Tag Archives: June

Act, 29 June 1697, Edinburgh

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Att Edinburgh the twentie nynth of Jwne Jaj vic nyntie seven yeirs

D1697/6/231

Act

Act Commissioners of the Shyre of Edinburgh anent repaireing Highwayes

Anent the petitione given in to the Lords of his majesties privie Counsell by the Commissioners of Supply and Jwstices of peace of the Shyre of Edinburgh Shewing That wher It is ane of the particular instructiones in the petitioners Commissione And they have allwayes made it a great pairt of ther work to take notice of and to amend and repaire the Callseyes and bridges of the Shyre which they have bein assisted and helped to doe by ther Lordships act and gift to them of a Small pettie Custome of six pennies on ilk Loaded cairt and two pennies Scotts on ilk Loaded horse passing the high way of the Shyre which albeit it comes to a small sowme per annum yet by the petitioners manadgement therof for severall yeirs bygone it hes made the highwayes and Some of the bridges in some tollerable caice as is well knowen to all passangers But ther are many of the high wayes not so well repaired as may be and severall of the bridges in hazard to fall and Some new bridges and Callseyes begwn but not completed which gives occasione to the petitioners to address ther Lordships for a continwatione of the said pettie Cwstome which does expyre in Jwlly next and hes bein hitherto well imployed by the petitioners order as will appear from ane accompt therwith produced for six yeirs bygone And which custome if continwed will not only make the bridges of the Shyre in good caise But also doe much to help to repaire the highwayes and compleate Some highwayes and Litle bridges alreadie begwn And therfore humbly craveing to the effect eftermentioned As the said petitione at Length bears Which petitione being upon the tenth day of Jwne instant read in presence of the saids Lords of his majesties privie Cownsell They appointed a Comitie of ther own number to consider the same with the former act of Counsell made in favoures of the petitioners of this petty Cwstome with the acts of parliament made anent repaireing of highwayes with the accompt prodwced with the petitione And to report ther opinion therin to the Cownsell which Comitie haveing accordinglie met they made ther report in the termes following Viz That they haveing considered the accompt (1mo) how the pettie Customes of Edinburgh Shyre have bein bestowed and imployed they find the articles of the said accompt Sufficientlie instrwcted be precepts of the Commissioners and recepts conforme And it is the opinion of the Comitie that the pettie Customes be continwed for thrie yeirs Comenceing from the first of Jwllie next to come and it be recommended to the Earle of Lawderdale and some of the Commissioners to receave in the generall collector of these pitty Customes his accompts And to discharge him if they find Jwst And the saids Lords of his majesties privie Counsell haveing this day considered the above report they approved therof and have Continwed and allowed and heirby continwes and allowes the foirsaid petty Custome of six pennies Scotts on ilk Loaded cairt and two pennies Scotts on ilk Loaded horse for the space of their yeirs yet to rwne Commenceing from the first day of Jwllie next to come and appoints the impositione heirby granted to be imployed in the first place for repaireing his majesties publict highwayes And Discharges any pairt of it to be imployed upon helping of privat wayes till all the publict highwayes be Sufficiently repaired And recomends to The Earle of Lauderdale and Such of the Commissioners of Supply within the Shyre as they shall appoint to receave in the generall collector of the saids pettie Customes his accompts and to cleare the same And if they find Just to discharge him of the same

Att Edinburgh the twentie nynth of Jwne Jaj vic nyntie seven yeirs

D1697/6/231

Act

Act Commissioners of the Shyre of Edinburgh anent repaireing Highwayes

Anent the petitione given in to the Lords of his majesties privie Counsell by the Commissioners of Supply and Jwstices of peace of the Shyre of Edinburgh Shewing That wher It is ane of the particular instructiones in the petitioners Commissione And they have allwayes made it a great pairt of ther work to take notice of and to amend and repaire the Callseyes and bridges of the Shyre which they have bein assisted and helped to doe by ther Lordships act and gift to them of a Small pettie Custome of six pennies on ilk Loaded cairt and two pennies Scotts on ilk Loaded horse passing the high way of the Shyre which albeit it comes to a small sowme per annum yet by the petitioners manadgement therof for severall yeirs bygone it hes made the highwayes and Some of the bridges in some tollerable caice as is well knowen to all passangers But ther are many of the high wayes not so well repaired as may be and severall of the bridges in hazard to fall and Some new bridges and Callseyes begwn but not completed which gives occasione to the petitioners to address ther Lordships for a continwatione of the said pettie Cwstome which does expyre in Jwlly next and hes bein hitherto well imployed by the petitioners order as will appear from ane accompt therwith produced for six yeirs bygone And which custome if continwed will not only make the bridges of the Shyre in good caise But also doe much to help to repaire the highwayes and compleate Some highwayes and Litle bridges alreadie begwn And therfore humbly craveing to the effect eftermentioned As the said petitione at Length bears Which petitione being upon the tenth day of Jwne instant read in presence of the saids Lords of his majesties privie Cownsell They appointed a Comitie of ther own number to consider the same with the former act of Counsell made in favoures of the petitioners of this petty Cwstome with the acts of parliament made anent repaireing of highwayes with the accompt prodwced with the petitione And to report ther opinion therin to the Cownsell which Comitie haveing accordinglie met they made ther report in the termes following Viz That they haveing considered the accompt (1mo) how the pettie Customes of Edinburgh Shyre have bein bestowed and imployed they find the articles of the said accompt Sufficientlie instrwcted be precepts of the Commissioners and recepts conforme And it is the opinion of the Comitie that the pettie Customes be continwed for thrie yeirs Comenceing from the first of Jwllie next to come and it be recommended to the Earle of Lawderdale and some of the Commissioners to receave in the generall collector of these pitty Customes his accompts And to discharge him if they find Jwst And the saids Lords of his majesties privie Counsell haveing this day considered the above report they approved therof and have Continwed and allowed and heirby continwes and allowes the foirsaid petty Custome of six pennies Scotts on ilk Loaded cairt and two pennies Scotts on ilk Loaded horse for the space of their yeirs yet to rwne Commenceing from the first day of Jwllie next to come and appoints the impositione heirby granted to be imployed in the first place for repaireing his majesties publict highwayes And Discharges any pairt of it to be imployed upon helping of privat wayes till all the publict highwayes be Sufficiently repaired And recomends to The Earle of Lauderdale and Such of the Commissioners of Supply within the Shyre as they shall appoint to receave in the generall collector of the saids pettie Customes his accompts and to cleare the same And if they find Just to discharge him of the same

1. NRS, PC2/26, 372v-373r.

1. NRS, PC2/26, 372v-373r.

Sederunt, 29 June 1697, Edinburgh

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Att Edinburgh the twentie nynth of Jwne Jaj vic nyntie seven yeirs1

D1697/6/222

Sederunt

Lord Chancellor; Duke of Qweensberry; Earl of Twlliebardine; Earl of Argyll; Earl of Southerland; Earl of Lauderdale; Earl of Lothian; Earl of Annandale; Earl of Ruglen; Viscount Tarbat; Lord Ruthven; Lord Secretary Ogilvie; Lord Advocat; Lord Justiceclerk; Lord Hallcraig; Lord Fountainhall; Lord Anstruther; Lord Rankeillor; Laird of Pollock; Laird of Blackbarrony; Laird of Cessnock; Laird of Kellburne; Sir Patrick Murray

Att Edinburgh the twentie nynth of Jwne Jaj vic nyntie seven yeirs1

D1697/6/222

Sederunt

Lord Chancellor; Duke of Qweensberry; Earl of Twlliebardine; Earl of Argyll; Earl of Southerland; Earl of Lauderdale; Earl of Lothian; Earl of Annandale; Earl of Ruglen; Viscount Tarbat; Lord Ruthven; Lord Secretary Ogilvie; Lord Advocat; Lord Justiceclerk; Lord Hallcraig; Lord Fountainhall; Lord Anstruther; Lord Rankeillor; Laird of Pollock; Laird of Blackbarrony; Laird of Cessnock; Laird of Kellburne; Sir Patrick Murray

1. NRS, PC2/26, 372r.

2. NRS, PC2/26, 372r.

1. NRS, PC2/26, 372r.

2. NRS, PC2/26, 372r.

Act, 24 June 1697, Edinburgh

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Att Edinburgh the twentie Fourth day of Jwny Jaj vic nyntie seven yeirs

D1697/6/211

Act

Act Stewart of Burrey

Anent the petitione given in to the Lords of his majesties privy Counsell be Sir Archibald Stewart of Burrey Against Mr Alexander Pitcardine Late Deane of Orkney Shewing that wher the said Alexander Pitcardin haveing Sumond the said Sir Archibald to appear befor ther Lordships from Orkney upon a most callwminows lybell and now efter the great travell and expenses he hath putt the petitioner to and the wittnesses abovenamed passes from his lybell upon a most growndles pretext that these whom he intyced to concurr with him have passed from what he instigat them to Lay to the petitioners charge tho nothing of his concerne The petitioner most humblie layes befor ther Lordships primo That if the alleadgeances he was pleased to make in his petitione excuseing his passing from his lybell wherin in effect he most callwmniowselie repeatts his whole lybell have the Least weight the petitioners answers are and were in the clerks hand wherby these his groundles callwmnies are qwite taken of And because it seemes absurd that he should pass from his lybell and yet repeat the Same in ane other maner And that the petitioner was perswaded that wher a lybell was past frae ther Lordships would regaird nothing lybelled The petitioner did not then wrge his own vindicatione which yet because of his insisting in his callwmnies may be necessarie Therfore he againe humbly craves that his said answers may be read if ther Lordships doe in the least Judge it neidfull Secundo That whatever inconveniencie his own folly hath brought him to upon the proces against him at the instance of his majesties advocat As to which the advocat will beare the petitioner witness that he was noe instigator of it yet it is still most Jwst and reasoneable that he be ordained to pay the petitioners expensses for which he hes raised his reconvention which hath bein read befor ther Lordships And in the consideratione reserved And Tertio that any warrand that the Said Mr Pitcairne obtained from two of the persewers that concurr with him was trwelie procured from them efter he had maliciouselie raised the Sumonds against the petitioner the said Sir Archibald without ther previows warrand and is (if any such be) plainlie a bare memorandum that can never be obtruded to excuse the expensses trouble and vexatione that he hath pwtt the petitioner to Qwuarto The only point of any consideratione of relevancie charged upon the petitioner is a pretended injurie Done to Hwgh Goodsir who never gave any warrand for such a complaint nor did he any wayes concurr with Mr Pitcairne But on the contrarie disclames the mater of fact alleadged in the lybell as false and callumows And Last wheras it is alleadged that the petitioner have transacted with thrie of the complainers and taken them off It is also most injurows for the petitioner does protest and declare that he never gave nor promised to any of them one farthing of money or good deed But one of these pretended persewers haveing never given any concurse or consent And the other two being Drawen to it by Mr Pitcairnes insinwatione And all thrie haveing past from the lybell friely of ther own accord it was Laufull for the petitioner to accept the Same as a furder evidence to ther Lordships of the Complainers malice and his innocencie as to what he wnjustlie charges upon him And therfor Humbly craveing ther Lordships in consideratione of the premisses to modifie and decerne his damnadge and expensses As the said petitione at more length bears The Lords of his majesties privie Counsell haveing this day considered the said bill They have modified and heirby modifies the Soume of Five Hundereth merks to be payed be the above Mr Alexander Pircairne and John and David Fleets merchands in Southronaldsey persewers in the lybell raised befor the Counsell against the said Sir Archibald and decerns and ordaines the saids thrie persones conjunctllie and severallie to make payment to the said Sir Archibald of the same in respect the said Mr Alexander hes eased a lybell in his own and the other two persones ther names befor the Counsell against the said Sir Archibald wherin they have not insisted but the said Mr Alexander hes past from the same efter they have brought the said Sir Archibald frae Orkney to this place And decerns each of the saids thrie persones to releive others of ther eqwall Shares of the said soume of Five hundereth merks decerned for And ordaines Letters of horneing on fiftein dayes and others neidfull may pass heirupon in forme as effeirs

Att Edinburgh the twentie Fourth day of Jwny Jaj vic nyntie seven yeirs

D1697/6/211

Act

Act Stewart of Burrey

Anent the petitione given in to the Lords of his majesties privy Counsell be Sir Archibald Stewart of Burrey Against Mr Alexander Pitcardine Late Deane of Orkney Shewing that wher the said Alexander Pitcardin haveing Sumond the said Sir Archibald to appear befor ther Lordships from Orkney upon a most callwminows lybell and now efter the great travell and expenses he hath putt the petitioner to and the wittnesses abovenamed passes from his lybell upon a most growndles pretext that these whom he intyced to concurr with him have passed from what he instigat them to Lay to the petitioners charge tho nothing of his concerne The petitioner most humblie layes befor ther Lordships primo That if the alleadgeances he was pleased to make in his petitione excuseing his passing from his lybell wherin in effect he most callwmniowselie repeatts his whole lybell have the Least weight the petitioners answers are and were in the clerks hand wherby these his groundles callwmnies are qwite taken of And because it seemes absurd that he should pass from his lybell and yet repeat the Same in ane other maner And that the petitioner was perswaded that wher a lybell was past frae ther Lordships would regaird nothing lybelled The petitioner did not then wrge his own vindicatione which yet because of his insisting in his callwmnies may be necessarie Therfore he againe humbly craves that his said answers may be read if ther Lordships doe in the least Judge it neidfull Secundo That whatever inconveniencie his own folly hath brought him to upon the proces against him at the instance of his majesties advocat As to which the advocat will beare the petitioner witness that he was noe instigator of it yet it is still most Jwst and reasoneable that he be ordained to pay the petitioners expensses for which he hes raised his reconvention which hath bein read befor ther Lordships And in the consideratione reserved And Tertio that any warrand that the Said Mr Pitcairne obtained from two of the persewers that concurr with him was trwelie procured from them efter he had maliciouselie raised the Sumonds against the petitioner the said Sir Archibald without ther previows warrand and is (if any such be) plainlie a bare memorandum that can never be obtruded to excuse the expensses trouble and vexatione that he hath pwtt the petitioner to Qwuarto The only point of any consideratione of relevancie charged upon the petitioner is a pretended injurie Done to Hwgh Goodsir who never gave any warrand for such a complaint nor did he any wayes concurr with Mr Pitcairne But on the contrarie disclames the mater of fact alleadged in the lybell as false and callumows And Last wheras it is alleadged that the petitioner have transacted with thrie of the complainers and taken them off It is also most injurows for the petitioner does protest and declare that he never gave nor promised to any of them one farthing of money or good deed But one of these pretended persewers haveing never given any concurse or consent And the other two being Drawen to it by Mr Pitcairnes insinwatione And all thrie haveing past from the lybell friely of ther own accord it was Laufull for the petitioner to accept the Same as a furder evidence to ther Lordships of the Complainers malice and his innocencie as to what he wnjustlie charges upon him And therfor Humbly craveing ther Lordships in consideratione of the premisses to modifie and decerne his damnadge and expensses As the said petitione at more length bears The Lords of his majesties privie Counsell haveing this day considered the said bill They have modified and heirby modifies the Soume of Five Hundereth merks to be payed be the above Mr Alexander Pircairne and John and David Fleets merchands in Southronaldsey persewers in the lybell raised befor the Counsell against the said Sir Archibald and decerns and ordaines the saids thrie persones conjunctllie and severallie to make payment to the said Sir Archibald of the same in respect the said Mr Alexander hes eased a lybell in his own and the other two persones ther names befor the Counsell against the said Sir Archibald wherin they have not insisted but the said Mr Alexander hes past from the same efter they have brought the said Sir Archibald frae Orkney to this place And decerns each of the saids thrie persones to releive others of ther eqwall Shares of the said soume of Five hundereth merks decerned for And ordaines Letters of horneing on fiftein dayes and others neidfull may pass heirupon in forme as effeirs

1. NRS, PC2/26, 370v-372r.

1. NRS, PC2/26, 370v-372r.

Judicial Proceeding, 24 June 1697, Edinburgh

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Att Edinburgh the twentie Fourth day of Jwny Jaj vic nyntie seven yeirs

D1697/6/201

Judicial Proceeding

Remit William Mcaw Against Hamiltowne

Anent our Soveraigne Lords Letters of Suspensione purchased and raised befor The Lords of privie Counsell at the instance of Robert Hamiltowne in Maybole Suspender Against William Mccaw Late tennent in Troqwhen charger Makeing mentione That wher the said William Mccaw charger with concurse of Sir James Stewart his majesties Advocat haveing efter his rpetended maner caused call and conveen the now deceast Mr Alexander Stevensone wryter to our Signet Some tyme factor to The Countess dowager of Cassills to whom the said William Mccaw was tennent and George Andersone merchand in Air substitut Chamberland by the said Mr Alexander Stevenson befor the Lords of our privie Counsell anent the heareing and Seing of them decerned not only to make payment to the said William Mccaw of the Soume thrie Thowsand four Hundereth and fifty nyn punds four ten Shilling Scotts money as the priec of certain goods alleadged wrongouselie intrometted with and away taken by the saids Mr Alexander Stevensone and George Andersone from the said persewar William Mccaw Dureing the tyme they were Chamberlands to the said Countess Dowager of Cassills But also to hear and Sie them decerned to make payment to the Said William Mccaw of Such a Soume of money As our saids Lords Should please modifie and pwnished in ther persones and goods etc In the which Sumonds the said Robert Hamiltowne Complainer is also conveined as alleadged Succeeding in the vice of the said deceast Mr Alexander Stevensone and upon that head to make compt reckning and payment to the said William Mccaw of what goods and geir were left by the said Mr Alexander upon the grownd the tyme of the Said Complainers entrie to be Chamberland to the said deceast Countess Dowager of Cassills in maner at more Lenth mentioned in the lybelled Sumonds raised at his instance against the Said Complainer befor our Saids Lords of privie Counsell theranent which actione haveing bein called befor our Saids Lords and no compeareance being made for the said Robert Hamiltowne Complainer our saids Lords did grant certificatione against him wherupon the said William Mccaw hes raised our Letters of Denunceatione therupon hes caused denunce the said Complainer to the horne for his pretended contumacie and disobedience most wrongowslie and unjustlie Considering It is of Veritie that imediatly upon the said Complainers receaveing of the foirsaid citatione to compeare befor our saids Lords he caused ane procurator most prunctuallie attend the dyets to which he was cited The Said Complainer himself being nowise in a conditione to travell by reasone of indispositione of bodie which he was then to have instructed by testificats beyond exception And his said procurator haveing attended all the dyets of Sederwnt for the Space of eight or ten dayes which is very well knowen to the clerks And not the Least motione being made in that affair dureing that Space And the said Complainers procurators verie well knowing the dyets and citationes befor our saids Lords of privie Counsell to be peremptor and knowing that the said Mr Alexander Stevensone who was the persone aimed at in that proces was then dead did verie reasonablie Judge the dyets to be deserted And thinking the said Complainer could Sustaine noe furder trouble untill he were of new alled or cited he gave over any furder attendance And yet notwithstanding of all this contrarie to the ordinarie and knowen forme observed before our Saids Lords The Said William Mccaw by his importwnitie did impetrat the foirsaid certificatione And therupon hes raised the foirsaid Letters of denunceatione And out of meer malice and groundles prejudice hes denunced the said Complainer our rebell and which may appear to our saids Lords by ane exact double of the saids Letters of denunceatione Showen to our saids Lords hes testified wherin ther is neither any thing in the lybell nor in the conclusione which could give any ground to any Such Counsell proces And therfore the saids Letters ought not only to be Simpliciter Suspended and the Said Complainer relaxed frae the horne But alse he owght to be repaired of the damnadges he hes Sustained by the Said William Mccaw his wnjust and maliciows procedure etc Allwayes for the more obedience the said Complainer is instantlie content to find Sufficient Cautione acted in the books of our privie Counsell to ansuer to the foirsaid lybell at any time ther Lordships Shall appoint And also for payment of the twentie merks for his escheat goods to the Lords of our Thesaurie in caise it shall be found by our saids Lords that he owght to doe the Smane efter discussing heirof And anent the charge given to the said charger to have compeared befor the saids Lords of privie Counsell at ane certaine day bygone bringing with him the foirsaids Letters and chargers grownds and warrands wherupon the Samen proceeded to be Sein and considered by the Saids Lords And to hear and Sie the Samen haill effect and executione therof Suspended upon the said charger in tyme comeing As the said Suspensione at more Lenth bears Which Suspensione being this day called in presence of the Saids Lords of his majesties privy Counsell And the said Robert Hamilton Suspender being absent Compeared Mr David Cwningham as Advocat for him prodwced a testificat wnder the hands of the minister and baillies of Maybole upon Soule and conscience beareing that the Suspender is Sixtie Six yeirs old and through infirmitie of age and weaknes of body he is not able to travell And the said William Mccaw charger Compeareing personallie with Sir Patrick Home his majesties Sollicitor his advocat The Lords of his majesties privie Counsell and excwses the absence of the Said Suspender in respect of the testificat prodwced And decerns and ordaines the said Robert Hamiltowne Suspender to make payment to the said William Mccaw charger of the Sowme of Ane hundereth merks Scotts And have reponed and heirby repones the said Suspender against the certificatione given and pronunced against him and remitts to the Shirreff principall of the Shyre of Air and his deputs to consider the lybell and to decyde and determine therin as to the Suspender only as they Shall find Just or to the baillie of the bailliarie of Carrick or his deputs to doe the Same within which Jurisdictiones the Suspender Lives and resides and ordaines Letters on fiftein dayes and others neidfull to be direct heiron as effeirs

Att Edinburgh the twentie Fourth day of Jwny Jaj vic nyntie seven yeirs

D1697/6/201

Judicial Proceeding

Remit William Mcaw Against Hamiltowne

Anent our Soveraigne Lords Letters of Suspensione purchased and raised befor The Lords of privie Counsell at the instance of Robert Hamiltowne in Maybole Suspender Against William Mccaw Late tennent in Troqwhen charger Makeing mentione That wher the said William Mccaw charger with concurse of Sir James Stewart his majesties Advocat haveing efter his rpetended maner caused call and conveen the now deceast Mr Alexander Stevensone wryter to our Signet Some tyme factor to The Countess dowager of Cassills to whom the said William Mccaw was tennent and George Andersone merchand in Air substitut Chamberland by the said Mr Alexander Stevenson befor the Lords of our privie Counsell anent the heareing and Seing of them decerned not only to make payment to the said William Mccaw of the Soume thrie Thowsand four Hundereth and fifty nyn punds four ten Shilling Scotts money as the priec of certain goods alleadged wrongouselie intrometted with and away taken by the saids Mr Alexander Stevensone and George Andersone from the said persewar William Mccaw Dureing the tyme they were Chamberlands to the said Countess Dowager of Cassills But also to hear and Sie them decerned to make payment to the Said William Mccaw of Such a Soume of money As our saids Lords Should please modifie and pwnished in ther persones and goods etc In the which Sumonds the said Robert Hamiltowne Complainer is also conveined as alleadged Succeeding in the vice of the said deceast Mr Alexander Stevensone and upon that head to make compt reckning and payment to the said William Mccaw of what goods and geir were left by the said Mr Alexander upon the grownd the tyme of the Said Complainers entrie to be Chamberland to the said deceast Countess Dowager of Cassills in maner at more Lenth mentioned in the lybelled Sumonds raised at his instance against the Said Complainer befor our Saids Lords of privie Counsell theranent which actione haveing bein called befor our Saids Lords and no compeareance being made for the said Robert Hamiltowne Complainer our saids Lords did grant certificatione against him wherupon the said William Mccaw hes raised our Letters of Denunceatione therupon hes caused denunce the said Complainer to the horne for his pretended contumacie and disobedience most wrongowslie and unjustlie Considering It is of Veritie that imediatly upon the said Complainers receaveing of the foirsaid citatione to compeare befor our saids Lords he caused ane procurator most prunctuallie attend the dyets to which he was cited The Said Complainer himself being nowise in a conditione to travell by reasone of indispositione of bodie which he was then to have instructed by testificats beyond exception And his said procurator haveing attended all the dyets of Sederwnt for the Space of eight or ten dayes which is very well knowen to the clerks And not the Least motione being made in that affair dureing that Space And the said Complainers procurators verie well knowing the dyets and citationes befor our saids Lords of privie Counsell to be peremptor and knowing that the said Mr Alexander Stevensone who was the persone aimed at in that proces was then dead did verie reasonablie Judge the dyets to be deserted And thinking the said Complainer could Sustaine noe furder trouble untill he were of new alled or cited he gave over any furder attendance And yet notwithstanding of all this contrarie to the ordinarie and knowen forme observed before our Saids Lords The Said William Mccaw by his importwnitie did impetrat the foirsaid certificatione And therupon hes raised the foirsaid Letters of denunceatione And out of meer malice and groundles prejudice hes denunced the said Complainer our rebell and which may appear to our saids Lords by ane exact double of the saids Letters of denunceatione Showen to our saids Lords hes testified wherin ther is neither any thing in the lybell nor in the conclusione which could give any ground to any Such Counsell proces And therfore the saids Letters ought not only to be Simpliciter Suspended and the Said Complainer relaxed frae the horne But alse he owght to be repaired of the damnadges he hes Sustained by the Said William Mccaw his wnjust and maliciows procedure etc Allwayes for the more obedience the said Complainer is instantlie content to find Sufficient Cautione acted in the books of our privie Counsell to ansuer to the foirsaid lybell at any time ther Lordships Shall appoint And also for payment of the twentie merks for his escheat goods to the Lords of our Thesaurie in caise it shall be found by our saids Lords that he owght to doe the Smane efter discussing heirof And anent the charge given to the said charger to have compeared befor the saids Lords of privie Counsell at ane certaine day bygone bringing with him the foirsaids Letters and chargers grownds and warrands wherupon the Samen proceeded to be Sein and considered by the Saids Lords And to hear and Sie the Samen haill effect and executione therof Suspended upon the said charger in tyme comeing As the said Suspensione at more Lenth bears Which Suspensione being this day called in presence of the Saids Lords of his majesties privy Counsell And the said Robert Hamilton Suspender being absent Compeared Mr David Cwningham as Advocat for him prodwced a testificat wnder the hands of the minister and baillies of Maybole upon Soule and conscience beareing that the Suspender is Sixtie Six yeirs old and through infirmitie of age and weaknes of body he is not able to travell And the said William Mccaw charger Compeareing personallie with Sir Patrick Home his majesties Sollicitor his advocat The Lords of his majesties privie Counsell and excwses the absence of the Said Suspender in respect of the testificat prodwced And decerns and ordaines the said Robert Hamiltowne Suspender to make payment to the said William Mccaw charger of the Sowme of Ane hundereth merks Scotts And have reponed and heirby repones the said Suspender against the certificatione given and pronunced against him and remitts to the Shirreff principall of the Shyre of Air and his deputs to consider the lybell and to decyde and determine therin as to the Suspender only as they Shall find Just or to the baillie of the bailliarie of Carrick or his deputs to doe the Same within which Jurisdictiones the Suspender Lives and resides and ordaines Letters on fiftein dayes and others neidfull to be direct heiron as effeirs

1. NRS, PC2/26, 368v-370v.

1. NRS, PC2/26, 368v-370v.

Decreet, 24 June 1697, Edinburgh

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Att Edinburgh the twentie Fourth day of Jwny Jaj vic nyntie seven yeirs

D1697/6/191

Decreet

Decreit Mr John Gray Against Murdoch

Anent the lybell or Letters of complaint raised and persewed befor the Lords of his majesties privie Cownsell at the instance of Mr John Gray wryter in Edinburgh and Margaret Hamiltowne his Spouse with concurse of Sir James Stewart his majesties advocat in the mater wnder written Makeing mentione that albeit by the wncontraverted Lawes and practise of this and all other well governed nationes the invadeing beatting and abwseing of any persone especiallie by way of Hamswcken within ther own dwelling houses which by the Law of all nationes owght to be a secure sanctwarie to them As also wher the same is done and comited without any previows Jwst provocatione be crymes of ane high nature and severelie pwnishable Nevertheles It is of veritie that Robert Murdoch wryter in Edinburgh Shakeing off all fear of God and respect to our authoritie and Standing Lawes of the Kingdome haveing conceaved ane deadly and unplacable malice and prejudice against the Saids Complainers without any Jwst and previows grownd But finding that the said Mr John Gray Complainer was causeing stryke owt a window in the wall of his own house for his own conveniencie He did upon a most wnjwst and growndles representatione to the dean of gild of Edinburgh procure a warrand dischargeing the workmen from any furder procedour untill the dean of gild himself Should take cognitione of the Said affaire And he haveing accordinglie taken cognitione therof and finding that the Strykeing out of the said window was no prejudice to the Said Robert Murdoch or any other persone He did allow and ordaine the workmen to return to ther work as formerlie And they haveing accordingly returned by the dean of gilds speciall warrand and being working at the said window within the house of the said Mr John Gray upon the twentie eight day of May Last bypast the Said Robert Murdoch became therat soe inraged that betuixt thrie and four of the efternoon of the said day he came to the said house and haveing entered the Same in a most mad and furiows maner with ane great Staff or batton in his hand he therwith offered with great violence to attack the workmen Swearing with ane execrable oath that he Should render them wnable to work any more therefter And the Said Mr John Gray and Margaret Hamiltowne and Geills Dowglas his mother in Law haveing endeavoured to keep the said Robert Murdoch from doeing any furder mischeiff or prejudice to the said workmen he was soe far from being perswaded by ther civill intreaties that he fell upon the said Mr John Gray who was only Standing with his nightgowne in his slippers oversieing the workmen and gave the said Complainer severall Stroaks over the head and Shoulders with the said great batton And when the said Margaret Hamiltowne came in to assist the rescweing her husband owt of his crwell hands albeit her velly was then verie bigg She being within two moneths of her tyme the said Robert Murdoch was soe crwell and wnnaturall that he gave her severall Stroaks with his foot on the belly and severall Stroaks with his batton on the armes and other places of her body untill She was not able to Stand any Longer on the floor and efter the said Margaret Hamiltoune was rescwed out of his hands and that the work man had taken the said Staff or batton from him he did againe fall upon the said Mr John Gray Complainer and pulled him by the gravat of purpose to have Strangled him And which apparentlie he would have Done if the gravat had not broken And therefter he continwed Strykeing and beatting him with his hand upon the face untill the workmen and others present rescwed him out his crwell hands by Doeing wherof the said Robert Murdoch is gwiltie of ane open and manifest ryot violence and oppressione And ought be pwnished in his persone and goods to the example and terror of others to Comit the lyke in tyme comeing And Anent the charge given to the said defender to have Compeared personally befoir the saids Lords of privie Counsell at ane certaine day now bygone to have answered to the grownds of the above Complaint and to have heard and Sein Such order and course taken theranent As the saids Lords Should think fitt wnder the paine of rebellion etc As the Said principall lybell or Letters of Complaint with the executiones therof in itself more fully proports which lybell or Letters of complaint being upon the eightein day of Jwne instant called in presence of the saids Lords with a reconventione at the defenders instance against the persewars and others And the said Mr John Gray compearing with2 Sir David Thores Mr Charles Gray and James Stewart his advocats and the Said Robert Murdoch defender Compeareing with Mr Thomas Skeen and Mr William Calderwood his advocats And the defenders in the reconventione compeareing all personallie except the said Mr John Grayes wife with the persewars advocats as advocats for them both lybells with answers made to the principall lybell being read And both pairties Lawiers being fullie heard And the saids Lords haveing considered both lybells with the answers made to the principall lybell they admitted both lybells to the pairties ther probatione and the wittnesses being present haveing made faith at the barr except Andrew Ballberage Sklaiter and John Mclane ane of the towne gwairds The Saids Lords granted furder dilligence by Caption against the saids two absent wittnesses and appointed a Comittie for examineing the wittnesses and reserved all objectiones which might be made against the saids wittnesses to be discust befor the said Comitie And in the first place recomended to the said Comitie to examine the wittnesses upon the reconventione against William Smith and George Thorntowne Servitor to John Jamesone in respect tho they were cited as pairties in the reconventione yet they were cited as wittnesses in the principall lybell And if it Should appeare by the wittnesses examined in the reconventione that the saids two persones were frie of the ryot in the reconventione lybelled and not Socii criminis The saids Lords recomended to the Comittie to make ther report therof to the Counsell befoire they examined them as wittnesses in the persewers lybell The which Comitie haveing mett and examined diverse and Sundrie famows witnesses in the said mater They deponed and declared As ther oathes and depositiones extant in process bears And the Said lybell or Letters of Complaint being this day advised by the Saids Lords of his majesties privie Counsell And they haveing considered the depositiones of the wittnesses taken both upon the principall Lybell And the lybell of reconventione The Counsell finds nothing proven of the reconventione And therfoir assoillzes therfrae And finds the points and articles of the principall lybell proven in soe far as concernes Mr John Gray himself And therfor the saids Lords fynes the defender in the Sowme of Two Hundereth merks Scotts And decernes and ordaines the said Robert Murdoch defender to make payment to the said Mr John Gray persewer of the said Sowme of Two Hundereth merks money foirsaid And ordaines Letters of horneing on fiftein dayes and others neidfull to be direct under the Signet of Counsell upon the premisses in forme as effeirs

Att Edinburgh the twentie Fourth day of Jwny Jaj vic nyntie seven yeirs

D1697/6/191

Decreet

Decreit Mr John Gray Against Murdoch

Anent the lybell or Letters of complaint raised and persewed befor the Lords of his majesties privie Cownsell at the instance of Mr John Gray wryter in Edinburgh and Margaret Hamiltowne his Spouse with concurse of Sir James Stewart his majesties advocat in the mater wnder written Makeing mentione that albeit by the wncontraverted Lawes and practise of this and all other well governed nationes the invadeing beatting and abwseing of any persone especiallie by way of Hamswcken within ther own dwelling houses which by the Law of all nationes owght to be a secure sanctwarie to them As also wher the same is done and comited without any previows Jwst provocatione be crymes of ane high nature and severelie pwnishable Nevertheles It is of veritie that Robert Murdoch wryter in Edinburgh Shakeing off all fear of God and respect to our authoritie and Standing Lawes of the Kingdome haveing conceaved ane deadly and unplacable malice and prejudice against the Saids Complainers without any Jwst and previows grownd But finding that the said Mr John Gray Complainer was causeing stryke owt a window in the wall of his own house for his own conveniencie He did upon a most wnjwst and growndles representatione to the dean of gild of Edinburgh procure a warrand dischargeing the workmen from any furder procedour untill the dean of gild himself Should take cognitione of the Said affaire And he haveing accordinglie taken cognitione therof and finding that the Strykeing out of the said window was no prejudice to the Said Robert Murdoch or any other persone He did allow and ordaine the workmen to return to ther work as formerlie And they haveing accordingly returned by the dean of gilds speciall warrand and being working at the said window within the house of the said Mr John Gray upon the twentie eight day of May Last bypast the Said Robert Murdoch became therat soe inraged that betuixt thrie and four of the efternoon of the said day he came to the said house and haveing entered the Same in a most mad and furiows maner with ane great Staff or batton in his hand he therwith offered with great violence to attack the workmen Swearing with ane execrable oath that he Should render them wnable to work any more therefter And the Said Mr John Gray and Margaret Hamiltowne and Geills Dowglas his mother in Law haveing endeavoured to keep the said Robert Murdoch from doeing any furder mischeiff or prejudice to the said workmen he was soe far from being perswaded by ther civill intreaties that he fell upon the said Mr John Gray who was only Standing with his nightgowne in his slippers oversieing the workmen and gave the said Complainer severall Stroaks over the head and Shoulders with the said great batton And when the said Margaret Hamiltowne came in to assist the rescweing her husband owt of his crwell hands albeit her velly was then verie bigg She being within two moneths of her tyme the said Robert Murdoch was soe crwell and wnnaturall that he gave her severall Stroaks with his foot on the belly and severall Stroaks with his batton on the armes and other places of her body untill She was not able to Stand any Longer on the floor and efter the said Margaret Hamiltoune was rescwed out of his hands and that the work man had taken the said Staff or batton from him he did againe fall upon the said Mr John Gray Complainer and pulled him by the gravat of purpose to have Strangled him And which apparentlie he would have Done if the gravat had not broken And therefter he continwed Strykeing and beatting him with his hand upon the face untill the workmen and others present rescwed him out his crwell hands by Doeing wherof the said Robert Murdoch is gwiltie of ane open and manifest ryot violence and oppressione And ought be pwnished in his persone and goods to the example and terror of others to Comit the lyke in tyme comeing And Anent the charge given to the said defender to have Compeared personally befoir the saids Lords of privie Counsell at ane certaine day now bygone to have answered to the grownds of the above Complaint and to have heard and Sein Such order and course taken theranent As the saids Lords Should think fitt wnder the paine of rebellion etc As the Said principall lybell or Letters of Complaint with the executiones therof in itself more fully proports which lybell or Letters of complaint being upon the eightein day of Jwne instant called in presence of the saids Lords with a reconventione at the defenders instance against the persewars and others And the said Mr John Gray compearing with2 Sir David Thores Mr Charles Gray and James Stewart his advocats and the Said Robert Murdoch defender Compeareing with Mr Thomas Skeen and Mr William Calderwood his advocats And the defenders in the reconventione compeareing all personallie except the said Mr John Grayes wife with the persewars advocats as advocats for them both lybells with answers made to the principall lybell being read And both pairties Lawiers being fullie heard And the saids Lords haveing considered both lybells with the answers made to the principall lybell they admitted both lybells to the pairties ther probatione and the wittnesses being present haveing made faith at the barr except Andrew Ballberage Sklaiter and John Mclane ane of the towne gwairds The Saids Lords granted furder dilligence by Caption against the saids two absent wittnesses and appointed a Comittie for examineing the wittnesses and reserved all objectiones which might be made against the saids wittnesses to be discust befor the said Comitie And in the first place recomended to the said Comitie to examine the wittnesses upon the reconventione against William Smith and George Thorntowne Servitor to John Jamesone in respect tho they were cited as pairties in the reconventione yet they were cited as wittnesses in the principall lybell And if it Should appeare by the wittnesses examined in the reconventione that the saids two persones were frie of the ryot in the reconventione lybelled and not Socii criminis The saids Lords recomended to the Comittie to make ther report therof to the Counsell befoire they examined them as wittnesses in the persewers lybell The which Comitie haveing mett and examined diverse and Sundrie famows witnesses in the said mater They deponed and declared As ther oathes and depositiones extant in process bears And the Said lybell or Letters of Complaint being this day advised by the Saids Lords of his majesties privie Counsell And they haveing considered the depositiones of the wittnesses taken both upon the principall Lybell And the lybell of reconventione The Counsell finds nothing proven of the reconventione And therfoir assoillzes therfrae And finds the points and articles of the principall lybell proven in soe far as concernes Mr John Gray himself And therfor the saids Lords fynes the defender in the Sowme of Two Hundereth merks Scotts And decernes and ordaines the said Robert Murdoch defender to make payment to the said Mr John Gray persewer of the said Sowme of Two Hundereth merks money foirsaid And ordaines Letters of horneing on fiftein dayes and others neidfull to be direct under the Signet of Counsell upon the premisses in forme as effeirs

1. NRS, PC2/26, 366r-368v.

2. The phrase ‘Mr Thomas Skeen’ scored out here.

1. NRS, PC2/26, 366r-368v.

2. The phrase ‘Mr Thomas Skeen’ scored out here.

Sederunt, 24 June 1697, Edinburgh

Posted on by

Att Edinburgh the twentie Fourth day of Jwny Jaj vic nyntie seven yeirs1

D1697/6/182

Sederunt

Lord Chancellour; Duke of Qweensberry; Earl of Argyll; Earl of Southerland; Earl of Marr; Earl of Morton; Earl of Lauderdale; Earl of Lothian; Earl of Annandale; Earl of Forffar; Earl of Rwglen; Viscount Tarbatt; Lord Belhaven; Lord Ruthven; Lord Secretarie Ogilvie; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Fountainhall; Lord Anstruther; Laird of Pollock; Laird of Blackbarrony; Proveist of Edinburgh; Laird of Kellburne; Sir Patrick Murray

Att Edinburgh the twentie Fourth day of Jwny Jaj vic nyntie seven yeirs1

D1697/6/182

Sederunt

Lord Chancellour; Duke of Qweensberry; Earl of Argyll; Earl of Southerland; Earl of Marr; Earl of Morton; Earl of Lauderdale; Earl of Lothian; Earl of Annandale; Earl of Forffar; Earl of Rwglen; Viscount Tarbatt; Lord Belhaven; Lord Ruthven; Lord Secretarie Ogilvie; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Fountainhall; Lord Anstruther; Laird of Pollock; Laird of Blackbarrony; Proveist of Edinburgh; Laird of Kellburne; Sir Patrick Murray

1. NRS, PC2/26, 366r.

2. NRS, PC2/26, 366r.

1. NRS, PC2/26, 366r.

2. NRS, PC2/26, 366r.

Act, 22 June 1697, Edinburgh

Posted on by

Att Edinburgh the twentie second of Jwny Jaj vic nyntie seven yeirs

D1697/6/171

Act

Act The Earle of Galloway and others in Wigtown and Kirkcudbright

Anent the petitione given in to the Lords of his majesties privie Cownsell be James Earle of Galloway Lord Basile Hamiltoun Alexander Viscownt of Kenmwre John Viscownt of Stair Sir Andrew Agnew of Lochnaw Sir Charles Hay of Park Sir William Maxwell of Mowreith Sir James Dwmbar of Mochrwin William Mcdowgall of Garthland Patrick Mcdowgall of Logan Patrick Mcdowgall of French William Agnew of Wig John Mackie of Palgowrie Patrick Herrin of Kirrwchtrie and Thomas Stewart of Fintiloch for themselvs and in name and behalf of the remanent heretors and grands within the Shyre of Wigtowne and Stewartrie of Kirkcudbright Shewing That wher The farr greatest pairt of the rent of Galloway and the mentainance of the inhabitants therof Does aryse from the product of Cattell caried into England by Drovers and that the ordinarie and most convenient road is to pass from Newgalloway to Drwmfreis which are royall burghs And that by the Lawes and acts of parliament Especiallie by the twentie fifth act of qween Maryes Sixth parliament And by the Ane Hwndered and fiftie nyn act near the end twelve parliament King James the Sixth It is provided That ther be highwayes to and from Royall burrowes And that no Stopp nor impediment be made wnder the paine of oppressione and other penalties contained in the said act Notwithstanding Severall debaites have happened of Late in the passage of the petitioners Droves from Newgalloway to Drumfreis The Cowntrie people and others in that bownds endeavoureing by violence to Stopp ther Droves and impose illegall exactiones of money upon ther cattell to the great damnadge and prejudice of that trade Soe usefull to the natione wherby allsoe ryots and bloodsheds have bein occasioned which had gone furder Lenth if these who were imployed to cary up the droves had not manadged with great moderatione and preducencie And Seing the Law is alreadie abwndantlie cleare that ther owght to be highwayes to and from Royall burrows It Doeth online remaine that the highway be marked owt from Newgalloway to Drumfreise And therfore humblie craveing to the effect eftermentioned As the said petitione bears which petitione being this day read in presence of the saids Lords of privie Cownsell and being by ther Lordships atlenth considered They heirby grant full power and Commissione to William Mcgie of Ballnig2 Patrick Mwrdoch of Murdoch Robert Browne of Carslenth Hewgh Mcgwffock of Rwsco Patrick Dumbar of Marchriemore George Stewart of Tondergie Rodger Gordon of Troqwhen David Mclintoch of Ardwell Alexander Gordon of Eastertowne Adam Newall of Barskeoth William Gordowne of Shinmoirs […] Maxwell of Hills and Samwell Hannay of Kirkdale with power to them to choise ther own president from tyme to tyme therefter And also to choise ther own clerk for whom they Shall be answereable to meet and convein upon the grownd of the Lands lying from the burgh of Newgalloway to Drumfreis upon the first twesday of Awgwst next to come and to make and mark a highway for droves frae Newgalloway to Drumfreise And determine the breadth of the said highway according to the acts of parliament made theranent And in marking out of the breadth of the said way appoints the saids Commissioners to hold the high and accustomed travelling way betuixt the said two burghs And nominats the Said Alexander Viscount of Kenmwire to be conveiner and to call and convein the foirnamed persones at the first meeting And declairs any six of the abovenamed persones to be a Sufficient qworwm and recomends to the persones above Commissionat to compleat ther work in the Commissioner betwixt and the fiftein day of the said moneth of August

Att Edinburgh the twentie second of Jwny Jaj vic nyntie seven yeirs

D1697/6/171

Act

Act The Earle of Galloway and others in Wigtown and Kirkcudbright

Anent the petitione given in to the Lords of his majesties privie Cownsell be James Earle of Galloway Lord Basile Hamiltoun Alexander Viscownt of Kenmwre John Viscownt of Stair Sir Andrew Agnew of Lochnaw Sir Charles Hay of Park Sir William Maxwell of Mowreith Sir James Dwmbar of Mochrwin William Mcdowgall of Garthland Patrick Mcdowgall of Logan Patrick Mcdowgall of French William Agnew of Wig John Mackie of Palgowrie Patrick Herrin of Kirrwchtrie and Thomas Stewart of Fintiloch for themselvs and in name and behalf of the remanent heretors and grands within the Shyre of Wigtowne and Stewartrie of Kirkcudbright Shewing That wher The farr greatest pairt of the rent of Galloway and the mentainance of the inhabitants therof Does aryse from the product of Cattell caried into England by Drovers and that the ordinarie and most convenient road is to pass from Newgalloway to Drwmfreis which are royall burghs And that by the Lawes and acts of parliament Especiallie by the twentie fifth act of qween Maryes Sixth parliament And by the Ane Hwndered and fiftie nyn act near the end twelve parliament King James the Sixth It is provided That ther be highwayes to and from Royall burrowes And that no Stopp nor impediment be made wnder the paine of oppressione and other penalties contained in the said act Notwithstanding Severall debaites have happened of Late in the passage of the petitioners Droves from Newgalloway to Drumfreis The Cowntrie people and others in that bownds endeavoureing by violence to Stopp ther Droves and impose illegall exactiones of money upon ther cattell to the great damnadge and prejudice of that trade Soe usefull to the natione wherby allsoe ryots and bloodsheds have bein occasioned which had gone furder Lenth if these who were imployed to cary up the droves had not manadged with great moderatione and preducencie And Seing the Law is alreadie abwndantlie cleare that ther owght to be highwayes to and from Royall burrows It Doeth online remaine that the highway be marked owt from Newgalloway to Drumfreise And therfore humblie craveing to the effect eftermentioned As the said petitione bears which petitione being this day read in presence of the saids Lords of privie Cownsell and being by ther Lordships atlenth considered They heirby grant full power and Commissione to William Mcgie of Ballnig2 Patrick Mwrdoch of Murdoch Robert Browne of Carslenth Hewgh Mcgwffock of Rwsco Patrick Dumbar of Marchriemore George Stewart of Tondergie Rodger Gordon of Troqwhen David Mclintoch of Ardwell Alexander Gordon of Eastertowne Adam Newall of Barskeoth William Gordowne of Shinmoirs […] Maxwell of Hills and Samwell Hannay of Kirkdale with power to them to choise ther own president from tyme to tyme therefter And also to choise ther own clerk for whom they Shall be answereable to meet and convein upon the grownd of the Lands lying from the burgh of Newgalloway to Drumfreis upon the first twesday of Awgwst next to come and to make and mark a highway for droves frae Newgalloway to Drumfreise And determine the breadth of the said highway according to the acts of parliament made theranent And in marking out of the breadth of the said way appoints the saids Commissioners to hold the high and accustomed travelling way betuixt the said two burghs And nominats the Said Alexander Viscount of Kenmwire to be conveiner and to call and convein the foirnamed persones at the first meeting And declairs any six of the abovenamed persones to be a Sufficient qworwm and recomends to the persones above Commissionat to compleat ther work in the Commissioner betwixt and the fiftein day of the said moneth of August

1. NRS, PC2/26, 364v-366r.

2. The letters ‘ie’ scored out at the end of this word.

1. NRS, PC2/26, 364v-366r.

2. The letters ‘ie’ scored out at the end of this word.

Act, 22 June 1697, Edinburgh

Posted on by

Att Edinburgh the twentie second of Jwny Jaj vic nyntie seven yeirs

D1697/6/161

Act

Act Wardlaw Chamberland of Bigger

Anent the petitione given in to the Lords of his majesties privy Cownsell be Alexander Wairdlaw Chamberland of Biggar Shewing That wher Mr William Jack Late minister at Bigger haveing obtained ane act of his majesties privie Cownsell for the vaccand Stipend of the said paroch of Biggar for the yeir Jaj vic nyntie one yeirs upon his macking himself in ther Lordships books that he Should repair the manse of the said kirk and make it a Sufficient and habitable manse As the said bond dated the Second day of Augwst Jaj vic nyntie two yeirs Showen to the Saids Lords of privie Cownsell hes testified And the said Mr William Jack haveing uplifted the Said yeirs Stipend Jaj vic nyntie one and haveing therefter being transported to Kellso he removed from the said manse without repaireing the Samen As appeirs by ane act of the presbetrie dated the threttie day of October Jaj vic nyntie five yeirs wherby efter visitatione they did find that the said manse will take the Sowme of Ane Hundered nyntie Seven punds eight Shilling Scotts to compleat the reparatione of the said manse As the said act of the presbetrie Likewayes produced hes testified And Seing ther is no persone named in the said bond at whose instance executione may pass for putting the said manse in repair or for payment of the foirsaid Sowme which the presbetry hes fownd the reparatione ther of come Short of And which the petitioner hes actwallie expended in repaireing the Same And therfor humbly craveing to the effect eftermentioned As the said petitione bears Which being this day read and Considered be the saids Lords of privie Cownsell with the act of presbetry mentioned therin and prodwced therwith They heirby allow ther clerks to give owt Letters of horneing at the petitioners instance and other dilligences against the above Mr William Jack and his Cawtioner in the within bond chargeing theirfor the above Sowme of Ane Hundereth and nyntie Seven punds Scotts as the expenses of repaireing the manse of Biggar conforme to his bond and the Said act of presbetry

Att Edinburgh the twentie second of Jwny Jaj vic nyntie seven yeirs

D1697/6/161

Act

Act Wardlaw Chamberland of Bigger

Anent the petitione given in to the Lords of his majesties privy Cownsell be Alexander Wairdlaw Chamberland of Biggar Shewing That wher Mr William Jack Late minister at Bigger haveing obtained ane act of his majesties privie Cownsell for the vaccand Stipend of the said paroch of Biggar for the yeir Jaj vic nyntie one yeirs upon his macking himself in ther Lordships books that he Should repair the manse of the said kirk and make it a Sufficient and habitable manse As the said bond dated the Second day of Augwst Jaj vic nyntie two yeirs Showen to the Saids Lords of privie Cownsell hes testified And the said Mr William Jack haveing uplifted the Said yeirs Stipend Jaj vic nyntie one and haveing therefter being transported to Kellso he removed from the said manse without repaireing the Samen As appeirs by ane act of the presbetrie dated the threttie day of October Jaj vic nyntie five yeirs wherby efter visitatione they did find that the said manse will take the Sowme of Ane Hundered nyntie Seven punds eight Shilling Scotts to compleat the reparatione of the said manse As the said act of the presbetrie Likewayes produced hes testified And Seing ther is no persone named in the said bond at whose instance executione may pass for putting the said manse in repair or for payment of the foirsaid Sowme which the presbetry hes fownd the reparatione ther of come Short of And which the petitioner hes actwallie expended in repaireing the Same And therfor humbly craveing to the effect eftermentioned As the said petitione bears Which being this day read and Considered be the saids Lords of privie Cownsell with the act of presbetry mentioned therin and prodwced therwith They heirby allow ther clerks to give owt Letters of horneing at the petitioners instance and other dilligences against the above Mr William Jack and his Cawtioner in the within bond chargeing theirfor the above Sowme of Ane Hundereth and nyntie Seven punds Scotts as the expenses of repaireing the manse of Biggar conforme to his bond and the Said act of presbetry

1. NRS, PC2/26, 363v-364v.

1. NRS, PC2/26, 363v-364v.

Sederunt, 22 June 1697, Edinburgh

Posted on by

Att Edinburgh the twentie second of Jwny Jaj vic nyntie seven yeirs1

D1697/6/152

Sederunt

Lord Chancellor; Duke of Qweensberry; Earl of Argyll; Earl of Southerland; Earl of Morton; Earl of Lauderdale; Earl of Lothian; Earl of Lowdowne; Earl of Leven; Earl of Annandale; Earl of Forffar; Earl of Rwglen; Viscount Tarbatt; Lord Ruthven; Lord Secretarie Ogilvie; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Laird of Pollock; Proveist of Edinburgh; Laird of Kellburne; Sir Patrick Murray

Att Edinburgh the twentie second of Jwny Jaj vic nyntie seven yeirs1

D1697/6/152

Sederunt

Lord Chancellor; Duke of Qweensberry; Earl of Argyll; Earl of Southerland; Earl of Morton; Earl of Lauderdale; Earl of Lothian; Earl of Lowdowne; Earl of Leven; Earl of Annandale; Earl of Forffar; Earl of Rwglen; Viscount Tarbatt; Lord Ruthven; Lord Secretarie Ogilvie; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Laird of Pollock; Proveist of Edinburgh; Laird of Kellburne; Sir Patrick Murray

1. NRS, PC2/26, 363v.

2. NRS, PC2/26, 363v.

1. NRS, PC2/26, 363v.

2. NRS, PC2/26, 363v.

Act, 17 June 1697, Edinburgh

Posted on by

Att Edinburgh the Seventyne day of Jwny Jaj vic nyntie Seven yeirs

D1697/6/141

Act

Act The presbetry of Dwmfreis

Anent the petitione given in to the Lords of his majesties privie Cownsell be The presbetry of Dwmfreise Shewing That wher the petitioners haveing applyed to ther Lordships upon twesday Last for putting the sentance of deprviatione pronunced by ther Lordships in the termes of the act of parliament in executione Against Mr John Frazer Schooll maister at Drwmfreise deposed by the said presbetries Sentance then and now prodwced with the said petitione Ther Lordships were pleased efter the reading of the foirsaid petitione to Lett the Samen fall as Supposeing that the Said Schoollmaister had upon ther applicatione to the magistrats of Drwmfreise to remove him in executione of ther Sentance Advocat the Same to the Lords of Sessione which is a mistake in point of fact Wheras the plaine caise is that the saidd Schoollmaister Stands deposed by the petitioners sentance and that they did not make any applicatione to the magistrats for executeing therof But doe now in the first instance apply to ther Lordships conforme to the act of parliament Jaj vic nyntie thrie yeirs to have ther Sentance made effectwall and any mentione made of the Schoollmaisters advocatione was not that he had aither from the presbetrie (the presbetrie haveing past Sentance as said is) or that he had advocat the executione of the Said Sentance from the towne to whom the presbetrie did not apply for that end but onlie to prevent a Scruple that might be Suggested to ther Lordships Because the Schooll maister feareing indeed that a proces for deprivatione might be raised befor the baillies against him had advocat from them which does not at all concerne this caise it being evident that this growndles advocatione of a process which never was cannot hinder ther Lordships to putt the petitioners Sentance in executione conforme to the act of parliament wher ther is no legall Stopp nor any hazard of interfeiring with the Lords of Sessione ther Jurisdictione And therfore humblie craveing to the effect eftermentioned As the Said petitione bears which being this day read and considered be the saids Lords of privie Counsell and ane other petitione be Mr John Frazer Schoolmaister at Drwmfreise against the Same with the haill writts mentioned therin and produced therwith They find the advocatione produced does not meet the cause and have refwise and heirby refwises the desyre of Mr John Frazers petitione and decernes and ordaines the said Mr John Frazer the Schoollmaister to flitt and remove himself from the Schooll of Drwmfreise and himself and his familie from the Schoollhouse and to desist from any furder exercise of Schoollmaister of the said bwrgh of Drwmfreise and decernes and ordaines the said Mr John Frazer Schoollmaster to delyver up the keyes of the Schooll of the Said bwrgh to the moderator of the presbetrie of Drwmfreis for the tyme being or any persone whom they Shall appoint And ordaines Letters of horneing to be direct heirupon on fifetein dayes wnder the Signet of Cownsell and others upon the premisses in forme as effeirs

Att Edinburgh the Seventyne day of Jwny Jaj vic nyntie Seven yeirs

D1697/6/141

Act

Act The presbetry of Dwmfreis

Anent the petitione given in to the Lords of his majesties privie Cownsell be The presbetry of Dwmfreise Shewing That wher the petitioners haveing applyed to ther Lordships upon twesday Last for putting the sentance of deprviatione pronunced by ther Lordships in the termes of the act of parliament in executione Against Mr John Frazer Schooll maister at Drwmfreise deposed by the said presbetries Sentance then and now prodwced with the said petitione Ther Lordships were pleased efter the reading of the foirsaid petitione to Lett the Samen fall as Supposeing that the Said Schoollmaister had upon ther applicatione to the magistrats of Drwmfreise to remove him in executione of ther Sentance Advocat the Same to the Lords of Sessione which is a mistake in point of fact Wheras the plaine caise is that the saidd Schoollmaister Stands deposed by the petitioners sentance and that they did not make any applicatione to the magistrats for executeing therof But doe now in the first instance apply to ther Lordships conforme to the act of parliament Jaj vic nyntie thrie yeirs to have ther Sentance made effectwall and any mentione made of the Schoollmaisters advocatione was not that he had aither from the presbetrie (the presbetrie haveing past Sentance as said is) or that he had advocat the executione of the Said Sentance from the towne to whom the presbetrie did not apply for that end but onlie to prevent a Scruple that might be Suggested to ther Lordships Because the Schooll maister feareing indeed that a proces for deprivatione might be raised befor the baillies against him had advocat from them which does not at all concerne this caise it being evident that this growndles advocatione of a process which never was cannot hinder ther Lordships to putt the petitioners Sentance in executione conforme to the act of parliament wher ther is no legall Stopp nor any hazard of interfeiring with the Lords of Sessione ther Jurisdictione And therfore humblie craveing to the effect eftermentioned As the Said petitione bears which being this day read and considered be the saids Lords of privie Counsell and ane other petitione be Mr John Frazer Schoolmaister at Drwmfreise against the Same with the haill writts mentioned therin and produced therwith They find the advocatione produced does not meet the cause and have refwise and heirby refwises the desyre of Mr John Frazers petitione and decernes and ordaines the said Mr John Frazer the Schoollmaister to flitt and remove himself from the Schooll of Drwmfreise and himself and his familie from the Schoollhouse and to desist from any furder exercise of Schoollmaister of the said bwrgh of Drwmfreise and decernes and ordaines the said Mr John Frazer Schoollmaster to delyver up the keyes of the Schooll of the Said bwrgh to the moderator of the presbetrie of Drwmfreis for the tyme being or any persone whom they Shall appoint And ordaines Letters of horneing to be direct heirupon on fifetein dayes wnder the Signet of Cownsell and others upon the premisses in forme as effeirs

1. NRS, PC2/26, 362v-363v.

1. NRS, PC2/26, 362v-363v.