Montgomrie; Lord Raith; Lord Cardross; Lord Beilhaven; Master of Forbes; Mr Johnston Secret; Lord Hatton; Lord Fountonhall; Lord Enstruther; Laird of Blackbarrony; Laird of Stivensone; Laird of Pollock; Sir William Lockhart; Sir Patrick Murray

Edinburgh The nynteinth day of Jully Jaj vjc nyntie two years1

D1692/7/162

Sederunt

Lord Chancelor; Earl of Melvill pr: seall; Duke of Queensberry; Earl of Drumlanrig; Earl of Linlithgow; Earl of Lothian; Earl of Forfar; Earl of Kintoir; Earl of Brodalbine; Viscount Tarbatt; Viscount Stair; Lord Montgomrie; Lord Raith; Lord Cardross; Lord Beilhaven; Master of Forbes; Mr Johnston Secret; Lord Hatton; Lord Fountonhall; Lord Enstruther; Laird of Blackbarrony; Laird of Stivensone; Laird of Pollock; Sir William Lockhart; Sir Patrick Murray

1. NRS, PC2/24, 78r.

2. NRS, PC2/24, 78r.

1. NRS, PC2/24, 78r.

2. NRS, PC2/24, 78r.

Act, 14 July 1692, Edinburgh

Edinburgh the fourtein day of Jully Jaj vjc nyntie two years

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Act

Act Margrat Rasper Against The Viscount of Kenmure

Anent a Petition given in to Lords of their majesties privy Councill be poor Margrat Rasper Shewing That the petitioner being a poor widdow was ejected most violently out of her possession by the Viscount of Kenmuir his Chamberland and their accomplices of quich the petitioner Complained to their Lordships Bot the Viscount Disregairding any thing the petitioner could doe Compeired not, Bot sufered himself to be denunced, And when in march last he gave in a bill of suspensione and relaxatione, And the said petitioner Compeired to answer, The saids Lords ordained him to pay to the petitioner two hundred merks of aliment And Declared that upon the payment he was to be relaxed from the horne of Consent, Bot tho the petitioners has Caused charge him with horning and Denunced him for not payment of the said aliment yet the said Viscount Contempteously refuses, And albeit the saids Lords by their feist deliverance ordained the said petitioner to insist in her principall Lybell againe the first of June, yet such is the said viscounts opression that the not only dispises to relax himself and Compeir Bot by threatning and otherwayes keeps back the said Petitioners witnesses that she Cannot gett them in it being beyond her power to take out and executed Caption against them In Respect of the said petitioners extream poverty and distress Which is in effect all the Viscounts confidence And seing that the saids Lords may by these things clearly see the petitioners sad afflictione and oppression And that after now haing waited almost a year and ane half for the saids Lords Justice The petitioners adversary doeth openly contemne all she can doe or that their Lordships hath inability and poverty she is not able longer to subsist muchless to prosecute her Complaint against him before the saids Lords wher she mett with such hinderance And Therfore Humbly Craving their Lordships In Respect of the Viscounts manifast contempt and being denunced of the horse now for ane second tyme To ordaine the said petitioner to be sumarly repossessed in the roome and lands whence she was ejected and Deliver back her goods and geir taken from her most wrongeously or the value therof And allow the said petitioner for her damnadge which is great by and attour his wounding blooding of the said petitioner and Cheldrein And to give warrand to the shireff or any two of the Justice of peace to repossess her brevi manu without farder delay as the said petitione bears. The Lords of Their majesties privy Councill haveing Considered this Petition given in to them be the above Margrat Rasper They Recommend to their Majesties Soliciter to pass and exped a gift of the Viscount of Kenmures Escheat for their majesties behoove upon the horning raised at the petitioners instance against him for payment of the said two hundred merks of expences And in the mean tyme Recommends to the Lords Commissioners of their Majesties thesaurie to cause payment be made of the said soume of Two Hundreth Merks to the petitioner in place of the two hundreth merks of expences appoynted by the Councill to have been payed to the viscount to her.

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Act

Act Margrat Rasper Against The Viscount of Kenmure

Anent a Petition given in to Lords of their majesties privy Councill be poor Margrat Rasper Shewing That the petitioner being a poor widdow was ejected most violently out of her possession by the Viscount of Kenmuir his Chamberland and their accomplices of quich the petitioner Complained to their Lordships Bot the Viscount Disregairding any thing the petitioner could doe Compeired not, Bot sufered himself to be denunced, And when in march last he gave in a bill of suspensione and relaxatione, And the said petitioner Compeired to answer, The saids Lords ordained him to pay to the petitioner two hundred merks of aliment And Declared that upon the payment he was to be relaxed from the horne of Consent, Bot tho the petitioners has Caused charge him with horning and Denunced him for not payment of the said aliment yet the said Viscount Contempteously refuses, And albeit the saids Lords by their feist deliverance ordained the said petitioner to insist in her principall Lybell againe the first of June, yet such is the said viscounts opression that the not only dispises to relax himself and Compeir Bot by threatning and otherwayes keeps back the said Petitioners witnesses that she Cannot gett them in it being beyond her power to take out and executed Caption against them In Respect of the said petitioners extream poverty and distress Which is in effect all the Viscounts confidence And seing that the saids Lords may by these things clearly see the petitioners sad afflictione and oppression And that after now haing waited almost a year and ane half for the saids Lords Justice The petitioners adversary doeth openly contemne all she can doe or that their Lordships hath inability and poverty she is not able longer to subsist muchless to prosecute her Complaint against him before the saids Lords wher she mett with such hinderance And Therfore Humbly Craving their Lordships In Respect of the Viscounts manifast contempt and being denunced of the horse now for ane second tyme To ordaine the said petitioner to be sumarly repossessed in the roome and lands whence she was ejected and Deliver back her goods and geir taken from her most wrongeously or the value therof And allow the said petitioner for her damnadge which is great by and attour his wounding blooding of the said petitioner and Cheldrein And to give warrand to the shireff or any two of the Justice of peace to repossess her brevi manu without farder delay as the said petitione bears. The Lords of Their majesties privy Councill haveing Considered this Petition given in to them be the above Margrat Rasper They Recommend to their Majesties Soliciter to pass and exped a gift of the Viscount of Kenmures Escheat for their majesties behoove upon the horning raised at the petitioners instance against him for payment of the said two hundred merks of expences And in the mean tyme Recommends to the Lords Commissioners of their Majesties thesaurie to cause payment be made of the said soume of Two Hundreth Merks to the petitioner in place of the two hundreth merks of expences appoynted by the Councill to have been payed to the viscount to her.

1. NRS, PC2/24, 77r-77v.

1. NRS, PC2/24, 77r-77v.

Act, 14 July 1692, Edinburgh

Edinburgh the fourtein day of Jully Jaj vjc nyntie two years

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Act

Act Mr James Gray of Balnagoun and Commissioners of supply of Aberdeenshyre

The Lords of their Majesties privy Councill haveing heard a Petition given in to them be the Commissioners of Supply of the Shyre of Aberdeen and Mr James Gray of Balnagown Craveing the saids Lords to grant warrand for removeing any part of the souldiers quartered upon the lands of Balnagowan and Cairnfield for deficiency in payment of the Cess or other publict dues as a part of the shyre of Banff without payment of any quartering money, and to prohibit and Discharge any such sumar quartering upon the saids lands or any others within the shyre of Aberdeen Otherwayes then in the proportiones prescryved by law In caise these lands or the heritors therof be deficient In payment of their proportiones as parts of the said shyre of Aberdeen As also to Decerne James Cock the Collector of the Shyre of Banff to repay the petitioners expences according to the modificatione In Respect of his unwarrantable order for the quartering quhich was produced to the petitioner quhen he took instruments against the said Illegall quartering The saids Lords allow the above Collector of Supply of the Shyre of Bannff to see and answer the said petition, And in the mean tyme ordains the parties quartered upon the above Lands of Cairnfeild and Balgonie to be removed (without payment of quartering or ryding money) furth with upon intimatione heirof And Discharges the quartering of any such parties in tyme comeing Untill answers be given in to this petition and advysed be the saids Lords and interloquitor given be them upon the said petitione and the saids answers.

Edinburgh the fourtein day of Jully Jaj vjc nyntie two years

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Act

Act Mr James Gray of Balnagoun and Commissioners of supply of Aberdeenshyre

The Lords of their Majesties privy Councill haveing heard a Petition given in to them be the Commissioners of Supply of the Shyre of Aberdeen and Mr James Gray of Balnagown Craveing the saids Lords to grant warrand for removeing any part of the souldiers quartered upon the lands of Balnagowan and Cairnfield for deficiency in payment of the Cess or other publict dues as a part of the shyre of Banff without payment of any quartering money, and to prohibit and Discharge any such sumar quartering upon the saids lands or any others within the shyre of Aberdeen Otherwayes then in the proportiones prescryved by law In caise these lands or the heritors therof be deficient In payment of their proportiones as parts of the said shyre of Aberdeen As also to Decerne James Cock the Collector of the Shyre of Banff to repay the petitioners expences according to the modificatione In Respect of his unwarrantable order for the quartering quhich was produced to the petitioner quhen he took instruments against the said Illegall quartering The saids Lords allow the above Collector of Supply of the Shyre of Bannff to see and answer the said petition, And in the mean tyme ordains the parties quartered upon the above Lands of Cairnfeild and Balgonie to be removed (without payment of quartering or ryding money) furth with upon intimatione heirof And Discharges the quartering of any such parties in tyme comeing Untill answers be given in to this petition and advysed be the saids Lords and interloquitor given be them upon the said petitione and the saids answers.

1. NRS, PC2/24, 76v-77r.

1. NRS, PC2/24, 76v-77r.