Tag Archives: June

Act, 29 June 1699, Edinburgh

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Att Edinburgh the Twenty Nynth day of June Jaj vic nyntie nyne years

D1699/6/71

Act

Act Maxwell of Sprinkell for a stipend

Anent a Petition given in to the Lords of his Majesties privy Councill be Sir Patrick Maxwell of Sprinkell, The Lairds of Woodhouse, Core, and Mosknow, for themselves and in name of the rest of the heritors and parishioners of Kirkpatrick Fleeming in Annandale Shewing That wher the said kirk of Kirkpatrick and the Manse are altogither ruinous So that Neither the minister the minister now setled amongst the 2 petitioners has ane house to Live in, nor is their any Convenient place for the publict worship of God near the said Church except the open fields, and that ther are severall vaccand stipends of the said Church resting owing by the heritors, And Seing the rebuilding of the said Church and Manse, are as pious and necessar uses (Considering Circumstances above represented) as any the saids Stipends can be applyed to And that the right honorable, The Earle of Annandale patron of the said paroch was most willing the saids stipends be applyed for the ends and uses forsaid and ex super abundante has allowed the petitioners to Implore the saids Lords warrand and authority therto And Therfore Humbly Craveing the saids Lords would grant Warrand and authority to William Whyt in Poldaw or any other persone the saids Lords should think fitt, To Charge for and uplift the haill vaccand Stippends of the said paroch from those lyable in payment therof Conforme to decreet of Locality and to apply the samen for repairing of the said Church and building of ane sufficient manse therat, and finally to be Comptable for the Supperpluse if any be to the said Earle as patron forsaid as the said petition bears The Lords of his Majesties privy Councill Haveing Considered the above petition given in to them by the above Sir Patrick Maxwell and others heritors and parishioners of Kirkpatrick Fleyming in Annandale, And that the Earle of Annandale who is patron of the said kirk Sitting at the Councill board Declared his Consent therto, They hereby allow the vaccant Stipend of the above kirk of Kirkpatrick Fleymeing in Annandale from the terme of Whitsunday Jaj vic Eightie nyne to Mertinmass Jaj vic nyntie seven years to be uplifted and Imployed for the repairation fo the above Kirk and manse Or building a Sufficient new manse to the said Church, And nominats and appoints William Whit in Poledean to be factor for uplifting the said vaccant Stipends, And Decernes and Ordaines the saids factors to be readily answered obeyed and payed of the said vaccant Stipends by the heritors fewars Wodsetters lifrentars titulars tackmen of Teynds tennants possessors and others Lyable in payment of the Same And Ordaines Letters of horning one fiftein dayes under the Signet of horning one fiftein dayes under the Signet of Councill to be direct hereon at the said William Whyte factor his instance against the heritors and others forsaids Lyable in payment of the saids vaccant Stipends upon production of a decreet of Locality And incase ther be non Ordaines the heritors and others forsaids Lyable in payment of the saids vaccand Stipends to make payment therof to the said factor according as they shall be Decerned by the Judge Ordinary, The said William Whyt factor allwayes first before extracting hereof giveing bond and finding sufficient Caution acted in the books of privy Councill that he shall uplift and Imploy the vaccant Stipends of the said kirk dureing the Space above mentioned upon reparatione of the said kirk and manss or rebuilding a new Sufficient Manse, and if any Supperplus of the saids vaccant Stipends Shall remaine in the factors hands more then Shall be Imployed upon the repairation of the Said Kirk and Manse That he shall make Just Compt reckoning and payment to the said Earle of Annandale as patron forsaid of the same to be Imployed upon pious uses within the paroch.

Att Edinburgh the Twenty Nynth day of June Jaj vic nyntie nyne years

D1699/6/71

Act

Act Maxwell of Sprinkell for a stipend

Anent a Petition given in to the Lords of his Majesties privy Councill be Sir Patrick Maxwell of Sprinkell, The Lairds of Woodhouse, Core, and Mosknow, for themselves and in name of the rest of the heritors and parishioners of Kirkpatrick Fleeming in Annandale Shewing That wher the said kirk of Kirkpatrick and the Manse are altogither ruinous So that Neither the minister the minister now setled amongst the 2 petitioners has ane house to Live in, nor is their any Convenient place for the publict worship of God near the said Church except the open fields, and that ther are severall vaccand stipends of the said Church resting owing by the heritors, And Seing the rebuilding of the said Church and Manse, are as pious and necessar uses (Considering Circumstances above represented) as any the saids Stipends can be applyed to And that the right honorable, The Earle of Annandale patron of the said paroch was most willing the saids stipends be applyed for the ends and uses forsaid and ex super abundante has allowed the petitioners to Implore the saids Lords warrand and authority therto And Therfore Humbly Craveing the saids Lords would grant Warrand and authority to William Whyt in Poldaw or any other persone the saids Lords should think fitt, To Charge for and uplift the haill vaccand Stippends of the said paroch from those lyable in payment therof Conforme to decreet of Locality and to apply the samen for repairing of the said Church and building of ane sufficient manse therat, and finally to be Comptable for the Supperpluse if any be to the said Earle as patron forsaid as the said petition bears The Lords of his Majesties privy Councill Haveing Considered the above petition given in to them by the above Sir Patrick Maxwell and others heritors and parishioners of Kirkpatrick Fleyming in Annandale, And that the Earle of Annandale who is patron of the said kirk Sitting at the Councill board Declared his Consent therto, They hereby allow the vaccant Stipend of the above kirk of Kirkpatrick Fleymeing in Annandale from the terme of Whitsunday Jaj vic Eightie nyne to Mertinmass Jaj vic nyntie seven years to be uplifted and Imployed for the repairation fo the above Kirk and manse Or building a Sufficient new manse to the said Church, And nominats and appoints William Whit in Poledean to be factor for uplifting the said vaccant Stipends, And Decernes and Ordaines the saids factors to be readily answered obeyed and payed of the said vaccant Stipends by the heritors fewars Wodsetters lifrentars titulars tackmen of Teynds tennants possessors and others Lyable in payment of the Same And Ordaines Letters of horning one fiftein dayes under the Signet of horning one fiftein dayes under the Signet of Councill to be direct hereon at the said William Whyte factor his instance against the heritors and others forsaids Lyable in payment of the saids vaccant Stipends upon production of a decreet of Locality And incase ther be non Ordaines the heritors and others forsaids Lyable in payment of the saids vaccand Stipends to make payment therof to the said factor according as they shall be Decerned by the Judge Ordinary, The said William Whyt factor allwayes first before extracting hereof giveing bond and finding sufficient Caution acted in the books of privy Councill that he shall uplift and Imploy the vaccant Stipends of the said kirk dureing the Space above mentioned upon reparatione of the said kirk and manss or rebuilding a new Sufficient Manse, and if any Supperplus of the saids vaccant Stipends Shall remaine in the factors hands more then Shall be Imployed upon the repairation of the Said Kirk and Manse That he shall make Just Compt reckoning and payment to the said Earle of Annandale as patron forsaid of the same to be Imployed upon pious uses within the paroch.

1. NRS, PC2/27, 209v-210v.

2. Sic.

1. NRS, PC2/27, 209v-210v.

2. Sic.

Sederunt, 29 June 1699, Edinburgh

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Att Edinburgh the Twenty Nynth day of June Jaj vic nyntie nyne years1

D1699/6/62

Sederunt

Lord Chancelor; Duke of Queensbery P:S:; Earl of Marr; Earl of Mortone; Earl of Buchan; Earl of Galloway; Earl of Lothian; Earl of Lowdone; Earl of Annandale; Lord Strathnaver; Lord Forbes; Lord Advocat; Lord Theserer Deput; Lord Justice Clerk; Lord Halcraig; Lord Rankellor; Mr Fra: Montgomry

Att Edinburgh the Twenty Nynth day of June Jaj vic nyntie nyne years1

D1699/6/62

Sederunt

Lord Chancelor; Duke of Queensbery P:S:; Earl of Marr; Earl of Mortone; Earl of Buchan; Earl of Galloway; Earl of Lothian; Earl of Lowdone; Earl of Annandale; Lord Strathnaver; Lord Forbes; Lord Advocat; Lord Theserer Deput; Lord Justice Clerk; Lord Halcraig; Lord Rankellor; Mr Fra: Montgomry

1. NRS, PC2/27, 209r.

2. NRS, PC2/27, 209r.

1. NRS, PC2/27, 209r.

2. NRS, PC2/27, 209r.

Act, 27 June 1699, Edinburgh

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Att Edinburgh the Twenty Seventh day of June Jaj vic Nyntie Nyne years

D1699/6/51

Act

Act Earle of Marr

Anent a petition given in to the Lords of his Majesties privy Councill be the Patron of the kirk of Clackmanan and John Earle of Marr Livetenent Collonell James Bruce of Kennet heritors of the Said paroch for themselves and the rest of the heritors of the said paroch for them selves and the rest of the heritors therof And Alexander Inglis factor appointed by the Lords of Session for uplifting the rents of the Estate of Clackmanan off which Kirk the Laird of Clackmanan is patron Shewing That wher the kirk of Clackmanen was vaccant and the Stipend therof unuplifted for the years of God Jaj vic Nyntie Seven years Jaj vic nyntie Eight and this present year Jaj vic nyntie nyne Except so much therof as is given out to the minister for preaching as the said kirk in the termes of the act of parliament, and soume therof which has been payed with Consent of the patron for pious uses within the paroch, And Seing the kirk of Clackmanan and Ministers Manse therof was fallen ruinous, and under decay and that the bridge Called Mary bridge being in the high way leading to Stirling and other places in the west was also Decaying So that it was not possible when rains came on or speats or Watter carried own the watter of Divan upon which the said bridge was built and would become ruinous and fall unless the Samen were helped and hade ane other arch annexed therto, And Seing the Condition of the poor in the said paroch was greatly increased in want and their number Multiplied throw the present Straits Dearth and Scarcity of victuall So that the vaccand Stipends forsaids Cannot be better Imployed then upon repairatione of the said kirk, manse and bridge and Supplieing the necessities of the said poor, And Seeing the Patron doeth Consent that the said Stipend be Imployed in maner forsaid and for other pious uses within the same As his Consent therwith produced would testifie which was testified by his subscription hereof And Therfore Humbly Craveing the saids Lords would be pleased To allow the Stipends forsaids to be Imployed for the ends and uses above mentioned at sight of the petitioners, and to nominat and appoint the said Livetenent Collonell James Bruce of Kenett one of the petitioners to be factor for ulifting2 the saids stipends and he should find Cautione to Imploy the Same to the ends and usses and with exceptiones abovementioned And to Ordaine these Lyable in payment to make payment of the Same in Comon Styll as the petition bears, The Lords of his Majesties privy Councill Haveing Considered this petition given in to them by the above patron of the kirk of Clackmanan, The Earle of Marr and others with Consent of the patron They hereby Allow the Stipend of the above kirk of Clackmanan for the years Jaj vic Nyntie Seven, Nyntie Eight and Jaj vic Nyntie Nyne (except so much therof as is given out to Ministers for preaching at the said kirk in the termes of the act of parliament, And that part therof which has been payed with Consent of the patron for pious uses within the paroch) to be Imployed for repairing the kirk and Manse of Clackmanan and the above bridge Called Mary Bridge And for Supplying the Necessities of the poor of the said parish as is abovementioned, and that at the Sight of the petitioners, And nominats and appoints Livetenent Colonell James Bruce of Kenet ane of the petitioners to be factor for uplifting the saids Stipends or so much therof as is resting as said is, And Ordaines the said Livtennant Collonell James Bruce to be readily answered obeyed and payed of the said Stipends by the heritors fewars wodsetters Lifrentars titulars tacksmen of teynds tennents possessors and others Lyable in payment of the Samen; And Ordaines Letters of Horning On Fiftein dayes under the Signet of Councill and others needfull to be direct hereon at the said factors instance against the heritors and others Lyable in payment of the saids Stipends upon production of a decreet of Locallity, and in case ther be non Ordaines the heritors and others forsaids Lyable in payment of the saids stipends to make payment therof to the saids factors of their respective proportions of the same according as they shall be decerned by the Judge Ordinary, In respect3 The said Livetenent Collonell James Bruce factor before extracting hereof has given bond and found Sufficient Caution acted in the books of privy Councill, That he shall Imploy the saids Stipends for the ends and uses forsaids at the Sight of the saids petitioners.

Att Edinburgh the Twenty Seventh day of June Jaj vic Nyntie Nyne years

D1699/6/51

Act

Act Earle of Marr

Anent a petition given in to the Lords of his Majesties privy Councill be the Patron of the kirk of Clackmanan and John Earle of Marr Livetenent Collonell James Bruce of Kennet heritors of the Said paroch for themselves and the rest of the heritors of the said paroch for them selves and the rest of the heritors therof And Alexander Inglis factor appointed by the Lords of Session for uplifting the rents of the Estate of Clackmanan off which Kirk the Laird of Clackmanan is patron Shewing That wher the kirk of Clackmanen was vaccant and the Stipend therof unuplifted for the years of God Jaj vic Nyntie Seven years Jaj vic nyntie Eight and this present year Jaj vic nyntie nyne Except so much therof as is given out to the minister for preaching as the said kirk in the termes of the act of parliament, and soume therof which has been payed with Consent of the patron for pious uses within the paroch, And Seing the kirk of Clackmanan and Ministers Manse therof was fallen ruinous, and under decay and that the bridge Called Mary bridge being in the high way leading to Stirling and other places in the west was also Decaying So that it was not possible when rains came on or speats or Watter carried own the watter of Divan upon which the said bridge was built and would become ruinous and fall unless the Samen were helped and hade ane other arch annexed therto, And Seing the Condition of the poor in the said paroch was greatly increased in want and their number Multiplied throw the present Straits Dearth and Scarcity of victuall So that the vaccand Stipends forsaids Cannot be better Imployed then upon repairatione of the said kirk, manse and bridge and Supplieing the necessities of the said poor, And Seeing the Patron doeth Consent that the said Stipend be Imployed in maner forsaid and for other pious uses within the same As his Consent therwith produced would testifie which was testified by his subscription hereof And Therfore Humbly Craveing the saids Lords would be pleased To allow the Stipends forsaids to be Imployed for the ends and uses above mentioned at sight of the petitioners, and to nominat and appoint the said Livetenent Collonell James Bruce of Kenett one of the petitioners to be factor for ulifting2 the saids stipends and he should find Cautione to Imploy the Same to the ends and usses and with exceptiones abovementioned And to Ordaine these Lyable in payment to make payment of the Same in Comon Styll as the petition bears, The Lords of his Majesties privy Councill Haveing Considered this petition given in to them by the above patron of the kirk of Clackmanan, The Earle of Marr and others with Consent of the patron They hereby Allow the Stipend of the above kirk of Clackmanan for the years Jaj vic Nyntie Seven, Nyntie Eight and Jaj vic Nyntie Nyne (except so much therof as is given out to Ministers for preaching at the said kirk in the termes of the act of parliament, And that part therof which has been payed with Consent of the patron for pious uses within the paroch) to be Imployed for repairing the kirk and Manse of Clackmanan and the above bridge Called Mary Bridge And for Supplying the Necessities of the poor of the said parish as is abovementioned, and that at the Sight of the petitioners, And nominats and appoints Livetenent Colonell James Bruce of Kenet ane of the petitioners to be factor for uplifting the saids Stipends or so much therof as is resting as said is, And Ordaines the said Livtennant Collonell James Bruce to be readily answered obeyed and payed of the said Stipends by the heritors fewars wodsetters Lifrentars titulars tacksmen of teynds tennents possessors and others Lyable in payment of the Samen; And Ordaines Letters of Horning On Fiftein dayes under the Signet of Councill and others needfull to be direct hereon at the said factors instance against the heritors and others Lyable in payment of the saids Stipends upon production of a decreet of Locallity, and in case ther be non Ordaines the heritors and others forsaids Lyable in payment of the saids stipends to make payment therof to the saids factors of their respective proportions of the same according as they shall be decerned by the Judge Ordinary, In respect3 The said Livetenent Collonell James Bruce factor before extracting hereof has given bond and found Sufficient Caution acted in the books of privy Councill, That he shall Imploy the saids Stipends for the ends and uses forsaids at the Sight of the saids petitioners.

1. NRS, PC2/27, 208r-209r.

2. Sic.

3. The words ‘In respect’ is an insertion.

1. NRS, PC2/27, 208r-209r.

2. Sic.

3. The words ‘In respect’ is an insertion.

Decreet, 27 June 1699, Edinburgh

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Att Edinburgh the Twenty Seventh day of June Jaj vic Nyntie Nyne years

D1699/6/41

Decreet

Process for no insist The Magsitrats of Aberdeen Against Jean Skeen

The Which Day in presence of the Lords of his Majesties privy Councill Compeared Patrick Count Lessly, John Allardyce younger present Baillie of Aberdeen, Alexander Forbes Baillie ther and Mr Robert Irvine of Cults and each of them produced Copie of a lybell or Letters of Complaint raised before the saids Lords at the instance of Jean Skeen daughter to the deceast James Skeen merchant in Aberdeen Wherby the saids Patrick Count Lessly John Allardyce, Alexander Forbes and Mr Robert Irvine and Alexander Walker Late provest of Aberdeen, baillie James Milne late Dean of Gild Alexander Abercrombie of Alwhorsk Thomas Gordon, and John Gordon his father merchant ther Jean Gordon daughter to the said John Gordon merchant ther James Smith relict of John Forbes, Robert Hay James Irvine and John Ritchie toune officers ther were Sumoned To have Compeared before the Lords of his Majesties privy Councill this day Toutching the saids haill defenders their haveing Committed a manifast Ryot upon the said pursuer by comeing to her house in Aberdeen to have brock up the same (and haveing returned againe) Finding the house Shutt in the first place be sett the house both at the fore gate and back, and brock up the door, and therafter threatned to draw the pursuer by the nose and Caried her away Notwithstanding severall persones offered to bind themselves to present her to answer to what could be Laid against her And She had been almost killed by ane rable in the way and Laid her in the Tolbooth and exacted a fyne of Twentie Shilling Sterling from her, And Shew That the day of Compearance Contained in the Copies to which the saids defenders were Cited Was now come And that the said Jean Skeen pursuer failled to Compear and insist in the forsaid lybell and Complaint, albeit the saids defenders were all wayes ready to have answered to the forsaid lybell or Letters of Complaint, And Therfore Protested that the saids defenders might not be Lyable to answer to the said Lybell or Letters of Complaint untill they be of new cited againe for that effect and their expensses refounded to them Whilk protestatione The saids Lords Have Admitted and hereby Admitts, Attour The Saids Lords of his Majesties privy Councill Have Modified and hereby Modifies the Soume of Fiftein pounds Scots of expences to be payed by the said Jean Skeen to the Saids defenders to be divided equally amongst them, And Ordaines Letters of horning on fiftein dayes and others needfull under the Signet of Councill to be direct hereon in forme as effeirs.

Att Edinburgh the Twenty Seventh day of June Jaj vic Nyntie Nyne years

D1699/6/41

Decreet

Process for no insist The Magsitrats of Aberdeen Against Jean Skeen

The Which Day in presence of the Lords of his Majesties privy Councill Compeared Patrick Count Lessly, John Allardyce younger present Baillie of Aberdeen, Alexander Forbes Baillie ther and Mr Robert Irvine of Cults and each of them produced Copie of a lybell or Letters of Complaint raised before the saids Lords at the instance of Jean Skeen daughter to the deceast James Skeen merchant in Aberdeen Wherby the saids Patrick Count Lessly John Allardyce, Alexander Forbes and Mr Robert Irvine and Alexander Walker Late provest of Aberdeen, baillie James Milne late Dean of Gild Alexander Abercrombie of Alwhorsk Thomas Gordon, and John Gordon his father merchant ther Jean Gordon daughter to the said John Gordon merchant ther James Smith relict of John Forbes, Robert Hay James Irvine and John Ritchie toune officers ther were Sumoned To have Compeared before the Lords of his Majesties privy Councill this day Toutching the saids haill defenders their haveing Committed a manifast Ryot upon the said pursuer by comeing to her house in Aberdeen to have brock up the same (and haveing returned againe) Finding the house Shutt in the first place be sett the house both at the fore gate and back, and brock up the door, and therafter threatned to draw the pursuer by the nose and Caried her away Notwithstanding severall persones offered to bind themselves to present her to answer to what could be Laid against her And She had been almost killed by ane rable in the way and Laid her in the Tolbooth and exacted a fyne of Twentie Shilling Sterling from her, And Shew That the day of Compearance Contained in the Copies to which the saids defenders were Cited Was now come And that the said Jean Skeen pursuer failled to Compear and insist in the forsaid lybell and Complaint, albeit the saids defenders were all wayes ready to have answered to the forsaid lybell or Letters of Complaint, And Therfore Protested that the saids defenders might not be Lyable to answer to the said Lybell or Letters of Complaint untill they be of new cited againe for that effect and their expensses refounded to them Whilk protestatione The saids Lords Have Admitted and hereby Admitts, Attour The Saids Lords of his Majesties privy Councill Have Modified and hereby Modifies the Soume of Fiftein pounds Scots of expences to be payed by the said Jean Skeen to the Saids defenders to be divided equally amongst them, And Ordaines Letters of horning on fiftein dayes and others needfull under the Signet of Councill to be direct hereon in forme as effeirs.

1. NRS, PC2/27, 207r-208r.

1. NRS, PC2/27, 207r-208r.

Sederunt, 27 June 1699, Edinburgh

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Att Edinburgh the Twenty Seventh day of June Jaj vic Nyntie Nyne years1

D1699/6/32

Sederunt

Lord Chancelor; Earl of Marr; Earl of Galloway; Earl of Lauderdale; Earl of Lowdone; Earl of Leven; Lord Strathnaver; Lord Forbes; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Halcraig; Lord Rankeillor; Lord Phesdoe; Laird of Blackbarony; Laird of Cessnock

Att Edinburgh the Twenty Seventh day of June Jaj vic Nyntie Nyne years1

D1699/6/32

Sederunt

Lord Chancelor; Earl of Marr; Earl of Galloway; Earl of Lauderdale; Earl of Lowdone; Earl of Leven; Lord Strathnaver; Lord Forbes; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Halcraig; Lord Rankeillor; Lord Phesdoe; Laird of Blackbarony; Laird of Cessnock

1. NRS, PC2/27, 207r.

2. NRS, PC2/27, 207r.

1. NRS, PC2/27, 207r.

2. NRS, PC2/27, 207r.

Judicial Proceeding: protestation, 20 June 1699, Edinburgh

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Att Edinburgh The Twentie day of June Jaj vic Nyntie Nyne years

D1699/6/21

Judicial Proceeding: protestation

Protestation for no insisting Stewart and Mcandish against Agnew younger of Lochnaw persewer

The Which Day In presence of the Lords of his Majesties privy Councill Compeared John Stewart of Phesgill and William Mcindish one of the present baillies of Whythorne, and produced a Copie of a Lybell or Letters of Complaint raised before the saids Lords at the instance of James Agnew younger of Lochnaw Shirreff of Wigtoune against them Wherby, the said John Stewart and William Mcendish defenders were Sumoned to have Compeared before the saids Lords of his Majesties privy Councill this day Toutching the saids John Stewart and William Mcandish Committing of a manifest Ryot Lybelled in deferring and opposing the said James Agnew younger of Lochnaw and his officers and procurators Fiscall In searching and trying for persons Who were guilty of Stealling foods within the Shirefdom of Wigtoune and toune of Whithorne and regallity of the Samen as the said Copie of the date the […] day of […] Last bypast at more Length proports And Shew that the day of Compearance Contained in the said Copie to which the saids two persones were cited was come and that the said James Agnew younger of Lochnaw pursuer failled to COmpear and insist in the forsaid lybell or Letters of Complaint albeit the said John Stewart and William Mcandish were allwayes ready to have answered to the forsaid lybell or Letter of Complaint And Therfore Protested that the saids two persones might not be Lyable to answer to the said lybell or Letters of Complaint untill they be of new cited againe for that effect And their expence refounded to them, Whilk protestation The saids Lords have Admitted and hereby Admitts, Attour the saids Lords of his majesties privy Councill have Modified and hereby Modifies the Soume of Fiftein pounds Scots of expenss to be payed by the said James Agnew younger of Lochnaw to the saids John Stewart and William Mcandish to be divided equally betuixt them, And Ordaines Letters of horning under the Signet of Councill to be direct for payment of the said expence and answers upon the premisses in forme as Effeirs.

Att Edinburgh The Twentie day of June Jaj vic Nyntie Nyne years

D1699/6/21

Judicial Proceeding: protestation

Protestation for no insisting Stewart and Mcandish against Agnew younger of Lochnaw persewer

The Which Day In presence of the Lords of his Majesties privy Councill Compeared John Stewart of Phesgill and William Mcindish one of the present baillies of Whythorne, and produced a Copie of a Lybell or Letters of Complaint raised before the saids Lords at the instance of James Agnew younger of Lochnaw Shirreff of Wigtoune against them Wherby, the said John Stewart and William Mcendish defenders were Sumoned to have Compeared before the saids Lords of his Majesties privy Councill this day Toutching the saids John Stewart and William Mcandish Committing of a manifest Ryot Lybelled in deferring and opposing the said James Agnew younger of Lochnaw and his officers and procurators Fiscall In searching and trying for persons Who were guilty of Stealling foods within the Shirefdom of Wigtoune and toune of Whithorne and regallity of the Samen as the said Copie of the date the […] day of […] Last bypast at more Length proports And Shew that the day of Compearance Contained in the said Copie to which the saids two persones were cited was come and that the said James Agnew younger of Lochnaw pursuer failled to COmpear and insist in the forsaid lybell or Letters of Complaint albeit the said John Stewart and William Mcandish were allwayes ready to have answered to the forsaid lybell or Letter of Complaint And Therfore Protested that the saids two persones might not be Lyable to answer to the said lybell or Letters of Complaint untill they be of new cited againe for that effect And their expence refounded to them, Whilk protestation The saids Lords have Admitted and hereby Admitts, Attour the saids Lords of his majesties privy Councill have Modified and hereby Modifies the Soume of Fiftein pounds Scots of expenss to be payed by the said James Agnew younger of Lochnaw to the saids John Stewart and William Mcandish to be divided equally betuixt them, And Ordaines Letters of horning under the Signet of Councill to be direct for payment of the said expence and answers upon the premisses in forme as Effeirs.

1. NRS, PC2/27, 206v-207r.

1. NRS, PC2/27, 206v-207r.

Sederunt, 20 June 1699, Edinburgh

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Att Edinburgh The Twentie day of June Jaj vic Nyntie Nyne years1

D1699/6/12

Sederunt

Lord Chancelor; Earl of Melvill P.C.; Duke of Queensberry P:S:; Earl of Marr; Earl of Mortone; Earl of Buchan; Earl of Galloway; Earl of Lauderdale; Earl of Lowdone; Earl of Leven; Earl of Anandale; Earl of Northesk; Viscount Seafeild S:; Lord Strathnaver; Lord Montgomrie; Lord Carmichaell S:; Lord Forbes; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Mr Fra: Montgomry; Laird of Blackbarony; Laird of Stevenson; Laird of Cessnock; Lord Provost of Edinburgh

Att Edinburgh The Twentie day of June Jaj vic Nyntie Nyne years1

D1699/6/12

Sederunt

Lord Chancelor; Earl of Melvill P.C.; Duke of Queensberry P:S:; Earl of Marr; Earl of Mortone; Earl of Buchan; Earl of Galloway; Earl of Lauderdale; Earl of Lowdone; Earl of Leven; Earl of Anandale; Earl of Northesk; Viscount Seafeild S:; Lord Strathnaver; Lord Montgomrie; Lord Carmichaell S:; Lord Forbes; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Mr Fra: Montgomry; Laird of Blackbarony; Laird of Stevenson; Laird of Cessnock; Lord Provost of Edinburgh

1. NRS, PC2/27, 206v

2. NRS, PC2/27, 206v.

1. NRS, PC2/27, 206v

2. NRS, PC2/27, 206v.

Act, 28 June 1698, Edinburgh

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Att Edinburgh the tuenty eight day of June Jaj vic nyntie eight years

D1698/6/221

Act

Act Captain John Slezer

Anent the petition given into the Lords of his majesties privy Councill By Captain John Slezer Shewing That when Last their Lordships had under ther Consideration the matter of what was due to John Adair and the petitioner for ther respective works payable out of the tunage money Ther Lordships were diverted by some more Important affairs wherby they could not then Cognose upon nor state the petitioners accompt of depursements which is of so Great Concerne to the petitioner That It would Intirely ruine his family if he should happen to dye without having these accompts Stated And Since the petitioner hath now very farr advanced this work of Late And that he Intends to Lay all that he hath done before the nixt Session of parliament wherby to demonstrat his fidelity and paines in the matter And therfor Humbly Craving their Lordships to appoint Some of their number to advise Cognose upon and State the accompt of the petitioners depursements expended upon his work In manner mentioned in the Act of parliament in his favoures as the said petition at Length bears Which petition being upon the tuenty third instant read in presence of the saids Lords They appointed a Committie of their oune Number to revise and Cognose the state of the petitioners depursements expended upon his work And to Consider and revise the said work itself as it is done And which Committie having accordingly mett They returned ther report to the Councill Bearing That they having Considered ane accompt given in by Captain Slezer And having veued and taken Inspection of Captain Slezers work They find by the accompt produced that ther is Stated depursed be Captain Slezer upon his work ane Thousand fyve hundred and nyntie pounds Sterline so that ther is yet resting to Captain Slezer for depursements Ane Thousand ane hundred and Nyntie pounds Sterline And since tyme does not allow the Committie to take further Inspection of the Captains work It is ther opinion that ane Hundred pounds Sterline be alloued to the Captaine out of the fond of the Tunage to be payed by Jarvisuood Receaver of the Tunage out of the first and readiest therof And that for remitting money to pay Some draughts and plaits which the Captain is bringing from London that they may be here to be produced before the parliament in tyme And the Committie are of opinion That his Majesties privie Councill doe appoint a Committie to revise the historicall pairt of Captain Slezers description of the antient state of Scotland if the Same be true and rightly done And Captain Slezer obleiges himself to produce his haill work on how farr he hes proceeded therin to the ensuing Session of parliament The Saids Lords of his Majesties privie Councill Having this day Considered the above report They hereby approve therof And doe heirby Give order and warrand to George Baillie of Jarviswood Receaver of the said tunage To make payment to the said Captain Slezer of the Soume of ane Hundred pounds Sterline out of the first and readiest of the said tunage money for Enabling him to pay for some draughts and plaits which the said Captain is bringing from London That they may be here to be produced in tyme before the parliament And The Councill doe heirby Recommend to the Earle of Lauderdale The Lord Viscount of Tarbat and the Lord Anstruther And nominats and appointes them to be a Committie to revise the historicall part of the said Captain Slezer his description of the ancient state of Scotland if the Same be true and rightly done.

Att Edinburgh the tuenty eight day of June Jaj vic nyntie eight years

D1698/6/221

Act

Act Captain John Slezer

Anent the petition given into the Lords of his majesties privy Councill By Captain John Slezer Shewing That when Last their Lordships had under ther Consideration the matter of what was due to John Adair and the petitioner for ther respective works payable out of the tunage money Ther Lordships were diverted by some more Important affairs wherby they could not then Cognose upon nor state the petitioners accompt of depursements which is of so Great Concerne to the petitioner That It would Intirely ruine his family if he should happen to dye without having these accompts Stated And Since the petitioner hath now very farr advanced this work of Late And that he Intends to Lay all that he hath done before the nixt Session of parliament wherby to demonstrat his fidelity and paines in the matter And therfor Humbly Craving their Lordships to appoint Some of their number to advise Cognose upon and State the accompt of the petitioners depursements expended upon his work In manner mentioned in the Act of parliament in his favoures as the said petition at Length bears Which petition being upon the tuenty third instant read in presence of the saids Lords They appointed a Committie of their oune Number to revise and Cognose the state of the petitioners depursements expended upon his work And to Consider and revise the said work itself as it is done And which Committie having accordingly mett They returned ther report to the Councill Bearing That they having Considered ane accompt given in by Captain Slezer And having veued and taken Inspection of Captain Slezers work They find by the accompt produced that ther is Stated depursed be Captain Slezer upon his work ane Thousand fyve hundred and nyntie pounds Sterline so that ther is yet resting to Captain Slezer for depursements Ane Thousand ane hundred and Nyntie pounds Sterline And since tyme does not allow the Committie to take further Inspection of the Captains work It is ther opinion that ane Hundred pounds Sterline be alloued to the Captaine out of the fond of the Tunage to be payed by Jarvisuood Receaver of the Tunage out of the first and readiest therof And that for remitting money to pay Some draughts and plaits which the Captain is bringing from London that they may be here to be produced before the parliament in tyme And the Committie are of opinion That his Majesties privie Councill doe appoint a Committie to revise the historicall pairt of Captain Slezers description of the antient state of Scotland if the Same be true and rightly done And Captain Slezer obleiges himself to produce his haill work on how farr he hes proceeded therin to the ensuing Session of parliament The Saids Lords of his Majesties privie Councill Having this day Considered the above report They hereby approve therof And doe heirby Give order and warrand to George Baillie of Jarviswood Receaver of the said tunage To make payment to the said Captain Slezer of the Soume of ane Hundred pounds Sterline out of the first and readiest of the said tunage money for Enabling him to pay for some draughts and plaits which the said Captain is bringing from London That they may be here to be produced in tyme before the parliament And The Councill doe heirby Recommend to the Earle of Lauderdale The Lord Viscount of Tarbat and the Lord Anstruther And nominats and appointes them to be a Committie to revise the historicall part of the said Captain Slezer his description of the ancient state of Scotland if the Same be true and rightly done.

1. NRS, PC2/27, 129v-130r.

1. NRS, PC2/27, 129v-130r.

Act, 28 June 1698, Edinburgh

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Att Edinburgh the tuenty eight day of June Jaj vic nyntie eight years

D1698/6/211

Act

Act Adam Craick

Anent the petition given in to the Lords of his Majesties privie Councill By Adam Craick of Ardbigland within the parochine of Kirkbaine in the presbytrie of Drumfreis with Consent of the said presbytrie Shewing That the said kirk having been vaccant for these severall years bypast Is therby with the manse belonging to the Same, became altogither ruinous so as the kirk Cannot be gott planted untill it be repaired and a Convenient habitation be provyded for by the Minister And albeit by the 18 Act parliament 1685 and severall other acts of parliament Since the revolution It be expressly provyded that vaccant Stipends Shall in the first place be Imployed for repairing of Kirk Kirkyeard dykes and manse of the saids paroches and other pious uses uithin the Same yet the Laird of Kirkhouse upon pretence of being patron tho a knouen papist hes taken upon himself these severall years bypast to dispose upon the vacant Stipends of the said paroch for ends quyte Contrair and different and not appointed by Act of parliament And even this year is about to dispose of the same for payment of his oun privat debts And Seing at the desire of the presbytrie by whose Advyse and Consent the Superplus of vacant Stipends wher the patrons are papists are to be disposed of Conform to the 23 Act parliament 1696 The petitioner hath been prevailled with to apply to their Lordship for ther warrand and authority to Intromett with and uplift the vaccant Stipend of the said paroch of Kirkbane for the Last halfe year preceeding whitsunday 1698 And Lykewayes for the halfe year that shall be due at Mertimes nixt to Come in case the said kirk shall not be planted upon the petitioners Giving bond and finding Sufficient Cautione to apply the samen in the first place for reparation of the kirk kirk yeard dykes and manse at sight of the presbytrie of Drumfreis And to Imploy the Superplus therof upon other pious uses uithin the said parioch by advyce and appointment of the said presbytrie Conform to the Act of parliament And therfor Humbly Craving to the effect underwryten as the said petition bears The Saids Lords Having Considered the forsaid petition They doe heirby Give and allow to the said petitioner the Stipend of the said kirk of Kirkbane and that for the haill Cropt and year of god Jaj vic nyntie eight years instant To be applyed by him with advyce of the presbytrie in the first place for repairing of the said kirk kirk yeard dykes and manse of the paroch of Kirkbane and the Superplus upon other pious uses uithin the paroch by advyce and appointment of the said presbytrie of Drumfreis And Decernes and ordaines the petitione to be readily ansuered obeyed and payed of the said years Stipend by the heretors feuars wodsetters Liferenters titulars tacksemen of teynds tennents possessors and others Lyable in payment therof And ordaines Letters of horning on fifteen dayes and others needfull under the Signet of Councill to be direct heiron at the petitioners instance against the heretors and others forsaids Lyable in payment of the Same upon productione of a decreit of Locality And in case ther be none ordaines the heretors and others forsaids to make payment of ther respective proportiones of the Same according as they shall be decerned by the Judge ordinary In respect the petitioner before extracting hath Given bond and found Sufficient Caution acted in the books of privie Councill That he shall apply the said stipend of Kirkbane for this haill year Jaj vic nyntie eight uith advyce of the presbytrie in the first place for repairing of the said kirk kirkyeard dykes and manse of the said paroch of Kirkbane and the Superplus upon other pious uses uithin the said paroch by advyce and appointment of the said presbytrie

Att Edinburgh the tuenty eight day of June Jaj vic nyntie eight years

D1698/6/211

Act

Act Adam Craick

Anent the petition given in to the Lords of his Majesties privie Councill By Adam Craick of Ardbigland within the parochine of Kirkbaine in the presbytrie of Drumfreis with Consent of the said presbytrie Shewing That the said kirk having been vaccant for these severall years bypast Is therby with the manse belonging to the Same, became altogither ruinous so as the kirk Cannot be gott planted untill it be repaired and a Convenient habitation be provyded for by the Minister And albeit by the 18 Act parliament 1685 and severall other acts of parliament Since the revolution It be expressly provyded that vaccant Stipends Shall in the first place be Imployed for repairing of Kirk Kirkyeard dykes and manse of the saids paroches and other pious uses uithin the Same yet the Laird of Kirkhouse upon pretence of being patron tho a knouen papist hes taken upon himself these severall years bypast to dispose upon the vacant Stipends of the said paroch for ends quyte Contrair and different and not appointed by Act of parliament And even this year is about to dispose of the same for payment of his oun privat debts And Seing at the desire of the presbytrie by whose Advyse and Consent the Superplus of vacant Stipends wher the patrons are papists are to be disposed of Conform to the 23 Act parliament 1696 The petitioner hath been prevailled with to apply to their Lordship for ther warrand and authority to Intromett with and uplift the vaccant Stipend of the said paroch of Kirkbane for the Last halfe year preceeding whitsunday 1698 And Lykewayes for the halfe year that shall be due at Mertimes nixt to Come in case the said kirk shall not be planted upon the petitioners Giving bond and finding Sufficient Cautione to apply the samen in the first place for reparation of the kirk kirk yeard dykes and manse at sight of the presbytrie of Drumfreis And to Imploy the Superplus therof upon other pious uses uithin the said parioch by advyce and appointment of the said presbytrie Conform to the Act of parliament And therfor Humbly Craving to the effect underwryten as the said petition bears The Saids Lords Having Considered the forsaid petition They doe heirby Give and allow to the said petitioner the Stipend of the said kirk of Kirkbane and that for the haill Cropt and year of god Jaj vic nyntie eight years instant To be applyed by him with advyce of the presbytrie in the first place for repairing of the said kirk kirk yeard dykes and manse of the paroch of Kirkbane and the Superplus upon other pious uses uithin the paroch by advyce and appointment of the said presbytrie of Drumfreis And Decernes and ordaines the petitione to be readily ansuered obeyed and payed of the said years Stipend by the heretors feuars wodsetters Liferenters titulars tacksemen of teynds tennents possessors and others Lyable in payment therof And ordaines Letters of horning on fifteen dayes and others needfull under the Signet of Councill to be direct heiron at the petitioners instance against the heretors and others forsaids Lyable in payment of the Same upon productione of a decreit of Locality And in case ther be none ordaines the heretors and others forsaids to make payment of ther respective proportiones of the Same according as they shall be decerned by the Judge ordinary In respect the petitioner before extracting hath Given bond and found Sufficient Caution acted in the books of privie Councill That he shall apply the said stipend of Kirkbane for this haill year Jaj vic nyntie eight uith advyce of the presbytrie in the first place for repairing of the said kirk kirkyeard dykes and manse of the said paroch of Kirkbane and the Superplus upon other pious uses uithin the said paroch by advyce and appointment of the said presbytrie

1. NRS, PC2/27, 129r-129v.

1. NRS, PC2/27, 129r-129v.

Sederunt, 28 June 1698, Edinburgh

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Att Edinburgh the tuenty eight day of June Jaj vic nyntie eight years1

D1698/6/202

Sederunt

Earl of Southerland; Earl of Lauderdale; Earl of Annandale P; Earl of Ruglen; Lord Yester; Viscount Tarbat; Lord Belhaven; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Philiphaugh; Lord Funtainhall; Lord Anstruther; Laird of Pollock; Laird of Blackbarrony; Laird of Leyes; Sir Patrick Murray

Att Edinburgh the tuenty eight day of June Jaj vic nyntie eight years1

D1698/6/202

Sederunt

Earl of Southerland; Earl of Lauderdale; Earl of Annandale P; Earl of Ruglen; Lord Yester; Viscount Tarbat; Lord Belhaven; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Philiphaugh; Lord Funtainhall; Lord Anstruther; Laird of Pollock; Laird of Blackbarrony; Laird of Leyes; Sir Patrick Murray

1. NRS, PC2/27, 129r.

2. NRS, PC2/27, 129r.

1. NRS, PC2/27, 129r.

2. NRS, PC2/27, 129r.