Tag Archives: June

Act, 28 June 1694, Edinburgh

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Edinburgh the twentie Eight day of Juny Jaj vjc nyntie four years

D1694/6/151

Act

Act In Favors of the shire of Edinburgh

Anent a Petitione given in to the Lords of ther majesties privy Councill be the Commissioners of Supply and Justices of peace in the shire of Edinburgh Shewing That wher the petitioners have made in ther care to see to the reparation and upholding of the bridges and Cassyes within the shire Conforme to the trust Committed to them But the repair about the City of Edinburgh being So great the high wayes and bridges needs frequent repairatione and requyres more Expences then can be affoorded, and unles the saids Lords hade allowed a small pettie custome of six penies on ilk loaded Cart and two penies on ilk Loaded horss passing throw the high wayes Which the petitioners have Imployed upon repairatione therof. The highwayes hade been altogither unpassible, notwithstanding that ther was severall soumes laid on of Consent with the Cess of the shyre for the helping of the high wayes and bridges, and the forsaid Custome being to expyre in Jully nixt, The petitioners after a full meeting did think it ther dutie to make ther address to the saids Lords to continue the said small Custome of six penies and two penies respective on loads and Carts passing the highwayes To the end the samen with the bridges may be repaired and keeped in good caice by the litle thing that it produces, Which is but small and insignificant Espeally seing that ther is no other way but the said Custome and the vaccant stipends have being denyed by the saids Lords albeit the petitioners have applyed for that effect upon the act of parliament anno Jaj vjc Eightie five And Therfore humbly Craveing the saids Lords to Continue the forsaid pettie Custome and grant ane act therfore in the petitioners favors for the space of seven years or so many years as the saids Lords thinks fitt and which shall be Carefully manadged and Imployed by the petitioners for the end forsaid as the said petitione at more length bears Which petition being read in presence of the saids Lords upon the twentie one day of June instant They allowed the magistrats of Edinburgh and others concerned to see and answer the same, and in the mean time Recomended to a Comittie of their oun number To Call for and meet with the petitioners and the magistrats of Edinburgh and to take tryall what part of the high wayes about Edinburgh doe belong to the shire and what to the toune, and to redd marches betwixt the shire and toune as to the bounds to be repaired by each partie Conforme wherto the Committie haveing accordingly mett and haveing Called for the heritors and the toune They Returned their report in the termes Following viz That the Committie haveing heard the Commissioners of supply and the magistrats of Edinburgh anent the marches of the high wayes to be repaired be either partie They of Consent of both parties Finds that as to the wayes beyond the west port, The shire is to repair what is be west the Bryriebank Which is the way leading for wrights houses to the way leading to the Colt bridge which Is the only way in difference betwixt the parties all the otherwayes being all ready adjusted betwixt them And that all the wayes leading to the toune of Edinburgh Is to be repaired by the product of the pettie Custome of these wayes in the first place, And the supperplus of these Customes if any be Is to be Imployed for repairing the rest of the highwayes and bridges within the shire And It is Farder the oppinion of the Committie That the Custome petitioned for be Continued for seven year or such other space as the Lords of privy Councill shall think fitt, Comenceing from the first of Jully nixt, and in testimony of the Consent both of the shire and toune of Edinburgh The Lord Hatton as Impowered by the shire and baillie William Mainzies as Impowered by the toune have with the Comittie subscryved this report as the said Report subscryved by the Committie and alse by the Lord Hattoune and Baillie Meinzies at more length bears And the saids Lords haveing this day Considered the forsaid petition with the above report They heirby approve therof and appoynted the same to be ingrossed heirin And the saids Lords Continues the said Imposition of six pennies on ilk Loaded Cart, and two penies on ilk Loaded horss passing throw the above high wayes for the space of thrie years yet to runn Commenceing frae the first day of Jully nixt to be Imployed for the repaireing the said high wayes And Recomends to such of the Commissioners of supply within the shire of Edinburgh as are members of the privy Councill with the Earles of Linlithgow and Annandale added to them To Consider how the above Impositione has been Imployed as to bygones and to see the same Imployed as above appointed in time comeing.

Edinburgh the twentie Eight day of Juny Jaj vjc nyntie four years

D1694/6/151

Act

Act In Favors of the shire of Edinburgh

Anent a Petitione given in to the Lords of ther majesties privy Councill be the Commissioners of Supply and Justices of peace in the shire of Edinburgh Shewing That wher the petitioners have made in ther care to see to the reparation and upholding of the bridges and Cassyes within the shire Conforme to the trust Committed to them But the repair about the City of Edinburgh being So great the high wayes and bridges needs frequent repairatione and requyres more Expences then can be affoorded, and unles the saids Lords hade allowed a small pettie custome of six penies on ilk loaded Cart and two penies on ilk Loaded horss passing throw the high wayes Which the petitioners have Imployed upon repairatione therof. The highwayes hade been altogither unpassible, notwithstanding that ther was severall soumes laid on of Consent with the Cess of the shyre for the helping of the high wayes and bridges, and the forsaid Custome being to expyre in Jully nixt, The petitioners after a full meeting did think it ther dutie to make ther address to the saids Lords to continue the said small Custome of six penies and two penies respective on loads and Carts passing the highwayes To the end the samen with the bridges may be repaired and keeped in good caice by the litle thing that it produces, Which is but small and insignificant Espeally seing that ther is no other way but the said Custome and the vaccant stipends have being denyed by the saids Lords albeit the petitioners have applyed for that effect upon the act of parliament anno Jaj vjc Eightie five And Therfore humbly Craveing the saids Lords to Continue the forsaid pettie Custome and grant ane act therfore in the petitioners favors for the space of seven years or so many years as the saids Lords thinks fitt and which shall be Carefully manadged and Imployed by the petitioners for the end forsaid as the said petitione at more length bears Which petition being read in presence of the saids Lords upon the twentie one day of June instant They allowed the magistrats of Edinburgh and others concerned to see and answer the same, and in the mean time Recomended to a Comittie of their oun number To Call for and meet with the petitioners and the magistrats of Edinburgh and to take tryall what part of the high wayes about Edinburgh doe belong to the shire and what to the toune, and to redd marches betwixt the shire and toune as to the bounds to be repaired by each partie Conforme wherto the Committie haveing accordingly mett and haveing Called for the heritors and the toune They Returned their report in the termes Following viz That the Committie haveing heard the Commissioners of supply and the magistrats of Edinburgh anent the marches of the high wayes to be repaired be either partie They of Consent of both parties Finds that as to the wayes beyond the west port, The shire is to repair what is be west the Bryriebank Which is the way leading for wrights houses to the way leading to the Colt bridge which Is the only way in difference betwixt the parties all the otherwayes being all ready adjusted betwixt them And that all the wayes leading to the toune of Edinburgh Is to be repaired by the product of the pettie Custome of these wayes in the first place, And the supperplus of these Customes if any be Is to be Imployed for repairing the rest of the highwayes and bridges within the shire And It is Farder the oppinion of the Committie That the Custome petitioned for be Continued for seven year or such other space as the Lords of privy Councill shall think fitt, Comenceing from the first of Jully nixt, and in testimony of the Consent both of the shire and toune of Edinburgh The Lord Hatton as Impowered by the shire and baillie William Mainzies as Impowered by the toune have with the Comittie subscryved this report as the said Report subscryved by the Committie and alse by the Lord Hattoune and Baillie Meinzies at more length bears And the saids Lords haveing this day Considered the forsaid petition with the above report They heirby approve therof and appoynted the same to be ingrossed heirin And the saids Lords Continues the said Imposition of six pennies on ilk Loaded Cart, and two penies on ilk Loaded horss passing throw the above high wayes for the space of thrie years yet to runn Commenceing frae the first day of Jully nixt to be Imployed for the repaireing the said high wayes And Recomends to such of the Commissioners of supply within the shire of Edinburgh as are members of the privy Councill with the Earles of Linlithgow and Annandale added to them To Consider how the above Impositione has been Imployed as to bygones and to see the same Imployed as above appointed in time comeing.

1. NRS, PC2/25, 12v-13v.

1. NRS, PC2/25, 12v-13v.

Sederunt, 28 June 1694, Edinburgh

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Edinburgh the twentie Eight day of Juny Jaj vjc nyntie four years1

D1694/6/142

Sederunt

Lord Chancelor; Earl of Melvill P:S; Earl of Drumlanrig; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Lothian; Earl of Leven; Earl of Anandale; Earl of Selkirk; Earl of Forfar; Earl of Broadalbine; Viscount Tarbat; Viscount Stair; Lord Yester; Lord Raith Th: d; Lord Beilhaven; Lord Polwarth; Lord Advocat; Lord Justice Clerk; Lord Hattone; Lord Fountonhall; Lord Enstruther; Laird of Blackbarony; Laird of Stivenson; Laird of Pollock; Sir Thomas Livingston; Sir John Hall

Edinburgh the twentie Eight day of Juny Jaj vjc nyntie four years1

D1694/6/142

Sederunt

Lord Chancelor; Earl of Melvill P:S; Earl of Drumlanrig; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Lothian; Earl of Leven; Earl of Anandale; Earl of Selkirk; Earl of Forfar; Earl of Broadalbine; Viscount Tarbat; Viscount Stair; Lord Yester; Lord Raith Th: d; Lord Beilhaven; Lord Polwarth; Lord Advocat; Lord Justice Clerk; Lord Hattone; Lord Fountonhall; Lord Enstruther; Laird of Blackbarony; Laird of Stivenson; Laird of Pollock; Sir Thomas Livingston; Sir John Hall

1. NRS, PC2/25, 12r.

2. NRS, PC2/25, 12r.

1. NRS, PC2/25, 12r.

2. NRS, PC2/25, 12r.

Decreet, 26 June 1694, Edinburgh

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Edinburgh the twentie sixth day of June Jaj vjc nyntie four years

D1694/6/131

Decreet

Decreet absolvitor Maxuell of Carss Against Marion Kennan

In the Lybell or Complaint raised and pursued before the Lords of their majesties privy Councill at the instance of Marion Kennan relict of […] Sturgeon in Traquair Mentioning That quher by the Lawes of this and all other weell governed nationes The sumer and violent spulziatione and intromitting with the leidges goods without order of Law and the Contempt of the authoritie of the supream ordinary Judicatory of the natione By useing poynding after a past bill of suspensione and a particular deliverance of the Lords in perpetua sisting executione duely intimate to the obtained of the decreet and to the messenger and appryssers at least at the time of the poynding whill the goods yet remained at the Cross are all acts of manifast oppressione and violence and high ryots severly punishable Especially when perpetrat by such as have been Justly punished for the like acts of oppression In relatione to the same subject Nevertheless It is of verity That Robert Sturgeon being tackman of the lands of Cruicks for payment of ane agreed rent to the pursuer being subtennent to him in a house and a small parcell of Ground of ane inconsiderable value wherof she payed the tack dutie aggreed to her sone the tennant John Maxuell of Carse the defender did most violently and Illegally eject and thrust out the said Robert Sturgeon and the pursuer For which he was formerly fyned and found guilty of ane ryot notwithstanding the said defender still persisting in his malice and in his unwarrantable oppressive and violent practises haveing obtained a most groundles and unjust decreet in absence before the Stewart of Kirkcudburgh against the pursuer for two years rent of the lands of Cruikes quherof the pursuer was only subtenant in a very small part for one year and being Decerned likewayes for exorbitant duties 2upon so litle materiall Justice that the said defender did never insist against the pursuer for payment nor did the pursuer so much as take notice of or suspended by her sone and by his negligence a decreet of suspension being obtained ther was a new suspensione presented both by the pursuer and her sone, The suspension was past upon Consignatione But the pursuer haveing represented to the Lords that she was only Decerned by ane inferior Judge in absence and therfore desyreing that her suspensione might be past in Comon forme Wherupon the Lords by deliverance the sixtein February Jaj vjc nyntie four Remitted to the ordinary to hear both parties and particularly if the decreet against the pursuers was in fore or only before ane inferior Judge with power to the ordinary to doe therin as he Fand Just and incase of difficultie to report and in in the mean time cisted executione Which Deliverance was not only duely intimat in the Outterhouse in Comon forme but likewayes ane Just double of the bill and deliverance was given by way of instrument to the defender upon the twentie thrid of the said moneth of February notwithstanding the said defender delivered a horning against the pursuer to John Johnstone messenger who without regaird to the said sist or the Lawes and practique of this kingdome, came Early in the morning and Under Cloud of night at least before the sunn riseing upon the nynth of march last to the pursuers dwalling house which is a myll or therby distant from the toune of Dumfrees and ther haveing frighted the pursuer from her oun house in the night fearing the unwarrantable execution of a Caption the said messenger and his accomplices viz John Herries of Braceoch (Called Docter Herres) David Maxwell tennent to the Lady Maybe, William Gordone sone to James Gordone elder merchant in Dumfrees and Alexander Weir Commisar officer ther did Carry away seven milk byne and their followers and two stets and a quey which they caried away in such hast that they did not in the usuall forme appretiat the same upon the ground and haveing Carried them away before sun ryssing to the marcat Cross of Dumfrees wher the pursuers procurator did Compeir Having in his hands the forsaid past bill of suspensione with the bill in presentia and deliverance on the same, which were both intimat to the messenger and his associats at the Cross before the act of poynding was Compleated or the goods Carried from the Cross notwithstanding the messenger and his saids associats and especially the appryssers viz William Gillisone merchand in Dumfrees and Edward Irvine ther both sworne appryssers in the said toune of Dumfrees Did not desist but signed the appretiation and delivered the poynded goods to the defender John Maxwell of Carse after the said instrument In like maner the said Edward Irvine who did not come to the Cross when the goods were ther, Did take upon him to signe ane appretiation of the goods which ought to be publictly and solemnly appryssed at the Cross wher the said defender John Maxwell of Carss was not at all present albeit he signed the same after the pursuers instrument, And Farder the pursuer haveing afterwards applyed to the defender carss againe presenting the forsaid past bill and deliverance in presentia And Requyreing restitutione of the poynded goods before they were disposed off, Which he altogither refused, and still violently detaines the same, off all which acts and deeds of Ryot and oppression, The haill defenders are guilty or airt and part therof and Therfore Ought and should be punished in their persones and goods to the terror of others to Comitt the like in time comeing But prejudice allwayes to the said pursuer to insist before the Judge ordinary for restitutione violent profitts and Damnadges as accords And Anent The Charge given to the saids defenders To have Compeired before the saids Lords at ane Certaine day now bygone To have answered to the points of the abovewritten Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should think fit as the said principall Lybell and executiones therof raised in the said matter at more length bear Which lybell or letters being Called in presence of the saids Lords upon the twelth day of June instant and the pursuer Compeiring personally with the said Sir James Stewart and Mr Hew Dalrymple her advocats and the defenders (Except William Gordon and Edward Irvine) Compeiring also personally with Sir James Ogilvie and Mr Alexander Fergusone their advocats, and the saids William Gordone and Edward Irvine being lawfullie sumoned oft times called and not Compeiring The lybell and answers therto for the said Maxwell of Carss, And also the answers for the said John Johnstone and William Gillisone being read and both parties advocats being fully heard, The saids Lords of their majesties privy Councill Finds these points of the Lybell relevant viz that the poynding was used before sumryssing, and that the principall bill and sist was intimat to the partie himself or to the messenger at the Cross before poynding, And the witnesses Cited being present, and haveing made faith at the barr, The saids Lords nominats and appoints the Lords Ross and Beilhaven and the Laird of Blackbarrony to be a Comittie for examineing of the witnesses and Reserves all objectiones that may be made against the witnesses to be proponed and discussed before the Committie and Declares any two of the Comittie to be a suficient quourum and Recomended to the said Comittie to meett tomorrow at ten houres in the forenoon And allowes letters of dilligence to be direct at the instance of the said John Maxwell of Carss for Citeing the witnesses both in the executiones of poynding and instrument of intimatione of the 3 sist and for citeing the nottar to appear before the Councill upon the twentie first day of June instant to depone and be examined upon the points forsaid admitted to probatione Conforme wherto the pursuer and also the said Maxwell of Kerse upon the dilligence allowed to him Which he extracted and Caused execute having led and adduced severall famous witnesses who being all solemnly sworne and Interogate in presence of the said Committie Deponed and Declaired as their oathes and dispositiones extant in proces bears, and the saids Lords haveing this day Considered the forsaid Lybell or Complaint with the depositiones of the witnesses adduced for the pursuer for proveing the lybell, and alse the depositiones of the witnesses adduced be the said Maxwell of Carse togither with four severall instruments of intimatione produced for the pursuer of the sist lybelled They Find the lybell not proven And Therfore the saids Lords of ther majesties privy Councill Have assoylzued and heirby assoylzies the haill forenamed persones from the haill points and articles of the said Lybell And Declairs them quyte therof and free therfrae in all time comeing.

Edinburgh the twentie sixth day of June Jaj vjc nyntie four years

D1694/6/131

Decreet

Decreet absolvitor Maxuell of Carss Against Marion Kennan

In the Lybell or Complaint raised and pursued before the Lords of their majesties privy Councill at the instance of Marion Kennan relict of […] Sturgeon in Traquair Mentioning That quher by the Lawes of this and all other weell governed nationes The sumer and violent spulziatione and intromitting with the leidges goods without order of Law and the Contempt of the authoritie of the supream ordinary Judicatory of the natione By useing poynding after a past bill of suspensione and a particular deliverance of the Lords in perpetua sisting executione duely intimate to the obtained of the decreet and to the messenger and appryssers at least at the time of the poynding whill the goods yet remained at the Cross are all acts of manifast oppressione and violence and high ryots severly punishable Especially when perpetrat by such as have been Justly punished for the like acts of oppression In relatione to the same subject Nevertheless It is of verity That Robert Sturgeon being tackman of the lands of Cruicks for payment of ane agreed rent to the pursuer being subtennent to him in a house and a small parcell of Ground of ane inconsiderable value wherof she payed the tack dutie aggreed to her sone the tennant John Maxuell of Carse the defender did most violently and Illegally eject and thrust out the said Robert Sturgeon and the pursuer For which he was formerly fyned and found guilty of ane ryot notwithstanding the said defender still persisting in his malice and in his unwarrantable oppressive and violent practises haveing obtained a most groundles and unjust decreet in absence before the Stewart of Kirkcudburgh against the pursuer for two years rent of the lands of Cruikes quherof the pursuer was only subtenant in a very small part for one year and being Decerned likewayes for exorbitant duties 2upon so litle materiall Justice that the said defender did never insist against the pursuer for payment nor did the pursuer so much as take notice of or suspended by her sone and by his negligence a decreet of suspension being obtained ther was a new suspensione presented both by the pursuer and her sone, The suspension was past upon Consignatione But the pursuer haveing represented to the Lords that she was only Decerned by ane inferior Judge in absence and therfore desyreing that her suspensione might be past in Comon forme Wherupon the Lords by deliverance the sixtein February Jaj vjc nyntie four Remitted to the ordinary to hear both parties and particularly if the decreet against the pursuers was in fore or only before ane inferior Judge with power to the ordinary to doe therin as he Fand Just and incase of difficultie to report and in in the mean time cisted executione Which Deliverance was not only duely intimat in the Outterhouse in Comon forme but likewayes ane Just double of the bill and deliverance was given by way of instrument to the defender upon the twentie thrid of the said moneth of February notwithstanding the said defender delivered a horning against the pursuer to John Johnstone messenger who without regaird to the said sist or the Lawes and practique of this kingdome, came Early in the morning and Under Cloud of night at least before the sunn riseing upon the nynth of march last to the pursuers dwalling house which is a myll or therby distant from the toune of Dumfrees and ther haveing frighted the pursuer from her oun house in the night fearing the unwarrantable execution of a Caption the said messenger and his accomplices viz John Herries of Braceoch (Called Docter Herres) David Maxwell tennent to the Lady Maybe, William Gordone sone to James Gordone elder merchant in Dumfrees and Alexander Weir Commisar officer ther did Carry away seven milk byne and their followers and two stets and a quey which they caried away in such hast that they did not in the usuall forme appretiat the same upon the ground and haveing Carried them away before sun ryssing to the marcat Cross of Dumfrees wher the pursuers procurator did Compeir Having in his hands the forsaid past bill of suspensione with the bill in presentia and deliverance on the same, which were both intimat to the messenger and his associats at the Cross before the act of poynding was Compleated or the goods Carried from the Cross notwithstanding the messenger and his saids associats and especially the appryssers viz William Gillisone merchand in Dumfrees and Edward Irvine ther both sworne appryssers in the said toune of Dumfrees Did not desist but signed the appretiation and delivered the poynded goods to the defender John Maxwell of Carse after the said instrument In like maner the said Edward Irvine who did not come to the Cross when the goods were ther, Did take upon him to signe ane appretiation of the goods which ought to be publictly and solemnly appryssed at the Cross wher the said defender John Maxwell of Carss was not at all present albeit he signed the same after the pursuers instrument, And Farder the pursuer haveing afterwards applyed to the defender carss againe presenting the forsaid past bill and deliverance in presentia And Requyreing restitutione of the poynded goods before they were disposed off, Which he altogither refused, and still violently detaines the same, off all which acts and deeds of Ryot and oppression, The haill defenders are guilty or airt and part therof and Therfore Ought and should be punished in their persones and goods to the terror of others to Comitt the like in time comeing But prejudice allwayes to the said pursuer to insist before the Judge ordinary for restitutione violent profitts and Damnadges as accords And Anent The Charge given to the saids defenders To have Compeired before the saids Lords at ane Certaine day now bygone To have answered to the points of the abovewritten Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should think fit as the said principall Lybell and executiones therof raised in the said matter at more length bear Which lybell or letters being Called in presence of the saids Lords upon the twelth day of June instant and the pursuer Compeiring personally with the said Sir James Stewart and Mr Hew Dalrymple her advocats and the defenders (Except William Gordon and Edward Irvine) Compeiring also personally with Sir James Ogilvie and Mr Alexander Fergusone their advocats, and the saids William Gordone and Edward Irvine being lawfullie sumoned oft times called and not Compeiring The lybell and answers therto for the said Maxwell of Carss, And also the answers for the said John Johnstone and William Gillisone being read and both parties advocats being fully heard, The saids Lords of their majesties privy Councill Finds these points of the Lybell relevant viz that the poynding was used before sumryssing, and that the principall bill and sist was intimat to the partie himself or to the messenger at the Cross before poynding, And the witnesses Cited being present, and haveing made faith at the barr, The saids Lords nominats and appoints the Lords Ross and Beilhaven and the Laird of Blackbarrony to be a Comittie for examineing of the witnesses and Reserves all objectiones that may be made against the witnesses to be proponed and discussed before the Committie and Declares any two of the Comittie to be a suficient quourum and Recomended to the said Comittie to meett tomorrow at ten houres in the forenoon And allowes letters of dilligence to be direct at the instance of the said John Maxwell of Carss for Citeing the witnesses both in the executiones of poynding and instrument of intimatione of the 3 sist and for citeing the nottar to appear before the Councill upon the twentie first day of June instant to depone and be examined upon the points forsaid admitted to probatione Conforme wherto the pursuer and also the said Maxwell of Kerse upon the dilligence allowed to him Which he extracted and Caused execute having led and adduced severall famous witnesses who being all solemnly sworne and Interogate in presence of the said Committie Deponed and Declaired as their oathes and dispositiones extant in proces bears, and the saids Lords haveing this day Considered the forsaid Lybell or Complaint with the depositiones of the witnesses adduced for the pursuer for proveing the lybell, and alse the depositiones of the witnesses adduced be the said Maxwell of Carse togither with four severall instruments of intimatione produced for the pursuer of the sist lybelled They Find the lybell not proven And Therfore the saids Lords of ther majesties privy Councill Have assoylzued and heirby assoylzies the haill forenamed persones from the haill points and articles of the said Lybell And Declairs them quyte therof and free therfrae in all time comeing.

1. NRS, PC2/25, 9v-12r.

2. The letters ‘fo’ scored out here.

3. The letters ‘Cert’ scored out here.

1. NRS, PC2/25, 9v-12r.

2. The letters ‘fo’ scored out here.

3. The letters ‘Cert’ scored out here.

Sederunt, 26 June 1694, Edinburgh

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Edinburgh the twentie sixth day of June Jaj vjc nyntie four years1

D1694/6/122

Sederunt

Lord Chancelor; Earl of Melvill p: S; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Lothian; Earl of Leven; Earl of Annandale; Earl of Selkirk; Earl of Forfar; Earl of Broadalbine; Viscount Tarbat; Viscount Stair; Lord Yester; Lord Raith T:D; Lord Beilhaven; Lord Polwarth; Lord Advocat; Lord Justice Clerk; Lord Hattone; Lord Fountonhall; Laird of Blackbarony; Laird of Stivenson; Laird of Pollock; Sir Thomas Livingston; Sir John Hall

Edinburgh the twentie sixth day of June Jaj vjc nyntie four years1

D1694/6/122

Sederunt

Lord Chancelor; Earl of Melvill p: S; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Lothian; Earl of Leven; Earl of Annandale; Earl of Selkirk; Earl of Forfar; Earl of Broadalbine; Viscount Tarbat; Viscount Stair; Lord Yester; Lord Raith T:D; Lord Beilhaven; Lord Polwarth; Lord Advocat; Lord Justice Clerk; Lord Hattone; Lord Fountonhall; Laird of Blackbarony; Laird of Stivenson; Laird of Pollock; Sir Thomas Livingston; Sir John Hall

1. NRS, PC2/25, 9v.

2. NRS, PC2/25, 9v.

1. NRS, PC2/25, 9v.

2. NRS, PC2/25, 9v.

Act, 21 June 1694, Edinburgh

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Edinburgh the Twentie one day of June Jaj vjc nyntie four years

D1694/6/111

Act

Act Anent the skiners of Edinburgh and Whitfeild Hayter

The Lords of ther Majesties privy Councill haveing Considered a petition given in to them be the magistrats of Edinburgh and incorporatione of the skiners and other incorporationes of the burgh Craveing that the act of Councill In favors of Whitfeild Hayter for a manufactorie of dressing and Collouring Leather and makeing glew might be Rescinded with the answers made therto for the said Whitfeild Hayter and his factor They hereby Refuse the desyre of the said petitione and adveres to ther former interloquitor of Councill pronunced upon a former petitione given in be Whitfield Hayter Upon the second of may last with this additione That Hayter and his partners shall sett up in no burgh Royall within this kingdome unles upon the express invitatione and with the Consent of the burgh, and that they shall be scots men both to be partners and also to be apprentisses and Communicat the instence of ther trade to ther saids prentices.

Edinburgh the Twentie one day of June Jaj vjc nyntie four years

D1694/6/111

Act

Act Anent the skiners of Edinburgh and Whitfeild Hayter

The Lords of ther Majesties privy Councill haveing Considered a petition given in to them be the magistrats of Edinburgh and incorporatione of the skiners and other incorporationes of the burgh Craveing that the act of Councill In favors of Whitfeild Hayter for a manufactorie of dressing and Collouring Leather and makeing glew might be Rescinded with the answers made therto for the said Whitfeild Hayter and his factor They hereby Refuse the desyre of the said petitione and adveres to ther former interloquitor of Councill pronunced upon a former petitione given in be Whitfield Hayter Upon the second of may last with this additione That Hayter and his partners shall sett up in no burgh Royall within this kingdome unles upon the express invitatione and with the Consent of the burgh, and that they shall be scots men both to be partners and also to be apprentisses and Communicat the instence of ther trade to ther saids prentices.

1. NRS, PC2/25, 9r.

1. NRS, PC2/25, 9r.

Order, 21 June 1694, Edinburgh

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Edinburgh the Twentie one day of June Jaj vjc nyntie four years

D1694/6/101

Order

Recomendatione to the Lord Murray anent a souldier

The Lords of their majesties privy Councill Doe heirby Recommend to and authorize The Lord Murray to vein the persone of John Dougall put out by the Lord Ruthven as a souldier in the present Levie and rejected with power to the said Lord Murray to ordaine the said John Dougall yet to be received as a souldier or to reject him as the said Lord Murray shall see Just and find Cause.

Edinburgh the Twentie one day of June Jaj vjc nyntie four years

D1694/6/101

Order

Recomendatione to the Lord Murray anent a souldier

The Lords of their majesties privy Councill Doe heirby Recommend to and authorize The Lord Murray to vein the persone of John Dougall put out by the Lord Ruthven as a souldier in the present Levie and rejected with power to the said Lord Murray to ordaine the said John Dougall yet to be received as a souldier or to reject him as the said Lord Murray shall see Just and find Cause.

1. NRS, PC2/25, 9r.

1. NRS, PC2/25, 9r.

Act, 21 June 1694, Edinburgh

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Edinburgh the Twentie one day of June Jaj vjc nyntie four years

D1694/6/91

Act

Act Geddes of Kirkurd for a vaccand stipend.

Anent a Petition given in to the Lords of ther Majesties privy Councill be James Geddes of Kirkurd Shewing That quher the kirk of Kirkurd being vaccant and the vaccant stipend due to the minister being appointed by the acts of parliament to be Imployed for pious uses within the parish wher the samen vaiks Wherupon the toune Councill of Edinburgh undoubted patrons of the said Kirk and paroch be ther act of the date the fifteinth day of June this instant year Jaj vjc nyntie four Did allow and Grant warrand to the petitioner to uplift this years stipend from the persones Lybable in payment of the samen To be applyed for the pious usses within the said paroch And that necessarie it is that the petitioner have letters from the saids Lords against these lyable in payment of the samen And Therfore Humbly Suplicating the saids Lords to the effect aftermentioned The Lords of their Majesties privy Councill haveing Considered this petitione given in to them be the above James Geddes with the act of the toune Councill of Edinburgh mentioned therin and produced therwith They heirby allow the petitioner the stipend of the above kirk of Kirkurd for this present year Jaj vjc nyntie four and nominats and appoints the said James Geddes to be factor for uplifting the said years stipend and Imploying the same for repairing the rooff of the said kirk and puting a sclait rooff theron, and repairing the manse and kirk yeard dykes and other piouse usses abovementioned And Ordaines him to be readily answered obeyed and payed therof be the heritors fewers wodsetters Lyfrenters titulars tackmen of teynds tennents and others Lyable in payment of the same And Ordaines letters of horning under the signet of Councill to be direct at the instance of the said factor against these lyable in payment of the said years stipend upon productione of decreet of Localitie and incaice ther be no decreet of Localitie Ordaines these lyable to make payment of their respective proportiones of the same according as they shall be Decerned by the Judge ordinary In Respect the petitioner before extracting heirof has given bond and found suficient Cautione acted in the books of privy Councill that he shall Imploy the said years stipend upon the ends and uses forsaids.

Edinburgh the Twentie one day of June Jaj vjc nyntie four years

D1694/6/91

Act

Act Geddes of Kirkurd for a vaccand stipend.

Anent a Petition given in to the Lords of ther Majesties privy Councill be James Geddes of Kirkurd Shewing That quher the kirk of Kirkurd being vaccant and the vaccant stipend due to the minister being appointed by the acts of parliament to be Imployed for pious uses within the parish wher the samen vaiks Wherupon the toune Councill of Edinburgh undoubted patrons of the said Kirk and paroch be ther act of the date the fifteinth day of June this instant year Jaj vjc nyntie four Did allow and Grant warrand to the petitioner to uplift this years stipend from the persones Lybable in payment of the samen To be applyed for the pious usses within the said paroch And that necessarie it is that the petitioner have letters from the saids Lords against these lyable in payment of the samen And Therfore Humbly Suplicating the saids Lords to the effect aftermentioned The Lords of their Majesties privy Councill haveing Considered this petitione given in to them be the above James Geddes with the act of the toune Councill of Edinburgh mentioned therin and produced therwith They heirby allow the petitioner the stipend of the above kirk of Kirkurd for this present year Jaj vjc nyntie four and nominats and appoints the said James Geddes to be factor for uplifting the said years stipend and Imploying the same for repairing the rooff of the said kirk and puting a sclait rooff theron, and repairing the manse and kirk yeard dykes and other piouse usses abovementioned And Ordaines him to be readily answered obeyed and payed therof be the heritors fewers wodsetters Lyfrenters titulars tackmen of teynds tennents and others Lyable in payment of the same And Ordaines letters of horning under the signet of Councill to be direct at the instance of the said factor against these lyable in payment of the said years stipend upon productione of decreet of Localitie and incaice ther be no decreet of Localitie Ordaines these lyable to make payment of their respective proportiones of the same according as they shall be Decerned by the Judge ordinary In Respect the petitioner before extracting heirof has given bond and found suficient Cautione acted in the books of privy Councill that he shall Imploy the said years stipend upon the ends and uses forsaids.

1. NRS, PC2/25, 8r-9r.

1. NRS, PC2/25, 8r-9r.

Sederunt, 21 June 1694, Edinburgh

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Edinburgh the Twentie one day of June Jaj vjc nyntie four years1

D1694/6/82

Sederunt

Lord Chancelor; Earl of Melvill p:s; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Strathmore; Earl of Leven; Earl of Annandale; Earl of Selkirk; Earl of Forfarr; Earl of Broadalbine; Lord Murray; Viscount Tarbat; Viscount Stair; Lord Yester; Lord Raith; Lord Ross; Lord Beilhaven; Lord Carmicheall; Lord Polwarth; Lord Advocat; Lord Justice Clerk; Lord Hattone; Lord Fountonhall; Lord Enstruther; Laird of Blackbarony; Laird of Pollock; Sir Thomas Livingstoune; Sir John Hall

Edinburgh the Twentie one day of June Jaj vjc nyntie four years1

D1694/6/82

Sederunt

Lord Chancelor; Earl of Melvill p:s; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Strathmore; Earl of Leven; Earl of Annandale; Earl of Selkirk; Earl of Forfarr; Earl of Broadalbine; Lord Murray; Viscount Tarbat; Viscount Stair; Lord Yester; Lord Raith; Lord Ross; Lord Beilhaven; Lord Carmicheall; Lord Polwarth; Lord Advocat; Lord Justice Clerk; Lord Hattone; Lord Fountonhall; Lord Enstruther; Laird of Blackbarony; Laird of Pollock; Sir Thomas Livingstoune; Sir John Hall

1. NRS, PC2/25, 8r.

2. NRS, PC2/25, 8r.

1. NRS, PC2/25, 8r.

2. NRS, PC2/25, 8r.

Decreet, 19 June 1694, Edinburgh

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Edinburgh the nynteinth day of June Jaj vjc nyntie four years

D1694/6/71

Decreet

Decreet absolvitor Kaitloch against Maitland etc

Anent the lybell or Complaint raised before the Lords of their majesties privy Councill be Mr John Maitland late schoolmaster at Glencairne with Concourse of Sir James Stewert their Majesties advocat for their highnes intrest in the matter underwritten Making mentione That quher albeit by the Comon law of all weell governed nationes and the municiple law of this Kingdome and by severall acts of parliament of this kingdome and Constant custome therof The assaulting and invading of any of their majesties leidges in any hostile and arbitrary maner especially wher the samen is done out of designe and under Cloud of night not only to frustrat their majesties lawes and the executione therof but likewayes to terrifie and threaten the persones so assaulted To Grant to the assaulters what ever they shall demand or desire are crymes of ane high nature, and severly punishable, Yett nevertheless It is of verity that the pursuer having served as publict schoolmaster within the parochin of Glencairne for Threttein years togither without interuptione wherby his extraordinary paines in attending therof, has not only rendered himself incapable to exercise that or any other office ther That he is not only reduced to great poverty but likewayes become almost deaff and ther being a particular sallerie appoynted to be payed him be the respective heretors and others in the said parish and particularly the annualrent of ane mortified summ due be and in the hands of William Fergusone of Caitiloch and his father and the said pursuer haveing intented proces before the Lords of Councill and Sessione against him and Severall other heritors and tennents in the said parish for payment of their respective proportiones of his small sallerie and obtained decreet theron and Caused charge them therfore They Suspended the same against which suspension he obtained protestatione and Caused extract the same, and raised Captione on his former dilligence in order to cause put the same to executione and the said William Fergusone younger of Catiloch getting notice therof and shaking of all fear of God and regaird to their majesties their authoritie and lawes did upon the nynth or tenth dayes of January Jaj vjc nyntie four years instant or ane or other of the saids dayes accompanied with John Wilsone wright in Bridgend and Robert Thomsone servitor to Mary Cuninghame in Over Kirkcudbright and severall other his accomplices came to the house of Robert Maitland smith in Munyaive his brother wher he said the pursuer stayed for the time about Eleven or twelue accloak at night armed with Swords and Charged Pistolls and other offencive armes and ther the said William Fergusone and others his accomplices did in a most treacherous way and maner knock at the door of the said house and desyred to be in pretending that he was under Caption in the hands of William Gibsone messenger at the said pursuers instances and desyreing only to comon with him theranent and the said Robert Maitland therupon opened the door and finding that the messingor was not ther did indeavor to closs the samen and held out the said William Fergusone and his accomplices But he at least his accomplices be his directione and order did force up the door and violently entered the said house wher they used many threatnings and minaces against the said pursuer forced him to rise out of his bed wher he was asleep and therafter caried him to the house of William Thomsone Smith in Bridgend of Crichan and ther after many minacings and threatnings used be the said William Fergusone against him and and2 pulling the pursuers hatt from his head and threw it into the fire, The said pursewer being terrified and feared to be bereaved of his life by the said threatnings minaceings and un Christian dealling that he was necessitate to grant a stop to the dilligence at his instance against the said William Fergusone untill Munday nixt therafter against which time he hade a new suspensione procured of the forsaid decreet protestatione and dilligence raised theron And Furder to clear his villianous and treacherous designe and to shew all present that he hade accomplished the samen he Immediatly after extorting the said stopt to the dilligance did Cause discharge his pistolls, Which no doubt he had designed for a worse use and end if he hade not got his most false and treacherous Designe accomplished in maner forsaid And said it was a shame for any in the parish of Glencairne to be either poynded or taken with Captione wherby it is evident that the said William Fergusone and his accomplices are guilty of ane high and manifast ryot and Contempt of ther majesties authoritie and Lawes in Invadeing and assaulting the said Robert Maitlands house and freighting his wife and Childrein and forceing the said pursuer to rise out of his bed and goe to another house with him and therafter not only threatining him by many approbrious expressiones but by throwing his hatt in the fire, and extorting from him the stop to the said dilligence by the indirect wayes and methods abovementioned and severall others By all which the said William Fergusone and his accomplices ought to be severly punished in their persones and Goods to the terror of Others to doe the like in time comeing And Anent the Charge given to the said defenders To have Compeired before the saids Lords at ane Certaine day now bygone To have answered to the above Complaint and to have heard and seen such order and Course taken theranent as appertaines as in the principall letters or lybell raised in the said matter and executiones therof at more length is Contained Which lybell being upon the fourteinth day of June instant Called in presence of the saids Lords of privy Councill and the pursuer Compeiring personally with Sir James Ogilvie and Mr Alexander Fergusone his advocat, And the defender Compeiring alsoe personally with Mr David Cuninghame his advocat The Lybell and answer therto being read and both parties advocats fully heard The Lords Ordained the witnesses to be examined who being all present made faith at the barr and the Councill appointed a Comittie to examine them, Which Comittie haveing mett and examined diverse and sundrie famous witnesses They all deponed as their oathes and depositiones extant in proces bears And the saids Lords having this day Considered the lybell with the depositions of the witnesses Togither with a petition for the defender and another for the witnesses Craveing Expences, They Find the lybell not proven And Therfore Have assoylzied and heirby assoylzies the above William Fergusone younger of Caitiloch from the points and articles of the said lybell and Declairs him quyte therof and free therfrae in all time comeing And Decernes and Ordaines the above Mr John Maitland pursuer to make payment to Robert Greirsone in Monyhyve John Niviesone miller in Cranduroch Jannet Cassiun relict of William Thomsone Smith at Bridgend of Crichen Agnes Fergusone at Monyhyve John Wilsone her sone wright ther and Robert Thomsone servant to Mary Cuninghame in Over Kirkcudbright witneses cited and appearing in this actione of the soume of sixtein shilling scots per diem from the first day of June instant to the sixtein day of the said moneth inclusive And Ordaines horning under the signet of Councill on fiftein dayes to be direct for payment of the witnesses expenses.

Edinburgh the nynteinth day of June Jaj vjc nyntie four years

D1694/6/71

Decreet

Decreet absolvitor Kaitloch against Maitland etc

Anent the lybell or Complaint raised before the Lords of their majesties privy Councill be Mr John Maitland late schoolmaster at Glencairne with Concourse of Sir James Stewert their Majesties advocat for their highnes intrest in the matter underwritten Making mentione That quher albeit by the Comon law of all weell governed nationes and the municiple law of this Kingdome and by severall acts of parliament of this kingdome and Constant custome therof The assaulting and invading of any of their majesties leidges in any hostile and arbitrary maner especially wher the samen is done out of designe and under Cloud of night not only to frustrat their majesties lawes and the executione therof but likewayes to terrifie and threaten the persones so assaulted To Grant to the assaulters what ever they shall demand or desire are crymes of ane high nature, and severly punishable, Yett nevertheless It is of verity that the pursuer having served as publict schoolmaster within the parochin of Glencairne for Threttein years togither without interuptione wherby his extraordinary paines in attending therof, has not only rendered himself incapable to exercise that or any other office ther That he is not only reduced to great poverty but likewayes become almost deaff and ther being a particular sallerie appoynted to be payed him be the respective heretors and others in the said parish and particularly the annualrent of ane mortified summ due be and in the hands of William Fergusone of Caitiloch and his father and the said pursuer haveing intented proces before the Lords of Councill and Sessione against him and Severall other heritors and tennents in the said parish for payment of their respective proportiones of his small sallerie and obtained decreet theron and Caused charge them therfore They Suspended the same against which suspension he obtained protestatione and Caused extract the same, and raised Captione on his former dilligence in order to cause put the same to executione and the said William Fergusone younger of Catiloch getting notice therof and shaking of all fear of God and regaird to their majesties their authoritie and lawes did upon the nynth or tenth dayes of January Jaj vjc nyntie four years instant or ane or other of the saids dayes accompanied with John Wilsone wright in Bridgend and Robert Thomsone servitor to Mary Cuninghame in Over Kirkcudbright and severall other his accomplices came to the house of Robert Maitland smith in Munyaive his brother wher he said the pursuer stayed for the time about Eleven or twelue accloak at night armed with Swords and Charged Pistolls and other offencive armes and ther the said William Fergusone and others his accomplices did in a most treacherous way and maner knock at the door of the said house and desyred to be in pretending that he was under Caption in the hands of William Gibsone messenger at the said pursuers instances and desyreing only to comon with him theranent and the said Robert Maitland therupon opened the door and finding that the messingor was not ther did indeavor to closs the samen and held out the said William Fergusone and his accomplices But he at least his accomplices be his directione and order did force up the door and violently entered the said house wher they used many threatnings and minaces against the said pursuer forced him to rise out of his bed wher he was asleep and therafter caried him to the house of William Thomsone Smith in Bridgend of Crichan and ther after many minacings and threatnings used be the said William Fergusone against him and and2 pulling the pursuers hatt from his head and threw it into the fire, The said pursewer being terrified and feared to be bereaved of his life by the said threatnings minaceings and un Christian dealling that he was necessitate to grant a stop to the dilligence at his instance against the said William Fergusone untill Munday nixt therafter against which time he hade a new suspensione procured of the forsaid decreet protestatione and dilligence raised theron And Furder to clear his villianous and treacherous designe and to shew all present that he hade accomplished the samen he Immediatly after extorting the said stopt to the dilligance did Cause discharge his pistolls, Which no doubt he had designed for a worse use and end if he hade not got his most false and treacherous Designe accomplished in maner forsaid And said it was a shame for any in the parish of Glencairne to be either poynded or taken with Captione wherby it is evident that the said William Fergusone and his accomplices are guilty of ane high and manifast ryot and Contempt of ther majesties authoritie and Lawes in Invadeing and assaulting the said Robert Maitlands house and freighting his wife and Childrein and forceing the said pursuer to rise out of his bed and goe to another house with him and therafter not only threatining him by many approbrious expressiones but by throwing his hatt in the fire, and extorting from him the stop to the said dilligence by the indirect wayes and methods abovementioned and severall others By all which the said William Fergusone and his accomplices ought to be severly punished in their persones and Goods to the terror of Others to doe the like in time comeing And Anent the Charge given to the said defenders To have Compeired before the saids Lords at ane Certaine day now bygone To have answered to the above Complaint and to have heard and seen such order and Course taken theranent as appertaines as in the principall letters or lybell raised in the said matter and executiones therof at more length is Contained Which lybell being upon the fourteinth day of June instant Called in presence of the saids Lords of privy Councill and the pursuer Compeiring personally with Sir James Ogilvie and Mr Alexander Fergusone his advocat, And the defender Compeiring alsoe personally with Mr David Cuninghame his advocat The Lybell and answer therto being read and both parties advocats fully heard The Lords Ordained the witnesses to be examined who being all present made faith at the barr and the Councill appointed a Comittie to examine them, Which Comittie haveing mett and examined diverse and sundrie famous witnesses They all deponed as their oathes and depositiones extant in proces bears And the saids Lords having this day Considered the lybell with the depositions of the witnesses Togither with a petition for the defender and another for the witnesses Craveing Expences, They Find the lybell not proven And Therfore Have assoylzied and heirby assoylzies the above William Fergusone younger of Caitiloch from the points and articles of the said lybell and Declairs him quyte therof and free therfrae in all time comeing And Decernes and Ordaines the above Mr John Maitland pursuer to make payment to Robert Greirsone in Monyhyve John Niviesone miller in Cranduroch Jannet Cassiun relict of William Thomsone Smith at Bridgend of Crichen Agnes Fergusone at Monyhyve John Wilsone her sone wright ther and Robert Thomsone servant to Mary Cuninghame in Over Kirkcudbright witneses cited and appearing in this actione of the soume of sixtein shilling scots per diem from the first day of June instant to the sixtein day of the said moneth inclusive And Ordaines horning under the signet of Councill on fiftein dayes to be direct for payment of the witnesses expenses.

1. NRS, PC2/25, 6r-8r.

2. Sic.

1. NRS, PC2/25, 6r-8r.

2. Sic.

Sederunt, 19 June 1694, Edinburgh

Posted on by

Edinburgh the nynteinth day of June Jaj vjc nyntie four years1

D1694/6/62

Sederunt

Lord Chancelor; Earl of Melvill P: seall; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Strathmore; Earl of Leven; Earl of Anandale; Earl of Forfar; Earl of Broadalbine; Lord Murray; Viscount Tarbat; Viscount Stair; Lord Yester; Lord Raith T:d; Lord Ross; Lord Beilhaven; Lord Carmicheall; Lord Polwarth; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; Laird of Blackbarony; Laird of Stivenson; Laird of Pollock; Sir Thomas Livingston; Sir John Hall

Edinburgh the nynteinth day of June Jaj vjc nyntie four years1

D1694/6/62

Sederunt

Lord Chancelor; Earl of Melvill P: seall; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Strathmore; Earl of Leven; Earl of Anandale; Earl of Forfar; Earl of Broadalbine; Lord Murray; Viscount Tarbat; Viscount Stair; Lord Yester; Lord Raith T:d; Lord Ross; Lord Beilhaven; Lord Carmicheall; Lord Polwarth; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; Laird of Blackbarony; Laird of Stivenson; Laird of Pollock; Sir Thomas Livingston; Sir John Hall

1. NRS, PC2/25, 6r.

2. NRS, PC2/25, 6r.

1. NRS, PC2/25, 6r.

2. NRS, PC2/25, 6r.