Tag Archives: June

Procedure: judicial proceedings, 8 June 1697, Edinburgh

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Att Edinburgh the Eight day of Jwny Jaj vic nyntie seven yeirs

D1697/6/31

Procedure: judicial proceedings

Remit The wniversitie of St Andrews Against the magistrats therof

Anent the lybell raised and perswed befor the Lords of privie Counsell at the instance of Mr George Hamilton rector of the wniversitie of Standrews Mr Alexander Monro provost of St andrews colledge Mrs William Young Dean of facultie Robert Ramsey Thomas Taillzer John Sun, John Arrot John Craigie Alexander Scrimzeour John Loudown Collin and William Villants professors and regents of the said wniversitie for themselvs and in name and behalf of the remanent members and founded persones students supposts and servitors therof and uthers belonging therto and John Ballmano ther Servant and ordinarie post with concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater underurittin Mentioning That wheras by the comon Law and the Lawes of all well governed nationes and the Lawes and acts of parliament of this nation the incroaching upon and violating of the ryts and priviledges of the colledges and wniversities which are the great seminaries of Learning by Seazing upon and wrongous imprisoneing of the persons of the Schoollers servitors, or others belonging to the wniversitie are crymes of a high nature and Severelie pwnishable And it being of veritie that the wniversitie of Standreus (by the foundatione therof and ther ancient rights and priviledges confirmed by many charters wnder the great seall granted by severall kings and qweens of this natione) Is exeuned from all ordinary Jurisdiction and the pwnishing and correction of unjuries done to any of the Students Servitors or others belongs onlie to the rector and such is the wniversities pouer over the towne of Standrews and whole inhabitants therof that if any indueller within the toune Should violat the priviledges of the wniversitie and Should count any fault in relatione to the Samen the delinguents are to be intimat to the provest or any of the baillies by the rector of the wniversities and the rector is to requyre the baillies or provest to punish them within tuentie four hours and if they be deficient the correcting of them Shall belong to the rector himself as also by the foundatione and charters granted by the kings and qweens of this nation the wniversitie as exeemed from all taxationes customes and other publict executions All which rights and priviledges are confirmed by manie acts of parliament particularly by ane act in the yeir Jaj vic and twentie one in favours of the wniversitie by which it is also furder declaired that the wniversitie nor no persone belonging therto Shall be exeemed from the Jurisdictione of the Lords of Session our privie Counsell and Justice generall and that notwithstanding of any priviledge contained in the foundationes and originall mortificationes which clearlie imports that the wniversitie nor noe person belonging therto Schoollers or others are Subject or lyable to the Jurisdictione of the magistrats of the toun seing exceptio firmat regulam in non exceptis and the provest baillies and other officers of the burgh at ther electione yeirly are obleidged to Sweare befor the rector to observe all the priviledges and Liberties of the wniversitie And by the same charters and originall rights and foundationes our predecessors King James the first hes taken the Doctors regents masters students Supposts and others of the wniversitie under our Speciall favour defence and protectione Dischargeing all Subjects to infringe ther priviledges or Disturb them in the possessione therof And which hes bein confirmed by severall of our predicessors Kings and qweens And conform to the forsaids rights and priviledges the wniversitie hes allwayes bein in wse to cognose Judge and determine als well upon wrongs and injuries done by the Schoollers Servants or others of the wniversitie to the towne people as of wrongs and injuries done by the touns people to them as also of being frie of customes in wse to be exacted by the towne from others yet notwithstanding James Smith Mr Alexander Nairn George Rymer and John Craigie magistrats of the said burgh contrair to the forsaids Lawes and acts of parliament and the priviledges and liberties of the wniversitie did upon the […] day of […] Jaj vic nyntie six yeirs or ane or other of the dayes of the said moneth violently or maisterfullie Seaze upon the said John Balmano the wniversities Servant and most wrongouslie put him in prison upon pretence of ane alleaged injurie done to Some of the townes people and detained him in prisone for severall dayes untill he was necessitat to apply to the saids Lords of Sessione and obtaine a Suspensione and charge to putt to Libertie As also the saids magistrats doe most wnjustlie exact custome at ther ports and harbours and else wher for goods and uthers belonging to the wniversitie and severall colleidges therof and the maisters Students Servants and uthers therin By all which the saids magistrats have manifestlie incroached on and violat the priviledges of the said wniversitie contrair to all Law eqwitie and Justice and ther oath given at ther electione to be magistrats to observe the Statuts and priviledges of the wniversitie and which as propper to be cognosced by the Lords of our privie Counsell not onlie to prevent tumults and other inconveniencies that may otherwise happen or fall owt betuixt the Students of the wniversitie and citizens of the towne but also because it being expresslie provided by the foundatione of the wniversitie that if any difference arise betuixt the wniversitie and the towne in relatione to the correctione and pwnishing of any pairtie for crymes committed by you the cognitione and determinatione therof is to belong to the bishup and now belongs to ws as comeing in place of the bishups and conseqwently to our privie Counsell and therfor the saids magistrats ought not only to be discharged from exerceing any act of Jurisdiction over the maisters Schoollers Servants and others belonging to the wniversitie als well in the caise of injuries done by the Schoollers and uthers of the wniversitie to the townes people as by the townes people to them and from exacting custome for ther goods and from incroaching upon and violating any of the rights and priviledges in tyme comeing but also ought to be pwnished in ther persones and goods to the terror of others to comit the lyke herefter and to be lyable to the said John Balmano the Soume of […] as damnadges for his wrongous imprisonment And anent the charge given to the saids defenders to have compeired personallie befor the saids Lords of privie Counsell at ane certaine day now bygone to have ansuered to the grounds of the above complaint and to have heard and Sein Such order and course taken theranent As the saids Lords Should think fitt wnder the paine of rebellion etc As the said lybell with the executiones therof bears which lybell or Letters of complaint And lybell of reconventione the defenders against the persewers being this day called in presence of the saids Lords of his majesties privy Counsell And the saids Mr George Hamiltowne Robert Ramsay John Craigie Alexander Scrimzeour John Lowdowne and John Balmano persewers Compeareing personallie with Sir Patrick Home Sir David Thores James Stewart and Mr David Dallrimple ther advocats and the said James Smith George Rhymer and John Craigie defenders and persewers of the reconventione Compeareing personallie with Sir James Stewart his majesties Advocat mr Hwgh Dallrimple Mr David Cwningham and Mr Robert Cook ther Advocats and the rest of the persewers and defenders being Laufullie cited oft tymes called and not compearing The principall lybell and answers therto being fullie read The Earle of Crafurd who compeared personallie for the towne of Standrews declaired that they past from the Letters of reconventione raised at the magistrats instance against the persewers And therfor the Same was not read The Saids Lords haveing considered the principall lybell and answers made therto and haveing atlenth heard both pairties Lawiers They have remitted And heirby remits the points in the principall lybell to The Lords of Counsell and Sessione to be Sumarly discust by ther Lordships in the efternoon without abideing the ordinarie course of the Roll

Att Edinburgh the Eight day of Jwny Jaj vic nyntie seven yeirs

D1697/6/31

Procedure: judicial proceedings

Remit The wniversitie of St Andrews Against the magistrats therof

Anent the lybell raised and perswed befor the Lords of privie Counsell at the instance of Mr George Hamilton rector of the wniversitie of Standrews Mr Alexander Monro provost of St andrews colledge Mrs William Young Dean of facultie Robert Ramsey Thomas Taillzer John Sun, John Arrot John Craigie Alexander Scrimzeour John Loudown Collin and William Villants professors and regents of the said wniversitie for themselvs and in name and behalf of the remanent members and founded persones students supposts and servitors therof and uthers belonging therto and John Ballmano ther Servant and ordinarie post with concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater underurittin Mentioning That wheras by the comon Law and the Lawes of all well governed nationes and the Lawes and acts of parliament of this nation the incroaching upon and violating of the ryts and priviledges of the colledges and wniversities which are the great seminaries of Learning by Seazing upon and wrongous imprisoneing of the persons of the Schoollers servitors, or others belonging to the wniversitie are crymes of a high nature and Severelie pwnishable And it being of veritie that the wniversitie of Standreus (by the foundatione therof and ther ancient rights and priviledges confirmed by many charters wnder the great seall granted by severall kings and qweens of this natione) Is exeuned from all ordinary Jurisdiction and the pwnishing and correction of unjuries done to any of the Students Servitors or others belongs onlie to the rector and such is the wniversities pouer over the towne of Standrews and whole inhabitants therof that if any indueller within the toune Should violat the priviledges of the wniversitie and Should count any fault in relatione to the Samen the delinguents are to be intimat to the provest or any of the baillies by the rector of the wniversities and the rector is to requyre the baillies or provest to punish them within tuentie four hours and if they be deficient the correcting of them Shall belong to the rector himself as also by the foundatione and charters granted by the kings and qweens of this nation the wniversitie as exeemed from all taxationes customes and other publict executions All which rights and priviledges are confirmed by manie acts of parliament particularly by ane act in the yeir Jaj vic and twentie one in favours of the wniversitie by which it is also furder declaired that the wniversitie nor no persone belonging therto Shall be exeemed from the Jurisdictione of the Lords of Session our privie Counsell and Justice generall and that notwithstanding of any priviledge contained in the foundationes and originall mortificationes which clearlie imports that the wniversitie nor noe person belonging therto Schoollers or others are Subject or lyable to the Jurisdictione of the magistrats of the toun seing exceptio firmat regulam in non exceptis and the provest baillies and other officers of the burgh at ther electione yeirly are obleidged to Sweare befor the rector to observe all the priviledges and Liberties of the wniversitie And by the same charters and originall rights and foundationes our predecessors King James the first hes taken the Doctors regents masters students Supposts and others of the wniversitie under our Speciall favour defence and protectione Dischargeing all Subjects to infringe ther priviledges or Disturb them in the possessione therof And which hes bein confirmed by severall of our predicessors Kings and qweens And conform to the forsaids rights and priviledges the wniversitie hes allwayes bein in wse to cognose Judge and determine als well upon wrongs and injuries done by the Schoollers Servants or others of the wniversitie to the towne people as of wrongs and injuries done by the touns people to them as also of being frie of customes in wse to be exacted by the towne from others yet notwithstanding James Smith Mr Alexander Nairn George Rymer and John Craigie magistrats of the said burgh contrair to the forsaids Lawes and acts of parliament and the priviledges and liberties of the wniversitie did upon the […] day of […] Jaj vic nyntie six yeirs or ane or other of the dayes of the said moneth violently or maisterfullie Seaze upon the said John Balmano the wniversities Servant and most wrongouslie put him in prison upon pretence of ane alleaged injurie done to Some of the townes people and detained him in prisone for severall dayes untill he was necessitat to apply to the saids Lords of Sessione and obtaine a Suspensione and charge to putt to Libertie As also the saids magistrats doe most wnjustlie exact custome at ther ports and harbours and else wher for goods and uthers belonging to the wniversitie and severall colleidges therof and the maisters Students Servants and uthers therin By all which the saids magistrats have manifestlie incroached on and violat the priviledges of the said wniversitie contrair to all Law eqwitie and Justice and ther oath given at ther electione to be magistrats to observe the Statuts and priviledges of the wniversitie and which as propper to be cognosced by the Lords of our privie Counsell not onlie to prevent tumults and other inconveniencies that may otherwise happen or fall owt betuixt the Students of the wniversitie and citizens of the towne but also because it being expresslie provided by the foundatione of the wniversitie that if any difference arise betuixt the wniversitie and the towne in relatione to the correctione and pwnishing of any pairtie for crymes committed by you the cognitione and determinatione therof is to belong to the bishup and now belongs to ws as comeing in place of the bishups and conseqwently to our privie Counsell and therfor the saids magistrats ought not only to be discharged from exerceing any act of Jurisdiction over the maisters Schoollers Servants and others belonging to the wniversitie als well in the caise of injuries done by the Schoollers and uthers of the wniversitie to the townes people as by the townes people to them and from exacting custome for ther goods and from incroaching upon and violating any of the rights and priviledges in tyme comeing but also ought to be pwnished in ther persones and goods to the terror of others to comit the lyke herefter and to be lyable to the said John Balmano the Soume of […] as damnadges for his wrongous imprisonment And anent the charge given to the saids defenders to have compeired personallie befor the saids Lords of privie Counsell at ane certaine day now bygone to have ansuered to the grounds of the above complaint and to have heard and Sein Such order and course taken theranent As the saids Lords Should think fitt wnder the paine of rebellion etc As the said lybell with the executiones therof bears which lybell or Letters of complaint And lybell of reconventione the defenders against the persewers being this day called in presence of the saids Lords of his majesties privy Counsell And the saids Mr George Hamiltowne Robert Ramsay John Craigie Alexander Scrimzeour John Lowdowne and John Balmano persewers Compeareing personallie with Sir Patrick Home Sir David Thores James Stewart and Mr David Dallrimple ther advocats and the said James Smith George Rhymer and John Craigie defenders and persewers of the reconventione Compeareing personallie with Sir James Stewart his majesties Advocat mr Hwgh Dallrimple Mr David Cwningham and Mr Robert Cook ther Advocats and the rest of the persewers and defenders being Laufullie cited oft tymes called and not compearing The principall lybell and answers therto being fullie read The Earle of Crafurd who compeared personallie for the towne of Standrews declaired that they past from the Letters of reconventione raised at the magistrats instance against the persewers And therfor the Same was not read The Saids Lords haveing considered the principall lybell and answers made therto and haveing atlenth heard both pairties Lawiers They have remitted And heirby remits the points in the principall lybell to The Lords of Counsell and Sessione to be Sumarly discust by ther Lordships in the efternoon without abideing the ordinarie course of the Roll

1. NRS, PC2/26, 352r-353r.

1. NRS, PC2/26, 352r-353r.

Decreet, 8 June 1697, Edinburgh

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Att Edinburgh the Eight day of Jwny Jaj vic nyntie seven yeirs

D1697/6/21

Decreet

Decreit Laird of Burray Against Pittcairne

Anent the lybell intended and perswed before the Lords of his majesties privie Cownsell the one therof being a lybell of reconventione at the instance of Sir Archibald Stewart of Burray with concurse of Sir James Stewart his majesties advocat for his hignes interest in the mater wnderwrittin Makeing mentione That albeit the troubleing and molesting of our Leidges be growndles and callumniows process befor the Lords of our privie Counsell And therby forceing them to farr Journeyes great trouble and expenses without any Jwst grownd and the makeing wse of other persones names as Joineing with them in the said complaint Be crymes of a high nature and severelie pwnishable Nevertheles It is of veritie that Mr Alexander Pittcairne minister at the south and north kirks of Sowth Ronaldsey and kirk of Burrey and Late Dean of Orkney is gwiltie of and hath presumed to commit the foirsaid cryme in so farr as he haveing conceaved ane inveterat prejudice and growndles malice against the said Complainer he of purpose to putt the said Sir Archibald Stewart to great trouble and expensses for Satiating of his own wnjust malice hath raised and execut a most wnjust and callwminows complaint against the said Complainer befor the saids Lords of our privie Cownsell The Severall articles wherof are holden as repeated herein brevitatis Causa And therby forced the said Complainer and Severall others Countrey people to come from Orkney to Edinburgh in the tyme of ther Laboureing and therby putt them to verie great trouble and expensses For Doeing wherof the Said Mr Alexander Pitcairne owght and Should not only be decerned and ordained to make payment to the said Complainer of his haill expensses occasioned by the foirsaid growndles perswte extending to the Soume of […] But alsoe be Severely pwnished in his persone and goods to the example and terror of others to Commit the lyke in tyme comeing And the other of the Saids lybells at the instance of the said Sir James Stewart advocat for his highnes interest in the mater wnder written Makeing mentione That wher by the sixt act of parliament Jaj vic and nyntie thrie all ministers of the gospell and preachers whatsoever are ordained to take the oath of alleadgeance and subscribe the Same with the assureance Subjoined to that act in maner and within the dayes appointed by the Same act or the other acts of parliament made therefter for that effect with certificationes that the minister not qwalifieing himself as said is Should be deprived of his benefice or Stipend or if not provided to a kirk Should be pwnished by banishment or otherwayes as the Lords of our privie Counsell Should think fitt Lykeas by the Second act of the parliament Jaj vic eightie nyn all persones are obleidged to acknowledge our royall power and nether by writeing Speakeing or any other maner of way to disown qwarrell or impwgne the Same wnder the paines therin mentioned Nevertheless It is of veritie that Mr Alexander Pittcairne minister of the gospell at South Ronaldsey in Orkney Suffered all the dayes appointed by the acts of parliament for Sweareing and Subscribeing as said is to elapse now of a Long tyme without qwalifieing himself in maner therin prescribed And notwithstanding therof presumptwowselie continwes to preach and exercise other pairts of the ministeriall fwnctione contrair to the said Law and acts of parliament Lykeas the said Mr Alexander Pittcairne did in one or other of the dayes of the moneths of the yeir Jaj vic nyntie five or Jaj vic and nyntie Six preaching in the South kirk of South Ronaldsey and other kirks Say openlie and most wickedlie that ws King William was ane villanows or tirraneows traitter who had putt away the righteows king and other rebelliows expressions And therfor owght to be deprived from his Stipend and benefice and furder pwnished As the Lords of our privie Cownsell Shall think meet to the example and terror of others to Comit the lyke in tyme comeing And anent the chargers given to the said defender to have Compeared personallie befor the saids Lord of privie Counsell at ane certaine day now bygone to have answered to the grownds of the above complaints and to have heard and Sein Such order and course taken theranent As the saids Lords think fitt wnder the paine of rebellione etc As the saids lybells and executiones therof at more Lenth bears The Said lybell of reconventione and lybell at the instance of his majesties Advocat being this day called in presence of the Lords of his majesties privie Counsell And the said Sir Archibald persewer Compeareing personallie with Sir David Thores and Mr Hew Dallrimple and […] his advocats And his majesties advocat Compeareing personallie as persewer in his lybell for his majesties interest And the Said defender Compeareing personallie with Sir Patrick Home and Mr William Calderwood his Advocats Both lybells with the ansuers made therto being read and both pairties Lawiers fullie heard And the said defender being asked if he preaches and if he hes qwalified himself in the termes of Law acknowledged that he doeth preach But that he hes not as yet qwalified himself in the termes of the act of parliament And therfore and in respect that ther is High treasone lybelled against him in the lybell at the Lord Advocats instance Therfore the saids Lords of his majesties privie Counsell appoints the Said Mr Alexander Pittcairne to be caried prisoner by ther macers from the barr to the tollbwith of Edinburgh therin to remaine prisoner dureing the Counsells pleasure And in the mean tyme recomends to his majesties Advocat to intent and follow furth a proces of treasone against him befor the Lords Commissioners of Justiciarie And have deprived and heirby deprives the said defender from the South and north kirks of Southronaldsay and Kirk of Burrey and declaires all the saids thrie Kirks vaccand and decernes and ordaines the said Mr Alexander Pittcairne to flitt and remove himself his wyfe familie and tennents furth and from the manses and gleibs of the saids thrie kirks and owt of the saids thrie paroches Betuixt and the first day of Augwst next to come And continwes the modifieing of expensses in favors of the persewer against the defender untill another dyet And ordaines Letters of horneing to pass heiron wnder the Signet of Cownsell on Fifftein dayes and others needfull in forme as effeirs

Att Edinburgh the Eight day of Jwny Jaj vic nyntie seven yeirs

D1697/6/21

Decreet

Decreit Laird of Burray Against Pittcairne

Anent the lybell intended and perswed before the Lords of his majesties privie Cownsell the one therof being a lybell of reconventione at the instance of Sir Archibald Stewart of Burray with concurse of Sir James Stewart his majesties advocat for his hignes interest in the mater wnderwrittin Makeing mentione That albeit the troubleing and molesting of our Leidges be growndles and callumniows process befor the Lords of our privie Counsell And therby forceing them to farr Journeyes great trouble and expenses without any Jwst grownd and the makeing wse of other persones names as Joineing with them in the said complaint Be crymes of a high nature and severelie pwnishable Nevertheles It is of veritie that Mr Alexander Pittcairne minister at the south and north kirks of Sowth Ronaldsey and kirk of Burrey and Late Dean of Orkney is gwiltie of and hath presumed to commit the foirsaid cryme in so farr as he haveing conceaved ane inveterat prejudice and growndles malice against the said Complainer he of purpose to putt the said Sir Archibald Stewart to great trouble and expensses for Satiating of his own wnjust malice hath raised and execut a most wnjust and callwminows complaint against the said Complainer befor the saids Lords of our privie Cownsell The Severall articles wherof are holden as repeated herein brevitatis Causa And therby forced the said Complainer and Severall others Countrey people to come from Orkney to Edinburgh in the tyme of ther Laboureing and therby putt them to verie great trouble and expensses For Doeing wherof the Said Mr Alexander Pitcairne owght and Should not only be decerned and ordained to make payment to the said Complainer of his haill expensses occasioned by the foirsaid growndles perswte extending to the Soume of […] But alsoe be Severely pwnished in his persone and goods to the example and terror of others to Commit the lyke in tyme comeing And the other of the Saids lybells at the instance of the said Sir James Stewart advocat for his highnes interest in the mater wnder written Makeing mentione That wher by the sixt act of parliament Jaj vic and nyntie thrie all ministers of the gospell and preachers whatsoever are ordained to take the oath of alleadgeance and subscribe the Same with the assureance Subjoined to that act in maner and within the dayes appointed by the Same act or the other acts of parliament made therefter for that effect with certificationes that the minister not qwalifieing himself as said is Should be deprived of his benefice or Stipend or if not provided to a kirk Should be pwnished by banishment or otherwayes as the Lords of our privie Counsell Should think fitt Lykeas by the Second act of the parliament Jaj vic eightie nyn all persones are obleidged to acknowledge our royall power and nether by writeing Speakeing or any other maner of way to disown qwarrell or impwgne the Same wnder the paines therin mentioned Nevertheless It is of veritie that Mr Alexander Pittcairne minister of the gospell at South Ronaldsey in Orkney Suffered all the dayes appointed by the acts of parliament for Sweareing and Subscribeing as said is to elapse now of a Long tyme without qwalifieing himself in maner therin prescribed And notwithstanding therof presumptwowselie continwes to preach and exercise other pairts of the ministeriall fwnctione contrair to the said Law and acts of parliament Lykeas the said Mr Alexander Pittcairne did in one or other of the dayes of the moneths of the yeir Jaj vic nyntie five or Jaj vic and nyntie Six preaching in the South kirk of South Ronaldsey and other kirks Say openlie and most wickedlie that ws King William was ane villanows or tirraneows traitter who had putt away the righteows king and other rebelliows expressions And therfor owght to be deprived from his Stipend and benefice and furder pwnished As the Lords of our privie Cownsell Shall think meet to the example and terror of others to Comit the lyke in tyme comeing And anent the chargers given to the said defender to have Compeared personallie befor the saids Lord of privie Counsell at ane certaine day now bygone to have answered to the grownds of the above complaints and to have heard and Sein Such order and course taken theranent As the saids Lords think fitt wnder the paine of rebellione etc As the saids lybells and executiones therof at more Lenth bears The Said lybell of reconventione and lybell at the instance of his majesties Advocat being this day called in presence of the Lords of his majesties privie Counsell And the said Sir Archibald persewer Compeareing personallie with Sir David Thores and Mr Hew Dallrimple and […] his advocats And his majesties advocat Compeareing personallie as persewer in his lybell for his majesties interest And the Said defender Compeareing personallie with Sir Patrick Home and Mr William Calderwood his Advocats Both lybells with the ansuers made therto being read and both pairties Lawiers fullie heard And the said defender being asked if he preaches and if he hes qwalified himself in the termes of Law acknowledged that he doeth preach But that he hes not as yet qwalified himself in the termes of the act of parliament And therfore and in respect that ther is High treasone lybelled against him in the lybell at the Lord Advocats instance Therfore the saids Lords of his majesties privie Counsell appoints the Said Mr Alexander Pittcairne to be caried prisoner by ther macers from the barr to the tollbwith of Edinburgh therin to remaine prisoner dureing the Counsells pleasure And in the mean tyme recomends to his majesties Advocat to intent and follow furth a proces of treasone against him befor the Lords Commissioners of Justiciarie And have deprived and heirby deprives the said defender from the South and north kirks of Southronaldsay and Kirk of Burrey and declaires all the saids thrie Kirks vaccand and decernes and ordaines the said Mr Alexander Pittcairne to flitt and remove himself his wyfe familie and tennents furth and from the manses and gleibs of the saids thrie kirks and owt of the saids thrie paroches Betuixt and the first day of Augwst next to come And continwes the modifieing of expensses in favors of the persewer against the defender untill another dyet And ordaines Letters of horneing to pass heiron wnder the Signet of Cownsell on Fifftein dayes and others needfull in forme as effeirs

1. NRS, PC2/26, 350r-352r.

1. NRS, PC2/26, 350r-352r.

Sederunt, 8 June 1697, Edinburgh

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Att Edinburgh the Eight day of Jwny Jaj vic nyntie seven yeirs1

D1697/6/12

Sederunt

Lord Chancellor; Earl of Melvill; Duke of Qweensberry; Earl of Argyll; Earl of Southerland; Earl of Marr; Earl of Mortowne; Earl of Lauderdale; Earl of Lothian; Earl of Lowdowne; Earl of Leven; Earl of Forffar; Viscount Tarbatt; Lord Montgomerie; Sir James Ogilvie; Lord Advocat; Lord Philliphawgh; Lord Hallcraig; Lord Fountainhall; Lord Anstruther; Lord Rankeillor; Laird of Pollock; Provesit of Edinburgh; Laird of Kellburne; Sir Patrick Murray

Att Edinburgh the Eight day of Jwny Jaj vic nyntie seven yeirs1

D1697/6/12

Sederunt

Lord Chancellor; Earl of Melvill; Duke of Qweensberry; Earl of Argyll; Earl of Southerland; Earl of Marr; Earl of Mortowne; Earl of Lauderdale; Earl of Lothian; Earl of Lowdowne; Earl of Leven; Earl of Forffar; Viscount Tarbatt; Lord Montgomerie; Sir James Ogilvie; Lord Advocat; Lord Philliphawgh; Lord Hallcraig; Lord Fountainhall; Lord Anstruther; Lord Rankeillor; Laird of Pollock; Provesit of Edinburgh; Laird of Kellburne; Sir Patrick Murray

1. NRS, PC2/26, 350r.

2. NRS, PC2/26, 350r.

1. NRS, PC2/26, 350r.

2. NRS, PC2/26, 350r.

Act, 30 June 1696, Edinburgh

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Att Edinburgh the threttie day of Jwny Jaj vic nyntie Six yeirs

D1696/6/301

Act

Act Anent the invalid money

Anent the petitione given in to the Lords of his majesties privie Counsell be Doctor Adam Freir oversier of the invalids Shewing That wheras his majestie by his Letter to ther Lordships hes bein graceowsely pleased to promise that he will increass the invalids Stock for the incouradgement of those that Shall List themselvs in his Service And ther being considerable Soumes Dwe to the invalids chargeable upon the pole money and which Justly are preferable to the arreirs Dwe to the arme as the petitioner can demonstrat to ther Lordships being that the principall money is actwallie payed to the armie wherof this is the invalid money which is craved And therfore humblie craveing the Saids Lords to referr this mater to a Comittie of ther oun number to be inquyred into by them that if efter examinatione it be found by ther Lordships that these Sowmes are propperlie chargeable upon the polemoney next and imediatlie efter the Countrie is payed That it be recommended to the Lords Comissioners of his majesties thesaurie to grant precepts upon the tacksmen of the polemoney for payment of the Saids Soumes for the wse and behove of the invalids As the said petitione bears Which petitione being red in presence of the Saids Lords of his majesties privie Cownsell they remitted to a comittie of ther own number to consider the petitioner And to report ther opinion therin to the Cownsell And the Comittie haveing accordingly mett they made ther report to be Counsell As the Samen extant in process bears And the Saids Lords of his majesties privie Counsell haveing this day considered this petitione with the Comitties report they heirby recomend to the Comissioners of parliament appointed anent the polemoney imposed in anno Jaj vic nyntie thrie efter they have made payment of what is Dwe by the forces to the Countrie and befor they make payment of what is Dwe to any of these officers of the Armie who have receaved full pay for themselvs and regiments from the revolwtione to December Jaj vic eightie nyn of what arreirs may fall due to them out of the said pole money to Detain2 each officers proportione for himself and these for whom he Shall receave payment out of the Said polemoney of the Soume of four hundereth punds Sterleing of invalid money resting be his majesties forces for the full pay which they receave from Jwne Jaj vic eightie nyn to December Jaj vic and nyntie And Sicklyke to detaine from each officer for himself and these for whom he Shall receave payment the proportion of invalid money for so much of the pay as they Shall receave from the moneth of Janwarie Jaj vic and nyntie to the first of Febrwary Jaj vic nyntie one And recomends to the saids Comissioners of parliament to cause make payment of the invalid money so to be detained by them to Doctor Adam Friar Intendant of the invalids

Att Edinburgh the threttie day of Jwny Jaj vic nyntie Six yeirs

D1696/6/301

Act

Act Anent the invalid money

Anent the petitione given in to the Lords of his majesties privie Counsell be Doctor Adam Freir oversier of the invalids Shewing That wheras his majestie by his Letter to ther Lordships hes bein graceowsely pleased to promise that he will increass the invalids Stock for the incouradgement of those that Shall List themselvs in his Service And ther being considerable Soumes Dwe to the invalids chargeable upon the pole money and which Justly are preferable to the arreirs Dwe to the arme as the petitioner can demonstrat to ther Lordships being that the principall money is actwallie payed to the armie wherof this is the invalid money which is craved And therfore humblie craveing the Saids Lords to referr this mater to a Comittie of ther oun number to be inquyred into by them that if efter examinatione it be found by ther Lordships that these Sowmes are propperlie chargeable upon the polemoney next and imediatlie efter the Countrie is payed That it be recommended to the Lords Comissioners of his majesties thesaurie to grant precepts upon the tacksmen of the polemoney for payment of the Saids Soumes for the wse and behove of the invalids As the said petitione bears Which petitione being red in presence of the Saids Lords of his majesties privie Cownsell they remitted to a comittie of ther own number to consider the petitioner And to report ther opinion therin to the Cownsell And the Comittie haveing accordingly mett they made ther report to be Counsell As the Samen extant in process bears And the Saids Lords of his majesties privie Counsell haveing this day considered this petitione with the Comitties report they heirby recomend to the Comissioners of parliament appointed anent the polemoney imposed in anno Jaj vic nyntie thrie efter they have made payment of what is Dwe by the forces to the Countrie and befor they make payment of what is Dwe to any of these officers of the Armie who have receaved full pay for themselvs and regiments from the revolwtione to December Jaj vic eightie nyn of what arreirs may fall due to them out of the said pole money to Detain2 each officers proportione for himself and these for whom he Shall receave payment out of the Said polemoney of the Soume of four hundereth punds Sterleing of invalid money resting be his majesties forces for the full pay which they receave from Jwne Jaj vic eightie nyn to December Jaj vic and nyntie And Sicklyke to detaine from each officer for himself and these for whom he Shall receave payment the proportion of invalid money for so much of the pay as they Shall receave from the moneth of Janwarie Jaj vic and nyntie to the first of Febrwary Jaj vic nyntie one And recomends to the saids Comissioners of parliament to cause make payment of the invalid money so to be detained by them to Doctor Adam Friar Intendant of the invalids

1. NRS, PC2/26, 220r-221r.

2. An illegible word scored out here.

1. NRS, PC2/26, 220r-221r.

2. An illegible word scored out here.

Warrant, 30 June 1696, Edinburgh

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Att Edinburgh the threttie day of Jwny Jaj vic nyntie Six yeirs

D1696/6/291

Warrant

Warrand to extract Lady Rowiestownes decreit

The Lords of his majesties privie Counsell Doe heirby appoint ther clerks to extract the decreit of aliment pronunced in favors of Margaret Scott Lady Rowiestowne Sated the Eightein day of Jwny instant And that notwithstanding of any objectione made against the extracting therof

Att Edinburgh the threttie day of Jwny Jaj vic nyntie Six yeirs

D1696/6/291

Warrant

Warrand to extract Lady Rowiestownes decreit

The Lords of his majesties privie Counsell Doe heirby appoint ther clerks to extract the decreit of aliment pronunced in favors of Margaret Scott Lady Rowiestowne Sated the Eightein day of Jwny instant And that notwithstanding of any objectione made against the extracting therof

1. NRS, PC2/26, 220r.

1. NRS, PC2/26, 220r.

Decreet, 30 June 1696, Edinburgh

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Att Edinburgh the threttie day of Jwny Jaj vic nyntie Six yeirs

D1696/6/281

Decreet

Interloquitor William Kerr

The Lords of his majesties privie Cownsell haveing considered the report of a comittie of ther own number Anent William Ker prisoner They heirby approve therof And ordaines Captaine Lockhart to insist against the said William Kerr befor The Saids Lords of his majesties privie Cownsell betwixt and the fourtein day of Jwllie next to come or otherwayes they Declaire they will order the said William Kerr to be sett at Libertie when that day Shall come

Att Edinburgh the threttie day of Jwny Jaj vic nyntie Six yeirs

D1696/6/281

Decreet

Interloquitor William Kerr

The Lords of his majesties privie Cownsell haveing considered the report of a comittie of ther own number Anent William Ker prisoner They heirby approve therof And ordaines Captaine Lockhart to insist against the said William Kerr befor The Saids Lords of his majesties privie Cownsell betwixt and the fourtein day of Jwllie next to come or otherwayes they Declaire they will order the said William Kerr to be sett at Libertie when that day Shall come

1. NRS, PC2/26, 219v.

1. NRS, PC2/26, 219v.

Act, 30 June 1696, Edinburgh

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Att Edinburgh the threttie day of Jwny Jaj vic nyntie Six yeirs

D1696/6/271

Act

Act Home of Nynwalls

Anent the petitione given in to the Lords of his majesties privie Cownsell Be Joseph Home of Nynwalls Sir John Home of Blackader and George Home of Kinmorgein his curators Shewing That the deceast John Home of Nynwalls the petitioners father haveing by his Latter will and testament nominat Dam Mary Norbell his Last wife servetrix to Michael and Mary Homes childrein procreat betuixt him and her And She deceaseing soon efter his said father the saids Michael and Mary Homes are destitut of tutors And have no bodie to Looke efter them except the petitioners curators And Seing they are provided to Twentie Thowsand merks betuixt them And the petitioner hes hitherto alimented them and is satisfied to continue to aliment them Still upon a reasoneable allowance And therfor humbly craveing the saids Lords to appoint Swch and allowance to the petitioners for alimenting his brother and sister As ther Lordships thinks fitt and reasoneable As the said petitione at more lenth bears Which petitione being upon the twentie fifth day of Jwny instant read in presence of the saids Lords they appointed a Comittie of ther own number to consider the estate and conditione of the above Michael and Mary Homes and what aliment would be competent to be modified for ther mentainance And the said Committie haveing accordingly mett Returned ther report to the Counsell That they being informed that ther is twentie Thowsand merks money to the childrein of the mariadge Betwixt Nynwalls and Dam Mary Norwell And that Michael and Mary Homes are the only childrein of that mariadge And haveing considered the Laird of Nynwals his conditione It is the Comitties opinion that the annualrent of the Twentie Thowsand merks is to be modified to Nynwalls for mentainance of the saids childrein and a servant to each of them yeirlie And that the childrein are to be alimented by Nynwalls in Bed board cloaths weshing Schools and wther necessars as becomes ther rank and qwalitie And that this aliment is to continwe dureing the childreins pupillaritie And that Nynwalls is to affect and retein the said annualrent Begining the first termes payment of the aliment at Mertimes next for the whittsonday preceeding And so furth yeirlie and termelie The saids Lords of his majesties privie Counsell haveing considered the above report Doe heirby modifie the annualrent of the said Soume of twentie Thowsand merks to the said Joseph Home of Nynwalls for mentainance of the saids Michael and Mary Homes yeirly and a Servant to each of them And appoints the said Laird of Nynwalls to aliment the Saids two childrein in bed board cloaths weshings schools and wther necessars as becomes ther rank and qwality And declairs that this aliment is to continue Dureing the said childrein ther pupillaritie and that the said Laird of Nynwalls is to affect and detaine the foirsaid annualrents Begining the first termes payment of the said aliment at the terme of Mertimes next to come for the whitsonday preceeding And so furth yeirly and termly in tyme comeing the termes of payment of the Samen being allwayes first come and bypast And ordains Letters of horning on fiftein dayes and other executorialls necessar wnder the Signet of Counsell to be direct hereon in forme as effeirs

Att Edinburgh the threttie day of Jwny Jaj vic nyntie Six yeirs

D1696/6/271

Act

Act Home of Nynwalls

Anent the petitione given in to the Lords of his majesties privie Cownsell Be Joseph Home of Nynwalls Sir John Home of Blackader and George Home of Kinmorgein his curators Shewing That the deceast John Home of Nynwalls the petitioners father haveing by his Latter will and testament nominat Dam Mary Norbell his Last wife servetrix to Michael and Mary Homes childrein procreat betuixt him and her And She deceaseing soon efter his said father the saids Michael and Mary Homes are destitut of tutors And have no bodie to Looke efter them except the petitioners curators And Seing they are provided to Twentie Thowsand merks betuixt them And the petitioner hes hitherto alimented them and is satisfied to continue to aliment them Still upon a reasoneable allowance And therfor humbly craveing the saids Lords to appoint Swch and allowance to the petitioners for alimenting his brother and sister As ther Lordships thinks fitt and reasoneable As the said petitione at more lenth bears Which petitione being upon the twentie fifth day of Jwny instant read in presence of the saids Lords they appointed a Comittie of ther own number to consider the estate and conditione of the above Michael and Mary Homes and what aliment would be competent to be modified for ther mentainance And the said Committie haveing accordingly mett Returned ther report to the Counsell That they being informed that ther is twentie Thowsand merks money to the childrein of the mariadge Betwixt Nynwalls and Dam Mary Norwell And that Michael and Mary Homes are the only childrein of that mariadge And haveing considered the Laird of Nynwals his conditione It is the Comitties opinion that the annualrent of the Twentie Thowsand merks is to be modified to Nynwalls for mentainance of the saids childrein and a servant to each of them yeirlie And that the childrein are to be alimented by Nynwalls in Bed board cloaths weshing Schools and wther necessars as becomes ther rank and qwalitie And that this aliment is to continwe dureing the childreins pupillaritie And that Nynwalls is to affect and retein the said annualrent Begining the first termes payment of the aliment at Mertimes next for the whittsonday preceeding And so furth yeirlie and termelie The saids Lords of his majesties privie Counsell haveing considered the above report Doe heirby modifie the annualrent of the said Soume of twentie Thowsand merks to the said Joseph Home of Nynwalls for mentainance of the saids Michael and Mary Homes yeirly and a Servant to each of them And appoints the said Laird of Nynwalls to aliment the Saids two childrein in bed board cloaths weshings schools and wther necessars as becomes ther rank and qwality And declairs that this aliment is to continue Dureing the said childrein ther pupillaritie and that the said Laird of Nynwalls is to affect and detaine the foirsaid annualrents Begining the first termes payment of the said aliment at the terme of Mertimes next to come for the whitsonday preceeding And so furth yeirly and termly in tyme comeing the termes of payment of the Samen being allwayes first come and bypast And ordains Letters of horning on fiftein dayes and other executorialls necessar wnder the Signet of Counsell to be direct hereon in forme as effeirs

1. NRS, PC2/26, 218v-219v.

1. NRS, PC2/26, 218v-219v.

Sederunt, 30 June 1696, Edinburgh

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Att Edinburgh the threttie day of Jwny Jaj vic nyntie Six yeirs1

D1696/6/262

Sederunt

Lord Chancellor; Earl of Melvill; Duke of Qweensberry; Earl of Argwyle; Earl of Sowtherland; Earl of Mortowne; Earl of Lauderdale; Earl of Lothian; Earl of Leven; Earl of Annandale; Lord Yester; Lord John Hamilton; Lord Raith; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Laird of Pollock; Laird of Cessnock; Provest of Edinburgh

Att Edinburgh the threttie day of Jwny Jaj vic nyntie Six yeirs1

D1696/6/262

Sederunt

Lord Chancellor; Earl of Melvill; Duke of Qweensberry; Earl of Argwyle; Earl of Sowtherland; Earl of Mortowne; Earl of Lauderdale; Earl of Lothian; Earl of Leven; Earl of Annandale; Lord Yester; Lord John Hamilton; Lord Raith; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Laird of Pollock; Laird of Cessnock; Provest of Edinburgh

1. NRS, PC2/26, 218v.

2. NRS, PC2/26, 218v.

1. NRS, PC2/26, 218v.

2. NRS, PC2/26, 218v.

Procedure, 25 June 1696, Edinburgh

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Att Edinburgh the twentie fifth day of Jwny Jaj vic nyntie six yeirs

D1696/6/251

Procedure

[Committee anent Aberdeenshire Commissioners of Supply]

The Cownsell adds the Earle of Forfar to the Comittie formerly nominat for examineing the wittnesses in the proces of Reconventione at the instance of the Commissioners of Supply within the Shyre of Aberdeen Against Robert Martine of Brwntbrae And recomends to the said Committie to meet the morrow at ten in the forenoon And to proceed to the examinatione of the wittnesses And also all the havers of wrytes cited upon the said Robert Martine of Burntbrae his dilligence

Att Edinburgh the twentie fifth day of Jwny Jaj vic nyntie six yeirs

D1696/6/251

Procedure

[Committee anent Aberdeenshire Commissioners of Supply]

The Cownsell adds the Earle of Forfar to the Comittie formerly nominat for examineing the wittnesses in the proces of Reconventione at the instance of the Commissioners of Supply within the Shyre of Aberdeen Against Robert Martine of Brwntbrae And recomends to the said Committie to meet the morrow at ten in the forenoon And to proceed to the examinatione of the wittnesses And also all the havers of wrytes cited upon the said Robert Martine of Burntbrae his dilligence

1. NRS, PC2/26, 218r.

1. NRS, PC2/26, 218r.

Procedure, 25 June 1696, Edinburgh

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Att Edinburgh the twentie fifth day of Jwny Jaj vic nyntie six yeirs

D1696/6/241

Procedure

[Kinnimouth to be apprehended]

The advocat haveing acqwainted the Counsell That Kininmowth being by ther Lordships ordered to be apprehended And that the Shirreff Deput of Fiffe Retwrnes ansuer that he hes absconded himself And therfor The Advocat craves proclamatione to be emitted for apprehending him The Cownsell Leaves to his Majesties Advocat to raise Lybell against Kininmowth and if he compeare not they will order him to be denunced.

Att Edinburgh the twentie fifth day of Jwny Jaj vic nyntie six yeirs

D1696/6/241

Procedure

[Kinnimouth to be apprehended]

The advocat haveing acqwainted the Counsell That Kininmowth being by ther Lordships ordered to be apprehended And that the Shirreff Deput of Fiffe Retwrnes ansuer that he hes absconded himself And therfor The Advocat craves proclamatione to be emitted for apprehending him The Cownsell Leaves to his Majesties Advocat to raise Lybell against Kininmowth and if he compeare not they will order him to be denunced.

1. NRS, PC2/26, 218r.

1. NRS, PC2/26, 218r.