Tag Archives: March

Act, 13 March 1694 (pm), Edinburgh

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Eodem die [13 March 1694], Post Meridiem

D1694/3/261

Act

Act Bosswell of Ballmutto

Anent a Petition given in to the Lords of their Majesties privy Councill be David Bosswell of Ballmoutto Shewing That quher the petitioner being by the saids Lords Sentance ordained to remaine in prison ay and quhill he Should find Cautione acted in the books of privy Councill for the petitioners peaceable behavior and good deportment for the future, And that the petitioner should not remove from his oun house beyond the bounds appointed by the saids Lords Sentance The petitioner did with all dutie and submissione accquiess to the forsaid sentance but his misfortune has been so great that his freinds are unwilling to interiss themselves in his liberatione quherby his familly is in hazard to be ruined and himself to die in prison unles the saids Lords dispenced with the Strictness of the obligatione in finding Cautione which the petitioner was hope full would give no offence to the Earle of Leven who is the person principally injured be the petitioners rashnes And Therfore humbly Craveing the saids Lords to dispense with his finding Cautione and to accept of his oun bond in the termes of the interloquitor as the petitione bears The Lords of ther Majesties privy Councill Haveing Considerd this petition given in to them be the above David Bosswall of Ballmutto and the Earle of Leven who was present at the board haveing Declared his willingnes and Consent that the desyre therof might be granted They heirby allow the Clerks of privy Councill To receive the petitioners oun bond without Caution for fullfilling such points of the Sentance of Councill pronunced in the process at the Lord Advocats instance against him upon the seventh day of September last as he is by the said Sentance Decerned to find Caution for And heirby Dispences with that part of the said interloquitor Ordaineing the petitioner to find Cautione.

Eodem die [13 March 1694], Post Meridiem

D1694/3/261

Act

Act Bosswell of Ballmutto

Anent a Petition given in to the Lords of their Majesties privy Councill be David Bosswell of Ballmoutto Shewing That quher the petitioner being by the saids Lords Sentance ordained to remaine in prison ay and quhill he Should find Cautione acted in the books of privy Councill for the petitioners peaceable behavior and good deportment for the future, And that the petitioner should not remove from his oun house beyond the bounds appointed by the saids Lords Sentance The petitioner did with all dutie and submissione accquiess to the forsaid sentance but his misfortune has been so great that his freinds are unwilling to interiss themselves in his liberatione quherby his familly is in hazard to be ruined and himself to die in prison unles the saids Lords dispenced with the Strictness of the obligatione in finding Cautione which the petitioner was hope full would give no offence to the Earle of Leven who is the person principally injured be the petitioners rashnes And Therfore humbly Craveing the saids Lords to dispense with his finding Cautione and to accept of his oun bond in the termes of the interloquitor as the petitione bears The Lords of ther Majesties privy Councill Haveing Considerd this petition given in to them be the above David Bosswall of Ballmutto and the Earle of Leven who was present at the board haveing Declared his willingnes and Consent that the desyre therof might be granted They heirby allow the Clerks of privy Councill To receive the petitioners oun bond without Caution for fullfilling such points of the Sentance of Councill pronunced in the process at the Lord Advocats instance against him upon the seventh day of September last as he is by the said Sentance Decerned to find Caution for And heirby Dispences with that part of the said interloquitor Ordaineing the petitioner to find Cautione.

1. NRS, PC2/24, 375v.

1. NRS, PC2/24, 375v.

Act, 13 March 1694 (pm), Edinburgh

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Eodem die [13 March 1694], Post Meridiem

D1694/3/251

Act

Act The lady Monktoune

Anent the petition given in to the Lords of ther Majesties privy Councill be Hellen Ramsay relict of the deceast Mr Alexander Hay of Mounktoune advocat Shewing That the petitioner being infeft upon her Contract of mariadge in ane annuitie of Eightein Hundred merks besyde ane dwelling house and severall other Casualities To be uplifted at two termes in the year furth of the lands and estate of Monktoune, she has intented actione of poynding the ground before the shiref of Edinburgh for payment of her said annuitie since the terme of Whitsunday Jaj vjc nyntie two being the terme Imediatly preceeding the death of her husband, And albeit the petitioner has suficiently instructed the death of her husband by documents sustained by the said shireffs, as the minuts of process heirwith produced to the saids Lords doeth testifie, yet some of the tenants of the said estate being indured by one or other of the Creditors therof, Have officiously upon frivlous grounds stollen out advocation of the said cause as the samen also produced bears, and was of principall that by such straits and deficulties as they designed the petitioner should be therby brought to, To oblidge the petitioner to renunce her said Joynture for ane in adequat matter, notwithstanding the said annuitie was given in Contemplatione of ane Competent Tocher weell secured upon the estate of Abbotshall And seing the advocatione (the session being now clossed) cannot be discussed and that the petitioner and her Child haveing no other mean of subsistance neither has had so much as ane farthing of the rent of the said Estate to mantaine her thir four years by gone So that she cannot expect to be answered of any part of the said annutie to supply her and her Chyld untill the discussing the advocatione without the saids Lords according to ther accustomed equity and Charitie take course therin And Therfore Humbly Craveing the saids Lords to Consider the premisses with the petitioners conditione not Unknowen to some of the saids Lords number And In Respect therof to modifie ane aliement to her respecting bygones since the death and in time comeing untill discussing of the advocation as the saids Lords should find equall and to Ordained Archibald Ker factor appointed by the Lords of Session for the said estate who has four or five years rent therof in his hands to make payment of such ane aliement as the saids Lords should be pleased to modifie as the said petition bears The Saids Lords haveing heard the forsaid petitione with the answers made therto be the Creditors of Mountoune Read in their presence upon the Eight day of march instant and both parties being called for and the Lady Compeiring be Sir James Ogilvie her advocat And Archibald Ker factor for the Creditors Compeiring personally with Mr Hew Dalrymple ther advocat They Recommended to a Committie of their oun number to call for hear and endeavor to setle the parties and incase of deficultie to report to the Councill And the saids Lords haveing this day Considered the forsaid petition given in to them be the above Hellen Ramsay and answers made therto for Archibald Ker factor for the estate of Monktoune and the Creditors of the said estate with a verball report made by a Committie appointed in that matter They heirby Modifie the soume of ane thousand merks ane aliement to the petitioner untill discussing of the above advocatione And Decernes and Ordaines Archibald Kerr factor forsaid to make payment to her of the same at the terme of Whitsunday nixt to come, And Ordaines letters of horning on fiftein dayes and other executions needfull to pass heiron in form as effeirs

Eodem die [13 March 1694], Post Meridiem

D1694/3/251

Act

Act The lady Monktoune

Anent the petition given in to the Lords of ther Majesties privy Councill be Hellen Ramsay relict of the deceast Mr Alexander Hay of Mounktoune advocat Shewing That the petitioner being infeft upon her Contract of mariadge in ane annuitie of Eightein Hundred merks besyde ane dwelling house and severall other Casualities To be uplifted at two termes in the year furth of the lands and estate of Monktoune, she has intented actione of poynding the ground before the shiref of Edinburgh for payment of her said annuitie since the terme of Whitsunday Jaj vjc nyntie two being the terme Imediatly preceeding the death of her husband, And albeit the petitioner has suficiently instructed the death of her husband by documents sustained by the said shireffs, as the minuts of process heirwith produced to the saids Lords doeth testifie, yet some of the tenants of the said estate being indured by one or other of the Creditors therof, Have officiously upon frivlous grounds stollen out advocation of the said cause as the samen also produced bears, and was of principall that by such straits and deficulties as they designed the petitioner should be therby brought to, To oblidge the petitioner to renunce her said Joynture for ane in adequat matter, notwithstanding the said annuitie was given in Contemplatione of ane Competent Tocher weell secured upon the estate of Abbotshall And seing the advocatione (the session being now clossed) cannot be discussed and that the petitioner and her Child haveing no other mean of subsistance neither has had so much as ane farthing of the rent of the said Estate to mantaine her thir four years by gone So that she cannot expect to be answered of any part of the said annutie to supply her and her Chyld untill the discussing the advocatione without the saids Lords according to ther accustomed equity and Charitie take course therin And Therfore Humbly Craveing the saids Lords to Consider the premisses with the petitioners conditione not Unknowen to some of the saids Lords number And In Respect therof to modifie ane aliement to her respecting bygones since the death and in time comeing untill discussing of the advocation as the saids Lords should find equall and to Ordained Archibald Ker factor appointed by the Lords of Session for the said estate who has four or five years rent therof in his hands to make payment of such ane aliement as the saids Lords should be pleased to modifie as the said petition bears The Saids Lords haveing heard the forsaid petitione with the answers made therto be the Creditors of Mountoune Read in their presence upon the Eight day of march instant and both parties being called for and the Lady Compeiring be Sir James Ogilvie her advocat And Archibald Ker factor for the Creditors Compeiring personally with Mr Hew Dalrymple ther advocat They Recommended to a Committie of their oun number to call for hear and endeavor to setle the parties and incase of deficultie to report to the Councill And the saids Lords haveing this day Considered the forsaid petition given in to them be the above Hellen Ramsay and answers made therto for Archibald Ker factor for the estate of Monktoune and the Creditors of the said estate with a verball report made by a Committie appointed in that matter They heirby Modifie the soume of ane thousand merks ane aliement to the petitioner untill discussing of the above advocatione And Decernes and Ordaines Archibald Kerr factor forsaid to make payment to her of the same at the terme of Whitsunday nixt to come, And Ordaines letters of horning on fiftein dayes and other executions needfull to pass heiron in form as effeirs

1. NRS, PC2/24, 374v-375r.

1. NRS, PC2/24, 374v-375r.

Order, 13 March 1694 (pm), Edinburgh

Posted on by

Eodem die [13 March 1694], Post Meridiem

D1694/3/241

Order

[Issobell Tyrie, Lady Glasscloon]

Anent a Petition given in to the Lords of ther Majesties privy Councill be Issobell Tyrie Ladie Glasscloon and her nyne fatherless Cheldrein Shewin That quher it was weell knowen that the petitioner being only daughter and heiress to Sir Thomas Tyrie her father was maried to James Blair brother to the deceased Mr George Blair of Lethentie And that the said Mr George haveing purchased ane right to a debt due by the petitioners deceast father did charge the petitioner to enter air and haveing theron adjudged from the petitioner and her husband her fathers estate and getting the ryss therof setled in his persone, did therafter dispone the some to the said James Blair her said husband and her in Conjunct fie and Lyfrent and their airs Conforme to their infeftment under the great severall But the said Mr George conceaveing afterwards ane unnaturall Coveteous designe against his oun brother and the petitioner though he hade being our trustie Did purchase right to ane appryssing pertaineing to Grange Dick and though the samen wes either satisfied by intromission within the legall or should have accressed in the persone of the said Mr George to the petitioners husband and her as assigneyes yet he made over the Samen to his sone and Eupham Blair his relict who not only violently ejected her poor husband but brock up their house and took away their Chartor Chist wher all ther evidents were and haveing persecute him untill his death, have ever since persecuted the petitioner a poor desolate widow and her fatherless Childrein, And notwithstanding that she hade now for these severall years been wrestling to recover her Joynture, yet she being poor and they rich and in possession she hade never been able to recover the Same but her oppression being nottour The Saids Lords first and then the Lords of Session have been from time to time in use to appoint her ane aliement Lykeas the last aliement given the petitioner be the Lords of sessione haveing expyred at Whitsunday Jaj vjc nyntie thrie the petitioner for want of the then sumer session Did apply to the saids Lords in September last for obtaineing ane new aliement, But becaus of the aproaching session, The saids Lords was pleased to Remitt to the Lords of Session to whom the petitioner Lykewayes Applyed in the begining of november last But their Lordships ordaineing the principall cause to be discussed the petitioner was content therof, when the said Lady Lethendy and her sone brought in against the petitioner (as knowing they had robbed her of her wrytes) ane reductione and Improbatione and yet haveing satisfied the production the petitioner could and brought the cause to ane debate and was most willing and earnest the same should be discused but her contrare parties the pursuers Lying over and she haveing no money to follow out her right The Reporting of her cause wes delayed untill the last week of the session, when all on a Sudden the Lords made a rule that no moe reports should be taken in, Wherupon tho the petitioner hade given in her informationes yet the petitioner was delayed and haveing at the Same time offered ane bill to their Lordships that she at least might have ane aliement such was the throng of the last day of the session and the Vehement Clamour and Importunity of her powerfull adversaries That both her cause and aliement was delayed And Seing this her sadd Distress and that her contrare partie in Conscience of her Just right did only mainly frustrat the petitioner in the end of a session By his offers to submitt even to the petitioners advocats and representing the petitioner as ane person Obstinat and unreasonable and that it was knowen to all that had heard the cause that the petitioner has been and am Most Sadly opprest and must upon ane equall and fair hearing undoubtedly prevaill And Therfore Humbly Craveing the saids Lords according to their accustomed equity and the petitioners knowen and most grevious necessitie being ane poor widow and nyne fatherless Childrein To appoint the petitioners ane aliement such as the saids Lords have been in use and shall think fitt to modifie That at least the petitioners may be subsisted till the sumer session and not cutt of for want now in time of vaccance When its certaine that if once the sumer session were come she must undoubted prevaill as the said petition bears The Lords of their Majesties privy Councill haveing Considered this petitione given into them be the above Issobell Tyrie Lady Glascloon with a Counter petition given in to them be the Lady Lethendy They heirby Modifie the soum of Four hundreth merks scots of Aliement to the said Lady Glascloon for her self and her Cheldrein, And Decernes and Ordaines Eupham Blair Lady Lethendy and […] Blair her sone Conjunctllie and severallie to make payment to the said Lady Glascloon petitioner of the said soume of Four hundred merks at the terme of Whitsunday nixt to come, And ordaines letter of horning on six dayes and others needfull to pass heiron in forme as effeirs.

Eodem die [13 March 1694], Post Meridiem

D1694/3/241

Order

[Issobell Tyrie, Lady Glasscloon]

Anent a Petition given in to the Lords of ther Majesties privy Councill be Issobell Tyrie Ladie Glasscloon and her nyne fatherless Cheldrein Shewin That quher it was weell knowen that the petitioner being only daughter and heiress to Sir Thomas Tyrie her father was maried to James Blair brother to the deceased Mr George Blair of Lethentie And that the said Mr George haveing purchased ane right to a debt due by the petitioners deceast father did charge the petitioner to enter air and haveing theron adjudged from the petitioner and her husband her fathers estate and getting the ryss therof setled in his persone, did therafter dispone the some to the said James Blair her said husband and her in Conjunct fie and Lyfrent and their airs Conforme to their infeftment under the great severall But the said Mr George conceaveing afterwards ane unnaturall Coveteous designe against his oun brother and the petitioner though he hade being our trustie Did purchase right to ane appryssing pertaineing to Grange Dick and though the samen wes either satisfied by intromission within the legall or should have accressed in the persone of the said Mr George to the petitioners husband and her as assigneyes yet he made over the Samen to his sone and Eupham Blair his relict who not only violently ejected her poor husband but brock up their house and took away their Chartor Chist wher all ther evidents were and haveing persecute him untill his death, have ever since persecuted the petitioner a poor desolate widow and her fatherless Childrein, And notwithstanding that she hade now for these severall years been wrestling to recover her Joynture, yet she being poor and they rich and in possession she hade never been able to recover the Same but her oppression being nottour The Saids Lords first and then the Lords of Session have been from time to time in use to appoint her ane aliement Lykeas the last aliement given the petitioner be the Lords of sessione haveing expyred at Whitsunday Jaj vjc nyntie thrie the petitioner for want of the then sumer session Did apply to the saids Lords in September last for obtaineing ane new aliement, But becaus of the aproaching session, The saids Lords was pleased to Remitt to the Lords of Session to whom the petitioner Lykewayes Applyed in the begining of november last But their Lordships ordaineing the principall cause to be discussed the petitioner was content therof, when the said Lady Lethendy and her sone brought in against the petitioner (as knowing they had robbed her of her wrytes) ane reductione and Improbatione and yet haveing satisfied the production the petitioner could and brought the cause to ane debate and was most willing and earnest the same should be discused but her contrare parties the pursuers Lying over and she haveing no money to follow out her right The Reporting of her cause wes delayed untill the last week of the session, when all on a Sudden the Lords made a rule that no moe reports should be taken in, Wherupon tho the petitioner hade given in her informationes yet the petitioner was delayed and haveing at the Same time offered ane bill to their Lordships that she at least might have ane aliement such was the throng of the last day of the session and the Vehement Clamour and Importunity of her powerfull adversaries That both her cause and aliement was delayed And Seing this her sadd Distress and that her contrare partie in Conscience of her Just right did only mainly frustrat the petitioner in the end of a session By his offers to submitt even to the petitioners advocats and representing the petitioner as ane person Obstinat and unreasonable and that it was knowen to all that had heard the cause that the petitioner has been and am Most Sadly opprest and must upon ane equall and fair hearing undoubtedly prevaill And Therfore Humbly Craveing the saids Lords according to their accustomed equity and the petitioners knowen and most grevious necessitie being ane poor widow and nyne fatherless Childrein To appoint the petitioners ane aliement such as the saids Lords have been in use and shall think fitt to modifie That at least the petitioners may be subsisted till the sumer session and not cutt of for want now in time of vaccance When its certaine that if once the sumer session were come she must undoubted prevaill as the said petition bears The Lords of their Majesties privy Councill haveing Considered this petitione given into them be the above Issobell Tyrie Lady Glascloon with a Counter petition given in to them be the Lady Lethendy They heirby Modifie the soum of Four hundreth merks scots of Aliement to the said Lady Glascloon for her self and her Cheldrein, And Decernes and Ordaines Eupham Blair Lady Lethendy and […] Blair her sone Conjunctllie and severallie to make payment to the said Lady Glascloon petitioner of the said soume of Four hundred merks at the terme of Whitsunday nixt to come, And ordaines letter of horning on six dayes and others needfull to pass heiron in forme as effeirs.

1. NRS, PC2/24, 373r-374r.

1. NRS, PC2/24, 373r-374r.

Decreet, 13 March 1694 (pm), Edinburgh

Posted on by

Eodem die [13 March 1694], Post Meridiem

D1694/3/231

Decreet

Decreet Earl of Callander and his Tutor Against The Countess therof

Anent the Supplication given in to the Lords of their majesties privy Councill be James Earle of Calander and George Earle of Linlithgow his tutor and Curator sine quo non and his other tutors Shewin That quher2 the rents of the lands and estate of ane air is absorbed by lyfrents of relicts and annualrents of Sums of money due forth of the estate, so as the air hes no aliement furth therof, The saids Lords conforme to the lawes and constant practique of this kingdome are allwayes in use to modifie ane aliement to the air to be payed by the lyfrentars out of their Lyfrent lands effeirand to the air his estate and their respective Lyfrents. Bot so it is that the greatest part of the Lands and estate of Callander is lyfrented by Mary Countes of Callander relict of umquhill Alexander Earle of Callander the petitioners grand uncle and by Anna Countes of Callander his mother and albeit the petitioners said mother did lately out of the love and favor she bears to the petitioner and for standing of the familly freely quyt and Discharge one Thousand merks yearly of her Joynture which was in haill five thousand merks of annuitie and for the remaineing four did accept of Lands in leiw therof, And that for the more easie paying of the annualrents of the debts due upon the estate, yet notwithstanding therof that part of the said estate which is unlyfrented is farr short of paying the Current annualrents of the debts and burdeins upon the estate, and will intake the sum of […] yearly as the abreviat of the rentall of the wholl estate lyfrented and unlyfrented and of the debts and burdeins therin ready to be produced, And to be instructed by the Speciall rentall of the estate and particular list of debts bears, So that according to the present condition of the petitioners estate and debts, not only will annualrents in a great measure Lye unpayed and so Swell up to a Soume to the absolute exhausting of the propertie and utter ruine of the familly But the petitioner will be altogither destitute of a suitable aliement for the petitioners sustinance and educatione And Therfor humbly Craveing the saids Lords would be pleased to modifie to the petitioner (who aine our served and retoured in the Said estate to the said late Earle of Callander the petitioners father) ane aliement yearly out of the Lands Lyfrented by the said Mary Countes of Callender the petitioners grand uncles relict And to ordaine her and James Liveinstoune of West Quarter now her husband for his intrest To make payment to the petitioner of the aliment to be modified by the saids Lords effeir and to the estate and her proportion of her Lyfrent as the said petition at more leanth bears The Lords of their majesties privy Councill haveing Considered the above petition with the answers made therto for Mary Countes of Callander and her husband And both parties being called and the Earle of Linlithgow being personally present did remove from the board to the barr and Sir James Ogilvie and Mr George Alexander Compeiring as advocats for the Earle of Callander, and […] Liveingstoune of Westquarter Compeiring Compeiring3 personally for himself and the said Mary Countes of Callander his Lady with Sir James Stewart their majesties advocat and Mr Hew Dalrymple advocat And the saids Lords haveing at leanth heard both parties advocats They by their interloquitor of the twentie two day of February last Recomended to a Comittie of their oun number to Comon with and endeavor to aggree To take tryall by probation or otherwayes both as to the condition of the state of Callander and the Earles oun condition and alse as to the said Mary Countes of callander her Joynture and to report ther Opinion to the Councill and the Comittie haveing this day made their report to them And the Councill Haveing Considered the above petitione and answers Togither with the other petitiones given in hinc inde in this process, And haveing heard both parties procurators formerly as said is, And haveing Considered the instructions or writtes produced for aither partie The Saids Lords of their Majesties privy Councill Finds That notwithstanding Anna Countes of Callander the Earles mother for enabling him to pay his annualrents has restricted her Joyntur of five Thousand merks of yearly annuitie to four Thousand merks of land rent, That yet the Earles estate is exhausted with the two Lyfrents and annualrents of debts And Therfore Have Ordained and heirby Ordaines the said Mary Countes of Callander and James Liveingstoune of Westquarter her husband for his intrest To make payment to the said Earle of Callander or his tutors or factors in his name yearly at two termes in the year whitsunday and mertmiss be equall proportiones dureing all the years of the Countes Lyfetime the Soume of ane Thousand punds Scots money as ane aliementary provisione Commenceing from the terme of mertimes last by past begining the first termes payment of the said aliementary provision at the feast and terme of Whitsunday nixt as for the terme preceeding and so furth yearly and termely in time comeing dureing the space forsaid the termes of payment being allwayes first come and bygone And appoints the Earle of Linlithgow tutor to the said Earle of Callender to subscryve the list of the principall soumes affecting the estate of callander produced for the Earle in the hands of the Clerks of Councill To the effect the said Countes may disprove the verity of the said list and may have defalcation of the said aliement proportionally and effeiring to the annualrents of such of the principall soumes in the said list as shall be disproven by her And Ordaines letters of horning on fiftein dayes and others needfull to be direct heiron in forme as effeirs.

Eodem die [13 March 1694], Post Meridiem

D1694/3/231

Decreet

Decreet Earl of Callander and his Tutor Against The Countess therof

Anent the Supplication given in to the Lords of their majesties privy Councill be James Earle of Calander and George Earle of Linlithgow his tutor and Curator sine quo non and his other tutors Shewin That quher2 the rents of the lands and estate of ane air is absorbed by lyfrents of relicts and annualrents of Sums of money due forth of the estate, so as the air hes no aliement furth therof, The saids Lords conforme to the lawes and constant practique of this kingdome are allwayes in use to modifie ane aliement to the air to be payed by the lyfrentars out of their Lyfrent lands effeirand to the air his estate and their respective Lyfrents. Bot so it is that the greatest part of the Lands and estate of Callander is lyfrented by Mary Countes of Callander relict of umquhill Alexander Earle of Callander the petitioners grand uncle and by Anna Countes of Callander his mother and albeit the petitioners said mother did lately out of the love and favor she bears to the petitioner and for standing of the familly freely quyt and Discharge one Thousand merks yearly of her Joynture which was in haill five thousand merks of annuitie and for the remaineing four did accept of Lands in leiw therof, And that for the more easie paying of the annualrents of the debts due upon the estate, yet notwithstanding therof that part of the said estate which is unlyfrented is farr short of paying the Current annualrents of the debts and burdeins upon the estate, and will intake the sum of […] yearly as the abreviat of the rentall of the wholl estate lyfrented and unlyfrented and of the debts and burdeins therin ready to be produced, And to be instructed by the Speciall rentall of the estate and particular list of debts bears, So that according to the present condition of the petitioners estate and debts, not only will annualrents in a great measure Lye unpayed and so Swell up to a Soume to the absolute exhausting of the propertie and utter ruine of the familly But the petitioner will be altogither destitute of a suitable aliement for the petitioners sustinance and educatione And Therfor humbly Craveing the saids Lords would be pleased to modifie to the petitioner (who aine our served and retoured in the Said estate to the said late Earle of Callander the petitioners father) ane aliement yearly out of the Lands Lyfrented by the said Mary Countes of Callender the petitioners grand uncles relict And to ordaine her and James Liveinstoune of West Quarter now her husband for his intrest To make payment to the petitioner of the aliment to be modified by the saids Lords effeir and to the estate and her proportion of her Lyfrent as the said petition at more leanth bears The Lords of their majesties privy Councill haveing Considered the above petition with the answers made therto for Mary Countes of Callander and her husband And both parties being called and the Earle of Linlithgow being personally present did remove from the board to the barr and Sir James Ogilvie and Mr George Alexander Compeiring as advocats for the Earle of Callander, and […] Liveingstoune of Westquarter Compeiring Compeiring3 personally for himself and the said Mary Countes of Callander his Lady with Sir James Stewart their majesties advocat and Mr Hew Dalrymple advocat And the saids Lords haveing at leanth heard both parties advocats They by their interloquitor of the twentie two day of February last Recomended to a Comittie of their oun number to Comon with and endeavor to aggree To take tryall by probation or otherwayes both as to the condition of the state of Callander and the Earles oun condition and alse as to the said Mary Countes of callander her Joynture and to report ther Opinion to the Councill and the Comittie haveing this day made their report to them And the Councill Haveing Considered the above petitione and answers Togither with the other petitiones given in hinc inde in this process, And haveing heard both parties procurators formerly as said is, And haveing Considered the instructions or writtes produced for aither partie The Saids Lords of their Majesties privy Councill Finds That notwithstanding Anna Countes of Callander the Earles mother for enabling him to pay his annualrents has restricted her Joyntur of five Thousand merks of yearly annuitie to four Thousand merks of land rent, That yet the Earles estate is exhausted with the two Lyfrents and annualrents of debts And Therfore Have Ordained and heirby Ordaines the said Mary Countes of Callander and James Liveingstoune of Westquarter her husband for his intrest To make payment to the said Earle of Callander or his tutors or factors in his name yearly at two termes in the year whitsunday and mertmiss be equall proportiones dureing all the years of the Countes Lyfetime the Soume of ane Thousand punds Scots money as ane aliementary provisione Commenceing from the terme of mertimes last by past begining the first termes payment of the said aliementary provision at the feast and terme of Whitsunday nixt as for the terme preceeding and so furth yearly and termely in time comeing dureing the space forsaid the termes of payment being allwayes first come and bygone And appoints the Earle of Linlithgow tutor to the said Earle of Callender to subscryve the list of the principall soumes affecting the estate of callander produced for the Earle in the hands of the Clerks of Councill To the effect the said Countes may disprove the verity of the said list and may have defalcation of the said aliement proportionally and effeiring to the annualrents of such of the principall soumes in the said list as shall be disproven by her And Ordaines letters of horning on fiftein dayes and others needfull to be direct heiron in forme as effeirs.

1. NRS, PC2/24, 371v-373r.

2. Insertion.

3. Sic.

1. NRS, PC2/24, 371v-373r.

2. Insertion.

3. Sic.

Order, 13 March 1694 (pm), Edinburgh

Posted on by

Eodem die [13 March 1694], Post Meridiem

D1694/3/221

Order

Committie and Stop Dun and others Commissioners for the shyre of Angus.

Anent a Petition given in to the Lords of their Majesties privy Councill be David Erskine of Dun John Fullertoune of Kinaber, James Scot of Logie and James Mylne of Ballweill Commissioners to the parliament for the shire of Forfar with the other heritors of the said shyre that adhere to them Shewing that quher upon a remitt of Parliament their Lordships Ordained a revaluatione to be made of the said shyre And that such of the heritors as hade qualified themselves should be valuators In obedience Wherunto the Saids heritors did meet and were about to proceed when some of the heritors who hade ther oun particular Designes did apply to the saids Lords that all the heritors within the said shyre tho not qualified before, yet qualifying themselves therafter should be received into the number of valuators The Strict reasone and drift quherof did very quickly appear for when the valuators hade appointed that all the heritors should bring in their rentalls against the meeting Ordained in October, when the day of meeting came and the valuators expected that the said rentalls should be procured, Ther appeared Eight persones pretending to be heritors But all of them at best petty fewars, And some of them not haveing above ane accre or two of Land with the burdein of a Considerable few dutie of no less then a boll per acre, and some of them who could not either read or writt, which appeared from ther Causeing the Clerk Signe the assurance for them Which persones qualifieing themselves took place as heritors and valuators, But to shew that this was but a packt Contrivance So Soon as they were admitted in stead of proceeding to receive in the rentalls, They adjourned their nixt meeting untill the second Tusday of march to the manifast frustration of the parliament and the saids Lords appointment of the said revaluatione, And Seing that the forsaid practise is not only a visible abuse and such as was at the time protested against by the said Laird of Dun But also manifastly contrare to the meaning and intention of both parliament and Councill who in no doubt never proposed that any should be valuators but substantious heritors and such as hade at least so much rent as might Capacitate them to be Commisioners of parliament and that also the forsaid delay is ane open Declaration and Scorne that in effect they designe rather to frustrat then to perfect the revaluatione ordained And Therfore humbly Craveing the saids Lords for remeedie of such a gross and visible abuse To Declare and Ordaine in the first place that non Meet or act as valuators within the said shyre Except they have at least four hundred punds of valued rent of Estate within the shyre Discharging all others to meet or act for heirafter, And in the nixt place to ordaine the valuators thus allowed to meet peremptorly upon the forsaid second Tuesday of March, and being so mett to proceid closly and vigerously for perfecting of the said revaluatione appointing their dyets for therafter at most with a fourth nights intervall and sooner as they shall see cause But no longer on any pretext and so to attend the said work untill it be accomplished and furder Because the saids valuators doe now find a sencible prejudice in not recording of rentalls brought in in former valuationes Therfore it is furder humbly Craved that the saids Lords would appoint the rentalls now to be brought in to be Recorded by the Clerks in the books of the shyre ad futuram rej memoriam and the haill premisses with such Certificatione as the saids Lords pleased to appoint, and to declare all this to be without prejudice of the saids Lords act forsaid revaluation of the date the twentie day of June last as to all other things therincontained as the said petition bears The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above David Erskine John Fullertoune, James Scot and James Mylne Commissioners to the parliament for the shyre of Forfar with the other heritors of the said Shyre adhereing to them with the answers made therto by the Earles of Strathmore and Airly, The Lairds of Pewnie, Blanamoon, Phinhaven, and the other heritors of the shyre of Angus They heirby Recommend to the Earles of Linlithgow and Anandale and the Lord Beilhaven or any two of them to meett with and hear both parties and endeavor to setle and agree them, And in the mean time stops all procedure of the Commission for valuation of the said shyre of Angus untill the first Councill day in Aprile nixt And Recommends to the Comittie to make ther report to the Councill the said day incase they shall not answer the parties before that time.

Eodem die [13 March 1694], Post Meridiem

D1694/3/221

Order

Committie and Stop Dun and others Commissioners for the shyre of Angus.

Anent a Petition given in to the Lords of their Majesties privy Councill be David Erskine of Dun John Fullertoune of Kinaber, James Scot of Logie and James Mylne of Ballweill Commissioners to the parliament for the shire of Forfar with the other heritors of the said shyre that adhere to them Shewing that quher upon a remitt of Parliament their Lordships Ordained a revaluatione to be made of the said shyre And that such of the heritors as hade qualified themselves should be valuators In obedience Wherunto the Saids heritors did meet and were about to proceed when some of the heritors who hade ther oun particular Designes did apply to the saids Lords that all the heritors within the said shyre tho not qualified before, yet qualifying themselves therafter should be received into the number of valuators The Strict reasone and drift quherof did very quickly appear for when the valuators hade appointed that all the heritors should bring in their rentalls against the meeting Ordained in October, when the day of meeting came and the valuators expected that the said rentalls should be procured, Ther appeared Eight persones pretending to be heritors But all of them at best petty fewars, And some of them not haveing above ane accre or two of Land with the burdein of a Considerable few dutie of no less then a boll per acre, and some of them who could not either read or writt, which appeared from ther Causeing the Clerk Signe the assurance for them Which persones qualifieing themselves took place as heritors and valuators, But to shew that this was but a packt Contrivance So Soon as they were admitted in stead of proceeding to receive in the rentalls, They adjourned their nixt meeting untill the second Tusday of march to the manifast frustration of the parliament and the saids Lords appointment of the said revaluatione, And Seing that the forsaid practise is not only a visible abuse and such as was at the time protested against by the said Laird of Dun But also manifastly contrare to the meaning and intention of both parliament and Councill who in no doubt never proposed that any should be valuators but substantious heritors and such as hade at least so much rent as might Capacitate them to be Commisioners of parliament and that also the forsaid delay is ane open Declaration and Scorne that in effect they designe rather to frustrat then to perfect the revaluatione ordained And Therfore humbly Craveing the saids Lords for remeedie of such a gross and visible abuse To Declare and Ordaine in the first place that non Meet or act as valuators within the said shyre Except they have at least four hundred punds of valued rent of Estate within the shyre Discharging all others to meet or act for heirafter, And in the nixt place to ordaine the valuators thus allowed to meet peremptorly upon the forsaid second Tuesday of March, and being so mett to proceid closly and vigerously for perfecting of the said revaluatione appointing their dyets for therafter at most with a fourth nights intervall and sooner as they shall see cause But no longer on any pretext and so to attend the said work untill it be accomplished and furder Because the saids valuators doe now find a sencible prejudice in not recording of rentalls brought in in former valuationes Therfore it is furder humbly Craved that the saids Lords would appoint the rentalls now to be brought in to be Recorded by the Clerks in the books of the shyre ad futuram rej memoriam and the haill premisses with such Certificatione as the saids Lords pleased to appoint, and to declare all this to be without prejudice of the saids Lords act forsaid revaluation of the date the twentie day of June last as to all other things therincontained as the said petition bears The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above David Erskine John Fullertoune, James Scot and James Mylne Commissioners to the parliament for the shyre of Forfar with the other heritors of the said Shyre adhereing to them with the answers made therto by the Earles of Strathmore and Airly, The Lairds of Pewnie, Blanamoon, Phinhaven, and the other heritors of the shyre of Angus They heirby Recommend to the Earles of Linlithgow and Anandale and the Lord Beilhaven or any two of them to meett with and hear both parties and endeavor to setle and agree them, And in the mean time stops all procedure of the Commission for valuation of the said shyre of Angus untill the first Councill day in Aprile nixt And Recommends to the Comittie to make ther report to the Councill the said day incase they shall not answer the parties before that time.

1. NRS, PC2/24, 370r-371v.

1. NRS, PC2/24, 370r-371v.

Sederunt, 13 March 1694 (pm), Edinburgh

Posted on by

Eodem die [13 March 1694], Post Meridiem1

D1694/3/212

Sederunt

Lord Chancelor; Earl of Melvill LPS; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Leven; Earl of Anandale; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Raith; Lord Ross; Lord Beilhaven; Lord Polwarth; Lord Advocat; Lord Fountonhall; Lord Enstruther; Sir Thomas Liveingstoune

Eodem die [13 March 1694], Post Meridiem1

D1694/3/212

Sederunt

Lord Chancelor; Earl of Melvill LPS; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Leven; Earl of Anandale; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Raith; Lord Ross; Lord Beilhaven; Lord Polwarth; Lord Advocat; Lord Fountonhall; Lord Enstruther; Sir Thomas Liveingstoune

1. NRS, PC2/24, 370r.

2. NRS, PC2/24, 370r.

1. NRS, PC2/24, 370r.

2. NRS, PC2/24, 370r.

Act, 13 March 1694, Edinburgh

Posted on by

Edinburgh the threteinth day of March Jaj vjc nyntie four years

D1694/3/201

Act

Act Cochran and Eglisham

In the Petition given in to the Lords of ther Majesties privy Councill be James Cochran sometime in Mayboill and John Eiglisham sometime in Craigeoch Shewin that quher some years agoe Immediately after the Reduction of Ireland the petitioners went over to that kingdom with their famillies and stocks thinking to have setled ther to better advantadge, Lykeas by the said transport they did indeed better ther stocks both by the increase of ther number and Improveing of their kynd But now are inclined to turne to the petitioners 2 our Native Countrey and their former possessiones are at present void wanting for them, and are only hindered by the prohibition of the Import of Irish Catle And Seing that ther Catle properly are not Irish Catle nor are they bringin them to this Countrey for Sale But singlely on the account forsaid, Which instead of being prejudiciall to is certainly the benefite of the Countrey specially when the quantity is so small not exceiding six or seven score-head betwixt them both And Therfore Humbly Craveing the saids Lords to allow the petitioners to bring back their said stocks and for that effect to grant them a permission by the saids Lords their deliverance as the said petition at more leanth bears, The saids Lords of their majesties privy Councill haveing Considered the above petition with a Certificat produced therwith Bearing that the petitioners did goe to Ireland and Cary over ther stocks of nolt and sheep with them to the number of Sixtie Cowes and oxen young and old each of them, And that the above John Eiglsham is yet liveing in Ireland and the above James Cochran is now in Scotland, Bot that his stock of nolt remaines still in Ireland, And being informed that Alexander Eiglsham in Thomastoune and John McCaula writter in Mayboill subscrivers of the said testificat are ready to make faith and depone upon the same as to the verity therof, and the saids Lords appointed a Comittie of their oun number to take the oathes of the saids two persones upon the verity of the Contents of the forsaid testificat Conforme wherunto the saids Alexander Eiglsham and John McCauly haveing Compeired in presence of the said Committie and haveing taken inspectione of the said testificat and heard the same read in presence of the said Lords and themselves They both being solemnly sworne and examined upon their great oathes Deponed and Declared that the hail contents of the said testificats are treuth and of verity and that the soume is duely subscribed by them as the oathes and depositiones of the saids two persones extant in proces bears And the saids Lords of their Majesties privy Councill haveing this day Considered the forsaids depositiones They heirby Allow the petitioners to bring back their stocks of Catle from Ireland to this kingdome to the number of sixtie Cowes and oxen young and old for each of the two petitioners, And that notwithstanding of the proclamation of Councill of this dayes date prohibiting the Import of Catle from Ireland in to this kingdome.

Edinburgh the threteinth day of March Jaj vjc nyntie four years

D1694/3/201

Act

Act Cochran and Eglisham

In the Petition given in to the Lords of ther Majesties privy Councill be James Cochran sometime in Mayboill and John Eiglisham sometime in Craigeoch Shewin that quher some years agoe Immediately after the Reduction of Ireland the petitioners went over to that kingdom with their famillies and stocks thinking to have setled ther to better advantadge, Lykeas by the said transport they did indeed better ther stocks both by the increase of ther number and Improveing of their kynd But now are inclined to turne to the petitioners 2 our Native Countrey and their former possessiones are at present void wanting for them, and are only hindered by the prohibition of the Import of Irish Catle And Seing that ther Catle properly are not Irish Catle nor are they bringin them to this Countrey for Sale But singlely on the account forsaid, Which instead of being prejudiciall to is certainly the benefite of the Countrey specially when the quantity is so small not exceiding six or seven score-head betwixt them both And Therfore Humbly Craveing the saids Lords to allow the petitioners to bring back their said stocks and for that effect to grant them a permission by the saids Lords their deliverance as the said petition at more leanth bears, The saids Lords of their majesties privy Councill haveing Considered the above petition with a Certificat produced therwith Bearing that the petitioners did goe to Ireland and Cary over ther stocks of nolt and sheep with them to the number of Sixtie Cowes and oxen young and old each of them, And that the above John Eiglsham is yet liveing in Ireland and the above James Cochran is now in Scotland, Bot that his stock of nolt remaines still in Ireland, And being informed that Alexander Eiglsham in Thomastoune and John McCaula writter in Mayboill subscrivers of the said testificat are ready to make faith and depone upon the same as to the verity therof, and the saids Lords appointed a Comittie of their oun number to take the oathes of the saids two persones upon the verity of the Contents of the forsaid testificat Conforme wherunto the saids Alexander Eiglsham and John McCauly haveing Compeired in presence of the said Committie and haveing taken inspectione of the said testificat and heard the same read in presence of the said Lords and themselves They both being solemnly sworne and examined upon their great oathes Deponed and Declared that the hail contents of the said testificats are treuth and of verity and that the soume is duely subscribed by them as the oathes and depositiones of the saids two persones extant in proces bears And the saids Lords of their Majesties privy Councill haveing this day Considered the forsaids depositiones They heirby Allow the petitioners to bring back their stocks of Catle from Ireland to this kingdome to the number of sixtie Cowes and oxen young and old for each of the two petitioners, And that notwithstanding of the proclamation of Councill of this dayes date prohibiting the Import of Catle from Ireland in to this kingdome.

1. NRS, PC2/24, 369v-370r.

2. The word ‘respective’ scored out here.

1. NRS, PC2/24, 369v-370r.

2. The word ‘respective’ scored out here.

Act, 13 March 1694, Edinburgh

Posted on by

Edinburgh the threteinth day of March Jaj vjc nyntie four years

D1694/3/191

Act

Act The heritors of the paroch of Migle:

Anent a Petition given in to the Lords of ther Majesties privy Councill be Thomas Nairne of Kirkhill for himself and in name and behalf of the rest of the heritors of the parish of Migle Shewing That quher ther is a very great necessitie of haveing ane high way (which may be passable in winter) Thorow the myres of the parichin of Migle being ane ordinary passadge to and from the toune of Dundie and Eliot, and parishins of Migle, Eliot, Newtyll Glenlaw, Strathairlie and severall others The want of which way hitherto stops Comerce among all these places, and has occasioned the Loss of many persones yearly being drowned ther And like wayes very prejudiciall to ther majesties forces who pass that way betwixt the said toune of Dundie and the North, and must be made thorow the Said Myre upon the March betwixt Kirkhill and Cairne in the Comuntie of Migle, And seing the said stipends of Migle Benochie and Kinloch are now vacant for the year Jaj vjc nyntie thrie and undisposed upon and are at the Disposall of the saids Lords and the Lords of thesaurie and Cannot be better applyed to such a necessary pious use within the parish, And Because these Stipends will not be Suficient for all the works It were Convenient that ther were a voluntar Contribution of the touns of Dundie and Eliot and parochins of Migle, Eliot, Newtyll, Glenlaw, Strathairlie and others abovementioned as being all concerned in it and being most willing to Contribut for the samen And that the said stipends and soumes of money to be Collected as said is, may be rightly applied to the said use and no part therof Imbazled for any privat use, It is necessar that the uplifting ingathering and disponeing therof for the said use be Comitted etc intrusted to some particular persone upon suficiant Caution for the manadging therof, And that all concerned are desyreous that the said trust may be Committed to Thomas Nairn of Kirkhill one of the principall heritors of the said parish of Migle, And Therfore Humbly Craveing the saids Lords to Grant a gift of the said years vaccand stipends for the use abovewritten and a warrand for the said voluntar Contributione for the same use with the saids Lords approbatione therof to the Lords of thesaurie for the stipends above mentioned, and that the saids Lords would Committ the trust and manadgment of both for the said use a forsaid unto the said Thomas Nairn of Kirkhill upon his finding suficient Caution as said is as the said petition bears. The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above Thomas Nairne for himself and in name and behalf of the rest of the heritors of Meigle They heirby allow a voluntar Collectione to be made at the Church doors of all the parishes within the Shyre of Angus and within the bounds of Gowrie and the Carss therof and the toune of Pearth for makeing a high way which may be passable in winter throw the myres of the parishin of Meigle upon Sabbath the nynth day of march Jaj vjc nyntie six nixt to come and appoints the saids Collectiones to be payed in to the above Thomas Nairne In Respect he hes given bond and found suficient Caution acted in the books of privy Councill that the Collectiones to be delivered in to him shall be applyed to the use forsaid And Recomends to the ministers of the severall parishes within the respective bounds forsaids to make intimatione publictly from their pulpits of this act upon the sabbath day Immediatly preceiding the day above appointed for makeing the saids Collections.

Edinburgh the threteinth day of March Jaj vjc nyntie four years

D1694/3/191

Act

Act The heritors of the paroch of Migle:

Anent a Petition given in to the Lords of ther Majesties privy Councill be Thomas Nairne of Kirkhill for himself and in name and behalf of the rest of the heritors of the parish of Migle Shewing That quher ther is a very great necessitie of haveing ane high way (which may be passable in winter) Thorow the myres of the parichin of Migle being ane ordinary passadge to and from the toune of Dundie and Eliot, and parishins of Migle, Eliot, Newtyll Glenlaw, Strathairlie and severall others The want of which way hitherto stops Comerce among all these places, and has occasioned the Loss of many persones yearly being drowned ther And like wayes very prejudiciall to ther majesties forces who pass that way betwixt the said toune of Dundie and the North, and must be made thorow the Said Myre upon the March betwixt Kirkhill and Cairne in the Comuntie of Migle, And seing the said stipends of Migle Benochie and Kinloch are now vacant for the year Jaj vjc nyntie thrie and undisposed upon and are at the Disposall of the saids Lords and the Lords of thesaurie and Cannot be better applyed to such a necessary pious use within the parish, And Because these Stipends will not be Suficient for all the works It were Convenient that ther were a voluntar Contribution of the touns of Dundie and Eliot and parochins of Migle, Eliot, Newtyll, Glenlaw, Strathairlie and others abovementioned as being all concerned in it and being most willing to Contribut for the samen And that the said stipends and soumes of money to be Collected as said is, may be rightly applied to the said use and no part therof Imbazled for any privat use, It is necessar that the uplifting ingathering and disponeing therof for the said use be Comitted etc intrusted to some particular persone upon suficiant Caution for the manadging therof, And that all concerned are desyreous that the said trust may be Committed to Thomas Nairn of Kirkhill one of the principall heritors of the said parish of Migle, And Therfore Humbly Craveing the saids Lords to Grant a gift of the said years vaccand stipends for the use abovewritten and a warrand for the said voluntar Contributione for the same use with the saids Lords approbatione therof to the Lords of thesaurie for the stipends above mentioned, and that the saids Lords would Committ the trust and manadgment of both for the said use a forsaid unto the said Thomas Nairn of Kirkhill upon his finding suficient Caution as said is as the said petition bears. The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above Thomas Nairne for himself and in name and behalf of the rest of the heritors of Meigle They heirby allow a voluntar Collectione to be made at the Church doors of all the parishes within the Shyre of Angus and within the bounds of Gowrie and the Carss therof and the toune of Pearth for makeing a high way which may be passable in winter throw the myres of the parishin of Meigle upon Sabbath the nynth day of march Jaj vjc nyntie six nixt to come and appoints the saids Collectiones to be payed in to the above Thomas Nairne In Respect he hes given bond and found suficient Caution acted in the books of privy Councill that the Collectiones to be delivered in to him shall be applyed to the use forsaid And Recomends to the ministers of the severall parishes within the respective bounds forsaids to make intimatione publictly from their pulpits of this act upon the sabbath day Immediatly preceiding the day above appointed for makeing the saids Collections.

1. NRS, PC2/24, 368v-369r.

1. NRS, PC2/24, 368v-369r.

Act, 13 March 1694, Edinburgh

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Edinburgh the threteinth day of March Jaj vjc nyntie four years

D1694/3/181

Act

Act The heritors of Badenoche

Anent a Petition given in to the Lords of their Majesties privy Councill be Duncan Mcphersone of Clunie, Lauchlan Mcintosh of Belnespick, Malcome Mcphersone of Breachacher John Mcpherson of Delradie, Thomas Mcphersone of Kilihuntly Alexander Mcphersone of Phonas Murdoch Mcphersone of Eteris, James Mcphersone of Belchreon John Mcphersone of Ardbrylach Paull Mcphersone of Pitchiren Lauchlan Mcphersone of Dellifour for themselves and in name and behalf of the remanent heritors of the Lordship of Badzenoch Shewing That albeit by the seventh act of the fourth session of this Current parliament The Estates of parliament in furder pursuance of ther dutie exprest in the act of parliament Jaj vjc nyntie three Intituled ane humble tender to his sacred majestie of the dutie and Loyaltie of his ancient kingdome of Scotland, Did offer to his majestie a present Levie of two thousand nyne hundred seventie one foot to be Levid from the severall shyres and burghes of this kingdome effeirand to proportiones and numbers sett doune in the forsaid act, And which proportion is therby regulat according to the valued rent of each shyre equally without distinction of Highlands or Lowlands And Albeit by a proclamation dated the twentie two of December last anent the saids new Levies, The Lords of their majesties privy Councill Doe Requyre the Commissioners of Supplie of everie shyre and stewartrie to meet time and places therinspecified with the heritors and to proportion and subdivyde the number and quota of men to be Levied out of ilk Shyre and Stewartrie mentioned in the late act of parliament upon the severall heritors equallie and proportionally, nevertheless the Commissioners of Suplie appointed for Elgine, Nairn and this syde of the Ness have proceided unequally contrare to the act of parliament and the saids Lords proclamatione In so farr as they have proportioned and appointed each Thousand merks within the Lordship of Badzenoch to outreick a man Wheras one thousand pund of valued rent apparteining to the Commissioners themselves and of land Lying about Inverness Elgine and Nairne Towards the seasyde is appointed to outreick a man Wherby it is evident that the petitioners are overburdeined by that generall method in a thrid part more then their equall number, And as a furder evidence of the inequalitie observed by the saids Commissioners They have appointed the Lordship of Badenoch (excepting therfrom the lands pertaineing to the Lairds of Mcintosh and Borluin) to outreik nyne men albeit the reall rent of all thes lands will not exceid Seven thousand merks which demonstrats the inequalitie and by quhich it is manifast that the petitioners and remanent heritors within the Lordships of Badzenoch are over burdeined very farr beyond their Just proportiones And Therfore humbly suplicating to the effect aftermentioned, The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above Duncein Mcpherson and others abovenamed for themselves and in name and behalf of the remanent heritors of the Lordship of Badzenoch, They heirby appoint the Commissioners of Supply within the Shyres of Elgine Nairne and this Syde of Ness againe to meet proceid and retifie what may be amiss in proportioneing the above Levies Upon the petitioners Conforme to the acts of parliament and acts proclamationes and orders of Councill made theranent as they will be answerable at their perrill.

Edinburgh the threteinth day of March Jaj vjc nyntie four years

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Act

Act The heritors of Badenoche

Anent a Petition given in to the Lords of their Majesties privy Councill be Duncan Mcphersone of Clunie, Lauchlan Mcintosh of Belnespick, Malcome Mcphersone of Breachacher John Mcpherson of Delradie, Thomas Mcphersone of Kilihuntly Alexander Mcphersone of Phonas Murdoch Mcphersone of Eteris, James Mcphersone of Belchreon John Mcphersone of Ardbrylach Paull Mcphersone of Pitchiren Lauchlan Mcphersone of Dellifour for themselves and in name and behalf of the remanent heritors of the Lordship of Badzenoch Shewing That albeit by the seventh act of the fourth session of this Current parliament The Estates of parliament in furder pursuance of ther dutie exprest in the act of parliament Jaj vjc nyntie three Intituled ane humble tender to his sacred majestie of the dutie and Loyaltie of his ancient kingdome of Scotland, Did offer to his majestie a present Levie of two thousand nyne hundred seventie one foot to be Levid from the severall shyres and burghes of this kingdome effeirand to proportiones and numbers sett doune in the forsaid act, And which proportion is therby regulat according to the valued rent of each shyre equally without distinction of Highlands or Lowlands And Albeit by a proclamation dated the twentie two of December last anent the saids new Levies, The Lords of their majesties privy Councill Doe Requyre the Commissioners of Supplie of everie shyre and stewartrie to meet time and places therinspecified with the heritors and to proportion and subdivyde the number and quota of men to be Levied out of ilk Shyre and Stewartrie mentioned in the late act of parliament upon the severall heritors equallie and proportionally, nevertheless the Commissioners of Suplie appointed for Elgine, Nairn and this syde of the Ness have proceided unequally contrare to the act of parliament and the saids Lords proclamatione In so farr as they have proportioned and appointed each Thousand merks within the Lordship of Badzenoch to outreick a man Wheras one thousand pund of valued rent apparteining to the Commissioners themselves and of land Lying about Inverness Elgine and Nairne Towards the seasyde is appointed to outreick a man Wherby it is evident that the petitioners are overburdeined by that generall method in a thrid part more then their equall number, And as a furder evidence of the inequalitie observed by the saids Commissioners They have appointed the Lordship of Badenoch (excepting therfrom the lands pertaineing to the Lairds of Mcintosh and Borluin) to outreik nyne men albeit the reall rent of all thes lands will not exceid Seven thousand merks which demonstrats the inequalitie and by quhich it is manifast that the petitioners and remanent heritors within the Lordships of Badzenoch are over burdeined very farr beyond their Just proportiones And Therfore humbly suplicating to the effect aftermentioned, The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above Duncein Mcpherson and others abovenamed for themselves and in name and behalf of the remanent heritors of the Lordship of Badzenoch, They heirby appoint the Commissioners of Supply within the Shyres of Elgine Nairne and this Syde of Ness againe to meet proceid and retifie what may be amiss in proportioneing the above Levies Upon the petitioners Conforme to the acts of parliament and acts proclamationes and orders of Councill made theranent as they will be answerable at their perrill.

1. NRS, PC2/24, 367v-368r.

1. NRS, PC2/24, 367v-368r.

Sederunt, 13 March 1694, Edinburgh

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Edinburgh the threteinth day of March Jaj vjc nyntie four years1

D1694/3/172

Sederunt

Lord Chancelor; Earl of Melvill; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Leven; Earl of Anandale; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Raith; Lord Ross; Lord Beilhaven; Lord Polwarth; Lord Advocat; Lord Fountonhall; Lord Enstruther; Sir Thomas Livingstone

Edinburgh the threteinth day of March Jaj vjc nyntie four years1

D1694/3/172

Sederunt

Lord Chancelor; Earl of Melvill; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Leven; Earl of Anandale; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Raith; Lord Ross; Lord Beilhaven; Lord Polwarth; Lord Advocat; Lord Fountonhall; Lord Enstruther; Sir Thomas Livingstone

1. NRS, PC2/24, 367r.

2. NRS, PC2/24, 367r.

1. NRS, PC2/24, 367r.

2. NRS, PC2/24, 367r.