D1694/3/36
D1694/3/362
Sederunt
Lord Chancelor; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Leven; Earl of Anandale; Earl of Forfar; Viscount Tarbat; Lord Advocat
1. NRS, PC2/24, 381v.
2. NRS, PC2/24, 381v.
1. NRS, PC2/24, 381v.
2. NRS, PC2/24, 381v.
D1694/3/35
D1694/3/351
Procedure
The Lords of their Majesties privy Councill approves of the Lord high Chancelor his Committing to prisone the persone of Livt Brown brother to the Laird of Blackburne in the Tolboth of Edinburgh wher they appoint him to remaine till furder order of Councill, And appoints the said Livt To make payment to William Lamb of Twentie dollers and to John Notman of Fourtein punds scots which he took from them, or to Sir Gilbert Eliot on of the Clerks of privy Councill in their names to be delivered be him to the saids persones, and approves of the order of the Comittie anent pressed souldiers given to this effair of before, And Ordaines letters of horning on six dayes and others needfull to be direct against the said Livt for payment or deliverance of the saids summes.
1. NRS, PC2/24, 381r-381v.
1. NRS, PC2/24, 381r-381v.
D1694/3/34
D1694/3/342
Sederunt
Lord Chancelor; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Leven; Earl of Anandale; Earl of Forfar; Viscount Tarbat; Lord Polwarth; Lord Advocat; Lord Fountonhall; Sir Thomas Livingstoune
1. NRS, PC2/24, 381r.
2. NRS, PC2/24, 381r.
1. NRS, PC2/24, 381r.
2. NRS, PC2/24, 381r.
D1694/3/33
D1694/3/331
Order
The Lords of their Majesties privy Councill Doe heirby Recommend to Sir Robert Sinclar of Stivenson shiref principall of the shyre of Hadingtoune and appoints his deputes within whose bounds the toune of Castletoune lyes furth with upon sight heirof to cause affix and sett up a large and high Gybbet or Gallowes at that place of the said toune wher the same may be best seen and perceived by the rebells in the Bass.
1. NRS, PC2/24, 381r.
1. NRS, PC2/24, 381r.
D1694/3/32
D1694/3/322
Sederunt
Lord Chancelor; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Leven; Earl of Anandale; Earl of Forfar; Viscount Tarbat; Lord Raith; Lord Ross; Lord Beilhaven; Lord Polwarth; Lord Advocat; Lord Enstruther; Sir Thomas Livingstone
1. NRS, PC2/24, 381r.
2. NRS, PC2/24, 381r.
1. NRS, PC2/24, 381r.
2. NRS, PC2/24, 381r.
D1694/3/31
D1694/3/311
Act
Anent a Petition given in to the Lords of their majesties privy Councill be Sir Collin Campbell of Aberurcull one of the Senators of the Collodge of Justice William Row of Innerallan and John Moir of Craigarnall heritors of the parish of Leckropt and Mr John Logan present minister of the said parish Shewing That the said Church and stipend therof being vaccant for the year Jaj vjc nyntie, nyntie one, nyntie two, and Jaj vjc nyntie thrie, By deprivation of master William Weymes late incumbent therat Conforme to the saids Lords act of the date the twentie sixth day of Jully Jaj vjc Eightie nyne years therwith produced, and the said Church Church yeard dyke and maynes being totally ruinouse, and also the said parish being remote and at a Considerable distance from any schooll wherby throw the meanes and poverty of the Tenandrie within the Samen their Cheldrein are altogither destitute of any way of attaineing to learn even the principales of religion So that the vaccant stipend cannot be applyed to a more piouse use then to a mortificatione for a Schooll master within the said paroch for educatione of youth, In prosecutione quherof the deceast Henry Lord Cardross hade so farr Complyed as to grant Comission to James Campbell of Kermoch for uplifting the vaccand stipend then existing of the said parish to be applyed at his Lordships sight in the first place for payment to the said Mr William Weymes late incumbent of the soume of five hundred merks in law and satisfactione of what he hade payed to his predecessor and which lay as ane burdein on the succeeding ministers for old reparationes made upon the said manss, and some new additionall repairationes made by Mr Wemyes himself, And for repairing the said Church and manss in the Second place, and the remander his Lordship designed to mortifie to ane Schooll master within the said parish (his Lordship and his Successors parsons haveing the presentatione allwise) By vertue of which Comission the said James Campbell obtained decreet against the heritors Lyfrentars and others Lyable in payment of the Stipends of the said parish and therupon and be vertue of letters raised theron obtained payment from the said heritors before the said Lord Cardross his decease and morover albeit the said Mr John Logan was not legally admitted till sometime after Michellmiss last, Wherby in law he cannot expect any of that years stipend, yet seing he served the cure at the said Church as a probationer for the most part of the year Jaj vjc nyntie thrie as would appear by his act of admission and Recomendatione of the presbytrie of Dumblaine and Stirling therwith produced, Wherby he hath good reasone to expect the last half of the stipend Jaj vjc nyntie thrie for aliementing him till the legall terme of his haveing right to the said stipend , And quhich is scarcely refused to any in his Circumstances, But seing the Lord Cardross the patron is now dead, Wherby the said James Campbells factory and Commission expyres and hath become ineffectuall, And that the present Lord Cardross (tho both he and his mother approves of and will on no wayes oppose the designe) hath not as yet thought fitt to found his title in law by serveing air to his father, Wherby the forsaid good designes and most pious applicationes are not only highly prejudged but even the fabrick of the Church and manss like to fall to the pott And Therfore humbly Craveing the saids Lords to authorize and allow the said James Campbell to uplift and Collect what is unuplifted by him of the said four years stipend and for that effect to put the letters allready raised in his name upon the forsaid decreet obtained at his instance by vertue of the deceast patrones Commission to all furder 2 executione and if need bees to raise be vertue of the saids Lords Warrand new letters upon the said Decreet and the samen being so Collected and uplifted to apply the samen being so Collected and uplifted to apply the samen (For quhich effect he is content to find Suficient Cautione) in maner above aftermentioned viz to pay to the abovenamed Mr William Weymes the forsaid soume of five hundred merks Conforme to the tenor of the former precept drawen by the said patron and to pay the last half of the said stipend Jaj vjc nyntie thrie to the said Mr John Logan the pursuer minister, and in the thrid place to repair the said Church Church yeard dykes and manse and the superplus (3after deductione of the Charges and expences in Collecting therof and some small gratificatione to the said James Campbell for his oun pains to be applyed to the forsaid mortificatione for ane schooll master, and for that effect to be Imployed as ane stock for him upon suficient security and the annualrent therof to be payed yearly to the Schooll master for the time being, with this quality allwayes that the present Lord Cardross and his successors patrones of the said Church have the presentatione of the said schooll master from time to time, all which the said James Campbell is Content to doe at the sight of any the saids Lords shall appoint and to find suficient Cautione acted in the saids Lords their books for that effect as the said petitione bears The Lords of their majesties privy Councill haveing Considered the above petition given in to them be Sir Collin Campbell of Aberuchill one of the senators of the Collodge of Justice, William Row of Innerallan and John Moir of Craigarnall heritors of the parish of Leikropt and Mr John Logan present minister of the said parish with the act of deprivation of Mr William Weymes and act of admission of the said Mr John wish the factory and Decreets obtained at the instance of James Campbell and horning raised theron all mentioned in and produced with the said petitione They heirby allow and authorize the said James Campbell to uplift and Collect what is unuplifted by him of the stipend of the said kirk for the years Jaj vjc nyntie and Jaj vjc nyntie one, Jaj vjc nyntie two and Jaj vjc nyntie thrie And Ordaines the said James Campbell to be readily answered obeyed and payed therof, Be the heritors fewars Lyfrentars wodsetters titulars tacksmen possessors and others Lyable in payment therof and for that effect to put the saids letters allready raised in his name upon the said decreet obtained at his instance to farder execution, And if need bees Ordaines new letters under the signet of Councill to be raised upon the said Decreet upon production of a decreet of Locallity, And in case ther be no Decreet of Locallity Ordaines these Lyable in payment to make payment of their respective proportiones according as the same shall be determined by the Judge ordinary and the said stipend being so Collected and uplifted ordaines the said James Campbell to apply the samen in maner aftermentioned viz to pay to the said Mr William Weymes the soume of five hundred merks and to pay to the said Mr John Logan the stipend of the said kirk for the last half of the Cropt Jaj vjc nyntie thrie years and in the thrid place to repair the Church yeard dykes and manse of the said parish and appoints the Supperplus to be applyed and Imployed as a stock to the schooll master of a schooll to be keeped in the said parish, And that upon suficient security and the annualrent therof to be payed yearly to the schooll master for the time being with this quality allwaise that the present Lord Cardross and his successors patrones of the said Church shall have the presentatione of the said schooll master from time to time In Respect the said James Campbell has given bond and and4 found suficient Cautione acted in the books of of5 privy Councill that he shall apply and Imploy the said stipend for the ends and uses forsaids.
1. NRS, PC2/24, 379r-381r.
2. The word ‘expence’ scored out here.
3. Closing bracket missing.
4. Sic.
5. Sic.
1. NRS, PC2/24, 379r-381r.
2. The word ‘expence’ scored out here.
3. Closing bracket missing.
4. Sic.
5. Sic.
D1694/3/30
D1694/3/301
Act
Anent a Petition given in to the Lords of their Majesties privy Councill be George Lundie of Drums in name and behalfod Anna Lundie his daughter and spouse to Mr William Grant late minister at Newburgh and her Cheldrein Shewing that quher by their majesties late2 act of parliament, The patrons of each parish within this kingdome have power and libertie allowed them to dispose upon the vaccand stipends within their respective parishes to such pious uses within the Samen as should be thought fit to be disposed on be them, And the patron of the said parish kirk of Newburgh haveing given in a petition to the saids Lords in September Jaj vjc nyntie two, he did therupon obtaine ane act from the saids Lords allowing the haill bygone stipends of the said parish since the terme of Mertimess Jaj vjc Eightie nyne to be uplifted be him for the pious uses therin mentioned, And the saids Lords Did therby nominat Mr David Orm in Newburgh to be factor for uplifting the samen And Seing that ther is a great part of the said stipend uplifted by the said factor and applyed be him to the pious uses to which it was destinat and appointed, And that the said patron being now suficiently informed of the great want and necessitie that the said Anna Lundie and her Cheldrein are redacted unto, He with Content of the heritors baillies and toune Councill of the said burgh and parish, Did freely give for their Mantinance the vaccand stipend of the said parish for this parish year and preceedings since the vaccancie, Which are yet indisposed of, And doth therby intreat the saids Lords to interpone their Lordships authoritie to the forsaid gift and pass ane act in favors of the said Anna Lundie and her Cheldrein or their factor, Ordaineing the heritors and Others Lyable in payment of the said stipend To make thankfull payment therof to them, And Doeth intreat the saids Lords to retire the said Mr David Orm factor his bond of Cautionrie, And Discharge him of his intromissiones and from any furder medling therwith, And to be Comptable to the said Anna Lundie and her factor for what of his intromissiones are yet in his hands, And to which the said Mr David Consents as the said voluntar and free gift therwith produced would instruct And Therfore humbly Supplicating to the effect aftermentioned The Lords of their majesties privy Councill haveing Considered this petition given in to them be the above George Lundie of Drums in name and behalf of his daughter and her Childrein with the gift and Consent of the patron mentioned therin and produced therwith subscryved by the Lord Linodoirs as patron of the above kirk of Newburgh and Mr David Orme and the heritors baillies and toune Councill of the burgh and parish of Newburgh They heirby allow to the above Anna Lundie and her Cheldrein the vaccand stipend of the said kirk of Newburgh for this present cropt and year of god Jaj vjc nyntie four, and also the remanent not uplifted of the former years by the said Mr David Orme since the vaccancie, and Decernes and Ordaines the heritors fewars titulars tacksmen of Teynds tenants possessors and others Lyable in payment of the same to make payment to the said George Lundie of Drums in name and for the use and behove of his said daughter and her Cheldrein of the said years stipend and of the remanent not uplifted of the former years by the said Mr David Orme since the vaccancie and ordaines letters of horning under the signet of Councill to be direct at the instance of the said George Lundie against them for that effect Upon production of a decreet of Localitie, and in case ther be no Decreet of Locallitie, Ordaines these Lyable to make payment of their respective proportiones according as the Samen shall be determined be the Judge Ordinary, And the saids Lords doe heirby Ordaine the said Mr David Orme his bond of Cautionrie to be given up and retired and Discharges him from any furder medleing or intromitting with the said stipend, And Ordaines the said Mr David to make Just compt reckoning and payment to the said George Lundie for the use and behoove forsaid of the intromissiones had by him with the said stipend yet in his hands And Ordaines letters of horning to be direct against the said Mr David for that effect.
1. NRS, PC2/24, 377v-378v.
2. Insertion.
1. NRS, PC2/24, 377v-378v.
2. Insertion.
D1694/3/29
D1694/3/291
Warrant
The Lords of their majesties privy Councill Doe heir Ordaine Archibald Hodge presently prisoner in the Tolbooth of Edinburgh for thift and in respect of his oun Consent To be delivered to the magistrates of Edinburgh To be sent to serve in their Majesties Warrs in Flanders and not to returne without the saids Lords leave, For which these particulars shall be a suficient warrand to all persones concerned.
1. NRS, PC2/24, 377v.
1. NRS, PC2/24, 377v.
D1694/3/28
D1694/3/281
Act
Anent a Petition given in to the Lords of their Majesties privy Councill be Sir Francis Kinloch of Gillmartoune Shewing that quher the petitioner being Creditor upon the estate of Boningtoune for upwards of Threttie thousand pund and haveing exposed the Lands to sale in the ordinary forme, Alexander Chaipland writter to the signet being preferred from whom the petitioner decyves right which is the last remeed for recovering payment of his Just debt And which at the same time will subject him for the superplus of the pryce to other Creditors And yet nevertheless the petitioner has Just reasone to be affraid that his possession will be disturbed as it has been formerly by Charles Scot of Bonytoune the comon debitor when he endeavored to possess the estate be vertue of his reall rights Lykeas the petitioner has raised letters of Laborrowes against the said Charles Scot the late heritor and hitherto hath found no Cautione, And in the mean time he doeth violently and masterfully Robb and oppress the tenants of the said Lands and insolently minace and threaten the purchaser in manifast contempt of Justice and the Lawes of the kingdome, And does Continue to Shelter himself within the presincts of the Abbay, albeit he be not only under Captione for many Civill debts, But likwayes Declared fugative upon aproces before the Justice for deforcement And seing it is of very ill example that his majesties pallaces should be a protection for any in such Circumstances, and that ther is absolute necessitie the saids Charles Scot be put to the Outmost rigour And Therfore humbly Craveing the saids Lords would be pleased to ordaine the baillie of the Abbay not to receive the said Charles Scot within the presincts And to declair that his persone shall be alse open to the executione of the petitioners Caption within the Abbay or any other priviledged place of the kingdome as also that the saids Lords would grant warrand and order to the Commanders of the forces to asist the petitioner upon production of the saids Lords warrand when requyred for the vindicatione of the honor and Justice of the natione which sufers extreamly by this contempt of the Lawes within four myles of the Capitall city of the kingdome as the petition bears The Lords of their majesties privy Councill haveing Considered this petition given in to the be the above Sir Francis Kinloch with themselves Under a nottars hand Intimating to Scot of Bonnytoun to give in answers to this petitione Which he hes not done, They heirby Recomined to Sir Thomas Liveingstoune Comander in Cheif of their Majesties forces to be asistant to the petitioner which military force in puting his letters of Captione to executione against Charles Scot of Boytoune at any place without the presinct of the abbay of Hollyruidhouse.
1. NRS, PC2/24, 377r-377v.
1. NRS, PC2/24, 377r-377v.
D1694/3/27
D1694/3/271
Act
Anent a Petition given in to the Lords of their Majesties privy Councill be Richard Pulline prisoner in the Tolbooth of the Cannogate Shewing That quher the petitioner being Imprisoned upon a pretended clame by the Earle of Dunigald in Ireland against the petitioner for prosecuting quherof the saids Lords did Grant a Commissione to Coll Forbes And as to this Complaint the petitioner did humbly represent to the saids Lords by a petition upon the fiftein of February last And that the petitioner being ane stranger not only Ignorant of the lawes and customes of the natione, But altogither unknowen here, And that it could not be expected that the petitioner could find Cautione for the soume pretended to be due be the petitioner to the said Earle But that the petitioner doeth understand that it doeth not consist with the Lawes of this nation to seaze upon or secure any mans persone upon the accompt of ane Civill claime, But that the clame must be constitute by Decreet and the Decreet execute upon a Competent number of dayes and in case no obedience were given Law allowes personall Imprisonment As this is the Law of the Subjects of this natione, So the petitioner being ane Stranger might Justly decline to answer before any Judicatory in it upon the accompt of any debt or misdemanor unles the same hade been Comitted dureing the petitioners abode within this natione Or against their Majesties government and the petitioner doeth contend that he could far less be put and detained in prison nor oblidged to answer to any Judicatory in the nation upon the accompt of any privat debt not contracted in it, or for the Cause of any alledged missdemanor in another nation being of a privat concerne and if the petitioner a Stranger hade been at all Conveenable he ought to have hade the priviledge of subjects, And seing no subjects could be sumarly seazed upon and Imprisoned he did humbly expect the saids Lords would grant his liberation specially Considering that ther was no evidence or instruction either of misdemanor or debt offered against the petitioner, Upon which aplicatione the saids Lords were pleased to order the Earle of Duningald or any haveing Commissione from him to insist against the petitioner for any thing his Lordship hade to lay to the petitioners charge and that before any Judge competent within this kingdom and that betwixt and the fifteinth instant, And Granted warrand to sett the petitioner at libertie upon his finding Cautione acted in the saids Lords books that he should atttend the dyets of proces to be intented and executione of the sentance to be pronunced against the petitioner untill the forsaid day In obedience to which sentance and in regaird he being a Stranger and could not find Caution for So great a Soume the petitioner hade Lyen in prison now for the Space of a moneth since the saids Lords interloquitor and thrie weeks before the same Wherby the petitioners health is greatly prejudged and his affairs slighted to his great Disadvantadge and all occasioned by the instigation of some malitious servants that have gott into the Earle of Duningalds Service Neither is ther so much as a sumonds or proces raised against the petitioner to this very hour notwithstanding of the saids Lords perempter appointement and his readiness to answer the same 2 And Thefore humbly Suplicating the saids Lords to the effect aftermentioned The Lords of their majesties privy Councill haveing Considered this petition given in to them be the above Richard Pauline, They heirby Give order and warrand to the baillies of the Cannogate and keeper of their Tolbooth, To sett the petitioner at Libertie furth therof at any time after the fifteinth of March instant unless the Earle of Dunegald or some other haveing Commission from him doe insist against him before any Judge Competent within this kingdome betwixt and the said day.
1. NRS, PC2/24, 376r-376v.
2. The words ‘as the petition bears’ scored out here.
1. NRS, PC2/24, 376r-376v.
2. The words ‘as the petition bears’ scored out here.