Tag Archives: March

Act, 6 March 1699, Edinburgh

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Att Edinburgh The Sixth day of March Jaj vic Nyntie Nyne years

D1699/3/81

Act

Act Mr William Fraser Minister

Anent the petition given in to the Lords of his Majesties privy Councill be Mr William Frazer minister of the Gospell, Shewing That wher Jean Gordon Spouse to Mr William Fraser Minister at Slaines father to the petitioner haveing Laboured for severall years of a distemper and Frenzie of mynd which brought on her a decay of body So that in October Last She was found dead in her bed in a morning Wherupon Some of her freinds did raise a most uncharratable and unjust report of her being poysoned by the petitioner her step sone notwithstanding that it was nottour that he was at Aberdein, Twentie four myles off the day before she dyed, and tho the body of the said Jean Gordon was seen after her death by all the Nighbours about Lying in her 2 dead Cloathes more then Twentie four hours and to the veiw of all, and therafter decently interred at the Sight of the gentrie and Commons of the Countrey therabout Yet therafter So malicious were the freinds of the said Jean Gordon that upon applicatione to his majesties advocat who was informed by them that the said Jean Gordon was poysioned and bleed to death by the petitioners they obtained ane warrand to William Hay of Earnhill baillie to the Earle of Erroll for takeing a precognition of all persones in and about the house wher the said Jean dyed, and in order therto he Caused digg up the body of the said Jean Gordon out of her grave, and haveing brought ale persones that were in and about the said house and the petitioner amongest the rest he did in presence of severall Gentlmen with him veiw the Corps of the said Jean Gordon which was altogither free of any mark of violence and after haveing Caused Mr William Dunbar minister at Cruden pray to god to discover the actors of any violence done to the said Jean Gordon (if any was) and therafter did Cause the petitioner with the other persones of the family touch the the3 body of the said Jean Gordon, notwithstanding wherof their appeared nothing upon the body to make the Least indicatione of her haveing been murdered and the precognition taken and reported to his majesties advocat a while agoe makes nothing out against the petitioner of his being either actors of or Accessory to the death of the Said Jean Gordon yet notwithstanding of what is above represented the freinds of the said Jean Gordon Caused Imprison the petitioner in the Tolbooth of Aberdeen wher he had Lyen upwards of thrie moneths to the ruine of himself and his Small familly, and non of them all this time have insisted against him, Bot now as the petitioner is infomed they designe to give him ane indictment before the Commissioners of Justiciary of Alerdein4 many wherof are relations to the said Jean Gordone wher the petitioner Cannot expect ane Impartiall tryall and upon the grounds follwing he contends that he ought to be tryed only before the Lords of Justiciary if they doe insist against him, For first the Commissioners of Justiciary their Commissione reaches only to the depredations and roberies Committed in the Highlands (5Secundo the Cryme of Murder alleadged against the petitioner being a Clandistine Cryme; and to be inferred as much from presumptions as from any positive probation The Lords of Justiciary are the only fitt Judges to Cognose in the like matter, Tertio the petitioner by a tryall in the Countrey will want the benefite of Councill, Which is both Just to be given and necessary to be hade by all persones who are pannalled for their Life, And Therfore humbly Craveing the saids Lords would be pleased to ordaine the freinds of the said Jean Gordon to insist with all conveniencie against the petitioner allenarly before the Lord Justice Generall and Commissioners of the Justiciary, and that betwixt and ane Certain day and in case they doe not insist to Grant Warrand to the Shirriff of Aberdeen to sett the petitioner at Libertie and seing the petitioner was willing to abyde a tryall before the Lords of Justiciary and that the petitioner could not find Caution to Sist himself here that therfore the Shirreff Aberdein by a pass Comitatus Sist the petitioner ther wher the petitioner might be able to vindicat himself of the Malicious Calumnies and Crymes Laid to his charge as the petition bears. The Lords of his Majesties privy Councill haveing Considered the above petition given into them by the above Mr William Fraser Minister They doe hereby appoint the freinds of the above Jean Gordon to insist against the petitioner before the Lord Justice Generall Justice depute and Lords Commissioners of his Majesties Justiciary allenarly and before no other Court whatsomever and appoints the petitioners tryall to be before the saids Judges allenarly.

Att Edinburgh The Sixth day of March Jaj vic Nyntie Nyne years

D1699/3/81

Act

Act Mr William Fraser Minister

Anent the petition given in to the Lords of his Majesties privy Councill be Mr William Frazer minister of the Gospell, Shewing That wher Jean Gordon Spouse to Mr William Fraser Minister at Slaines father to the petitioner haveing Laboured for severall years of a distemper and Frenzie of mynd which brought on her a decay of body So that in October Last She was found dead in her bed in a morning Wherupon Some of her freinds did raise a most uncharratable and unjust report of her being poysoned by the petitioner her step sone notwithstanding that it was nottour that he was at Aberdein, Twentie four myles off the day before she dyed, and tho the body of the said Jean Gordon was seen after her death by all the Nighbours about Lying in her 2 dead Cloathes more then Twentie four hours and to the veiw of all, and therafter decently interred at the Sight of the gentrie and Commons of the Countrey therabout Yet therafter So malicious were the freinds of the said Jean Gordon that upon applicatione to his majesties advocat who was informed by them that the said Jean Gordon was poysioned and bleed to death by the petitioners they obtained ane warrand to William Hay of Earnhill baillie to the Earle of Erroll for takeing a precognition of all persones in and about the house wher the said Jean dyed, and in order therto he Caused digg up the body of the said Jean Gordon out of her grave, and haveing brought ale persones that were in and about the said house and the petitioner amongest the rest he did in presence of severall Gentlmen with him veiw the Corps of the said Jean Gordon which was altogither free of any mark of violence and after haveing Caused Mr William Dunbar minister at Cruden pray to god to discover the actors of any violence done to the said Jean Gordon (if any was) and therafter did Cause the petitioner with the other persones of the family touch the the3 body of the said Jean Gordon, notwithstanding wherof their appeared nothing upon the body to make the Least indicatione of her haveing been murdered and the precognition taken and reported to his majesties advocat a while agoe makes nothing out against the petitioner of his being either actors of or Accessory to the death of the Said Jean Gordon yet notwithstanding of what is above represented the freinds of the said Jean Gordon Caused Imprison the petitioner in the Tolbooth of Aberdeen wher he had Lyen upwards of thrie moneths to the ruine of himself and his Small familly, and non of them all this time have insisted against him, Bot now as the petitioner is infomed they designe to give him ane indictment before the Commissioners of Justiciary of Alerdein4 many wherof are relations to the said Jean Gordone wher the petitioner Cannot expect ane Impartiall tryall and upon the grounds follwing he contends that he ought to be tryed only before the Lords of Justiciary if they doe insist against him, For first the Commissioners of Justiciary their Commissione reaches only to the depredations and roberies Committed in the Highlands (5Secundo the Cryme of Murder alleadged against the petitioner being a Clandistine Cryme; and to be inferred as much from presumptions as from any positive probation The Lords of Justiciary are the only fitt Judges to Cognose in the like matter, Tertio the petitioner by a tryall in the Countrey will want the benefite of Councill, Which is both Just to be given and necessary to be hade by all persones who are pannalled for their Life, And Therfore humbly Craveing the saids Lords would be pleased to ordaine the freinds of the said Jean Gordon to insist with all conveniencie against the petitioner allenarly before the Lord Justice Generall and Commissioners of the Justiciary, and that betwixt and ane Certain day and in case they doe not insist to Grant Warrand to the Shirriff of Aberdeen to sett the petitioner at Libertie and seing the petitioner was willing to abyde a tryall before the Lords of Justiciary and that the petitioner could not find Caution to Sist himself here that therfore the Shirreff Aberdein by a pass Comitatus Sist the petitioner ther wher the petitioner might be able to vindicat himself of the Malicious Calumnies and Crymes Laid to his charge as the petition bears. The Lords of his Majesties privy Councill haveing Considered the above petition given into them by the above Mr William Fraser Minister They doe hereby appoint the freinds of the above Jean Gordon to insist against the petitioner before the Lord Justice Generall Justice depute and Lords Commissioners of his Majesties Justiciary allenarly and before no other Court whatsomever and appoints the petitioners tryall to be before the saids Judges allenarly.

1. NRS, PC2/27, 199r-200v.

2. The word ‘bed’ scored out here.

3. Sic.

4. Sic.

5. Closing bracket missing.

1. NRS, PC2/27, 199r-200v.

2. The word ‘bed’ scored out here.

3. Sic.

4. Sic.

5. Closing bracket missing.

Act, 6 March 1699, Edinburgh

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Att Edinburgh The Sixth day of March Jaj vic Nyntie Nyne years

D1699/3/71

Act

Act Ogilvies

Anent the petition given in to the Lords of his Majesties privy Councill be Mrs Mary Ogilvie doughter to Sir Francis Ogilvie of Newgrainge and of David, James, and Jean Ogilvies Grand Cheldrein to the said Sir Francis Shewing That wher upon application made to the saids Lords by the deceast Dame Anna Rait the petitioners mother and Grandmother Representing the said Circumstances of her husband and the petitioners her poor family which were reduced to the greatest of Straits not only by the Creditors being in possession of the Estate for payment of their Just debts, bot of the deceast James Carnegie of Wester Breakie his Cheldrein their being in possession of the Lands of Easter Breakie which belongs to the said Sir Francis Extending to twenty two Chalders victuall yearly It was then represented and now resumed that the only title of their possession was that the said James Carnegy as propriator of the Lands of Wester Breakie being Superior of the Lands of Easter Breakie, Did Declare Sir Francis Ogilvies Escheat of Panmures instance against him Satisfied within year and day meerly upon his Ommission to relax, Its notour that Breakie was never Creditor to Sir Francis in one six pence, as also that this Caswality did fall when Douglas of Bridgfoord was propriator of the Lands of Wester Breakie and that James Carnegy who purchast these Lands and this Superiority from him payed nothing for this Casuality, Bot on the Contrair if he were alyve It could be proven by his oath that he was ingadged to discharge the Same, This being matterially what was represented by the said Dame Anna Rait in her petition and informations Notwithstanding of Long answers and Litigeous debate made for Braikies Cheldrein the saids Lords by their act dated the fourtein of March Jaj vic nynty four Did ordaine then Chalders of victuall or ane thousand merks of annuity to be payed to the petitioner for the mantinance of her her2 husband and family out of the Lands of Easter Breakie dureing Sir Francis lifetime free of all publict dues, And Ordained the Shirreff depute of Forfar to put her in possession therof, and the said Dame Anna Rait being now deceast, It was Contraverted That by Vertue of the forsaid act the petitioners have not any intrest to acclame this aliement notwithstanding that the same was granted for Sir Francis and the petitioners use and to be payed dureing Sir Francis Lifetime who by the death of the said Dame Anna Rait are now reduced to their former Straits And Therfore Supplicating to the effect aftermentioned, The Lords of3 his majesties privy Councill haveing Considered this petition given in to them by the above Mrs Mary Ogilvie, David, James, and Jean Ogilvies Grand Cheldrein to the above Sir Francis Ogilvie They hereby Ordaine the above act of Councill to be put to execution at the petitioners and their father and Grandfathers instances, For their oun and their old father and Grand fathers subsistance in the Same maner as execution might havep assed therupon at the instance of their deceast Grantmother, who obtained the said act which is dated the fourtein of March Jaj vic nyntie four years for payment of what is therin contained or decerned yearly for his present year and in time comeing for them and their father and Grand father aliement since the terme of Mertimass Jaj vic nyntie seven years.

Att Edinburgh The Sixth day of March Jaj vic Nyntie Nyne years

D1699/3/71

Act

Act Ogilvies

Anent the petition given in to the Lords of his Majesties privy Councill be Mrs Mary Ogilvie doughter to Sir Francis Ogilvie of Newgrainge and of David, James, and Jean Ogilvies Grand Cheldrein to the said Sir Francis Shewing That wher upon application made to the saids Lords by the deceast Dame Anna Rait the petitioners mother and Grandmother Representing the said Circumstances of her husband and the petitioners her poor family which were reduced to the greatest of Straits not only by the Creditors being in possession of the Estate for payment of their Just debts, bot of the deceast James Carnegie of Wester Breakie his Cheldrein their being in possession of the Lands of Easter Breakie which belongs to the said Sir Francis Extending to twenty two Chalders victuall yearly It was then represented and now resumed that the only title of their possession was that the said James Carnegy as propriator of the Lands of Wester Breakie being Superior of the Lands of Easter Breakie, Did Declare Sir Francis Ogilvies Escheat of Panmures instance against him Satisfied within year and day meerly upon his Ommission to relax, Its notour that Breakie was never Creditor to Sir Francis in one six pence, as also that this Caswality did fall when Douglas of Bridgfoord was propriator of the Lands of Wester Breakie and that James Carnegy who purchast these Lands and this Superiority from him payed nothing for this Casuality, Bot on the Contrair if he were alyve It could be proven by his oath that he was ingadged to discharge the Same, This being matterially what was represented by the said Dame Anna Rait in her petition and informations Notwithstanding of Long answers and Litigeous debate made for Braikies Cheldrein the saids Lords by their act dated the fourtein of March Jaj vic nynty four Did ordaine then Chalders of victuall or ane thousand merks of annuity to be payed to the petitioner for the mantinance of her her2 husband and family out of the Lands of Easter Breakie dureing Sir Francis lifetime free of all publict dues, And Ordained the Shirreff depute of Forfar to put her in possession therof, and the said Dame Anna Rait being now deceast, It was Contraverted That by Vertue of the forsaid act the petitioners have not any intrest to acclame this aliement notwithstanding that the same was granted for Sir Francis and the petitioners use and to be payed dureing Sir Francis Lifetime who by the death of the said Dame Anna Rait are now reduced to their former Straits And Therfore Supplicating to the effect aftermentioned, The Lords of3 his majesties privy Councill haveing Considered this petition given in to them by the above Mrs Mary Ogilvie, David, James, and Jean Ogilvies Grand Cheldrein to the above Sir Francis Ogilvie They hereby Ordaine the above act of Councill to be put to execution at the petitioners and their father and Grandfathers instances, For their oun and their old father and Grand fathers subsistance in the Same maner as execution might havep assed therupon at the instance of their deceast Grantmother, who obtained the said act which is dated the fourtein of March Jaj vic nyntie four years for payment of what is therin contained or decerned yearly for his present year and in time comeing for them and their father and Grand father aliement since the terme of Mertimass Jaj vic nyntie seven years.

1. NRS, PC2/27, 198r-199r.

2. Sic.

3. The word ‘Councell’ scored out here.

1. NRS, PC2/27, 198r-199r.

2. Sic.

3. The word ‘Councell’ scored out here.

Decreet, 6 March 1699, Edinburgh

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Att Edinburgh The Sixth day of March Jaj vic Nyntie Nyne years

D1699/3/61

Decreet

Report and Interloquitor Carnwath Against Pennicook

Edinburgh the thrid march Jaj vic nyntie nyne The Committie anent the process Carnwath against Clerk of Pennicook Et e contra, Sederunt Earles of Lauderdale and Annandale Lord Ruthven Lord President of the Session Lords Crossrig and Rankeillor The Earle of Annandale Elected presess, The Committie haveing Called for both the Laird of Carnwath and the Laird of Pennicook, They appointed Pennicook to restore Carnwath to the possession of his seatt, and to delyver him the keyes therof, and to allow him a passadge throw his Isle to the said Seatt and to delyver him a pass key of the Isle for his passadge and appointed Penicook to acknowledge his mistake to Carnwath and regrate it should have fallen so out for he designed to have Lived in peace with him Which Pennicook did before the Committie Reserveing to both parties the point of privat right before the Judge ordinary as accords in Law, And the Committie Sent James Dobie bedle of Lessmad and James Stodhart officer to Pennicook to the Tolbooth of Edinburgh ther to remaine dureing the Councill or Committies pleasure Sic Subscribitur Annandale P IPC: The Lords of his majesties privy Councill haveing Considered the above report of a Comittie of their oun number In the process betwixt George Lockhart of Carnwath and Sir John Clerk of Pennicook, And the Earle of Annandale haveing Declared that the beddell and the Officer mentioned in the report who were Imprisoned by the Committie were upon Carnwaths application Liberat within Twenty four hours after their Imprisonment They Doe hereby approve of the said report And interpones their authority therto, And Ordaines Letters of horning under the Signet of Councill To be direct theron for performance of what therof is not yet performed at sight of the said Committie

Att Edinburgh The Sixth day of March Jaj vic Nyntie Nyne years

D1699/3/61

Decreet

Report and Interloquitor Carnwath Against Pennicook

Edinburgh the thrid march Jaj vic nyntie nyne The Committie anent the process Carnwath against Clerk of Pennicook Et e contra, Sederunt Earles of Lauderdale and Annandale Lord Ruthven Lord President of the Session Lords Crossrig and Rankeillor The Earle of Annandale Elected presess, The Committie haveing Called for both the Laird of Carnwath and the Laird of Pennicook, They appointed Pennicook to restore Carnwath to the possession of his seatt, and to delyver him the keyes therof, and to allow him a passadge throw his Isle to the said Seatt and to delyver him a pass key of the Isle for his passadge and appointed Penicook to acknowledge his mistake to Carnwath and regrate it should have fallen so out for he designed to have Lived in peace with him Which Pennicook did before the Committie Reserveing to both parties the point of privat right before the Judge ordinary as accords in Law, And the Committie Sent James Dobie bedle of Lessmad and James Stodhart officer to Pennicook to the Tolbooth of Edinburgh ther to remaine dureing the Councill or Committies pleasure Sic Subscribitur Annandale P IPC: The Lords of his majesties privy Councill haveing Considered the above report of a Comittie of their oun number In the process betwixt George Lockhart of Carnwath and Sir John Clerk of Pennicook, And the Earle of Annandale haveing Declared that the beddell and the Officer mentioned in the report who were Imprisoned by the Committie were upon Carnwaths application Liberat within Twenty four hours after their Imprisonment They Doe hereby approve of the said report And interpones their authority therto, And Ordaines Letters of horning under the Signet of Councill To be direct theron for performance of what therof is not yet performed at sight of the said Committie

1. NRS, PC2/27, 197v-198r.

1. NRS, PC2/27, 197v-198r.

Decreet, 6 March 1699, Edinburgh

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Att Edinburgh The Sixth day of March Jaj vic Nyntie Nyne years

D1699/3/51

Decreet

Decreet Sussana Weir and her husband Against Anna Johnstone and her husband

Anent the bill of Suspensione given in to the Lords of his Majesties privy Councill be Anna Johnstone relict of the deceast Walter Weer of Dalrymilnes and James Murray merchant in Edinburgh her husband for his intrest Shewing That wher the petitioners are Charged be vertue of Letters of horning raised at the instance of Sussana Weir daughter to the deceast Gavin Weir Who was brother to the said deceast Walter Weir and only appearand heir to him and George Weir one of the macers of privy Councill Curators to the said Sussana Weir To make payment to the said Chargers of the Soume of ane hundred merks Scots money as ane termes aliement due by the petitioners to the said Chargers from the terme of Martinmass Jaj vic Nyntie Seven to Whitsunday Jaj vic nyntie Eight Contained in ane decreit obtained at the instances of the said Sussana and George Weirs before the saids Lords against the petitioner and her husband for his intrest upon the twenty eight of November Jaj vic Nyntie thrie, and that within ane Certaine Short space nixt after the Charge under the payne of rebellion and puting the petitioner to the horn And who for alleadged disobedience intends to cause Denounce the petitioners most wrongeously and injustly Considering it is of verity That primo the said Sussana Weir is now Maried and Cloathed with a husband Viz Charles Mylne wryter to the Signet Who by the Lawes of this and all nations is oblidged to provyde his wife with all Necessars Especially With food and rayment So that the pretended act of Councill is now exauterat, For it could never be extended furder then ane aliement dureing the said Sussanns Minority or while unmaried And being maried the saids Lords act Cease Secundo albeit She were not Cited with a husband as she is yet she could have no aliement allowed her out of the relict of Walter Weirs lifrent which is only ane annuittie Because primo She is not Walter Weirs Daughter who was propriator and who for Onerous Causes provyded the petitioner in ane reasonable annuity Secundo Because the petitioner offer possitively to make appear to the saids Lords that the said Sussanna Weir is in possession or has right to uplift betwixt thrie and four hundred merks yearly as the rents of the houses and Lands in the Potterow which pertained to the said Walter Weir her uncle, and now Setled upon her by the assistance of her freinds and factor Tertio the petitioner Craves Compensatione of the Soume of Fourty pounds Scots in part of payment of ane greater due by the said Charles Milne to the petitioner Conforme to his bond therwith produced Quinto the mariadge was Clandastine and Irregular being Contrair to the acts of parliament and She maried against all her freinds wills and without their Consents For which the said George Weir will not own her more and offers to disclaime the Charge given in in his name, and Lastly at fardest the petitioner could only be Lyable for payment of ane termes aliement Viz from Mertinmas Jaj vic nyntie Seven to Whitsunday Jaj vic Nyntie Eight preceeding the mariadge Which the petitioner was willing to pay allowing the said Compensation and upon a sufficient discharge to free the petitioner of any farder payments in time comeing of the aliement Contained in the said act of Councill, By all which it was evident that the petitioner was wrongeously Charged and therby her escheat undangered And Therfore is Nevertheless for the more obedience She was content to find Caution acted in the Saids Lords books to the effect above mentioned Incase it should be found be the saids Lords that she was Lyable and ought so to doe at the discussing therof And Therfore Humbly Craveing the saids Lords would be pleased to Grant Letters for Sumonding the said Sussanna Weir Charles Milne and George Weir Chargers To Compear before the saids Lords Bringing with them the forsaid act and Letters of horning following theron executiones and indorsationes therof To have been seen and Considered be the saids Lords, And to have heard and seen the Samen Suspended as the said bill bears Which Bill being read in presence of the saids Lords of his majesties privy Councill Upon the Sixtein day of February Last They Ordained both parties to be ready against ane Certaine day now bygone to debate the saids reasones of the bill of Suspension and declared that they would dismiss the reasones upon the bill and in the mean time allowed the Charger to See and answer the Same and Stopt all executione at the instance of the Saids Chargers against the said Suspenders upon the decreet charged on till the answers be given in to the said bill of Suspension and the bill and answers advyssed and interloquitors pronunced by the Councill theron, Which bill of Suspension being given up to the Chargers to see and answer and they haveing seen the same returned the bill and gave in the answers therto following Viz, The Lords of his Majesties privy Councill haveing setled ane aliement upon the said Sussanna as appearand heir to the said Walter Weir of Dalrymilns her uncle to be payed by the said Anna Johnstoune relict of the said Walter who Lifrented the whole intrest and which aliement is only two hundred merks yearly The lifrentrix and her husband gives in a bill of Suspension to the saids Lords and without repeating the Samen, the Chargers returne the following answers, As to the first reasone bearing that the said Sussanna being now maried, her husband ought to aliement her It was answered Primo That the act of parliament is opponed bearing that Lifrentars and Conjunct fiars are ordained to provyde the appearand heir with ane reasonable Liveing and Sustaintation to the heir after the quantitie of the heritadge If ther be no blench or few Lands to Sustaine the heir upon, So that the act of parliament being act 25 parliament 3d James 4th makes no distinction whither the heir be maried or unmaried, and the Sustaintation of the heir Is a proper debt and burden upon the lifrentrix fixed and Constituted by ane express Law, and makes no exception except wher the act hes few or blench Lands to mantaine them It is true that a husband is oblidged to maintaine his wife, Bot this does not Liberat the lifrentar from the Obligation Imposed upon the Lifrentar by the forsaid act of parliament for therby the aliement is aproper debt due to the heir In Swae farr as it is Suitable to the estates and if what aliement the estate may be or be not Sufficient the husband most aliement her Sufficiently and seek in from the lifrentrix the Soume due by her, For if ane wife hade ane aliement Constituted to her by her first husband dureing her lifetime as a lifrent may be If that2 woman should after wards be maried to a Second husband It would not make the Constitution of the first aliement void, albeit her husband were oblidged to provyde for her, Bot notwithstanding therof She and her second husband would have right to the provision of aliement constitut by a Second husband Even So in this case albeit the husband be oblidged to provyde for his wife, yet neither he nor She was obliedged therby to pass from any right Constitut in their person by Law or paction Secundo if the appearand heir hade been make as she is female Non would have pretended that the mariadge of the male heir would have freed the lifrentrix from ane aliement and Seing the act of parliament makes no distinctione whither the heir male or famale or whither maried or not It was hoped that the saids Lords would make no distinction as to the second pretence that she is not Walter Weirs daughter Who was husband to the lifrentrix It is answered that she is Walter Weirs brothers daughter and appearand heir, and the act of parliament is in Generall termes appoints the appearand heir to have ane aliement whither Child, remotter or relatione without distinctione To the thrid that the heir uplifts thrie or four hundred merks yearly It is answered the samen is false, To the fourth anent the Compensation, It is answered that the Samen is a penaltie of Fourtie pound wherby William Milne masson and the said Charles as Cautioner for him was obleidged to perfect ane peice of work to the said Murray as factor to Anna Megitt, relict of the deceast Baillie Johnstone of Poltoune at the Sight of Alexander Govenlocks masson and in Obedience therunto the said William and Charles Mylnes Togither with the said Alexander Govenlocks at whose sight the samen was appointed to be done, past to the dwalling house wher the said masson work was to be put up, and the petitioners could have no enterance therto, either be the present possessor nor would the said James Murray concurr with them to procure the samen, as ane instrument taken therupon, and Declaration under the said Alexander Govenlocks his hand therwith produced would testifie as to the fifth, That the mariadge was Irregular It is jus Tertii to the defender whither it is so or not, as to the sixth that he haveing maried her without her freinds Consent and that George Weir who was her Curator will not own her, and that he will disclaime the Charge given It is false for ther is not one of her freinds bot ownes both she and the said Charles and they desyre that Mr Murray would be pleased to Condescend upon any of her freinds that disownes her or the said Charles, and as to the Last the answer of the first is opponed bearing that the mariadge does not terminat the aliement In Respect wherof the desyre of the bill Ought to be refused as the answers bears Which bill and answers given in therto be the Chargers Being this day read in presence of the Lords of his majesties privy Councill And the saids Lords haveing Considered the Said bill and reasones therof with the answers made by the saids Chargers therto They Doe hereby Find the letters and Charges raised at the Chargers instance against the saids Suspenders Orderly proceeded for the above Soume of ane hundred merks as the aliement due from mertimass Jaj vic nyntie seven to Whitsunday Jaj vic nyntie Eight years And Ordaines the same to be put to executione ay and while the saids Suspenders make payment therof, And have suspended and hereby Suspends the said decreet charged on and all payment of the alliement therin Contained from and after the said terme of Whitsunday Jaj vic nyntie Eight years and Declares the Saids Suspenders quyt therof and free therfrae in all time comeing, And Ordaines the Chargers before extracting hereof to purge or Louse any areistments which are Laid on in the Suspenders hands upon the aliement for which the Letters are found orderly proceeded as Law requyres.

Att Edinburgh The Sixth day of March Jaj vic Nyntie Nyne years

D1699/3/51

Decreet

Decreet Sussana Weir and her husband Against Anna Johnstone and her husband

Anent the bill of Suspensione given in to the Lords of his Majesties privy Councill be Anna Johnstone relict of the deceast Walter Weer of Dalrymilnes and James Murray merchant in Edinburgh her husband for his intrest Shewing That wher the petitioners are Charged be vertue of Letters of horning raised at the instance of Sussana Weir daughter to the deceast Gavin Weir Who was brother to the said deceast Walter Weir and only appearand heir to him and George Weir one of the macers of privy Councill Curators to the said Sussana Weir To make payment to the said Chargers of the Soume of ane hundred merks Scots money as ane termes aliement due by the petitioners to the said Chargers from the terme of Martinmass Jaj vic Nyntie Seven to Whitsunday Jaj vic nyntie Eight Contained in ane decreit obtained at the instances of the said Sussana and George Weirs before the saids Lords against the petitioner and her husband for his intrest upon the twenty eight of November Jaj vic Nyntie thrie, and that within ane Certaine Short space nixt after the Charge under the payne of rebellion and puting the petitioner to the horn And who for alleadged disobedience intends to cause Denounce the petitioners most wrongeously and injustly Considering it is of verity That primo the said Sussana Weir is now Maried and Cloathed with a husband Viz Charles Mylne wryter to the Signet Who by the Lawes of this and all nations is oblidged to provyde his wife with all Necessars Especially With food and rayment So that the pretended act of Councill is now exauterat, For it could never be extended furder then ane aliement dureing the said Sussanns Minority or while unmaried And being maried the saids Lords act Cease Secundo albeit She were not Cited with a husband as she is yet she could have no aliement allowed her out of the relict of Walter Weirs lifrent which is only ane annuittie Because primo She is not Walter Weirs Daughter who was propriator and who for Onerous Causes provyded the petitioner in ane reasonable annuity Secundo Because the petitioner offer possitively to make appear to the saids Lords that the said Sussanna Weir is in possession or has right to uplift betwixt thrie and four hundred merks yearly as the rents of the houses and Lands in the Potterow which pertained to the said Walter Weir her uncle, and now Setled upon her by the assistance of her freinds and factor Tertio the petitioner Craves Compensatione of the Soume of Fourty pounds Scots in part of payment of ane greater due by the said Charles Milne to the petitioner Conforme to his bond therwith produced Quinto the mariadge was Clandastine and Irregular being Contrair to the acts of parliament and She maried against all her freinds wills and without their Consents For which the said George Weir will not own her more and offers to disclaime the Charge given in in his name, and Lastly at fardest the petitioner could only be Lyable for payment of ane termes aliement Viz from Mertinmas Jaj vic nyntie Seven to Whitsunday Jaj vic Nyntie Eight preceeding the mariadge Which the petitioner was willing to pay allowing the said Compensation and upon a sufficient discharge to free the petitioner of any farder payments in time comeing of the aliement Contained in the said act of Councill, By all which it was evident that the petitioner was wrongeously Charged and therby her escheat undangered And Therfore is Nevertheless for the more obedience She was content to find Caution acted in the Saids Lords books to the effect above mentioned Incase it should be found be the saids Lords that she was Lyable and ought so to doe at the discussing therof And Therfore Humbly Craveing the saids Lords would be pleased to Grant Letters for Sumonding the said Sussanna Weir Charles Milne and George Weir Chargers To Compear before the saids Lords Bringing with them the forsaid act and Letters of horning following theron executiones and indorsationes therof To have been seen and Considered be the saids Lords, And to have heard and seen the Samen Suspended as the said bill bears Which Bill being read in presence of the saids Lords of his majesties privy Councill Upon the Sixtein day of February Last They Ordained both parties to be ready against ane Certaine day now bygone to debate the saids reasones of the bill of Suspension and declared that they would dismiss the reasones upon the bill and in the mean time allowed the Charger to See and answer the Same and Stopt all executione at the instance of the Saids Chargers against the said Suspenders upon the decreet charged on till the answers be given in to the said bill of Suspension and the bill and answers advyssed and interloquitors pronunced by the Councill theron, Which bill of Suspension being given up to the Chargers to see and answer and they haveing seen the same returned the bill and gave in the answers therto following Viz, The Lords of his Majesties privy Councill haveing setled ane aliement upon the said Sussanna as appearand heir to the said Walter Weir of Dalrymilns her uncle to be payed by the said Anna Johnstoune relict of the said Walter who Lifrented the whole intrest and which aliement is only two hundred merks yearly The lifrentrix and her husband gives in a bill of Suspension to the saids Lords and without repeating the Samen, the Chargers returne the following answers, As to the first reasone bearing that the said Sussanna being now maried, her husband ought to aliement her It was answered Primo That the act of parliament is opponed bearing that Lifrentars and Conjunct fiars are ordained to provyde the appearand heir with ane reasonable Liveing and Sustaintation to the heir after the quantitie of the heritadge If ther be no blench or few Lands to Sustaine the heir upon, So that the act of parliament being act 25 parliament 3d James 4th makes no distinction whither the heir be maried or unmaried, and the Sustaintation of the heir Is a proper debt and burden upon the lifrentrix fixed and Constituted by ane express Law, and makes no exception except wher the act hes few or blench Lands to mantaine them It is true that a husband is oblidged to maintaine his wife, Bot this does not Liberat the lifrentar from the Obligation Imposed upon the Lifrentar by the forsaid act of parliament for therby the aliement is aproper debt due to the heir In Swae farr as it is Suitable to the estates and if what aliement the estate may be or be not Sufficient the husband most aliement her Sufficiently and seek in from the lifrentrix the Soume due by her, For if ane wife hade ane aliement Constituted to her by her first husband dureing her lifetime as a lifrent may be If that2 woman should after wards be maried to a Second husband It would not make the Constitution of the first aliement void, albeit her husband were oblidged to provyde for her, Bot notwithstanding therof She and her second husband would have right to the provision of aliement constitut by a Second husband Even So in this case albeit the husband be oblidged to provyde for his wife, yet neither he nor She was obliedged therby to pass from any right Constitut in their person by Law or paction Secundo if the appearand heir hade been make as she is female Non would have pretended that the mariadge of the male heir would have freed the lifrentrix from ane aliement and Seing the act of parliament makes no distinctione whither the heir male or famale or whither maried or not It was hoped that the saids Lords would make no distinction as to the second pretence that she is not Walter Weirs daughter Who was husband to the lifrentrix It is answered that she is Walter Weirs brothers daughter and appearand heir, and the act of parliament is in Generall termes appoints the appearand heir to have ane aliement whither Child, remotter or relatione without distinctione To the thrid that the heir uplifts thrie or four hundred merks yearly It is answered the samen is false, To the fourth anent the Compensation, It is answered that the Samen is a penaltie of Fourtie pound wherby William Milne masson and the said Charles as Cautioner for him was obleidged to perfect ane peice of work to the said Murray as factor to Anna Megitt, relict of the deceast Baillie Johnstone of Poltoune at the Sight of Alexander Govenlocks masson and in Obedience therunto the said William and Charles Mylnes Togither with the said Alexander Govenlocks at whose sight the samen was appointed to be done, past to the dwalling house wher the said masson work was to be put up, and the petitioners could have no enterance therto, either be the present possessor nor would the said James Murray concurr with them to procure the samen, as ane instrument taken therupon, and Declaration under the said Alexander Govenlocks his hand therwith produced would testifie as to the fifth, That the mariadge was Irregular It is jus Tertii to the defender whither it is so or not, as to the sixth that he haveing maried her without her freinds Consent and that George Weir who was her Curator will not own her, and that he will disclaime the Charge given It is false for ther is not one of her freinds bot ownes both she and the said Charles and they desyre that Mr Murray would be pleased to Condescend upon any of her freinds that disownes her or the said Charles, and as to the Last the answer of the first is opponed bearing that the mariadge does not terminat the aliement In Respect wherof the desyre of the bill Ought to be refused as the answers bears Which bill and answers given in therto be the Chargers Being this day read in presence of the Lords of his majesties privy Councill And the saids Lords haveing Considered the Said bill and reasones therof with the answers made by the saids Chargers therto They Doe hereby Find the letters and Charges raised at the Chargers instance against the saids Suspenders Orderly proceeded for the above Soume of ane hundred merks as the aliement due from mertimass Jaj vic nyntie seven to Whitsunday Jaj vic nyntie Eight years And Ordaines the same to be put to executione ay and while the saids Suspenders make payment therof, And have suspended and hereby Suspends the said decreet charged on and all payment of the alliement therin Contained from and after the said terme of Whitsunday Jaj vic nyntie Eight years and Declares the Saids Suspenders quyt therof and free therfrae in all time comeing, And Ordaines the Chargers before extracting hereof to purge or Louse any areistments which are Laid on in the Suspenders hands upon the aliement for which the Letters are found orderly proceeded as Law requyres.

1. NRS, PC2/27, 194v-197v.

2. The word ‘wifes’ scored out here.

1. NRS, PC2/27, 194v-197v.

2. The word ‘wifes’ scored out here.

Act, 6 March 1699, Edinburgh

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Att Edinburgh The Sixth day of March Jaj vic Nyntie Nyne years

D1699/3/41

Act

Act Christiana Forbes for a Stipend

Anent the petitione given in to the Lords of his majesties privy Councill be Christiana Forbes Lawfull daughter to the deceast Patrick Bishope of Caithnes Shewing That the petitioner is in very great and pressing Straits and defficulties as by many other Calamitous events So particularly by the late Roberry of her house to her very great Loss and damnadge and that Committed here in the Cannogate, And the Church of Keith wherof Sir John Forbes of Craigiwar was Patron haveing been vaccant for the Cropt and year Jaj vic Nyntie fyve and not yet disposed off, The said Sir John Forbes would willingly apply that years Stipend of the said Church for the petitioners behoove (as appeared by his Consent therwith produced) if the saids Lords would be pleased to interpone their authority with the burdein allwayes of the twentie merks payed to the Ministers who preached at the said Church by order of the presbytry dureing that time, And Therfore humbly Supplicating to the effect aftermentioned The Lords of his Majesties privy Councill Haveing Considered this petition given in to them by the above Christiana Forbes with the patrones Consent mentioned in and produced with this proces, They do hereby Allow to2 the petitioner the Stipend of the above kirk of Keith and that for the haill Cropt and year of god Jaj vic nyntie fyve, with the burdein allwayes of the twenty merks to the Ministers preaching at the said kirk dureing the said year conforme to the3 act of parliament, And Decernes and Ordaines the said petition to be readily answered obeyed and payed of the saids years Stipend with the burdein of the Twenty merks to the Ministers preaching at the said kirk as said is, By the heritors fewars Wodsetters Liferentars titullars tacksmen of teynds tennents possessors and others Lyable in payment of the said years Stipend, And Ordaines Letters of horning under the Signet of Councill on fiftein dayes and others needfull to be direct hereon at the petitioners instance against the heritors and others forsaids Lyable in payment of the said years Stipend upon a production of a decreet of Locality, and incase ther be non Ordaines the heritors and others forsaids Lyable in payment of the said years stipend to make payment of their respective proportiones therof According as they Shall be Decerned by the Judge ordinary.

Att Edinburgh The Sixth day of March Jaj vic Nyntie Nyne years

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Act

Act Christiana Forbes for a Stipend

Anent the petitione given in to the Lords of his majesties privy Councill be Christiana Forbes Lawfull daughter to the deceast Patrick Bishope of Caithnes Shewing That the petitioner is in very great and pressing Straits and defficulties as by many other Calamitous events So particularly by the late Roberry of her house to her very great Loss and damnadge and that Committed here in the Cannogate, And the Church of Keith wherof Sir John Forbes of Craigiwar was Patron haveing been vaccant for the Cropt and year Jaj vic Nyntie fyve and not yet disposed off, The said Sir John Forbes would willingly apply that years Stipend of the said Church for the petitioners behoove (as appeared by his Consent therwith produced) if the saids Lords would be pleased to interpone their authority with the burdein allwayes of the twentie merks payed to the Ministers who preached at the said Church by order of the presbytry dureing that time, And Therfore humbly Supplicating to the effect aftermentioned The Lords of his Majesties privy Councill Haveing Considered this petition given in to them by the above Christiana Forbes with the patrones Consent mentioned in and produced with this proces, They do hereby Allow to2 the petitioner the Stipend of the above kirk of Keith and that for the haill Cropt and year of god Jaj vic nyntie fyve, with the burdein allwayes of the twenty merks to the Ministers preaching at the said kirk dureing the said year conforme to the3 act of parliament, And Decernes and Ordaines the said petition to be readily answered obeyed and payed of the saids years Stipend with the burdein of the Twenty merks to the Ministers preaching at the said kirk as said is, By the heritors fewars Wodsetters Liferentars titullars tacksmen of teynds tennents possessors and others Lyable in payment of the said years Stipend, And Ordaines Letters of horning under the Signet of Councill on fiftein dayes and others needfull to be direct hereon at the petitioners instance against the heritors and others forsaids Lyable in payment of the said years Stipend upon a production of a decreet of Locality, and incase ther be non Ordaines the heritors and others forsaids Lyable in payment of the said years stipend to make payment of their respective proportiones therof According as they Shall be Decerned by the Judge ordinary.

1. NRS, PC2/27, 193v-194r.

2. Insertion.

3. The word ‘said’ scored out here.

1. NRS, PC2/27, 193v-194r.

2. Insertion.

3. The word ‘said’ scored out here.

Sederunt, 6 March 1699, Edinburgh

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Att Edinburgh The Sixth day of March Jaj vic Nyntie Nyne years1

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Sederunt

Lord Chancelor; Duke of Queensberry P:S:; Earl of Argyle; Earl of Marr; Earl of Lowdone; Earl of Leven; Earl of Annandale; Earl of Northesk; Lord Strathnaver; Lord Ruthven; Lord Boyle; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberurchill; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Lord Phesdoe; Mr Fra: Montgomry; Provest of Edinburgh

Att Edinburgh The Sixth day of March Jaj vic Nyntie Nyne years1

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Sederunt

Lord Chancelor; Duke of Queensberry P:S:; Earl of Argyle; Earl of Marr; Earl of Lowdone; Earl of Leven; Earl of Annandale; Earl of Northesk; Lord Strathnaver; Lord Ruthven; Lord Boyle; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberurchill; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Lord Phesdoe; Mr Fra: Montgomry; Provest of Edinburgh

1. NRS, PC2/27, 193v.

2. NRS, PC2/27, 193v.

1. NRS, PC2/27, 193v.

2. NRS, PC2/27, 193v.

Act, 2 March 1699, Edinburgh

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Att Edinburgh The Second day of March Jaj vic Nyntie Nyne years

D1699/3/21

Act

Act The Earle of Annandale for a Stipend

Anent the petition given in to the Lords of his Majesties privy Councill be William Earle of Annandale patron of the paroch kirk of Wamphrey Shewing That wher the said paroch kirk of Wamprey had been vaccant these severall years bygone viz Frae Whitsunday Jaj vic Eightie Nyne to Mertinmass Jaj vic Nyntie thrie, and again from Whitsunday Jaj vic Nyntie fyve to mertinmass Jaj vic Nyntie six years, Wherby not only the Manse and haill office housses and yeard dykes belonging therto are become altogither ruinouse and fallen to the ground, Bot also the kirk it self is become to decayed and ruinous that the samen will inevtiably fall to the ground if not Speedily prevented and repaired, and the vaccant Stipends of the said paroch being a proper fond for defraying the expences of such a necessar and pious work as the rebuilding of the Manse and office houses and yeard dykes belonging therto, and the rebuilding at least repairing the kirk it self and kirk yeard dykes which Cannot be weell done without the said Lords warrand and authority for uplifting and applying the samen to the ends forsaid And Therfore Supplicating to the effect aftermentioned The Lords of his Majesties privy Councill haveing Considered the above petition given in to them by the said Earle of Annandale patron of the kirk of Wamphrey They hereby Allow the vaccant Stipend of the said kirk of Wamphrey to be uplifted and Imployed for the space following viz from Whitsunday Jaj vic Eightie Nyne to Mertimiss Jaj vic Nyntie thrie years and from Whitsunday Jaj vic nyntie fyve to Mertinmass Jaj vic nyntie six years, And hereby gives Warrand and Commission to George Johnstone of Girth head stewart deput of Anandale to intromitt with and uplift the vaccand Stipends forsaids of the said kirk for the years and space abovementioned To be applied by him at sight of the said Earle of Annandale for rebuilding and repairing of the said kirk and manse and office houses and dykes, and Decernes and Ordaines the said George Johnstone to be readily answered obeyed and payed of the forsaids vaccant stipends of the said kirk by the heritors fewars Wodsetters liferentars titulars taxmen of teynds tenents possessors and others Lyable in payment of the said vaccant Stipends dureing the Space forsaid, Ordaines Letters of horning to be direct hereon on fiftein dayes under the Signet of Councill at the instance of the said George Johnstone against the heritors fewers Wadsetters and others forsaids Lyable in payment of the said vaccant Stipends Conforme to ane act interloquitor or decreet of the Lords Commissioners for plantatione of Kirks and valluatione of teynds given and pronunced by them upon the first day of March instant upon a report of a Comittie of their oun number to which the forsaid act interloquitor or decreet does relate.

Att Edinburgh The Second day of March Jaj vic Nyntie Nyne years

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Act

Act The Earle of Annandale for a Stipend

Anent the petition given in to the Lords of his Majesties privy Councill be William Earle of Annandale patron of the paroch kirk of Wamphrey Shewing That wher the said paroch kirk of Wamprey had been vaccant these severall years bygone viz Frae Whitsunday Jaj vic Eightie Nyne to Mertinmass Jaj vic Nyntie thrie, and again from Whitsunday Jaj vic Nyntie fyve to mertinmass Jaj vic Nyntie six years, Wherby not only the Manse and haill office housses and yeard dykes belonging therto are become altogither ruinouse and fallen to the ground, Bot also the kirk it self is become to decayed and ruinous that the samen will inevtiably fall to the ground if not Speedily prevented and repaired, and the vaccant Stipends of the said paroch being a proper fond for defraying the expences of such a necessar and pious work as the rebuilding of the Manse and office houses and yeard dykes belonging therto, and the rebuilding at least repairing the kirk it self and kirk yeard dykes which Cannot be weell done without the said Lords warrand and authority for uplifting and applying the samen to the ends forsaid And Therfore Supplicating to the effect aftermentioned The Lords of his Majesties privy Councill haveing Considered the above petition given in to them by the said Earle of Annandale patron of the kirk of Wamphrey They hereby Allow the vaccant Stipend of the said kirk of Wamphrey to be uplifted and Imployed for the space following viz from Whitsunday Jaj vic Eightie Nyne to Mertimiss Jaj vic Nyntie thrie years and from Whitsunday Jaj vic nyntie fyve to Mertinmass Jaj vic nyntie six years, And hereby gives Warrand and Commission to George Johnstone of Girth head stewart deput of Anandale to intromitt with and uplift the vaccand Stipends forsaids of the said kirk for the years and space abovementioned To be applied by him at sight of the said Earle of Annandale for rebuilding and repairing of the said kirk and manse and office houses and dykes, and Decernes and Ordaines the said George Johnstone to be readily answered obeyed and payed of the forsaids vaccant stipends of the said kirk by the heritors fewars Wodsetters liferentars titulars taxmen of teynds tenents possessors and others Lyable in payment of the said vaccant Stipends dureing the Space forsaid, Ordaines Letters of horning to be direct hereon on fiftein dayes under the Signet of Councill at the instance of the said George Johnstone against the heritors fewers Wadsetters and others forsaids Lyable in payment of the said vaccant Stipends Conforme to ane act interloquitor or decreet of the Lords Commissioners for plantatione of Kirks and valluatione of teynds given and pronunced by them upon the first day of March instant upon a report of a Comittie of their oun number to which the forsaid act interloquitor or decreet does relate.

1. NRS, PC2/27, 192v-193v.

1. NRS, PC2/27, 192v-193v.

Sederunt, 2 March 1699, Edinburgh

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Att Edinburgh The Second day of March Jaj vic Nyntie Nyne years1

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Sederunt

Lord Chancelor; Duke of Queensberry P:S:; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Mortone; Earl of Lauderdale; Earl of Lothian; Earl of Lowdon; Earl of Leven; Earl of Anandale; Earl of Northesk; Lord Ross; Lord Ruthven; Lord Boyle; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Aberurchill; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Lord Rankeillor; Lord Phesdoe; Mr Fra: Montgomry; Laird of Grant; Laird of Blackbarony; Lord Provest of Edinburgh

Att Edinburgh The Second day of March Jaj vic Nyntie Nyne years1

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Sederunt

Lord Chancelor; Duke of Queensberry P:S:; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Mortone; Earl of Lauderdale; Earl of Lothian; Earl of Lowdon; Earl of Leven; Earl of Anandale; Earl of Northesk; Lord Ross; Lord Ruthven; Lord Boyle; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Aberurchill; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Lord Rankeillor; Lord Phesdoe; Mr Fra: Montgomry; Laird of Grant; Laird of Blackbarony; Lord Provest of Edinburgh

1. NRS, PC2/27, 192v.

2. NRS, PC2/27, 192v.

1. NRS, PC2/27, 192v.

2. NRS, PC2/27, 192v.

Act, 3 March 1698 (pm), Edinburgh

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Att Edinburgh the third of March Jaj vic nyntie eight post meridiem

D1698/3/121

Act

Act In favors of the brewers of Edinburgh

Anent the petitione given in to the Lords of his majesties privie Cownsell be The brewars within the towne of Edinburgh and Liberties therof and other neighboureing brewers Shewing That wheras By the act of parliament Jaj vic nyntie six for the present additionall excyse It is Staitute that dureing the concurring of this excyse with the annexed excyse the Louest price of ale or Drinking bear to be in all burghs wher the burgh hath a particular impositione on malt or liqwors twentie eight pennies per pint viz from the first of March instant to the first of March Jaj vic nyntie nyn to be payed by the 2 Bwyer to the vintner or topster and in all other places both to burgh and to Landward the price to be two Shilling for the pint dureing the space foirsaid and to be payed as said is with certificatione that the vintner or topster transgressing by selling wnder the saids raites Shall be fyned by the Commissioners of excyse in the Somme of ten pund Scotts at the instance of any other brewer or complainer toties qwoties And furder be aither putt wnder Sufficient Suretie or dischairged to brew in tyme comeing Lykeas by the said act ther Lordships are awthorized and impowered to prescribe such other methods and orders as they shall Judge necessarie for the better uplifting and inbringing of the said excyse The petitioners Doe humbly crave Leave to represent that the excyse being by the act of parliament Laid upon the brewars and the price of ale payed to the vintner only raised by the foirsaid provisione It is Just and reasoneable that the brewars Should be alloued to raise the price proportionallie Seing otherwise the vintners Should reap the benefite and the brewers only bear the burden Secundo that if the neighboureing 3 vintners in the Abbay yeard Heades of Leith and other adjacent places Should take upon them to Sell ther aill at a Lower rate they being So neare and contigwows to the petitioners the Same will not only prove contrairie to the eqwalitie designed by the act of parliament But visibly tend to the petitioners enorme prejudice upon which considerationes ther Lordships as to these two articles did by ther proclamatione the Sixt of Augwst Jaj vic nyntie five yeirs in the very parrallell caice not only allowed the petitioners to raise the price of all ale to be vented within the burgh of Edinburgh Suburbs and Liberties therof and yeard heads of Leith proportionallie as the vintners are allowed to raise the Same ut Supra Dischairgeing the neighboureing vintners whither the Abbay yeard heads of Leith Caltoune and other adjacent places to Sell ther ale at a Lower rate then the price to the petitioners appointed under the Same certificatione ordained as to vintners within burgh But Tertio the petitioners must furder with all Submissioen represent to ther Lordships that Considering the present Staite of brewing and what distress and callamitie hes come upon brewars generallie these Late yeirs The foirsaid qwota of twentie eight pennies per pint for the vintner and topster and proportionallie for the brewas appears to be below what is reqwisite for makeing this present excyse of six pennies per pint effectwall and furthcomeing within the burgh of Edinburgh and other burghs who have a particullar impositione for themselvs as above wherby they humbly receave it necessarie that ther Lordships Doe furder consider the foirsaid price and make such ane additione to it as may best condwce for the makeing effectwall and the better uplifting and inbringing of the said excyse Conforme to the power given to ther Lordships in generall by the acts of parliament for the excyse And specially Seing that what ther Lordships are to appoint is only to State the minimum in order to a Just eqwalitie And therfore humbly craveing ther Lordships in consideratioen of the premisses first to consider the aforsaid rate appointed by the act of parliament as the minimwm in the caise afoirsaid and to ordaine Such additione therto as ther Lordships shall sie cause And in the next place to ordaine the foirsaid proclamatione formerly emitted and when adopted to the present case to be renwed in the termes therof and as may best agrie to the present exigence As the said petitione bears Which petitione being this day read in presence of the saids Lords of his majesties privie Counsell and the saids Lords haveing considered the said petitione with the former act mentioned therin in favoures of the brewars dated the sixth of August Jaj vic nyntie five yeirs The Saids Lords doe heirby ordaine and allow the petitioners to raise the price of all ale to eb vented and sold within the burgh of Edinburgh Suburbs and Liberties therof and yeard heads of Leith proportionallie as the vintners are allowed to raise the samen And dischairges the neighboureing vintners within the Abbay yeard heads of Leith Coldtowne and other adjacent places to the petitioners to sell ther ale at a Lower rate then the price appointed to the petitioners with and under the Same certificatione and penaltie appointed to vintners within burgh And appoints thir presents to be printed and published at the mercat cross of Edinburgh and other places neidfull

Att Edinburgh the third of March Jaj vic nyntie eight post meridiem

D1698/3/121

Act

Act In favors of the brewers of Edinburgh

Anent the petitione given in to the Lords of his majesties privie Cownsell be The brewars within the towne of Edinburgh and Liberties therof and other neighboureing brewers Shewing That wheras By the act of parliament Jaj vic nyntie six for the present additionall excyse It is Staitute that dureing the concurring of this excyse with the annexed excyse the Louest price of ale or Drinking bear to be in all burghs wher the burgh hath a particular impositione on malt or liqwors twentie eight pennies per pint viz from the first of March instant to the first of March Jaj vic nyntie nyn to be payed by the 2 Bwyer to the vintner or topster and in all other places both to burgh and to Landward the price to be two Shilling for the pint dureing the space foirsaid and to be payed as said is with certificatione that the vintner or topster transgressing by selling wnder the saids raites Shall be fyned by the Commissioners of excyse in the Somme of ten pund Scotts at the instance of any other brewer or complainer toties qwoties And furder be aither putt wnder Sufficient Suretie or dischairged to brew in tyme comeing Lykeas by the said act ther Lordships are awthorized and impowered to prescribe such other methods and orders as they shall Judge necessarie for the better uplifting and inbringing of the said excyse The petitioners Doe humbly crave Leave to represent that the excyse being by the act of parliament Laid upon the brewars and the price of ale payed to the vintner only raised by the foirsaid provisione It is Just and reasoneable that the brewars Should be alloued to raise the price proportionallie Seing otherwise the vintners Should reap the benefite and the brewers only bear the burden Secundo that if the neighboureing 3 vintners in the Abbay yeard Heades of Leith and other adjacent places Should take upon them to Sell ther aill at a Lower rate they being So neare and contigwows to the petitioners the Same will not only prove contrairie to the eqwalitie designed by the act of parliament But visibly tend to the petitioners enorme prejudice upon which considerationes ther Lordships as to these two articles did by ther proclamatione the Sixt of Augwst Jaj vic nyntie five yeirs in the very parrallell caice not only allowed the petitioners to raise the price of all ale to be vented within the burgh of Edinburgh Suburbs and Liberties therof and yeard heads of Leith proportionallie as the vintners are allowed to raise the Same ut Supra Dischairgeing the neighboureing vintners whither the Abbay yeard heads of Leith Caltoune and other adjacent places to Sell ther ale at a Lower rate then the price to the petitioners appointed under the Same certificatione ordained as to vintners within burgh But Tertio the petitioners must furder with all Submissioen represent to ther Lordships that Considering the present Staite of brewing and what distress and callamitie hes come upon brewars generallie these Late yeirs The foirsaid qwota of twentie eight pennies per pint for the vintner and topster and proportionallie for the brewas appears to be below what is reqwisite for makeing this present excyse of six pennies per pint effectwall and furthcomeing within the burgh of Edinburgh and other burghs who have a particullar impositione for themselvs as above wherby they humbly receave it necessarie that ther Lordships Doe furder consider the foirsaid price and make such ane additione to it as may best condwce for the makeing effectwall and the better uplifting and inbringing of the said excyse Conforme to the power given to ther Lordships in generall by the acts of parliament for the excyse And specially Seing that what ther Lordships are to appoint is only to State the minimum in order to a Just eqwalitie And therfore humbly craveing ther Lordships in consideratioen of the premisses first to consider the aforsaid rate appointed by the act of parliament as the minimwm in the caise afoirsaid and to ordaine Such additione therto as ther Lordships shall sie cause And in the next place to ordaine the foirsaid proclamatione formerly emitted and when adopted to the present case to be renwed in the termes therof and as may best agrie to the present exigence As the said petitione bears Which petitione being this day read in presence of the saids Lords of his majesties privie Counsell and the saids Lords haveing considered the said petitione with the former act mentioned therin in favoures of the brewars dated the sixth of August Jaj vic nyntie five yeirs The Saids Lords doe heirby ordaine and allow the petitioners to raise the price of all ale to eb vented and sold within the burgh of Edinburgh Suburbs and Liberties therof and yeard heads of Leith proportionallie as the vintners are allowed to raise the samen And dischairges the neighboureing vintners within the Abbay yeard heads of Leith Coldtowne and other adjacent places to the petitioners to sell ther ale at a Lower rate then the price appointed to the petitioners with and under the Same certificatione and penaltie appointed to vintners within burgh And appoints thir presents to be printed and published at the mercat cross of Edinburgh and other places neidfull

1. NRS, PC2/27, 106r-107v.

2. The word ‘brewer’ scored out here.

3. The word ‘adjacent’ scored out here.

1. NRS, PC2/27, 106r-107v.

2. The word ‘brewer’ scored out here.

3. The word ‘adjacent’ scored out here.

Sederunt, 3 March 1698 (pm), Edinburgh

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Att Edinburgh the third of March Jaj vic nyntie eight post meridiem1

D1698/3/112

Sederunt

Lord Chancellor; Earl of Bwchan; Earl of Lauderdale; Earl of Annandale; Earl of Ruglen; Lord Montgomry; Lord Forbes; Lord Ruthven; Lord Carmichaell; Lord Advocat; Lord Philliphaugh; Lord Philliphaugh3; Lord Anstruther; Laird of Pollock; Proveist of Edinburgh; Laird of Kellburne

Att Edinburgh the third of March Jaj vic nyntie eight post meridiem1

D1698/3/112

Sederunt

Lord Chancellor; Earl of Bwchan; Earl of Lauderdale; Earl of Annandale; Earl of Ruglen; Lord Montgomry; Lord Forbes; Lord Ruthven; Lord Carmichaell; Lord Advocat; Lord Philliphaugh; Lord Philliphaugh3; Lord Anstruther; Laird of Pollock; Proveist of Edinburgh; Laird of Kellburne

1. NRS, PC2/27, 105v.

2. NRS, PC2/27, 105v.

3. Sic.

1. NRS, PC2/27, 105v.

2. NRS, PC2/27, 105v.

3. Sic.