Tag Archives: June

Act, 14 June 1694, Edinburgh

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Edinburgh the Fourtein day of June Jaj vjc nyntie four years

D1694/6/51

Act

Act Mr James Young writer

Anent a Petition given in to the Lords of their majesties privy Councill be Mr James Young writter in Edinburgh Shewing that wher the petitioner in bringing to perfectione ane Engine for wryting wherby five Copies may be done at the same time, which thought may prove not 2 unusefull, And the petitioner conceiving that if upon the event any profitt aryse therfrae ingenious tradsemen or others may fall upon the Imitation therof, And that by seing of this Engyne, which the petitioner cannot weell conceall since he intends it for publict use wherby the same may not only be rendered useless to the petitioner and tend to his Loss and damnage But likewayes may prove a discouragment to others to attempt the like in time comeing And Seing by the Custome of all weell Governed nationes as weell as by the saids Lords constant practise in the like cases ther is allwayes incouragment granted to such who Imploy ther time paines and expences about any project for the publict good, And Therfore humbly Suplicating to the effect aftermentioned The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above Mr James Young They heirby Discharge any others besydes the petitioner and his airs of assigneyes to make have or use any of the above Inguynes without the petitioners speciall allowance for the space of nyntein years to runn after the day and date heirof under the penaltie of five hundred merks fur ilk partie failure toties quoties.

Edinburgh the Fourtein day of June Jaj vjc nyntie four years

D1694/6/51

Act

Act Mr James Young writer

Anent a Petition given in to the Lords of their majesties privy Councill be Mr James Young writter in Edinburgh Shewing that wher the petitioner in bringing to perfectione ane Engine for wryting wherby five Copies may be done at the same time, which thought may prove not 2 unusefull, And the petitioner conceiving that if upon the event any profitt aryse therfrae ingenious tradsemen or others may fall upon the Imitation therof, And that by seing of this Engyne, which the petitioner cannot weell conceall since he intends it for publict use wherby the same may not only be rendered useless to the petitioner and tend to his Loss and damnage But likewayes may prove a discouragment to others to attempt the like in time comeing And Seing by the Custome of all weell Governed nationes as weell as by the saids Lords constant practise in the like cases ther is allwayes incouragment granted to such who Imploy ther time paines and expences about any project for the publict good, And Therfore humbly Suplicating to the effect aftermentioned The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above Mr James Young They heirby Discharge any others besydes the petitioner and his airs of assigneyes to make have or use any of the above Inguynes without the petitioners speciall allowance for the space of nyntein years to runn after the day and date heirof under the penaltie of five hundred merks fur ilk partie failure toties quoties.

1. NRS, PC2/25, 5v.

2. The word ‘only’ scored out here.

1. NRS, PC2/25, 5v.

2. The word ‘only’ scored out here.

Sederunt, 14 June 1694, Edinburgh

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Edinburgh the Fourtein day of June Jaj vjc nyntie four years1

D1694/6/42

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Strathmore; Earl of Forfar; Earl of Breadalbine; Lord Murray; Viscount Tarbet; Viscount Stair; Lord Ross; Lord Beilhaven; Lord Polwarth; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; Laird of Blaikbarony; Laird of Pollock; Sir John Hall

Edinburgh the Fourtein day of June Jaj vjc nyntie four years1

D1694/6/42

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Strathmore; Earl of Forfar; Earl of Breadalbine; Lord Murray; Viscount Tarbet; Viscount Stair; Lord Ross; Lord Beilhaven; Lord Polwarth; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; Laird of Blaikbarony; Laird of Pollock; Sir John Hall

1. NRS, PC2/25, 5r.

2. NRS, PC2/25, 5r-5v.

1. NRS, PC2/25, 5r.

2. NRS, PC2/25, 5r-5v.

Decreet, 7 June 1694, Edinburgh

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Att Edinburgh The Seventh day of June Jaj vjc nyntie four years

D1694/6/31

Decreet

Decreet absolvitor Blaikwood and others Against Forsyth and his Spouse.

Anent the Lybell or Complaint raised and pursued before the Lords of their majesties privy Councill at the instance of Mathow Forsyth Cook burges of Edinburgh and Marion Eliot his Spouse with Concourse of Sir James Stewart their majesties advocat for their highnes intrest in the matter underwritten making mention That albeit by the Lawes and Constitutiones of all weell governed nationes and by the Lawes and acts of parliament of this kingdome the assaulting of persones in their oun houses which is homesucken and the violent spulzieing and away takeing of their geir and houshold plenishing, and the destroying of their burges tickets breaking doune of their publict signes and the Imprisoneing their persones and detaineing them in prisone without hearing the instrumented insist till they be in hazard to sterve for want especially wher the crymes are done without any order or pretext of Law And the scandalizeing persones in their good names and reputationes and raising Calumnies and groundles aspersiones upon them as if they were theives Complyers or Corrosponders with Theives harbourers 2or resetters of them and of the goods stollen be them are all crymes of ane high nature and ought and should be severly punished nevertheless upon the seventeinth day of september Jaj vjc nyntie one William Alves late servitor to the deceast Mr John Richardsone advocat did come to their dwalling house and in a violent maner did assault and invade the persones of the said Mathew Forsyth pursuer and incarcerat him by order of Baillie Blaikwood then present baillie of Edinburgh within the Tolbooth therof and upon this only alledgance that the pursuer should have recept ane silver standage belonging to the Duke of Queensberry and alse upon the twentie sixth day of the said moneth […] Drumond Cornet to the Lord Newbotles Dragoons came to the pursuers house about one in the morning when his familly was in bed and ane party of the toune Guard of Edinburgh in a most hostile and barbarous maner and did beat his wyfe sadly and take away all her Cloathes break up her Chists and did most barbarously beat drag and abuse her and put her also in prisone and did Lock the door and took away the key with him and put the rest of his familly to the street by the said Baillie Blaikwood his order and when they were in prisone, William Dobie James Gray, James Somervell and William Eikfoord officers having gott the key from the said Drummond They came to the house and Caried away all that William Drumond left of the plenishing with meat drink ready money and Cloathes to the value of Two Thousand punds scots and upwards and what they gott not caried away the sparphled and destributed the same to the people and poor they saw who were gathered as spectators and did take away from the said Mathew his burges ticket as burges of Edinburgh, and tore and destroyed the Same, and they being cast in prison in the Tolbooth of Edinburgh amongst whoores and theives in a most indigent and starveing Conditione were detained therin from the said seventein and twentie sixth dayes of september to the Eleventh of may Jaj vjc nyntie two years, as the extract of their Imprisonement under the Clerk of the Tolbooths hand Showen to the saids Lords has testified and dureing their Imprisonement they hade not to live upon not so much as ane plack Loave betwixt them, but what they could procure of Charity, and their house haveing stood waist all this time wherby they not only Lossed their trade of Cookrie and inkeeping for that year But likewayes was necessitate to pay twentie dollers of waist maill all that time 3 for the said house and likewayes in the said moneth of september when they were prisoners Hew Mcgie mirour maker in Edinburgh came to their house and by himself and others his accomplices Did breake doune their publict signe for directing gentlemen and others to their house being a publict Inn And the saids persones has not only Spulzied and away taken their goods and geir But alsoe out of meir malice and prejudice Conceiteed against them without any reason has Scandalized and reproached ther fame and good name by calling them theives Complyers and Corresponders with them receivers and resetters of the Goods stollen by them and particularly the silver standage belonging to the Duke of Queensberry and the goods robbed from the said Cornet Drumond Off the which Crymes above specified the saids persones or one or other of them are actors airt and part, And Therfore they ought not only and should be Decerned to make payment to the pursuers of two thousand pund as the value of the household plenishing utincills and Domicills of their house and alse of the soume of Twentie dollers of house maill and the soume of Fourtie dollers as the value of the prejudice sustained by them from the said William Alves, William Drumond and the other persones throw the loss of ther trade destroying of their burges ticket breaking doune of their signe Imprisoneing of their persones and otherwayes in maner above Lybelled But likewayes the forsaids persones and goods to the terror of others to doe the like in time comeing And Anent the charge given to the saids defenders To have Compeired personally before the saids Lords at ane certaine day now bygone To have answered to the points of the above Complaint and to have heard and seen such order and Course taken theranent as the saids Lords shall think fitt as in the forsaid Lybell and executiones therof at more length is Contained Which lybell being this day called in presence of the Lords of their majesties privy Councill, and the said Mathew Forsyth being absent and Marion Eliot his spous Compeiring personally And the said Baillie Blackwood Heugh Mcgie and William Eckford thrie of the defenders Compeiring also personally with Sir Patrick Home their advocat and James Simervell […] Christiain Thorntoune Cornet Drumond and William Alves also defenders being called and not Compeiring The saids Lords of ther majesties privy Councill haveing Considered both libells with the answers made for Robert Blaikwood to the lybell at Mathow Forsythes instance with a petitione given in for William Alves They heirby refuse to sustaine proces upon the lybell at the instance of the said Mathow Forsyth and his said spouse In Respect the said Mathow who is principall pursuer is absent and that his wyfe cannot pursue without his concourse And Therfore have assoylzied and hereby assoylzies the said Robert Blaikwood and remanent defenders conveened in the said lybell frae haill points and articles therof and desyre of the pursuers Craved therby And Declaires them quyte therof and free ther frae in all time comeing and Grants Certificatione in the lybell at the instance of Baillie Blackwood against Mathow Forsyth for his absence and not Compeirance And ordaines letters of denunciation to be direct at Robert Blaikwoods instance to messengers at armes Comanding them to pass to the mercat Cross of […] and other places needfull and ther in their majesties names and authoritie duely Lawfullie and orderly denunce the said Mathow Forsyth ther majesties rebell and put him to ther highnes horne And ordaines all their moveaball goods and geir to be escheat and inbrought to their majesties use for their Contemptione and disobedience; And the saids Lords doe heirby Give order and warrand to the macers of privy Councill or messengers at armes to pass search seek take and apprehend The persone of the said Mathow Forsyth wher ever he is or may be apprehended and to Comitt him prisoner till furder order of Councill And Ordaines the macers of Councill presently to Carry the said Marion Eliot spouse to the said Mathow prisoner from the barr to the Tolbooth of Edinburgh and ordaines the magistrats of Edinburgh and keeper of their tolbooth to receive and detaine her therin.

Att Edinburgh The Seventh day of June Jaj vjc nyntie four years

D1694/6/31

Decreet

Decreet absolvitor Blaikwood and others Against Forsyth and his Spouse.

Anent the Lybell or Complaint raised and pursued before the Lords of their majesties privy Councill at the instance of Mathow Forsyth Cook burges of Edinburgh and Marion Eliot his Spouse with Concourse of Sir James Stewart their majesties advocat for their highnes intrest in the matter underwritten making mention That albeit by the Lawes and Constitutiones of all weell governed nationes and by the Lawes and acts of parliament of this kingdome the assaulting of persones in their oun houses which is homesucken and the violent spulzieing and away takeing of their geir and houshold plenishing, and the destroying of their burges tickets breaking doune of their publict signes and the Imprisoneing their persones and detaineing them in prisone without hearing the instrumented insist till they be in hazard to sterve for want especially wher the crymes are done without any order or pretext of Law And the scandalizeing persones in their good names and reputationes and raising Calumnies and groundles aspersiones upon them as if they were theives Complyers or Corrosponders with Theives harbourers 2or resetters of them and of the goods stollen be them are all crymes of ane high nature and ought and should be severly punished nevertheless upon the seventeinth day of september Jaj vjc nyntie one William Alves late servitor to the deceast Mr John Richardsone advocat did come to their dwalling house and in a violent maner did assault and invade the persones of the said Mathew Forsyth pursuer and incarcerat him by order of Baillie Blaikwood then present baillie of Edinburgh within the Tolbooth therof and upon this only alledgance that the pursuer should have recept ane silver standage belonging to the Duke of Queensberry and alse upon the twentie sixth day of the said moneth […] Drumond Cornet to the Lord Newbotles Dragoons came to the pursuers house about one in the morning when his familly was in bed and ane party of the toune Guard of Edinburgh in a most hostile and barbarous maner and did beat his wyfe sadly and take away all her Cloathes break up her Chists and did most barbarously beat drag and abuse her and put her also in prisone and did Lock the door and took away the key with him and put the rest of his familly to the street by the said Baillie Blaikwood his order and when they were in prisone, William Dobie James Gray, James Somervell and William Eikfoord officers having gott the key from the said Drummond They came to the house and Caried away all that William Drumond left of the plenishing with meat drink ready money and Cloathes to the value of Two Thousand punds scots and upwards and what they gott not caried away the sparphled and destributed the same to the people and poor they saw who were gathered as spectators and did take away from the said Mathew his burges ticket as burges of Edinburgh, and tore and destroyed the Same, and they being cast in prison in the Tolbooth of Edinburgh amongst whoores and theives in a most indigent and starveing Conditione were detained therin from the said seventein and twentie sixth dayes of september to the Eleventh of may Jaj vjc nyntie two years, as the extract of their Imprisonement under the Clerk of the Tolbooths hand Showen to the saids Lords has testified and dureing their Imprisonement they hade not to live upon not so much as ane plack Loave betwixt them, but what they could procure of Charity, and their house haveing stood waist all this time wherby they not only Lossed their trade of Cookrie and inkeeping for that year But likewayes was necessitate to pay twentie dollers of waist maill all that time 3 for the said house and likewayes in the said moneth of september when they were prisoners Hew Mcgie mirour maker in Edinburgh came to their house and by himself and others his accomplices Did breake doune their publict signe for directing gentlemen and others to their house being a publict Inn And the saids persones has not only Spulzied and away taken their goods and geir But alsoe out of meir malice and prejudice Conceiteed against them without any reason has Scandalized and reproached ther fame and good name by calling them theives Complyers and Corresponders with them receivers and resetters of the Goods stollen by them and particularly the silver standage belonging to the Duke of Queensberry and the goods robbed from the said Cornet Drumond Off the which Crymes above specified the saids persones or one or other of them are actors airt and part, And Therfore they ought not only and should be Decerned to make payment to the pursuers of two thousand pund as the value of the household plenishing utincills and Domicills of their house and alse of the soume of Twentie dollers of house maill and the soume of Fourtie dollers as the value of the prejudice sustained by them from the said William Alves, William Drumond and the other persones throw the loss of ther trade destroying of their burges ticket breaking doune of their signe Imprisoneing of their persones and otherwayes in maner above Lybelled But likewayes the forsaids persones and goods to the terror of others to doe the like in time comeing And Anent the charge given to the saids defenders To have Compeired personally before the saids Lords at ane certaine day now bygone To have answered to the points of the above Complaint and to have heard and seen such order and Course taken theranent as the saids Lords shall think fitt as in the forsaid Lybell and executiones therof at more length is Contained Which lybell being this day called in presence of the Lords of their majesties privy Councill, and the said Mathew Forsyth being absent and Marion Eliot his spous Compeiring personally And the said Baillie Blackwood Heugh Mcgie and William Eckford thrie of the defenders Compeiring also personally with Sir Patrick Home their advocat and James Simervell […] Christiain Thorntoune Cornet Drumond and William Alves also defenders being called and not Compeiring The saids Lords of ther majesties privy Councill haveing Considered both libells with the answers made for Robert Blaikwood to the lybell at Mathow Forsythes instance with a petitione given in for William Alves They heirby refuse to sustaine proces upon the lybell at the instance of the said Mathow Forsyth and his said spouse In Respect the said Mathow who is principall pursuer is absent and that his wyfe cannot pursue without his concourse And Therfore have assoylzied and hereby assoylzies the said Robert Blaikwood and remanent defenders conveened in the said lybell frae haill points and articles therof and desyre of the pursuers Craved therby And Declaires them quyte therof and free ther frae in all time comeing and Grants Certificatione in the lybell at the instance of Baillie Blackwood against Mathow Forsyth for his absence and not Compeirance And ordaines letters of denunciation to be direct at Robert Blaikwoods instance to messengers at armes Comanding them to pass to the mercat Cross of […] and other places needfull and ther in their majesties names and authoritie duely Lawfullie and orderly denunce the said Mathow Forsyth ther majesties rebell and put him to ther highnes horne And ordaines all their moveaball goods and geir to be escheat and inbrought to their majesties use for their Contemptione and disobedience; And the saids Lords doe heirby Give order and warrand to the macers of privy Councill or messengers at armes to pass search seek take and apprehend The persone of the said Mathow Forsyth wher ever he is or may be apprehended and to Comitt him prisoner till furder order of Councill And Ordaines the macers of Councill presently to Carry the said Marion Eliot spouse to the said Mathow prisoner from the barr to the Tolbooth of Edinburgh and ordaines the magistrats of Edinburgh and keeper of their tolbooth to receive and detaine her therin.

1. NRS, PC2/25, 3r-5r.

2. An ampersand scored out here.

3. The words ‘Wherby they not only’ scored out here.

1. NRS, PC2/25, 3r-5r.

2. An ampersand scored out here.

3. The words ‘Wherby they not only’ scored out here.

Act, 7 June 1694, Edinburgh

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Att Edinburgh The Seventh day of June Jaj vjc nyntie four years

D1694/6/21

Act

Act Thomas Fullertoune

Anent a Petition given in to the Lords of their majesties privy Councill be Thomas Fullertoune Captaine of the William and Mary Friggott attending the Garisone of Fort William at Innerlochie Shewing That quheras the petitioner being Commanded by Coll John Hill governor of Fort William in January last by past to sail with the said Frigott Togither with Fourscore Centinalls out of the said Coll his regiement to relieve the Garisones of Castle Thirholme and Islandoran and after the petitioner haveing relived the said Garisones and seeking homeward was unfortunatly trysted with ane violent tempest and driven upon the Coast of Ireland so that upon life and death (the said Friggot Loossing her foremast and much of her rigging) Gott into Belfast in Ireland some of their ships Crew haveing been washen overboard before they Could gett in thither and the petitioner haveing received orders from Collonell Hill to repair beatt and outrigg the said Friggot at Belfast and from thence to saill straight to Clyde for to transport the said Collonell his regiments wholl new Cloathing Mounting and accutraments to the Garison of Fort William and the petitioner haveing unloaded and taken aboard of the said Frigott in the begining of march last bypast at Belfast the provisiones aftermentioned viz thrie bolls of oatmeall for the use of the Frigots Crew six bolls of Flower for the use of the said Coll and his Livetennent Coll and betwixt two or thrie bolls of Oats and six bolls of malt for the use of the fornamed persones The said quantitie of victualls being bought and taken aboard before ther was any proclamatione Issued out Discharging the Import of any Irish victuall, And the petitioner at his arryvall at Clyde was so Ignorant of the said proclamation that he did report and enter the said six bolls of Flower and profered to pay the usuall dutie for the same, Wherupon […] Crafurd of Drumsuy has made not only seizure of the forsaid small parcell of victualls although unloaded before any proclamatione was Issued out to the contrait but also stops and Impeds the said Frigott (For what ground the petitioner knowes not) from receiving and takeing aboard the wholl new Cloathing and accutraments of the said Coll Hill his regiement some wherof are Lying in packs and Casks in open Gabbarts at the said Frigot ready to be put aboard and are exposed to wind and weather which cannot but tend to the great damnadge and prejudice of the said regiments Cloathing unles their Lordships should order some speedy Course to be taken theranent And Therfore humbly Craveing the saids Lords To ordaine the said […] Crafurd of Drumsay to restore to the petitioner the above specified small quantitie of victuall seing it was unloaded before any act to the Contrare, and allow the petitioner to take aboard of the said Frigot the Cloathing of the said regiment, so that the damnifieing of the poor souldiers Cloathes may be prevented as the said petitione bears The Lords of their majesties privy Councill having Considered this petition given in to them be the above Thomas Fullertoune They hereby ordaine […] Crafurd of Drumsay to restore the above victuall to the petitioner and allowes the petitioner to take aboard the above Cloathing of the above regiment The petitioner allwayes satisfieing the said Crafurd of Drumsuy what expences he has been at in seizing the above victuall according as the same shall be determined by the Earle of Cassills whom the saids Lords Doe hereby authorize and Impower to determine the saids expence and appoints the same to be payed at the sight of the said Earle.

Att Edinburgh The Seventh day of June Jaj vjc nyntie four years

D1694/6/21

Act

Act Thomas Fullertoune

Anent a Petition given in to the Lords of their majesties privy Councill be Thomas Fullertoune Captaine of the William and Mary Friggott attending the Garisone of Fort William at Innerlochie Shewing That quheras the petitioner being Commanded by Coll John Hill governor of Fort William in January last by past to sail with the said Frigott Togither with Fourscore Centinalls out of the said Coll his regiement to relieve the Garisones of Castle Thirholme and Islandoran and after the petitioner haveing relived the said Garisones and seeking homeward was unfortunatly trysted with ane violent tempest and driven upon the Coast of Ireland so that upon life and death (the said Friggot Loossing her foremast and much of her rigging) Gott into Belfast in Ireland some of their ships Crew haveing been washen overboard before they Could gett in thither and the petitioner haveing received orders from Collonell Hill to repair beatt and outrigg the said Friggot at Belfast and from thence to saill straight to Clyde for to transport the said Collonell his regiments wholl new Cloathing Mounting and accutraments to the Garison of Fort William and the petitioner haveing unloaded and taken aboard of the said Frigott in the begining of march last bypast at Belfast the provisiones aftermentioned viz thrie bolls of oatmeall for the use of the Frigots Crew six bolls of Flower for the use of the said Coll and his Livetennent Coll and betwixt two or thrie bolls of Oats and six bolls of malt for the use of the fornamed persones The said quantitie of victualls being bought and taken aboard before ther was any proclamatione Issued out Discharging the Import of any Irish victuall, And the petitioner at his arryvall at Clyde was so Ignorant of the said proclamation that he did report and enter the said six bolls of Flower and profered to pay the usuall dutie for the same, Wherupon […] Crafurd of Drumsuy has made not only seizure of the forsaid small parcell of victualls although unloaded before any proclamatione was Issued out to the contrait but also stops and Impeds the said Frigott (For what ground the petitioner knowes not) from receiving and takeing aboard the wholl new Cloathing and accutraments of the said Coll Hill his regiement some wherof are Lying in packs and Casks in open Gabbarts at the said Frigot ready to be put aboard and are exposed to wind and weather which cannot but tend to the great damnadge and prejudice of the said regiments Cloathing unles their Lordships should order some speedy Course to be taken theranent And Therfore humbly Craveing the saids Lords To ordaine the said […] Crafurd of Drumsay to restore to the petitioner the above specified small quantitie of victuall seing it was unloaded before any act to the Contrare, and allow the petitioner to take aboard of the said Frigot the Cloathing of the said regiment, so that the damnifieing of the poor souldiers Cloathes may be prevented as the said petitione bears The Lords of their majesties privy Councill having Considered this petition given in to them be the above Thomas Fullertoune They hereby ordaine […] Crafurd of Drumsay to restore the above victuall to the petitioner and allowes the petitioner to take aboard the above Cloathing of the above regiment The petitioner allwayes satisfieing the said Crafurd of Drumsuy what expences he has been at in seizing the above victuall according as the same shall be determined by the Earle of Cassills whom the saids Lords Doe hereby authorize and Impower to determine the saids expence and appoints the same to be payed at the sight of the said Earle.

1. NRS, PC2/25, 2r-3r.

1. NRS, PC2/25, 2r-3r.

Sederunt, 7 June 1694, Edinburgh

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Att Edinburgh The Seventh day of June Jaj vjc nyntie four years1

D1694/6/12

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Cassills; Earl of Lothian; Earl of Annandale; Earl of Selkirk; Earl of Forfar; Viscount Tarbat; Viscount Stair; Lord Yester; Lord Ross; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Laird of Blackbarony; Laird of Stivenson; Sir Thomas Livingston; Sir John Hall

Att Edinburgh The Seventh day of June Jaj vjc nyntie four years1

D1694/6/12

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Cassills; Earl of Lothian; Earl of Annandale; Earl of Selkirk; Earl of Forfar; Viscount Tarbat; Viscount Stair; Lord Yester; Lord Ross; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Laird of Blackbarony; Laird of Stivenson; Sir Thomas Livingston; Sir John Hall

1. NRS, PC2/25, 2r.

2. NRS, PC2/25, 2r.

1. NRS, PC2/25, 2r.

2. NRS, PC2/25, 2r.

Act, 29 June 1693, Edinburgh

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Edinburgh the Twentie nynth day of June Jaj vjc nyntie thrie years

D1693/6/341

Act

Act Mr William Howart minister at Innerness

Anent a Petition given in to the Lords of their Majesties privy Councill be Mr William Stewart minister of Innverness Shewing That quher the petitioner haveing by order of the assembly and their Lordships warrand served the Church of Innverness from June Jaj vjc nyntie one to June Jaj vjc nyntie thrie which gives him ane undoubted right to the stipend for which he hath served conforme to the fifth act of the second session of this principall parliament, yet Mr Alexander Southerland Chaplane to Sir Thomas Liveingstone regiement and Mr Thomas Frazer minister at Suddy have both of them alse weell as the petitioner applyed to the saids Lords some time a goe Craveing to be preferred to the said stipend which is certainely injurious in them For albeit /1o/ both of them have illegall and in suficient calls from the magistrats of Inverness who are not in capacity to give any, yet neither of them have2 ever3 served at that Church or are to this hour so much as capable to serve their or Imbrace a Call by reasone as yet they have neither applyed nor are they received or Joyned in with the established government of the Church /2o/ their pretences are injurious because they both possess their other benefices to this hour, Wheras the petitioner has no other mantinance to took to bot that for quhich he has served by their Lordships order and warrand nevertheless their Lordships in January last Did Decerne the petitioners stipend to be payed to any of the thrie who should first procure the consent of a patron It is now humbly Represented to their Lordships that the petitioner is not concerned with the consent of a patron, Because the consent of a patron is only requisit to dispose of a Stipend for pious uses within a parish quher ther is no incumbent, Bot so it is that heir their is ane incumbent authorized by all the Lawfull title that Church or State is able to give him which puts him directly in the case of the act of parliament abovementioned, nor can it be possible that their Lordships would appoint the petitioner to serve and yet dispose of his Mantinance to others And Therfore Humbly Craveing would take the premisses to their consideratione and preferr the petitioners Just clame and allow him letters for inbringing of the said stipend without the concurrance of the patron which is no wayes necessary, And if it ware hardly would any of the petitioners Character ever obtaine it as the petition bears The Lords of their Majesties privy Councill Haveing Considered this petition given in to them be the above Mr William Stewart They Find that the petitioner hath Just right to the stipend of Innerness since the moneth of June Jaj vjc nyntie one, and them and termely in time comeing dureing his service in the office of the ministrie at the said kirk; And Ordaines him to be readiely answered obeyed and payed therof be the heretors wodsetters fewars liferenters and others Lyable in payment the termes of payment of the same being allwayes since come and bypast, And ordaines letters of horning under the Signet of Councill at his instance against them for that effect upon production of a decreet of Locallitie, And in caice ther be non ordaines the Lyable to make payment of their respective proportiones of the said stipend since the moneth of June Jaj vjc nyntie one and yearly and termely in time comeing as said is as they shall be Decerned be the Judge ordinar In Respect the petitioner has let over extracting heirof produced a Certificat under the hands of thrie of the Commissioners nominat by the Lords of privy Councill for administrating the oath of alledgance and assurance to ministers and others testifieing and Declaring that the petitioner did Compeir before them, And in their presence did swear and signe the said oath and assurance dated the seventeinth day of Jully Jaj vjc nyntie thrie And Recalls the act of Councill of the date the […] day of January last anent the stipend of the said kirk In so farr as concernes Mr Alexander Southerland Chaplaine to Sir Thomas Liveingstounes regiement and Mr Thomas Frazer minister at Suddie And Declaires the Samen voice and null And Discharges them to trouble or molest the petitioner in the peaceable possession and uplifting the said stipend in maner forsaid.

Edinburgh the Twentie nynth day of June Jaj vjc nyntie thrie years

D1693/6/341

Act

Act Mr William Howart minister at Innerness

Anent a Petition given in to the Lords of their Majesties privy Councill be Mr William Stewart minister of Innverness Shewing That quher the petitioner haveing by order of the assembly and their Lordships warrand served the Church of Innverness from June Jaj vjc nyntie one to June Jaj vjc nyntie thrie which gives him ane undoubted right to the stipend for which he hath served conforme to the fifth act of the second session of this principall parliament, yet Mr Alexander Southerland Chaplane to Sir Thomas Liveingstone regiement and Mr Thomas Frazer minister at Suddy have both of them alse weell as the petitioner applyed to the saids Lords some time a goe Craveing to be preferred to the said stipend which is certainely injurious in them For albeit /1o/ both of them have illegall and in suficient calls from the magistrats of Inverness who are not in capacity to give any, yet neither of them have2 ever3 served at that Church or are to this hour so much as capable to serve their or Imbrace a Call by reasone as yet they have neither applyed nor are they received or Joyned in with the established government of the Church /2o/ their pretences are injurious because they both possess their other benefices to this hour, Wheras the petitioner has no other mantinance to took to bot that for quhich he has served by their Lordships order and warrand nevertheless their Lordships in January last Did Decerne the petitioners stipend to be payed to any of the thrie who should first procure the consent of a patron It is now humbly Represented to their Lordships that the petitioner is not concerned with the consent of a patron, Because the consent of a patron is only requisit to dispose of a Stipend for pious uses within a parish quher ther is no incumbent, Bot so it is that heir their is ane incumbent authorized by all the Lawfull title that Church or State is able to give him which puts him directly in the case of the act of parliament abovementioned, nor can it be possible that their Lordships would appoint the petitioner to serve and yet dispose of his Mantinance to others And Therfore Humbly Craveing would take the premisses to their consideratione and preferr the petitioners Just clame and allow him letters for inbringing of the said stipend without the concurrance of the patron which is no wayes necessary, And if it ware hardly would any of the petitioners Character ever obtaine it as the petition bears The Lords of their Majesties privy Councill Haveing Considered this petition given in to them be the above Mr William Stewart They Find that the petitioner hath Just right to the stipend of Innerness since the moneth of June Jaj vjc nyntie one, and them and termely in time comeing dureing his service in the office of the ministrie at the said kirk; And Ordaines him to be readiely answered obeyed and payed therof be the heretors wodsetters fewars liferenters and others Lyable in payment the termes of payment of the same being allwayes since come and bypast, And ordaines letters of horning under the Signet of Councill at his instance against them for that effect upon production of a decreet of Locallitie, And in caice ther be non ordaines the Lyable to make payment of their respective proportiones of the said stipend since the moneth of June Jaj vjc nyntie one and yearly and termely in time comeing as said is as they shall be Decerned be the Judge ordinar In Respect the petitioner has let over extracting heirof produced a Certificat under the hands of thrie of the Commissioners nominat by the Lords of privy Councill for administrating the oath of alledgance and assurance to ministers and others testifieing and Declaring that the petitioner did Compeir before them, And in their presence did swear and signe the said oath and assurance dated the seventeinth day of Jully Jaj vjc nyntie thrie And Recalls the act of Councill of the date the […] day of January last anent the stipend of the said kirk In so farr as concernes Mr Alexander Southerland Chaplaine to Sir Thomas Liveingstounes regiement and Mr Thomas Frazer minister at Suddie And Declaires the Samen voice and null And Discharges them to trouble or molest the petitioner in the peaceable possession and uplifting the said stipend in maner forsaid.

1. NRS, PC2/24, 235v-236v.

2. The word ‘either’ scored out here.

3. Insertion.

1. NRS, PC2/24, 235v-236v.

2. The word ‘either’ scored out here.

3. Insertion.

Warrant, 29 June 1693, Edinburgh

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Edinburgh the Twentie nynth day of June Jaj vjc nyntie thrie years

D1693/6/331

Warrant

Warrand to the Clerks to give up former bonds granted be persons fyned.

The Lords of their Majesties privy Councill doe heirby give order and warrand to their Clerks to deliver up the persones who being under baill to the Councill are Called and fyned for refuseing the oath of alledgance and assurance, The bonds formerly granted be these persones of their Cautioners for their peaceable behavior and appearance when called for or otherwayes, And that how soon and whensoever these persones shall give bond be them and their Cautioners for the payment of their respective fynes in the termes of the act of Councill quherby they are Imposed.

Edinburgh the Twentie nynth day of June Jaj vjc nyntie thrie years

D1693/6/331

Warrant

Warrand to the Clerks to give up former bonds granted be persons fyned.

The Lords of their Majesties privy Councill doe heirby give order and warrand to their Clerks to deliver up the persones who being under baill to the Councill are Called and fyned for refuseing the oath of alledgance and assurance, The bonds formerly granted be these persones of their Cautioners for their peaceable behavior and appearance when called for or otherwayes, And that how soon and whensoever these persones shall give bond be them and their Cautioners for the payment of their respective fynes in the termes of the act of Councill quherby they are Imposed.

1. NRS, PC2/24, 235v.

1. NRS, PC2/24, 235v.

Sederunt, 29 June 1693, Edinburgh

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Edinburgh the Twentie nynth day of June Jaj vjc nyntie thrie years1

D1693/6/322

Sederunt

Lord Chancelor; Duke of Hamilton p: Co:; Earl of Linlithgow; Earl of Strathmore; Earl of Kintoir; Earl of Brodalbine; Viscount Tarbat; Lord Polwarth; Mr Johnston secret:; Lord Advocat; Lord Justice Clerk; Lord Enstruther; Laird of Blackbarony

Edinburgh the Twentie nynth day of June Jaj vjc nyntie thrie years1

D1693/6/322

Sederunt

Lord Chancelor; Duke of Hamilton p: Co:; Earl of Linlithgow; Earl of Strathmore; Earl of Kintoir; Earl of Brodalbine; Viscount Tarbat; Lord Polwarth; Mr Johnston secret:; Lord Advocat; Lord Justice Clerk; Lord Enstruther; Laird of Blackbarony

1. NRS, PC2/24, 235v.

2. NRS, PC2/24, 235v.

1. NRS, PC2/24, 235v.

2. NRS, PC2/24, 235v.

Decreet, 28 June 1693 (pm), Edinburgh

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Edinburgh The Twentie Eight day of June Jaj vjc nyntie thrie years Post meridiem

D1693/6/311

Decreet

[Suspension Viscount of Kenmure refused]

Bill of Suspension The Viscount of Kenmuir against Margrat Rasper read and refused.

Edinburgh The Twentie Eight day of June Jaj vjc nyntie thrie years Post meridiem

D1693/6/311

Decreet

[Suspension Viscount of Kenmure refused]

Bill of Suspension The Viscount of Kenmuir against Margrat Rasper read and refused.

1. NRS, PC2/24, 235v.

1. NRS, PC2/24, 235v.

Act, 28 June 1693 (pm), Edinburgh

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Edinburgh The Twentie Eight day of June Jaj vjc nyntie thrie years Post meridiem

D1693/6/301

Act

Act Mr Androw Hamiltone.

Anent a Petition given in to the Lords of their majesties privy Councill be Mr Androw Hamiltone minister at Midlbie Sheweth That quher the petitioner being minister of the said parish for severall years preceiding the happie revolutione And albeit most of the ministers of that and all the westerne shyres were Imediatly therupon thrust from their Churches, yet the petitioner continued to peace in the said parish till about Candlmiss Jaj vjc nyntie one and prayed for their majesties King William and Queen Mary Untill ane number of armed men came from severall other parishes and dispossest the petitioners of his house and took the keyes of the kirk door And discharged him to preach any more in the said parish Under paine of death, Wherupon the heritors and elders of the said parish did give the petitioner and unanimous call to continue to be their minister which they presented to the presbytrie and upon groundless informatione and alledgances against the petitioner The presbytrie waved that call and suspended him from preaching untill they took tryall of the information given against the petitioner And the petitioner haveing attended the presbytries and synods for two years or therby at Last the synod took off the suspensione and declared that he might preach in that or in any other Church He should happen to be called to wherupon the heritors and most of the parishioners of the said parish gave him ane new unanimouse Call intreating the petitioner to continue to be their2 minister which they likewayes presented to the presbytrie And which the presbytrie upon Certain grounds Only knowen to themselves have Nabed hitherto So that the poor parish has not hade preaching these severall years bygone And the petitioner being resolved to have the said parochin (and the petitioner wishes may doe more for their edification then he hade don) And albeit by his presentation Collation and instruction haveing continued to preach and pray for their majesties as said is, He hade good and undoubted right to the modified stipend of the said parish and much more the samen being fortified ay the said Calls as also albeit it could be pretended that the said kirk3 was4 vaccant as it wes not, yet the Duke of Queensburry patron therof, to prevent all pretence of debate that may aryss theranent Has given his Consent that the Stipend of the said pairs for this present Cropt and year Jaj vjc nyntie thrie In caice ther be no minister institute betwixt and Michellmiss nixt and all bygone years resting unpayed be payed to the petitioner And that the saids Lords would interpone their authority therto for that effect Lykeas the petitioner has still continued within the parish And has upon his oun proper charges caused repair the church of the said parish which cost him the greatest part of ane years stipend And Therfore Humbly Craveing the saids Lords to Consider the premisses and interpose their authoritie in ordaineing the stipend of the said parish for this present cropt and year Jaj vjc nyntie thrie in caice ther be no minister institute betwixt and Micheallmiss nixt and all bygone years resting unpayed to be payed into the petitioner Conforme to the Decreet of Localitie of the Samen parish, And as they have been in use to pay him since his entrie to the ministrie at the said kirk as the petition bears The Lords of their Majesties privy Councill Haveing Considered this petition given in to them be the above Mr Androw Hamilton with the consent of his Grace the Duke of Queensburry mentioned therin And produced therwith, They heirby allow to the petitioner the stipend of the kirk of Midlbie for the haill Cropt and year of god Jaj vjc nyntie thrie in caice ther shall be no minister institute at the said kirk betwixt and Michellmiss nixt to come, And for all bygones resting since the petitioners entrie to the said kirk, And ordaines him to be readiely answered obeyed and payed therof be the present heritors wodsetters Lyferenters and others Lyable in payment of the Same, And Ordaines letters of horning under the Signet of Councill to be direct at his instance against them for that effect upon productione of a decreet of Locallity, And in caice ther be non ordaines these Lyable to make payment of their respective proportiones of the said years stipend and bygones as a forsaid, as they shall be decerned be the Judge ordinary; The petitioner haveing befor extracting heirof sworn and signed the oath of alledgance and signed the assurance to their Majesties King William and Queen Marry And that in presence of the one of the Lords of privy Councill.

Edinburgh The Twentie Eight day of June Jaj vjc nyntie thrie years Post meridiem

D1693/6/301

Act

Act Mr Androw Hamiltone.

Anent a Petition given in to the Lords of their majesties privy Councill be Mr Androw Hamiltone minister at Midlbie Sheweth That quher the petitioner being minister of the said parish for severall years preceiding the happie revolutione And albeit most of the ministers of that and all the westerne shyres were Imediatly therupon thrust from their Churches, yet the petitioner continued to peace in the said parish till about Candlmiss Jaj vjc nyntie one and prayed for their majesties King William and Queen Mary Untill ane number of armed men came from severall other parishes and dispossest the petitioners of his house and took the keyes of the kirk door And discharged him to preach any more in the said parish Under paine of death, Wherupon the heritors and elders of the said parish did give the petitioner and unanimous call to continue to be their minister which they presented to the presbytrie and upon groundless informatione and alledgances against the petitioner The presbytrie waved that call and suspended him from preaching untill they took tryall of the information given against the petitioner And the petitioner haveing attended the presbytries and synods for two years or therby at Last the synod took off the suspensione and declared that he might preach in that or in any other Church He should happen to be called to wherupon the heritors and most of the parishioners of the said parish gave him ane new unanimouse Call intreating the petitioner to continue to be their2 minister which they likewayes presented to the presbytrie And which the presbytrie upon Certain grounds Only knowen to themselves have Nabed hitherto So that the poor parish has not hade preaching these severall years bygone And the petitioner being resolved to have the said parochin (and the petitioner wishes may doe more for their edification then he hade don) And albeit by his presentation Collation and instruction haveing continued to preach and pray for their majesties as said is, He hade good and undoubted right to the modified stipend of the said parish and much more the samen being fortified ay the said Calls as also albeit it could be pretended that the said kirk3 was4 vaccant as it wes not, yet the Duke of Queensburry patron therof, to prevent all pretence of debate that may aryss theranent Has given his Consent that the Stipend of the said pairs for this present Cropt and year Jaj vjc nyntie thrie In caice ther be no minister institute betwixt and Michellmiss nixt and all bygone years resting unpayed be payed to the petitioner And that the saids Lords would interpone their authority therto for that effect Lykeas the petitioner has still continued within the parish And has upon his oun proper charges caused repair the church of the said parish which cost him the greatest part of ane years stipend And Therfore Humbly Craveing the saids Lords to Consider the premisses and interpose their authoritie in ordaineing the stipend of the said parish for this present cropt and year Jaj vjc nyntie thrie in caice ther be no minister institute betwixt and Micheallmiss nixt and all bygone years resting unpayed to be payed into the petitioner Conforme to the Decreet of Localitie of the Samen parish, And as they have been in use to pay him since his entrie to the ministrie at the said kirk as the petition bears The Lords of their Majesties privy Councill Haveing Considered this petition given in to them be the above Mr Androw Hamilton with the consent of his Grace the Duke of Queensburry mentioned therin And produced therwith, They heirby allow to the petitioner the stipend of the kirk of Midlbie for the haill Cropt and year of god Jaj vjc nyntie thrie in caice ther shall be no minister institute at the said kirk betwixt and Michellmiss nixt to come, And for all bygones resting since the petitioners entrie to the said kirk, And ordaines him to be readiely answered obeyed and payed therof be the present heritors wodsetters Lyferenters and others Lyable in payment of the Same, And Ordaines letters of horning under the Signet of Councill to be direct at his instance against them for that effect upon productione of a decreet of Locallity, And in caice ther be non ordaines these Lyable to make payment of their respective proportiones of the said years stipend and bygones as a forsaid, as they shall be decerned be the Judge ordinary; The petitioner haveing befor extracting heirof sworn and signed the oath of alledgance and signed the assurance to their Majesties King William and Queen Marry And that in presence of the one of the Lords of privy Councill.

1. NRS, PC2/24, 234r-235r.

2. Insertion.

3. One illegible word scored out here.

4. Insertion.

1. NRS, PC2/24, 234r-235r.

2. Insertion.

3. One illegible word scored out here.

4. Insertion.