Tag Archives: March

Act, 14 March 1695, Edinburgh

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Edinburgh The 14th March 1695

D1695/3/171

Act

Act Sir Alexander Purves Childrein

Anent the petitione Given in to the Lords of his Majesties privy Councill be Robert, Margrat Anna and Margory Purveses Lawfull Childrein to Sir Alexander Purves procreat betwixt him and the deceast Dame Hellen Home his spouse Shewing That quher by Contract of mariage betwixt ther said father and mother they were provyded by the deceast Sir William Purves the petitioners Grandfather to lands in lyfrent then valued at two Thousand thrie hundred merks yearly and that the said deceast Sir William Purvess in Consideratione of his Sones Leauity and prodigality Did provyde the rest of his estate to William Purves eldest sone of the said mariadge and as a farder evidence of ther said fathers weaknes he did interdict himself to Dame Marjory Fleeyming his mother John Home of Nynholls their mothers brother and Mr David Home of Crossrig one of the senators of the Collodge of Justice her uncle and Because the said Sir Alexander did Continue as he still does to mispend and waste that small estate provyded by his father of designe to be ane aliement to him his wife and the petitioner ther Childrein and did Contract debts and became a prey to every one that would take advantage of him Therfore the said deceast Dame Hellen Home ther mother and the said deceast Dame Marjory Fleeming and Mr David Home of Crossrig Did apply themselves to the saids Lords Humbly Craveing the saids Lords to allocat and sett apart such a portione of the saids rents for the aliement of their said mother and the petitioners as might secure then from their said father his exorbitant spending and for that effect to allow to their said deceast mother with the Concourse of the persones to whom their father is interdicted to appoint Chamberlands from time to time for uplifting of the said yearly rent of two Thousand thrie Hundred merks and out of the first and readiest therof to pay ther said mother and the petitioners their yearly aliement and the tennents of the said Lyfrent Lands Discharged to pay the rent to any other then ther said master for her and the petitioners use, or the Chamberland to be appointed in maner forsaid and that the terme of Candlmiss in the year Jaj vjc nyntie might be appointed for the first terme at Which the said aliement should be payed quherupon the saids Lords did authorize ther said deceast mother with Concourse and Consent of the persones to whom ther said father is interdicted to nominat and appoint a Chamberland for uplifting the maills and duties of the said Lyfrent Lands and ordained the Chamberland to be nominat to make payment to ther said deceast mother of the soume of Two Thousand merks yearly for aliementing of the familly out of which she is to provyde Cloathes and Linens for the said Sir Alexander there father and to satisfie and pay the said Chamberland his sallery as the saids Lords act dated the Eleventh day of Aprill Jaj vjc nyntie years therwith produced would testifie, And Seing the said Dame Hellen Home the petitioners another is now deceast And that the said Sir Alexander does still persist in his Riotus misspending of whatever comes in his hands and that now the rent of the saids Lands is so farr fallen that at present they doe not pay above Eightein hundred merks yearly and of the said Sir Alexander did intromitt therwith the petitioners would be redacted to the outmost extreamity of want And Therfore Humbly Craveing the saids Lords to take the premises to ther serious Consideratione and to allow the petitioners a Competent aliement out of the said Lyfrent Lands as the saids Lords Should please modifie or to authorize Mr David Home of Crossrig one of the senators of the Collodge of Justice, Sir John Home of Blackader George Home of Kimerghame Mr Alexander Home Commissar of Lauder Margaret Home Lady Nynewalls or the plurality of them surviveing and accepting to nominat and appoint a factor for uplifting of the rents of the saids Lyfrent Lands for payment of the funerall Charges of the said deceast Dame Hellen Home and to apply and bestow so much of the remeidy of the saids rents as they shall think needfull for the mantinance and aliement of the said Sir Alexander and the petitioners his Childrein in meat drink Cloathing and other necessars and if any thing yet remaine of the saids rents to be applyed or restricted as they shall think fitt for the good profitt and utillity of the familly as the said petition bears, Which being read in presence of the saids Lords upon the seventh day of march instant They Recomended to a Comittie of their oun Number to Consider the petition and former act and to Call both parties before them and to report their opinion in this matter to the Councill The Which Comittie haveing mett gave in their report, Bearing that they hade Called both the father and the Childrein and that non Compeired for the father and that Mr Alexander Home Comissar of Lauder Compeired for the Cheldrein and that the Comittie hade Considered the petition and former act of Councill mentioned therin Which Petitione and report with the former act of Councill Being This day Considered be the saids Lords They Modifie the haill rents of the haill Lands in the said Sir Alexander Purves his Contract of Mariadge provyded to him and his Lady in Lyfrent then valued to Two Thousand and thrie hundred merks and which are now much fallen for the petitioners his Childrein their aliement and the saids Sir Alexander and Authorizes Mr David Home of Crossrig one of the senators of the Collodge or Justice Sir John Home of Blackader George Home of Blackader George Home of Kimerghame Mr Alexander Home Comissar of Lauder Margaret Home Lady Nynewalls or the plurality of them To nominat a factor for uplifting the rents of the saids haill Lands as far as the samen is not uplifted be the former factor and appoints the funerall Charges of the Childreins mother to be payed out of the saids rents, and likewayes such allowance from time to time as the persones abovenominat in the petition shall think fitt to give in the said Sir Alexander for his privat spending or packet and if any thing remaine of the rent of the saids lands besides what shall be bestowed in maner forsaid The saids Lords appoints the same to be applyed and Reserved as the persones forsaid shall think fitt for the use and profitt of the familly and authorizes the persones forsaids to Call the former Chamberland to ane accompt of his intromissiones and aither uplift the same and appoint a new factor or to Continue the Old as the saids persones shall think fitt, And ordaines Letters of horning on six dayes under the signett of Councill upon production of the factory and others needfull to be direct heiron in forme as effeirs, The tennents names and particular rents payable to each of them being allwayes insert in the letters.

Edinburgh The 14th March 1695

D1695/3/171

Act

Act Sir Alexander Purves Childrein

Anent the petitione Given in to the Lords of his Majesties privy Councill be Robert, Margrat Anna and Margory Purveses Lawfull Childrein to Sir Alexander Purves procreat betwixt him and the deceast Dame Hellen Home his spouse Shewing That quher by Contract of mariage betwixt ther said father and mother they were provyded by the deceast Sir William Purves the petitioners Grandfather to lands in lyfrent then valued at two Thousand thrie hundred merks yearly and that the said deceast Sir William Purvess in Consideratione of his Sones Leauity and prodigality Did provyde the rest of his estate to William Purves eldest sone of the said mariadge and as a farder evidence of ther said fathers weaknes he did interdict himself to Dame Marjory Fleeyming his mother John Home of Nynholls their mothers brother and Mr David Home of Crossrig one of the senators of the Collodge of Justice her uncle and Because the said Sir Alexander did Continue as he still does to mispend and waste that small estate provyded by his father of designe to be ane aliement to him his wife and the petitioner ther Childrein and did Contract debts and became a prey to every one that would take advantage of him Therfore the said deceast Dame Hellen Home ther mother and the said deceast Dame Marjory Fleeming and Mr David Home of Crossrig Did apply themselves to the saids Lords Humbly Craveing the saids Lords to allocat and sett apart such a portione of the saids rents for the aliement of their said mother and the petitioners as might secure then from their said father his exorbitant spending and for that effect to allow to their said deceast mother with the Concourse of the persones to whom their father is interdicted to appoint Chamberlands from time to time for uplifting of the said yearly rent of two Thousand thrie Hundred merks and out of the first and readiest therof to pay ther said mother and the petitioners their yearly aliement and the tennents of the said Lyfrent Lands Discharged to pay the rent to any other then ther said master for her and the petitioners use, or the Chamberland to be appointed in maner forsaid and that the terme of Candlmiss in the year Jaj vjc nyntie might be appointed for the first terme at Which the said aliement should be payed quherupon the saids Lords did authorize ther said deceast mother with Concourse and Consent of the persones to whom ther said father is interdicted to nominat and appoint a Chamberland for uplifting the maills and duties of the said Lyfrent Lands and ordained the Chamberland to be nominat to make payment to ther said deceast mother of the soume of Two Thousand merks yearly for aliementing of the familly out of which she is to provyde Cloathes and Linens for the said Sir Alexander there father and to satisfie and pay the said Chamberland his sallery as the saids Lords act dated the Eleventh day of Aprill Jaj vjc nyntie years therwith produced would testifie, And Seing the said Dame Hellen Home the petitioners another is now deceast And that the said Sir Alexander does still persist in his Riotus misspending of whatever comes in his hands and that now the rent of the saids Lands is so farr fallen that at present they doe not pay above Eightein hundred merks yearly and of the said Sir Alexander did intromitt therwith the petitioners would be redacted to the outmost extreamity of want And Therfore Humbly Craveing the saids Lords to take the premises to ther serious Consideratione and to allow the petitioners a Competent aliement out of the said Lyfrent Lands as the saids Lords Should please modifie or to authorize Mr David Home of Crossrig one of the senators of the Collodge of Justice, Sir John Home of Blackader George Home of Kimerghame Mr Alexander Home Commissar of Lauder Margaret Home Lady Nynewalls or the plurality of them surviveing and accepting to nominat and appoint a factor for uplifting of the rents of the saids Lyfrent Lands for payment of the funerall Charges of the said deceast Dame Hellen Home and to apply and bestow so much of the remeidy of the saids rents as they shall think needfull for the mantinance and aliement of the said Sir Alexander and the petitioners his Childrein in meat drink Cloathing and other necessars and if any thing yet remaine of the saids rents to be applyed or restricted as they shall think fitt for the good profitt and utillity of the familly as the said petition bears, Which being read in presence of the saids Lords upon the seventh day of march instant They Recomended to a Comittie of their oun Number to Consider the petition and former act and to Call both parties before them and to report their opinion in this matter to the Councill The Which Comittie haveing mett gave in their report, Bearing that they hade Called both the father and the Childrein and that non Compeired for the father and that Mr Alexander Home Comissar of Lauder Compeired for the Cheldrein and that the Comittie hade Considered the petition and former act of Councill mentioned therin Which Petitione and report with the former act of Councill Being This day Considered be the saids Lords They Modifie the haill rents of the haill Lands in the said Sir Alexander Purves his Contract of Mariadge provyded to him and his Lady in Lyfrent then valued to Two Thousand and thrie hundred merks and which are now much fallen for the petitioners his Childrein their aliement and the saids Sir Alexander and Authorizes Mr David Home of Crossrig one of the senators of the Collodge or Justice Sir John Home of Blackader George Home of Blackader George Home of Kimerghame Mr Alexander Home Comissar of Lauder Margaret Home Lady Nynewalls or the plurality of them To nominat a factor for uplifting the rents of the saids haill Lands as far as the samen is not uplifted be the former factor and appoints the funerall Charges of the Childreins mother to be payed out of the saids rents, and likewayes such allowance from time to time as the persones abovenominat in the petition shall think fitt to give in the said Sir Alexander for his privat spending or packet and if any thing remaine of the rent of the saids lands besides what shall be bestowed in maner forsaid The saids Lords appoints the same to be applyed and Reserved as the persones forsaid shall think fitt for the use and profitt of the familly and authorizes the persones forsaids to Call the former Chamberland to ane accompt of his intromissiones and aither uplift the same and appoint a new factor or to Continue the Old as the saids persones shall think fitt, And ordaines Letters of horning on six dayes under the signett of Councill upon production of the factory and others needfull to be direct heiron in forme as effeirs, The tennents names and particular rents payable to each of them being allwayes insert in the letters.

1. NRS, PC2/25, 207r-209r.

1. NRS, PC2/25, 207r-209r.

Act, 14 March 1695, Edinburgh

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Edinburgh The 14th March 1695

D1695/3/161

Act

Act The Lady Newgrange

Anent the petitione given in to the Lords of his majesties privy Councill be Dame Anna Rait Spouse to Sir Francis Ogilvie of Newgrange Shewing That quher ther eldest sone haveing maried Hetherwicks daughter for effectuating the said mariadge the petitioner did run his familly in great debt and ther son did otherwise spend profusely and his father hade not the Confidence to Contradict him In respect the petitioners hade the expectatione That Hetherwick would setle his fortune upon him and his Cheldrein, And the petitioners husband having ingadged himself as Cautioner for his sone in all his debts, How sone Hetherwick did Declare that he was resolved to Disheirish his daughter, The said Creditors did use dilligence against the petitioners husband, and he was throwen in prisone, and yet even then her husbands estate not being exhausted they were allowed some small part of the estate for their subsistance till at last the Creditors haveing Ledd adpridicationes for the penalties the petitioners then to be in hard Circumstances But yet they did not offer to Complaine so long as the estate was possessed by their Just Creditors But now James Carnegie of Westerbraikie his Childrein doe possess twentie two Chalder of victuall which the petitioners husband did hold of him and that upon the account of his Lyfrent escheat which he did declair upon ane old retired horning at the Earle of Panmures instance against the petitioners husband for two thousand merks The which soume was long since payed to the Earle as their Lordships might perceive by the retired horning and Discharge therwith produced and now the petitioner, her husband, and Cheldrein being redacted to a sterving Conditione She is necessitate to make this applicatione to their Lordships wherin the petitioner must farder represent That the rest of his estate Which he holds of the king To Witt Newgrange and Lounam is sequestrat and a factor one Mr John Morgan constitute by the Lords of sessione So that no mean of releiff or subsistance can be therby obtained, And Farder that the petitioner brought with her ane oppulent Tocher of Twelue Thousand merks all really payed, And that by Contract of mariage she was provyded to Eightein Chalders of victuall in Junture and Lyfrent, And seing that the Conditione of her husbands Childrein and familly doe deserve the saids Lords Comisseratione upon alse pressing motives as can be in such a case and that the aliement Craved is not so much against the Creditors as against the rigour of a severe superior And Therfore Humbly Craveing the saids Lords In Consideration of the premises To modifie for the petitioner and her familly ane aliement of Ten Chalders of victuall or ane Thousand merks yearly to be payed to the petitioner out of the Lands of Easterbreakie by the representatives of their said superior who seized the same upon pretense of a lyfrent Escheat and over and above the said ten Chalders, of victuall will have still twelue Chalders of victuall which his said representatives possess for nothing as the said petitione bears The Which petitione being upon the Nynteinth of February last by past read in presence of the saids Lords of his majesties privy Councill They allowed the Creditors of Newgrange to see and answer the same, And the saids Creditors having faillied to give in answers The saids Lords upon the twentie sixth day of the said moneth off February Having Considered the said petition They modified and heirby Modifies the Soume of ane Thousand merks scots for aliement to the petitioner and her familly for the Cropt and year of God Jaj vjc nyntie four years and ten Chalders of victuall furth of the lands of Easterbreakie for the Cropt and year o God Jaj vjc nyntie five and yearly therafter and appoints the representatives of James Carnegie of Westerbreakie superior of the petitioners husband Lands, To make payment to the petitioner of the said Soume of ane thousand merks for the Cropt Jaj vjc nyntie four at the terme of Whitsunday nixt to come And Ordaines the Shireff principall of the shyre of Angus or his deputs to put the petitioner in the possessione of the saids lands of Easterbreakie at least as much of the Lands, which belonged to her husband as will Compleatly satisfie her of the said ten Chalders of victuall free and Clear from all publict burdeins ministers stipends and other incumberances whatsomever and that at the said terme of Whitsunday, And Ordaines the tenants and possessors of the Saids Lands of Easterbreakie or other Lands which the petitioner shall be entered to the possessione of to make payment to her of the said ten Chalders of victuall for the Cropt and year Jaj vjc nyntie five betwixt the terme of mertmiss and the feast of Christenmiss Jaj vjc nyntie five, and of the like aliement of Ten Chalders of victuall yearly betwixt the said terme of mertimiss and Christenmiss each year dureing the lifetime of the petitioner, And the said […] Ogilvie of Newgraige her husband And ordaines letters of horning to be direct heiron both against the representatives of the said Superior and against the tennants of the saids lands of Easterbreakie all to be particularly named in the horning and others needfull to be direct heiron in forme as effeirs and the horning to be on fiftein dayes. And ther being a petitione given in be the younger Cheldrein of the said James Carnegie of Braikie and the Laird of Phinhaven ther tutor by way of answer to the Ladies petitione Shewing That quher the Lady Newgrange haveing presented a sumar petition to the saids Lords Representing that she was in a desolat Conditione And that Breakies Childrein Did possess twentie two Chalders of victuall belonging to Newgrange be vertue of the right of his escheat And Therfore Craving that ten Chalders of victuall might be assigned to the2 her3 for ane aliement This petitione being appointed to be seen and answered by the Creditors of Newgrange and no answers being offered ther Lordships takeing all for granted that was represented have appointed one Thousand merks to be presently payed by the petitioners and ten Chalders of victuall yearly dureing new granges life It is now humbly Represented to the saids Lords primo that ther residence being at a distance they never hade the least intimatione or nottice of the Ladies applicatione till ther Lordships hade determined it, And the petitioners Doe humbly Conceave that no determinatione can in justice pass against any party without Citatione especially against parties whose residance is far distant and against pupills and orphans Their Lordships have some times dispensed with the formallity of Lybells especially against such as receid on the place, But the Least that Could be allowed hade bein ane authentick Copie of the Complaint delivered be the persuars to the partie concerned, Secundo It was unjustly and falsely represented that the subject intromitted with by the petitioners did amount to twentie two Chalders to the petitioners For evinceing to ther Lordships the Calumney of this alledgence all the favors the petitioners desyre is that the said twelue Chalders of victuall may first and preferrably belong to the petitioners and then ther petitioners shall not gruge that the Compleaners take what farder can be found But the plaine truth is ther are some reall debts preferrable to the Escheat which with the publict burdeins being deduced, Ther will not remaine Eight Chalders of victuall in the petitioners possessione wherby ther Lordships might perceive the ingenuity of the Complainer and how litle is to be taken upon her trust Secundo4 the petitioners farder begg Libertie to alledge that ther is no Latitude for modifieing of any aliement in this case, Because the petitioners possessione is be vertue of a decreet of the Lords, preferring ther deceast father to the Lands which they possess and quherof the rents are Liquidate in that Decreet Therfore the petitioners portione being be vertue of a legall right sustained and Declared by the ordinary Judge, Ther Lordships Cannot Justly burdein or restrict the petitioners right or possessione, For albeit the necessity of speedy Dispatch of procesces of aliement be such as can admitt of no delay, And Therfore ther Lordshipes have in some caises sustained such actiones, yet such aliements have only been sustained as are founded upon Law or some Claime in the persone of the Complainer as aliements of airs against Lyfrenters, Ward vassells against superiors and sometimes unprovyded Cheldrein against the representatives of their parents, But it was never heard that a debitor whose estate was exhausted by Legall dilligences, or burdeined with lyfrent escheats that he or his wife or familly hade right to Crave ane aliement of a Creditor or superior bruiking by the vassells escheat It hath been often reckoned a groundless simulatione to annull a gift that the rebell or his wife or any of his familly did continue to possess, But it wes never thought that any Judicator had latitud to burdein ane Escheat with ane aliement in favors of the rebell or his familly, and What ever may be alledged that the escheat is a penall and no favorable Casuality yet primo It is a Casuality which the Law hath favorable possessione in the petitioners For their father haveing Declared that escheat, They have no other fond of subsistance or provisione then the said possessione wherof if they were deprived they had a nothing at all Tertio what ever, the Creditors of Newgrange can alledge he cannot Justly Complaine Beacus without any regaird to the Escheat his Estat is much more then exhausted by reall and true debts and its falsely represented that these debts were Cautionries for Newgrange his sone, For the dilligences are all done upon his oun proper debts, and it were not agreeable to law, That the Casuality of Escheat should be taken from the superior and misrepresentatives and applyed to the rebell to the exclusione of his Creditors, The only hardship of the escheat, Is that the Creditors are excluded by it In which the petitioners improvyded and otherwayes destitute Cheldrein are very favorable, But neither law nor equitie can permitt that the escheat shall be keept up to the exclusione of the Creditors for sustaineing the rebell and his familly, To the prejudice also of the superiors legall right and Casuality, And Therfore Humbly Craveing the saids Lords to Consider the premises and especially that the wholl value of the escheat exceids not Eight Chalders of victuall yearly after Deductione of preferrable debts and burdeins and that this small Casuality is the only mean of the petitioners subsistance and aliement and that ther is neither Law nor example for burdening a superiors Casuality of Escheat Declared with any aliement in favors of the rebells his wife and familly And Therfore to Recall the former interloquitor, and if any deficulty remaine, That their Lordships would tear them upon the premises as the petitione bears The saids Lords haveing upon the seventh day of march instant heard the said petitione read in ther presence They Declared they would hear the petitioners and ther Lawiers, and likewayes the Lady NewGrange5 and her Lawiers in the forsaid matter And appointed then to be ready for that effect And the saids Lords haveing this day Called for the parties and their Lawiers Compeired Mr Mongo Carnegie advocat as procurator for the Lady Newgrange And sicklike Compeired Mr Hew Dalrymple and Mr William Aikman advocats as procurators for the said Childrein of James Carnegie of Braikie and ther tutor The advocats for both parties being fully heard, and the Councill haveing Considered the debate They Adhere to the for[mer] [inte]rloquitor pronunced in the said Lady NewGraing6 7 favors unles the rent of the said estate of Easterbreakie be within the soumes or Chalders of victuall Decerned for in the soume and if the rent be within the soumes of money or quantities of victuall Decerned for them the saids Lords Doe heirby Modifie the rent of the said haill estate for aliement to the persewer and her familly, and ordaines her to be put in possessione of the same and to be payed of the rents of the said haill estate in maner as is appoynted for the soumes of money and victuall Contained in the former interloquitor, And Ordaines executione to pass heiron as in the said former interloquitor.

Edinburgh The 14th March 1695

D1695/3/161

Act

Act The Lady Newgrange

Anent the petitione given in to the Lords of his majesties privy Councill be Dame Anna Rait Spouse to Sir Francis Ogilvie of Newgrange Shewing That quher ther eldest sone haveing maried Hetherwicks daughter for effectuating the said mariadge the petitioner did run his familly in great debt and ther son did otherwise spend profusely and his father hade not the Confidence to Contradict him In respect the petitioners hade the expectatione That Hetherwick would setle his fortune upon him and his Cheldrein, And the petitioners husband having ingadged himself as Cautioner for his sone in all his debts, How sone Hetherwick did Declare that he was resolved to Disheirish his daughter, The said Creditors did use dilligence against the petitioners husband, and he was throwen in prisone, and yet even then her husbands estate not being exhausted they were allowed some small part of the estate for their subsistance till at last the Creditors haveing Ledd adpridicationes for the penalties the petitioners then to be in hard Circumstances But yet they did not offer to Complaine so long as the estate was possessed by their Just Creditors But now James Carnegie of Westerbraikie his Childrein doe possess twentie two Chalder of victuall which the petitioners husband did hold of him and that upon the account of his Lyfrent escheat which he did declair upon ane old retired horning at the Earle of Panmures instance against the petitioners husband for two thousand merks The which soume was long since payed to the Earle as their Lordships might perceive by the retired horning and Discharge therwith produced and now the petitioner, her husband, and Cheldrein being redacted to a sterving Conditione She is necessitate to make this applicatione to their Lordships wherin the petitioner must farder represent That the rest of his estate Which he holds of the king To Witt Newgrange and Lounam is sequestrat and a factor one Mr John Morgan constitute by the Lords of sessione So that no mean of releiff or subsistance can be therby obtained, And Farder that the petitioner brought with her ane oppulent Tocher of Twelue Thousand merks all really payed, And that by Contract of mariage she was provyded to Eightein Chalders of victuall in Junture and Lyfrent, And seing that the Conditione of her husbands Childrein and familly doe deserve the saids Lords Comisseratione upon alse pressing motives as can be in such a case and that the aliement Craved is not so much against the Creditors as against the rigour of a severe superior And Therfore Humbly Craveing the saids Lords In Consideration of the premises To modifie for the petitioner and her familly ane aliement of Ten Chalders of victuall or ane Thousand merks yearly to be payed to the petitioner out of the Lands of Easterbreakie by the representatives of their said superior who seized the same upon pretense of a lyfrent Escheat and over and above the said ten Chalders, of victuall will have still twelue Chalders of victuall which his said representatives possess for nothing as the said petitione bears The Which petitione being upon the Nynteinth of February last by past read in presence of the saids Lords of his majesties privy Councill They allowed the Creditors of Newgrange to see and answer the same, And the saids Creditors having faillied to give in answers The saids Lords upon the twentie sixth day of the said moneth off February Having Considered the said petition They modified and heirby Modifies the Soume of ane Thousand merks scots for aliement to the petitioner and her familly for the Cropt and year of God Jaj vjc nyntie four years and ten Chalders of victuall furth of the lands of Easterbreakie for the Cropt and year o God Jaj vjc nyntie five and yearly therafter and appoints the representatives of James Carnegie of Westerbreakie superior of the petitioners husband Lands, To make payment to the petitioner of the said Soume of ane thousand merks for the Cropt Jaj vjc nyntie four at the terme of Whitsunday nixt to come And Ordaines the Shireff principall of the shyre of Angus or his deputs to put the petitioner in the possessione of the saids lands of Easterbreakie at least as much of the Lands, which belonged to her husband as will Compleatly satisfie her of the said ten Chalders of victuall free and Clear from all publict burdeins ministers stipends and other incumberances whatsomever and that at the said terme of Whitsunday, And Ordaines the tenants and possessors of the Saids Lands of Easterbreakie or other Lands which the petitioner shall be entered to the possessione of to make payment to her of the said ten Chalders of victuall for the Cropt and year Jaj vjc nyntie five betwixt the terme of mertmiss and the feast of Christenmiss Jaj vjc nyntie five, and of the like aliement of Ten Chalders of victuall yearly betwixt the said terme of mertimiss and Christenmiss each year dureing the lifetime of the petitioner, And the said […] Ogilvie of Newgraige her husband And ordaines letters of horning to be direct heiron both against the representatives of the said Superior and against the tennants of the saids lands of Easterbreakie all to be particularly named in the horning and others needfull to be direct heiron in forme as effeirs and the horning to be on fiftein dayes. And ther being a petitione given in be the younger Cheldrein of the said James Carnegie of Braikie and the Laird of Phinhaven ther tutor by way of answer to the Ladies petitione Shewing That quher the Lady Newgrange haveing presented a sumar petition to the saids Lords Representing that she was in a desolat Conditione And that Breakies Childrein Did possess twentie two Chalders of victuall belonging to Newgrange be vertue of the right of his escheat And Therfore Craving that ten Chalders of victuall might be assigned to the2 her3 for ane aliement This petitione being appointed to be seen and answered by the Creditors of Newgrange and no answers being offered ther Lordships takeing all for granted that was represented have appointed one Thousand merks to be presently payed by the petitioners and ten Chalders of victuall yearly dureing new granges life It is now humbly Represented to the saids Lords primo that ther residence being at a distance they never hade the least intimatione or nottice of the Ladies applicatione till ther Lordships hade determined it, And the petitioners Doe humbly Conceave that no determinatione can in justice pass against any party without Citatione especially against parties whose residance is far distant and against pupills and orphans Their Lordships have some times dispensed with the formallity of Lybells especially against such as receid on the place, But the Least that Could be allowed hade bein ane authentick Copie of the Complaint delivered be the persuars to the partie concerned, Secundo It was unjustly and falsely represented that the subject intromitted with by the petitioners did amount to twentie two Chalders to the petitioners For evinceing to ther Lordships the Calumney of this alledgence all the favors the petitioners desyre is that the said twelue Chalders of victuall may first and preferrably belong to the petitioners and then ther petitioners shall not gruge that the Compleaners take what farder can be found But the plaine truth is ther are some reall debts preferrable to the Escheat which with the publict burdeins being deduced, Ther will not remaine Eight Chalders of victuall in the petitioners possessione wherby ther Lordships might perceive the ingenuity of the Complainer and how litle is to be taken upon her trust Secundo4 the petitioners farder begg Libertie to alledge that ther is no Latitude for modifieing of any aliement in this case, Because the petitioners possessione is be vertue of a decreet of the Lords, preferring ther deceast father to the Lands which they possess and quherof the rents are Liquidate in that Decreet Therfore the petitioners portione being be vertue of a legall right sustained and Declared by the ordinary Judge, Ther Lordships Cannot Justly burdein or restrict the petitioners right or possessione, For albeit the necessity of speedy Dispatch of procesces of aliement be such as can admitt of no delay, And Therfore ther Lordshipes have in some caises sustained such actiones, yet such aliements have only been sustained as are founded upon Law or some Claime in the persone of the Complainer as aliements of airs against Lyfrenters, Ward vassells against superiors and sometimes unprovyded Cheldrein against the representatives of their parents, But it was never heard that a debitor whose estate was exhausted by Legall dilligences, or burdeined with lyfrent escheats that he or his wife or familly hade right to Crave ane aliement of a Creditor or superior bruiking by the vassells escheat It hath been often reckoned a groundless simulatione to annull a gift that the rebell or his wife or any of his familly did continue to possess, But it wes never thought that any Judicator had latitud to burdein ane Escheat with ane aliement in favors of the rebell or his familly, and What ever may be alledged that the escheat is a penall and no favorable Casuality yet primo It is a Casuality which the Law hath favorable possessione in the petitioners For their father haveing Declared that escheat, They have no other fond of subsistance or provisione then the said possessione wherof if they were deprived they had a nothing at all Tertio what ever, the Creditors of Newgrange can alledge he cannot Justly Complaine Beacus without any regaird to the Escheat his Estat is much more then exhausted by reall and true debts and its falsely represented that these debts were Cautionries for Newgrange his sone, For the dilligences are all done upon his oun proper debts, and it were not agreeable to law, That the Casuality of Escheat should be taken from the superior and misrepresentatives and applyed to the rebell to the exclusione of his Creditors, The only hardship of the escheat, Is that the Creditors are excluded by it In which the petitioners improvyded and otherwayes destitute Cheldrein are very favorable, But neither law nor equitie can permitt that the escheat shall be keept up to the exclusione of the Creditors for sustaineing the rebell and his familly, To the prejudice also of the superiors legall right and Casuality, And Therfore Humbly Craveing the saids Lords to Consider the premises and especially that the wholl value of the escheat exceids not Eight Chalders of victuall yearly after Deductione of preferrable debts and burdeins and that this small Casuality is the only mean of the petitioners subsistance and aliement and that ther is neither Law nor example for burdening a superiors Casuality of Escheat Declared with any aliement in favors of the rebells his wife and familly And Therfore to Recall the former interloquitor, and if any deficulty remaine, That their Lordships would tear them upon the premises as the petitione bears The saids Lords haveing upon the seventh day of march instant heard the said petitione read in ther presence They Declared they would hear the petitioners and ther Lawiers, and likewayes the Lady NewGrange5 and her Lawiers in the forsaid matter And appointed then to be ready for that effect And the saids Lords haveing this day Called for the parties and their Lawiers Compeired Mr Mongo Carnegie advocat as procurator for the Lady Newgrange And sicklike Compeired Mr Hew Dalrymple and Mr William Aikman advocats as procurators for the said Childrein of James Carnegie of Braikie and ther tutor The advocats for both parties being fully heard, and the Councill haveing Considered the debate They Adhere to the for[mer] [inte]rloquitor pronunced in the said Lady NewGraing6 7 favors unles the rent of the said estate of Easterbreakie be within the soumes or Chalders of victuall Decerned for in the soume and if the rent be within the soumes of money or quantities of victuall Decerned for them the saids Lords Doe heirby Modifie the rent of the said haill estate for aliement to the persewer and her familly, and ordaines her to be put in possessione of the same and to be payed of the rents of the said haill estate in maner as is appoynted for the soumes of money and victuall Contained in the former interloquitor, And Ordaines executione to pass heiron as in the said former interloquitor.

1. NRS, PC2/25, 203v-207r.

2. The word ‘petitioners’ scored out here.

3. Insertion.

4. Sic.

5. The letters ‘New’ are an insertion.

6. The letters ‘New’ are an insertion.

7. Illegible word, resulting from damage to page.

1. NRS, PC2/25, 203v-207r.

2. The word ‘petitioners’ scored out here.

3. Insertion.

4. Sic.

5. The letters ‘New’ are an insertion.

6. The letters ‘New’ are an insertion.

7. Illegible word, resulting from damage to page.

Sederunt, 14 March 1695, Edinburgh

Posted on by

Edinburgh The 14th March 16951

D1695/3/152

Sederunt

Earl of Anandale pres; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Forfar; Earl of Brodalbine; Lord Strathnaver; Lord Carmicheall; Lord Polwarth; Lord Advocat; Laird of Fountonhall; Laird of Grant; Laird of Stivenson; Sir Thomas Livingstoun

Edinburgh The 14th March 16951

D1695/3/152

Sederunt

Earl of Anandale pres; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Forfar; Earl of Brodalbine; Lord Strathnaver; Lord Carmicheall; Lord Polwarth; Lord Advocat; Laird of Fountonhall; Laird of Grant; Laird of Stivenson; Sir Thomas Livingstoun

1. NRS, PC2/25, 203v.

2. NRS, PC2/25, 203v.

1. NRS, PC2/25, 203v.

2. NRS, PC2/25, 203v.

Decreet, 12 March 1695, Edinburgh

Posted on by

Edinburgh Tuesday The 12th March 1695

D1695/3/141

Decreet

Decreet The Lady Arbuthnot

Anent a Petition given in to the Lords of2 his Majesties privy Councill be Lady Anna Southerland viscountess of Arbuthnot Shewing That quher ther was ane reductione at her Cheldreins instance and hers with Concourse of the Earle of Southerland the petitioners father and others of the petitioners relationes raised before the saids Lords of a testament alledged made be the deceast Viscount of Arbuthnot the petitioners husband some few dayes before his death wherby he was said to have appointed the Laird of Leyes, Glenbervie and Knox his two3 bretheren Mr John and Mr Alexander and Provest Arbuthnot with some others (who never accepted) tutors to his Childrein as alsoe of another paper alledged made be him at that time Concerning some sort of provisions and appointing a kynd of aliement to them Ther Lordships at the Calling of this sumonds haveing also heard the bill given in by the tutors and answers therto by the petitioner Did Remitt to the Lords of sessione sumarly to dissmiss this reduction according to this remitt after a full hearing of both the tutors procurators and myne The Lords Found the reasones Lybelled relevant to reduce the testament and other paper quarralled and now seing ther is no tutors nor any aliement appointed4 to5 the petitioners Cheldrein by ther father The petitioner is necessitate to have recourse to the saids Lords for modifieing such ane aliement as they should Judge proper and that it may be the more Justly done the petitioner has heir subjoyned ane accompt of the extant of the estate The age and number of her Cheldrein as followes Viz the Estate is Twentie four thousand merks be year, Ther is seven Cheldrein My Lord being now Eight years of age he has a Governor and a Servant, her two eldest daughters the one being Eleven and the other ten years of age and are Capable of all maner of Schoolling They most have at least one Servant for the petitioners youngest sone, and thrie youngest Daughters they are yet within the years of Seven So each of them most have a woman to wait upon them, And that the Lords may know the petitioner Designe not so much her self by her Cheldreins aliement the petitioner has ingadged to mantaine them all in bed and boord of off my oun Joyntur So as to lett what is over the Schoolling attendance of Servants phisitians and appothecaries accounts incase of sicknes run up to help to make provisiones to them seing non of them any setled upon them by ther father and the aliement to be appointed by the saids Lords to her Cheldrein is to Commence from mertimes Last, since which time she hade defrayed the expence of their manintance and if the petitioner be not in a Conditione to doe it longer The petitioner Leaves to the saids Lords to6 Judge seing the petitioner has but the half of her Joyntur To Witt twentie fyve Chalders of victuall to mantaine the petitioners and them for free quarters of a year off ther is to be deduced the expence of this actions of reductione which has not been small. And Therfore Humbly Craveing the saids Lords would Imediatly appoint the petitioner ane determined aliement for all and every one of her Cheldrein to by yearly payed her dureing ther present Circumstances and that ther Lordships would Likewayess authorize the petitioner to continue her possession of the houss and yeards of Arbuthnot especially seing her Joynture house which she should have is ruinouse and that the air at present stands in need of non, and for preventing of all debates betwixts any that shall hapen to be tutors and her, at divyding the houshold plenishing wherof the petitioner is provyded to a third That ther Lordships would authorize Mr James Keith of Auchorsk shiref depute of Kincardine To make Inventar therof at the sight of the Laird of Allardyce and Knox the petitioner being present and allowing her the promiscous use of all for the petitioner and her Childrein ay and whill the samen be divided as the said petitione bears Which petition and answers therto being read in presence of the saids Lords upon the twentie Eight of February Last They Recomended to a Comittie of their oun number to Consider the bill and answers and if they find it necessary That ane aliement be allowed to the Cheldrein Then to Consider the Viscounts old testament and Recomended to the said Comittie to hear both parties and to report the quota of the particular aliements they thought fit should be allowed for each Child and the space for which the same shall endure The which Comittie Haveing mett gave in their report Bearing That they7 haveing heard the Viscountess of Arbuthnot and the Lawiers for both parties and Considered the papers subscryved be the deceast Viscount Wherby he modifies and appoints aliements to each one of his Cheldrein And The Saids Lords of his majesties privy Councill haveing Considered the Committies Report They heirby Modifie the soume of Two Thousand punds Scots money to be payed to the said Lady Anna Southerland Viscountess of Arbuthnot for aliementing of her six severall Cheldrein besides the air Commenceing from the terme of Mertimiss Last and appoints the same to Continue so long as the Childrein are allowed to remaine in familly with her, and ordaines the first termes payment to be at Whitsunday nixt and so furth yearly therafter at two termes in the year Whitsunday and mertmiss be equall portiones dureing the space forsaid and Ordaines the said Lady Anna Southerland to Continue in possessione of the house yeards and parks of Arbuthnot with the pertinants as she has hitherto possessed the same and that ay and so long as her Ladyships Cheldrein shall remaine in familly with her And ordaines letters of horning on six dayes and others needfull under the signet of Councill to be direct heiron in forme as effeirs.

Edinburgh Tuesday The 12th March 1695

D1695/3/141

Decreet

Decreet The Lady Arbuthnot

Anent a Petition given in to the Lords of2 his Majesties privy Councill be Lady Anna Southerland viscountess of Arbuthnot Shewing That quher ther was ane reductione at her Cheldreins instance and hers with Concourse of the Earle of Southerland the petitioners father and others of the petitioners relationes raised before the saids Lords of a testament alledged made be the deceast Viscount of Arbuthnot the petitioners husband some few dayes before his death wherby he was said to have appointed the Laird of Leyes, Glenbervie and Knox his two3 bretheren Mr John and Mr Alexander and Provest Arbuthnot with some others (who never accepted) tutors to his Childrein as alsoe of another paper alledged made be him at that time Concerning some sort of provisions and appointing a kynd of aliement to them Ther Lordships at the Calling of this sumonds haveing also heard the bill given in by the tutors and answers therto by the petitioner Did Remitt to the Lords of sessione sumarly to dissmiss this reduction according to this remitt after a full hearing of both the tutors procurators and myne The Lords Found the reasones Lybelled relevant to reduce the testament and other paper quarralled and now seing ther is no tutors nor any aliement appointed4 to5 the petitioners Cheldrein by ther father The petitioner is necessitate to have recourse to the saids Lords for modifieing such ane aliement as they should Judge proper and that it may be the more Justly done the petitioner has heir subjoyned ane accompt of the extant of the estate The age and number of her Cheldrein as followes Viz the Estate is Twentie four thousand merks be year, Ther is seven Cheldrein My Lord being now Eight years of age he has a Governor and a Servant, her two eldest daughters the one being Eleven and the other ten years of age and are Capable of all maner of Schoolling They most have at least one Servant for the petitioners youngest sone, and thrie youngest Daughters they are yet within the years of Seven So each of them most have a woman to wait upon them, And that the Lords may know the petitioner Designe not so much her self by her Cheldreins aliement the petitioner has ingadged to mantaine them all in bed and boord of off my oun Joyntur So as to lett what is over the Schoolling attendance of Servants phisitians and appothecaries accounts incase of sicknes run up to help to make provisiones to them seing non of them any setled upon them by ther father and the aliement to be appointed by the saids Lords to her Cheldrein is to Commence from mertimes Last, since which time she hade defrayed the expence of their manintance and if the petitioner be not in a Conditione to doe it longer The petitioner Leaves to the saids Lords to6 Judge seing the petitioner has but the half of her Joyntur To Witt twentie fyve Chalders of victuall to mantaine the petitioners and them for free quarters of a year off ther is to be deduced the expence of this actions of reductione which has not been small. And Therfore Humbly Craveing the saids Lords would Imediatly appoint the petitioner ane determined aliement for all and every one of her Cheldrein to by yearly payed her dureing ther present Circumstances and that ther Lordships would Likewayess authorize the petitioner to continue her possession of the houss and yeards of Arbuthnot especially seing her Joynture house which she should have is ruinouse and that the air at present stands in need of non, and for preventing of all debates betwixts any that shall hapen to be tutors and her, at divyding the houshold plenishing wherof the petitioner is provyded to a third That ther Lordships would authorize Mr James Keith of Auchorsk shiref depute of Kincardine To make Inventar therof at the sight of the Laird of Allardyce and Knox the petitioner being present and allowing her the promiscous use of all for the petitioner and her Childrein ay and whill the samen be divided as the said petitione bears Which petition and answers therto being read in presence of the saids Lords upon the twentie Eight of February Last They Recomended to a Comittie of their oun number to Consider the bill and answers and if they find it necessary That ane aliement be allowed to the Cheldrein Then to Consider the Viscounts old testament and Recomended to the said Comittie to hear both parties and to report the quota of the particular aliements they thought fit should be allowed for each Child and the space for which the same shall endure The which Comittie Haveing mett gave in their report Bearing That they7 haveing heard the Viscountess of Arbuthnot and the Lawiers for both parties and Considered the papers subscryved be the deceast Viscount Wherby he modifies and appoints aliements to each one of his Cheldrein And The Saids Lords of his majesties privy Councill haveing Considered the Committies Report They heirby Modifie the soume of Two Thousand punds Scots money to be payed to the said Lady Anna Southerland Viscountess of Arbuthnot for aliementing of her six severall Cheldrein besides the air Commenceing from the terme of Mertimiss Last and appoints the same to Continue so long as the Childrein are allowed to remaine in familly with her, and ordaines the first termes payment to be at Whitsunday nixt and so furth yearly therafter at two termes in the year Whitsunday and mertmiss be equall portiones dureing the space forsaid and Ordaines the said Lady Anna Southerland to Continue in possessione of the house yeards and parks of Arbuthnot with the pertinants as she has hitherto possessed the same and that ay and so long as her Ladyships Cheldrein shall remaine in familly with her And ordaines letters of horning on six dayes and others needfull under the signet of Councill to be direct heiron in forme as effeirs.

1. NRS, PC2/25, 201v-203v.

2. The word ‘their’ scored out here.

3. Insertion.

4. The word ‘by’ scored out here.

5. Insertion.

6. The word ‘redres’ scored out here.

7. The word ‘hade’ scored out here.

1. NRS, PC2/25, 201v-203v.

2. The word ‘their’ scored out here.

3. Insertion.

4. The word ‘by’ scored out here.

5. Insertion.

6. The word ‘redres’ scored out here.

7. The word ‘hade’ scored out here.

Sederunt, 12 March 1695, Edinburgh

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Edinburgh Tuesday The 12th March 16951

D1695/3/132

Sederunt

Earl of Anandale pres; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Lothian; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Lord Strathnaver; Lord Carmicheall; Lord Polwarth; Lord Advocat; Lord Fountonhall; Laird of Grant; Sir Thomas Livingston

Edinburgh Tuesday The 12th March 16951

D1695/3/132

Sederunt

Earl of Anandale pres; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Lothian; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Lord Strathnaver; Lord Carmicheall; Lord Polwarth; Lord Advocat; Lord Fountonhall; Laird of Grant; Sir Thomas Livingston

1. NRS, PC2/25, 201v.

2. NRS, PC2/25, 201v.

1. NRS, PC2/25, 201v.

2. NRS, PC2/25, 201v.

Order, 7 March 1695 (pm), Edinburgh

Posted on by

[7 March 1695] Eodem die Post Meridiem

D1695/3/121

Order

Recomendatione The Lord Murray to the thesaurie

The Lords of his majesties privy Councill Doe hereby Recomend to the Lords Commissioners of his Majesties Thesaury To Cause payment be made out of the present polemoney to the Lord Murray and his tenants of Huntingtour and other Lands mentioned in the following reference of such soumes Contained in a former representation of Councill of the date the seventeinth day of March Jaj vjc nyntie one years as are therby Remitted to be payed out of the thrie moneths Cess and Hearth money then appointed for payment of the accompts resting by his majesties forces to the Countrey and areirs due to the army

[7 March 1695] Eodem die Post Meridiem

D1695/3/121

Order

Recomendatione The Lord Murray to the thesaurie

The Lords of his majesties privy Councill Doe hereby Recomend to the Lords Commissioners of his Majesties Thesaury To Cause payment be made out of the present polemoney to the Lord Murray and his tenants of Huntingtour and other Lands mentioned in the following reference of such soumes Contained in a former representation of Councill of the date the seventeinth day of March Jaj vjc nyntie one years as are therby Remitted to be payed out of the thrie moneths Cess and Hearth money then appointed for payment of the accompts resting by his majesties forces to the Countrey and areirs due to the army

1. NRS, PC2/25, 201v.

1. NRS, PC2/25, 201v.

Act, 7 March 1695 (pm), Edinburgh

Posted on by

[7 March 1695] Eodem die Post Meridiem

D1695/3/111

Act

Act Nathaniall Gordon of Gordonstoune

Anent a petition given in to the Lords of his Majesties privy Councill be Nathaniall Gordon of Gordonstoune Shewing That upon ane Complaint given in to the saids be Rachell Gordon and the other airs of Lyne of the deceast James Gordon of Carletoune against the petitioner his air male, In obedience to the saids Lords sentance he did exhibit in the Clerks of Councill ther hands the wholl wrytes and evidents of and Concerning the estate of Carletoune which were in his Custody particularly many discharges of debts and annualrents therof and Compt books, Wher the samen have Lyen sequestrat these severall years and now the samen are to the petitioners apparent Loss and prejudice, keeped up from him Ther being severall processes intented and depending at the instance of severall persones against him as air male to the said James Gordone for debts quherof ther are Discharges amongst the saids wrytes, Exhibit as said is, and particularly one at the instance of George Fullertoune of Dreghorne assigney to many debts from the pretended Creditors of the said deceast James Gordon wherupon he hath led ane adjudication and is now insisting for maills and duties and another at the instance of Gabriall Alisone of Dunjop pretended pupill to the said deceast James Gordon and Mr George Rome writer in Edinburgh his assigney of Compt and reckoning against the petitioner as representing the said James Gordone his alledged tutor And Therfore Humbly Craveing the saids Lords would be pleased to take the premisses to their Consideratione how that the petitioner is in danger of being greatly prejudged be the want of the saids wrytes, and to Grant Warrand to the saids Lords Clerks To give up to the petitioner all Discharges recepts Compt books and other wrytes which may Clear the payment of any debts due be the said deceast James Gordone or which are relative therto, and that upon Inventar and the petitioner granting his obleidgment to returne the Samen within ane Competent time as the said petition bears The Lords of his Majesties privy Councill Having Considered this petition given in to them be the above Nathaniall Gordone which by the former interloquitor was allowed to be seen and answered by any persones Concerned and Copies therof appoynted to be affixt upon the wall of the outter roome of privy Councill and upon the door of the Turnpick foot which was done accordingly, and finding that non Compeired The saids Lords Doe heirby Give order and Warrand to ther Clerks to delyver up to the petitioner all Discharges recepts Compt books and other wrytes which may Clear the payment of any debts due to the above deceast James Gordone or which are relative therto and that upon inventar and recept of the same, In Respect the petitioner has granted bond and found suficient Cautione acted in the books of privy Councill that he shall returne the same betwixt and the first day of march Jaj vjc nyntie six years Under the penalty of ane Thousand merks scots By and attour fullfilling the premisses

[7 March 1695] Eodem die Post Meridiem

D1695/3/111

Act

Act Nathaniall Gordon of Gordonstoune

Anent a petition given in to the Lords of his Majesties privy Councill be Nathaniall Gordon of Gordonstoune Shewing That upon ane Complaint given in to the saids be Rachell Gordon and the other airs of Lyne of the deceast James Gordon of Carletoune against the petitioner his air male, In obedience to the saids Lords sentance he did exhibit in the Clerks of Councill ther hands the wholl wrytes and evidents of and Concerning the estate of Carletoune which were in his Custody particularly many discharges of debts and annualrents therof and Compt books, Wher the samen have Lyen sequestrat these severall years and now the samen are to the petitioners apparent Loss and prejudice, keeped up from him Ther being severall processes intented and depending at the instance of severall persones against him as air male to the said James Gordone for debts quherof ther are Discharges amongst the saids wrytes, Exhibit as said is, and particularly one at the instance of George Fullertoune of Dreghorne assigney to many debts from the pretended Creditors of the said deceast James Gordon wherupon he hath led ane adjudication and is now insisting for maills and duties and another at the instance of Gabriall Alisone of Dunjop pretended pupill to the said deceast James Gordon and Mr George Rome writer in Edinburgh his assigney of Compt and reckoning against the petitioner as representing the said James Gordone his alledged tutor And Therfore Humbly Craveing the saids Lords would be pleased to take the premisses to their Consideratione how that the petitioner is in danger of being greatly prejudged be the want of the saids wrytes, and to Grant Warrand to the saids Lords Clerks To give up to the petitioner all Discharges recepts Compt books and other wrytes which may Clear the payment of any debts due be the said deceast James Gordone or which are relative therto, and that upon Inventar and the petitioner granting his obleidgment to returne the Samen within ane Competent time as the said petition bears The Lords of his Majesties privy Councill Having Considered this petition given in to them be the above Nathaniall Gordone which by the former interloquitor was allowed to be seen and answered by any persones Concerned and Copies therof appoynted to be affixt upon the wall of the outter roome of privy Councill and upon the door of the Turnpick foot which was done accordingly, and finding that non Compeired The saids Lords Doe heirby Give order and Warrand to ther Clerks to delyver up to the petitioner all Discharges recepts Compt books and other wrytes which may Clear the payment of any debts due to the above deceast James Gordone or which are relative therto and that upon inventar and recept of the same, In Respect the petitioner has granted bond and found suficient Cautione acted in the books of privy Councill that he shall returne the same betwixt and the first day of march Jaj vjc nyntie six years Under the penalty of ane Thousand merks scots By and attour fullfilling the premisses

1. NRS, PC2/25, 200v-201v.

1. NRS, PC2/25, 200v-201v.

Act, 7 March 1695 (pm), Edinburgh

Posted on by

[7 March 1695] Eodem die Post Meridiem

D1695/3/101

Act

Act and Warrand Park and Rothemay

Anent the petition given in to the Lords of his Majesties privy Councill be Sir John Gordone of Park for himself and as assigney Constitule be John Gordone of Rothemay Shewing That wher the petitioner haveing intented action against John Abernethie of Moyen, William, George, Jean, Christian, Jannet and Elizabeth, Abernethies his brothers and sisters before the Lords of Councill and sessione for Decerning an ordaining them to repair and make up the great damage and Loss sustained by the petitioners and their predecessors throw the deceast James and Alexander Abernethies their tearing and Lacerating the Decreet of Lowsing the late Lord Saltoune his interdictione Out of the publict Registers And alsoe against Arthur Forbes of Balvenie Issobell Hacket relict of the deceast Alexander Abernethit and […] Forbes of Blacktoune now her husband for his intrest for their fraudelent Concealling and keeping up of the said Decreet, By which the petitioner has been put to a vast Charges and expences, and this action haveing come in to be debate before the Lords of sessione They after Serious and mature deliberatione did (in respect of the Singularity of the Cause) By ther interloquitor dated the […] day of December Last remitt the Derision therof to the high and honorable Court of parliament, and it being necessary that the petitioners should have warrand from the saids Lords for citeing the haill fornamed persones defenders to Compeir before that honoraball Court And Therfore Humbly Craveing the saids Lords would Grant warrand to macers or messengers at armes for Citing the said John Abernethie eldest sone and air to the said deceast Allexander Abernethie and the haill fornamd persones defenders Called in the said proces before the Lords of sessione to Compeir and answer at the petitioners instance before the high Court of parliament at Edinburgh or wher it shall happen them to be the […] day of […] nixt to come as the petitione bears The Lords of his Majesties privy Councill haveing Considered this petition given in to them be the above Sir John Gordone They heirby Grant warrand to macers or messengers at armes to Cite John Abernethie sone and air to the deceast Alexander Abernethie of Mayan and the haill other persones defenders Called in the above proces before the Lords of2 Sessione to Compeir and answer at the petitioners instance before the high Court of parliament in the ensueing session therof at Edinburgh or wher it shall hapen the same to be upon the […] day of […] nixt to come.

[7 March 1695] Eodem die Post Meridiem

D1695/3/101

Act

Act and Warrand Park and Rothemay

Anent the petition given in to the Lords of his Majesties privy Councill be Sir John Gordone of Park for himself and as assigney Constitule be John Gordone of Rothemay Shewing That wher the petitioner haveing intented action against John Abernethie of Moyen, William, George, Jean, Christian, Jannet and Elizabeth, Abernethies his brothers and sisters before the Lords of Councill and sessione for Decerning an ordaining them to repair and make up the great damage and Loss sustained by the petitioners and their predecessors throw the deceast James and Alexander Abernethies their tearing and Lacerating the Decreet of Lowsing the late Lord Saltoune his interdictione Out of the publict Registers And alsoe against Arthur Forbes of Balvenie Issobell Hacket relict of the deceast Alexander Abernethit and […] Forbes of Blacktoune now her husband for his intrest for their fraudelent Concealling and keeping up of the said Decreet, By which the petitioner has been put to a vast Charges and expences, and this action haveing come in to be debate before the Lords of sessione They after Serious and mature deliberatione did (in respect of the Singularity of the Cause) By ther interloquitor dated the […] day of December Last remitt the Derision therof to the high and honorable Court of parliament, and it being necessary that the petitioners should have warrand from the saids Lords for citeing the haill fornamed persones defenders to Compeir before that honoraball Court And Therfore Humbly Craveing the saids Lords would Grant warrand to macers or messengers at armes for Citing the said John Abernethie eldest sone and air to the said deceast Allexander Abernethie and the haill fornamd persones defenders Called in the said proces before the Lords of sessione to Compeir and answer at the petitioners instance before the high Court of parliament at Edinburgh or wher it shall happen them to be the […] day of […] nixt to come as the petitione bears The Lords of his Majesties privy Councill haveing Considered this petition given in to them be the above Sir John Gordone They heirby Grant warrand to macers or messengers at armes to Cite John Abernethie sone and air to the deceast Alexander Abernethie of Mayan and the haill other persones defenders Called in the above proces before the Lords of2 Sessione to Compeir and answer at the petitioners instance before the high Court of parliament in the ensueing session therof at Edinburgh or wher it shall hapen the same to be upon the […] day of […] nixt to come.

1. NRS, PC2/25, 200r-200v.

2. The words ‘Lords of’ are an insertion.

1. NRS, PC2/25, 200r-200v.

2. The words ‘Lords of’ are an insertion.

Decreet, 7 March 1695 (pm), Edinburgh

Posted on by

[7 March 1695] Eodem die Post Meridiem

D1695/3/91

Decreet

Interloquitor William Sinclar

Anent a Petition given in to the Lords of his majesties privy Councill be William Sinclar brother German to the Laird of Drumbeath Shewing That quher umquhill William Sinclar of Dumbeath the petitioners father and John Sinclar his eldest sone haveing granted bond of provisione to the petitioner, his brothers and sisters, which is registrat and wherupon the petitioners brothers and sisters have been keept at Shoolls untill within these six weeks when the petitioner was at Edinburgh about his Lawfull affairs William Dumbar of Hemprigs has with drawen two of them and intyced other two of them to give him ane Commissione to pursue the petitioner before the saids Lords for Exhibitione of ane bond alledged granted by the petitioner to them and in the mean time to aliement them, Which being Called and debate and seing no interloquitor is reported the petitioner begs Leave to represent that it is of a dangerous Consequence to sufer remott relationes such as Dumbar of Hemprigs to withdraw and alinat Childrein and young persones from ther mother and bretherein more from designe to inhaunce ther fortune and make ane ruptur in the familly then from Compassione or affection to the Childrein, and if he Judge them missguided he may take one history to such as2 are pupills and procure himself Chosen Curator to these that are minors and in either of which casses he most find Cautione for without any derrogatione to him the Childreins mean is more secure in the petitioners brothers hands then in his and when he has this title then he can insist against the petitioners brother for payment wheras his present designe first appears to divyde the Childrein from the petitioners brother and him and then by this extraordinary proces against the petitioner to oblidge him3 to pursue his brother and so divyde them whirto the petitioner Can never inclyne to, But resolves to avoid with all the care the petitioner can Secundo the proces is for aliement being this maner brought in before their Lordships then each pretending, Creditor tho without instructione will pursue his debitor before their Lordships Tertio the petitioner is nowayes debitor and be offered to be proven by the petitioners oath, Then the petitioner most depone upon the Conditione and qualificationes of any pretended bond granted by the petitioner and it has not been heard that aliements were granted to persewars so weell provyded as are the persewars by their eldest brothers and who has signified them kyndnes suitable to his relatione, which Hemprigs has grudged at and so has used this malicious proces for division But that their Lordships might be perswaded that the petitioner neither desyre to delay nor frustrat them of their Just right the petitioner is satisfied to advance ane half years annualrent of the portiones of the four daughters from whom Hemprigs has mandat and that from Candlmiss Last to Lambes nixt and that the proces for exhibitione payment and aliement be sumarly disscust before the Lords of sessione upon Hemprigs giveing the petitioner his oblidgment to Imploy the same upon the petitioners saids sisters and doeing dilligence for them against the petitioners brother and the petitioner quherin he shall use no dilaters, That the matter with ease the nixt sessione might be determined and the petitioner either found Lyable in payment or Hemprigs declared ane incendiary That from heirafter ther Lordships might be no more troubled with that affair as the petition bears The Lords of his majesties privy Councill haveing Considered this petition given in to them be the above William Sinclar They Refuse the desyre therof And Adheres to the former sentance pronunced against the petitioner in the proces pursued at the instance of the younger Childrein of the deceast Laird of Dumbeath befor the Councill against him.

[7 March 1695] Eodem die Post Meridiem

D1695/3/91

Decreet

Interloquitor William Sinclar

Anent a Petition given in to the Lords of his majesties privy Councill be William Sinclar brother German to the Laird of Drumbeath Shewing That quher umquhill William Sinclar of Dumbeath the petitioners father and John Sinclar his eldest sone haveing granted bond of provisione to the petitioner, his brothers and sisters, which is registrat and wherupon the petitioners brothers and sisters have been keept at Shoolls untill within these six weeks when the petitioner was at Edinburgh about his Lawfull affairs William Dumbar of Hemprigs has with drawen two of them and intyced other two of them to give him ane Commissione to pursue the petitioner before the saids Lords for Exhibitione of ane bond alledged granted by the petitioner to them and in the mean time to aliement them, Which being Called and debate and seing no interloquitor is reported the petitioner begs Leave to represent that it is of a dangerous Consequence to sufer remott relationes such as Dumbar of Hemprigs to withdraw and alinat Childrein and young persones from ther mother and bretherein more from designe to inhaunce ther fortune and make ane ruptur in the familly then from Compassione or affection to the Childrein, and if he Judge them missguided he may take one history to such as2 are pupills and procure himself Chosen Curator to these that are minors and in either of which casses he most find Cautione for without any derrogatione to him the Childreins mean is more secure in the petitioners brothers hands then in his and when he has this title then he can insist against the petitioners brother for payment wheras his present designe first appears to divyde the Childrein from the petitioners brother and him and then by this extraordinary proces against the petitioner to oblidge him3 to pursue his brother and so divyde them whirto the petitioner Can never inclyne to, But resolves to avoid with all the care the petitioner can Secundo the proces is for aliement being this maner brought in before their Lordships then each pretending, Creditor tho without instructione will pursue his debitor before their Lordships Tertio the petitioner is nowayes debitor and be offered to be proven by the petitioners oath, Then the petitioner most depone upon the Conditione and qualificationes of any pretended bond granted by the petitioner and it has not been heard that aliements were granted to persewars so weell provyded as are the persewars by their eldest brothers and who has signified them kyndnes suitable to his relatione, which Hemprigs has grudged at and so has used this malicious proces for division But that their Lordships might be perswaded that the petitioner neither desyre to delay nor frustrat them of their Just right the petitioner is satisfied to advance ane half years annualrent of the portiones of the four daughters from whom Hemprigs has mandat and that from Candlmiss Last to Lambes nixt and that the proces for exhibitione payment and aliement be sumarly disscust before the Lords of sessione upon Hemprigs giveing the petitioner his oblidgment to Imploy the same upon the petitioners saids sisters and doeing dilligence for them against the petitioners brother and the petitioner quherin he shall use no dilaters, That the matter with ease the nixt sessione might be determined and the petitioner either found Lyable in payment or Hemprigs declared ane incendiary That from heirafter ther Lordships might be no more troubled with that affair as the petition bears The Lords of his majesties privy Councill haveing Considered this petition given in to them be the above William Sinclar They Refuse the desyre therof And Adheres to the former sentance pronunced against the petitioner in the proces pursued at the instance of the younger Childrein of the deceast Laird of Dumbeath befor the Councill against him.

1. NRS, PC2/25, 198v-199v.

2. Insertion.

3. Corrected from the word ‘them’.

1. NRS, PC2/25, 198v-199v.

2. Insertion.

3. Corrected from the word ‘them’.

Order, 7 March 1695 (pm), Edinburgh

Posted on by

[7 March 1695] Eodem die Post Meridiem

D1695/3/81

Order

Recomendation Douglass of Lumsden

Anent a Petition given in to the Lords of his Majesties privy Councill be Archibald Douglass late of Lumsdean now under paine of ane universall palsie with wife and six Cheldrein Shewing That the poor distressed petitioner hade Fourtie punds sterling payed him yearly out of the exchequer for his good service and Loyaltie which was restricted six years agoe to ten punds sterling albeit his great necessity and his poor familly was ten times greater since the said restrictione, That then punds cannot mantaine himself in his infirmitie and sicknes at sixtie six years of age who Lives and his numerous young familly in a deplorable and sterving Conditione cannot gett fyre to warme them nor the sick petitioner who Cannot ryss from his bed untill it be made and all of them naked sterving with Cold and hunger in this vehement Cold winter who was run out of ane estate of five thousand merks yearly by meer advantages and oppressione of severall persones against the distrest petitioner who hade no understanding of his affairs in law being altogither simple and now the petitioner in his great sicknes old age want and misserie with a wyfe and numberous familly has nothing to succor ther Lifes from sterving But only the said fyve punds Sterling which Cannot weell mantaine the poor petitioner himself in his deplorable dying Conditione in missery and want And Therfore humbly Craveing the saids Lords would be pleased in the Bowells of Compassione To Comisserat the poor distrest petitioner and his poor familly in their Deplorable Circumstances and for the Love of the Lord almightie grant to them such a Competent augmentatione yearly to be payed them for ther subsistance and preserving their Lives as the saids Lords thinks good and needfull as the saids Lords thinks good and needfull for them either out of the Bishops rents or vaccand stipends as the said petitione bears The Lords of his majesties privy Councill Haveing heard this petition given in to them be the above Captain Douglass read in their presence They heirby Recomend to the Lords Comissioners of his Majesties thesaurie To Consider the said petition and the grounds of restricting the aliement formerly allowed to the petitioner with the petitioner and his famillies present Circumstances and to allow him such aliement as they shall find Competent for Supplying his necessities.

[7 March 1695] Eodem die Post Meridiem

D1695/3/81

Order

Recomendation Douglass of Lumsden

Anent a Petition given in to the Lords of his Majesties privy Councill be Archibald Douglass late of Lumsdean now under paine of ane universall palsie with wife and six Cheldrein Shewing That the poor distressed petitioner hade Fourtie punds sterling payed him yearly out of the exchequer for his good service and Loyaltie which was restricted six years agoe to ten punds sterling albeit his great necessity and his poor familly was ten times greater since the said restrictione, That then punds cannot mantaine himself in his infirmitie and sicknes at sixtie six years of age who Lives and his numerous young familly in a deplorable and sterving Conditione cannot gett fyre to warme them nor the sick petitioner who Cannot ryss from his bed untill it be made and all of them naked sterving with Cold and hunger in this vehement Cold winter who was run out of ane estate of five thousand merks yearly by meer advantages and oppressione of severall persones against the distrest petitioner who hade no understanding of his affairs in law being altogither simple and now the petitioner in his great sicknes old age want and misserie with a wyfe and numberous familly has nothing to succor ther Lifes from sterving But only the said fyve punds Sterling which Cannot weell mantaine the poor petitioner himself in his deplorable dying Conditione in missery and want And Therfore humbly Craveing the saids Lords would be pleased in the Bowells of Compassione To Comisserat the poor distrest petitioner and his poor familly in their Deplorable Circumstances and for the Love of the Lord almightie grant to them such a Competent augmentatione yearly to be payed them for ther subsistance and preserving their Lives as the saids Lords thinks good and needfull as the saids Lords thinks good and needfull for them either out of the Bishops rents or vaccand stipends as the said petitione bears The Lords of his majesties privy Councill Haveing heard this petition given in to them be the above Captain Douglass read in their presence They heirby Recomend to the Lords Comissioners of his Majesties thesaurie To Consider the said petition and the grounds of restricting the aliement formerly allowed to the petitioner with the petitioner and his famillies present Circumstances and to allow him such aliement as they shall find Competent for Supplying his necessities.

1. NRS, PC2/25, 198r-198v.

1. NRS, PC2/25, 198r-198v.