Tag Archives: March

Order, 29 March 1692, Edinburgh

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Order

Sist executione The [Earl of] Linlithgow Against Mrs Hay for the stipend of Inschmachan

Forasmuchas The Lords of their majesties privy Councill by their act of the date the twentie nynth day of December Jaj vjc nyntie one years Have allowed to Jean Brown relict of Mr William Hay minister of Holywood the stipend of Inschmachan for the haill cropt and year of god Jaj vjc nyntie, And the Earle of Linlithgow haveing Represented to their Lordships that he is Patron of the said kirk and has not consented to the gift of the said stipend without which their Lordships are not in use to dispose of stipends wherof particular persones are patrones Bot only such as are of their Majesties patronadge, And that he humbly conceived the stipend has been disposed of under the notion of a kirk quherof their majesties are patrones And Therfore Craved the act in Mrs Hayes favors might be recalled The Lords of their majesties privy Councill Doe heirby sist all executione upon the forsaid act against the persones Lyable in payment for the forsaid stipend untill the nynteinth day of Aprill nixt to come to which day the Councill is Adjourned.

Edinburgh the Twentie nynth day of March Jaj vjc nyntie two years

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Order

Sist executione The [Earl of] Linlithgow Against Mrs Hay for the stipend of Inschmachan

Forasmuchas The Lords of their majesties privy Councill by their act of the date the twentie nynth day of December Jaj vjc nyntie one years Have allowed to Jean Brown relict of Mr William Hay minister of Holywood the stipend of Inschmachan for the haill cropt and year of god Jaj vjc nyntie, And the Earle of Linlithgow haveing Represented to their Lordships that he is Patron of the said kirk and has not consented to the gift of the said stipend without which their Lordships are not in use to dispose of stipends wherof particular persones are patrones Bot only such as are of their Majesties patronadge, And that he humbly conceived the stipend has been disposed of under the notion of a kirk quherof their majesties are patrones And Therfore Craved the act in Mrs Hayes favors might be recalled The Lords of their majesties privy Councill Doe heirby sist all executione upon the forsaid act against the persones Lyable in payment for the forsaid stipend untill the nynteinth day of Aprill nixt to come to which day the Councill is Adjourned.

1. NRS, PC2/24, 47r-47v.

1. NRS, PC2/24, 47r-47v.

Procedure: report, 29 March 1692, Edinburgh

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Edinburgh the Twentie nynth day of March Jaj vjc nyntie two years

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Procedure: report

Report of the Comittie The magistrats heritors and elders of Bruntisland Against The Presbytrie of Kirkaldie anent Mr Johnstone

The Viscount of Stair and Lord Enstruther to whom it was Recomended by deliverances of Councill of the twentie two day of March instant upon the petitione given in by the magistrats heritors and elders of the toune and paroch of Bruntisland anent Mr George Johnstone minister of Burntisland, And the presbytrie of Kirkaldie procedure against him, To conferr with such of the said presbyterie as they should send over to Edinburgh for that effect, Reported to the Councill that they hade mett and conferred with the persones sent over by the Presbytrie being of their number, who Declared that the presbytrie was very sensible of the Councills favors in this matter, And Resent the same with much thankfullnes, And Finding that both the persones who pretend Calls to be ministers of Burntisland Doe alledge their Calls are from the pluralitie of the heritors and elders in the said paroch, The persones Commisioned from the Presbytrie have ingadged that the presbytrie shall call both heritors and elders and shall make exact tryall which of the two ministers have the pluralitie to their call, And that the Presbytrie shall returne a true account therof to the Councill And in the mean time that they shall not fill the kirk of Bruntisland untill the presbytrie make returne to the Councill, And the Councills mynd by signified to them And the Comittie Reported that the ministers sent from the Presbytrie Declared the presbytrie has not setled a minister at the said kirk of Bruntisland nor served any edict for setling him.

Edinburgh the Twentie nynth day of March Jaj vjc nyntie two years

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Procedure: report

Report of the Comittie The magistrats heritors and elders of Bruntisland Against The Presbytrie of Kirkaldie anent Mr Johnstone

The Viscount of Stair and Lord Enstruther to whom it was Recomended by deliverances of Councill of the twentie two day of March instant upon the petitione given in by the magistrats heritors and elders of the toune and paroch of Bruntisland anent Mr George Johnstone minister of Burntisland, And the presbytrie of Kirkaldie procedure against him, To conferr with such of the said presbyterie as they should send over to Edinburgh for that effect, Reported to the Councill that they hade mett and conferred with the persones sent over by the Presbytrie being of their number, who Declared that the presbytrie was very sensible of the Councills favors in this matter, And Resent the same with much thankfullnes, And Finding that both the persones who pretend Calls to be ministers of Burntisland Doe alledge their Calls are from the pluralitie of the heritors and elders in the said paroch, The persones Commisioned from the Presbytrie have ingadged that the presbytrie shall call both heritors and elders and shall make exact tryall which of the two ministers have the pluralitie to their call, And that the Presbytrie shall returne a true account therof to the Councill And in the mean time that they shall not fill the kirk of Bruntisland untill the presbytrie make returne to the Councill, And the Councills mynd by signified to them And the Comittie Reported that the ministers sent from the Presbytrie Declared the presbytrie has not setled a minister at the said kirk of Bruntisland nor served any edict for setling him.

1. NRS, PC2/24, 47r.

1. NRS, PC2/24, 47r.

Procedure: report, 29 March 1692, Edinburgh

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Edinburgh the Twentie nynth day of March Jaj vjc nyntie two years

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Procedure: report

Report of the Comittie The Lord Yester and others Against The Presbytery of Dumferling

The Viscount of Stair and Lord Enstruther to whom it was Recomended by Deliverance of the Councill of the twentie two day of march instant upon the Petition given in by the Lord Yester and others anent Mr Simion Couper minister at Dumfermling And the Presbytrie of Dumferling their procedure against the said Mr Simion, To conferr with such of the said Presbytrie as they should send over to Edinburgh for that effect, Reported to the Councill that they hade mett and conferred with the person sent over be the Presbytrie being on of their number who declaired that the presbytrie ware very sensible of the Councills favor in this matter, and did Resent the same with much thankfullness, And that he will represent to the presbytrie the Councills desyres in this matter, And that he would procure a returne from the presbyterie to the Councill And that in the mean tyme the Presbytrie would not proceid untill their returne be made to the Councill, And the Councills mynd be made knowen to them

Edinburgh the Twentie nynth day of March Jaj vjc nyntie two years

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Procedure: report

Report of the Comittie The Lord Yester and others Against The Presbytery of Dumferling

The Viscount of Stair and Lord Enstruther to whom it was Recomended by Deliverance of the Councill of the twentie two day of march instant upon the Petition given in by the Lord Yester and others anent Mr Simion Couper minister at Dumfermling And the Presbytrie of Dumferling their procedure against the said Mr Simion, To conferr with such of the said Presbytrie as they should send over to Edinburgh for that effect, Reported to the Councill that they hade mett and conferred with the person sent over be the Presbytrie being on of their number who declaired that the presbytrie ware very sensible of the Councills favor in this matter, and did Resent the same with much thankfullness, And that he will represent to the presbytrie the Councills desyres in this matter, And that he would procure a returne from the presbyterie to the Councill And that in the mean tyme the Presbytrie would not proceid untill their returne be made to the Councill, And the Councills mynd be made knowen to them

1. NRS, PC2/24, 46v.

1. NRS, PC2/24, 46v.

Decreet, 29 March 1692, Edinburgh

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Edinburgh the Twentie nynth day of March Jaj vjc nyntie two years

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Decreet

Interloquitor Jeriswood Against Brand

The Lybell at the instance of the Laird of Jeriswood against Brand of Babertoune being Called and the pursuar Compeiring be James Stewart senior Advocat, And the defender Compeiring personally with Sir David Thores advocat and both parties procurators being fully heard, The Lords of their Majesties Privy Councill haveing Considered the above Lybell They heirby Discharge the said Alexander Brand defender, To cutt doune sell or dispose upon any of the trees planting or pollicie about the house and maner place of Reidhall growing or allready Cutt untill the point of right betwixt the forsaid parties be discust and determined be the Judge ordinary And ordaines the said Alexander Brand to find suficient Caution acted in the books of privy Councill for that effect, under the penaltie of ane Hundred punds Sterling and upon finding Cautione as said is Repones the defenders against the certificatione prununced in this proces against him And ordaines letters of horning on six dayes to be direct heiron.

Edinburgh the Twentie nynth day of March Jaj vjc nyntie two years

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Decreet

Interloquitor Jeriswood Against Brand

The Lybell at the instance of the Laird of Jeriswood against Brand of Babertoune being Called and the pursuar Compeiring be James Stewart senior Advocat, And the defender Compeiring personally with Sir David Thores advocat and both parties procurators being fully heard, The Lords of their Majesties Privy Councill haveing Considered the above Lybell They heirby Discharge the said Alexander Brand defender, To cutt doune sell or dispose upon any of the trees planting or pollicie about the house and maner place of Reidhall growing or allready Cutt untill the point of right betwixt the forsaid parties be discust and determined be the Judge ordinary And ordaines the said Alexander Brand to find suficient Caution acted in the books of privy Councill for that effect, under the penaltie of ane Hundred punds Sterling and upon finding Cautione as said is Repones the defenders against the certificatione prununced in this proces against him And ordaines letters of horning on six dayes to be direct heiron.

1. NRS, PC2/24, 46v.

1. NRS, PC2/24, 46v.

Procedure: committee formed, 29 March 1692, Edinburgh

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Edinburgh the Twentie nynth day of March Jaj vjc nyntie two years

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Procedure: committee formed

Comittie in the Lybell Lord Jedburgh Against Livt Lauder

The Lybell at the instance of the Lord Jedburgh against Livetenant Lauder being againe called and the pursuar Compeiring by Mr Richard Douglas advocat And the defender Compeiring personally with Mr Robert Bennet advocat and both parties being fully heard. The Lords of their majesties Privy Councill haveing Considered the Lybell They admitt the same to the pursuars probatione and the haill witnesses cited be the pursuar Compeired personaly at the barr and made faith except Adam Richardsone And the saids Lords heirby nominats and appoints Sir Lodovick Grant of that ilk Sir Archibald Murray of Blackbarrony and Sir Patrick Murray of Saltcoats Or any two of them to be a Comittie for examineing of the saids witnesses And Recomends to them to meet to morrow at ten a cloak in the forenoon And Reserves all objectiones against the witnesses to be proponed and discust before the said Commitie.

Edinburgh the Twentie nynth day of March Jaj vjc nyntie two years

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Procedure: committee formed

Comittie in the Lybell Lord Jedburgh Against Livt Lauder

The Lybell at the instance of the Lord Jedburgh against Livetenant Lauder being againe called and the pursuar Compeiring by Mr Richard Douglas advocat And the defender Compeiring personally with Mr Robert Bennet advocat and both parties being fully heard. The Lords of their majesties Privy Councill haveing Considered the Lybell They admitt the same to the pursuars probatione and the haill witnesses cited be the pursuar Compeired personaly at the barr and made faith except Adam Richardsone And the saids Lords heirby nominats and appoints Sir Lodovick Grant of that ilk Sir Archibald Murray of Blackbarrony and Sir Patrick Murray of Saltcoats Or any two of them to be a Comittie for examineing of the saids witnesses And Recomends to them to meet to morrow at ten a cloak in the forenoon And Reserves all objectiones against the witnesses to be proponed and discust before the said Commitie.

1. NRS, PC2/24, 46r.

1. NRS, PC2/24, 46r.

Sederunt, 29 March 1692, Edinburgh

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Edinburgh the Twentie nynth day of March Jaj vjc nyntie two years1

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Sederunt

Lord Chancelor; Marquis of Douglas; Earl of Lothian; Earl of Leven; Viscount Stairs; Lord Fountonhall; Lord Enstrather; Laird of Grant; Laird of Blackbarrony; Sir Patrick Murray

Edinburgh the Twentie nynth day of March Jaj vjc nyntie two years1

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Sederunt

Lord Chancelor; Marquis of Douglas; Earl of Lothian; Earl of Leven; Viscount Stairs; Lord Fountonhall; Lord Enstrather; Laird of Grant; Laird of Blackbarrony; Sir Patrick Murray

1. NRS, PC2/24, 46r.

2. NRS, PC2/24, 46r.

1. NRS, PC2/24, 46r.

2. NRS, PC2/24, 46r.

Act, 24 March 1692, Edinburgh

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Edinburgh the twentie fourth day of March Jaj vjc nyntie two years

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Act

Act Mr Patrick Gordon

Anent a Petition given in to the Lords of their Majesties Privy Councill be Mr Patrick Gordon Professor of Hebrew in the New Collodge of St Androwes Shewing that the petitioner being in the year Jaj vjc Eightie Eight presented by the king as professor of Hebrew and thrid master of the New Collodge of St Androwes to fourtein hundred merks of sallarie (wherof fiftie pund sterling was to be payed yearly out of the exchaquer) hath continued since not only in the faithfull Discharge of his oun office till two moneths after the terme of Lambes Jaj vjc nyntie, Which is the legall and ordinary terme at which the stipends of masters of universities and Collodges have been and are in use to be payed Bot also In Regaird the professor of Divinitie or second Master his place hath allwayes been vaccant, since the petitioners entrie to that Collodge, he hath for the most part supplied the vaccancie, The students of Divinity haveing frequent exegeses and homilies before him yea the principall Doctor Lorimer haveing been valitudinary sometime in Jaj vjc Eightie nyne and most part of Jaj vjc nyntie the wholl charge of that Colladge as in Oversight and instruction of the youth lay intirely upon the petitioner for the space of a wholl year And seing the petitioner dureing the four years of his incumbency hath gott nothing of the fiftie punds sterling yearly out of the Exchequer, and that even the superplus of his sallerie for the year Jaj vjc nyntie is unpayed And Therfore Humbly Craveing the saids Lords That they would not only grant warrand for letters of horning against the persones Lyable in payment of the superplus of his sallerie for the year Jaj vjc nyntie Bot also Recomend the petitioner to the saids Lords of exchequer for the payment of the forsaid fiftie punds Sterling yearly dureing the tyme of his incumbency or in liew therof to allow him the equivolent out of the professor of Divinity his sallerie vaccant the four years bygone, Which vaccansie the petitioner as said is, for the most part Supplied And to order letters of horning to be direct at the petitioners instance against the factor of the said Collodge in whose hands the said vaccand stipends are lying as the said Petition bears The Lords of their Majesties Privy Councill haveing Considered this petition with the answers made therto be the masters of the university and their Clerk with the Report of a Comittie of their oun number They Ordaine Androw Clerk factor for the university of St Androwes To make payment to the said Mr Patrick Gordon of the soume of Two hundred and fiftie merks resting to him of his additionall sallerie for the last half year of his service, And allowes the said Mr Patrick Gordon to Condisend upon any vaccand stipend of their majesties patronadge out of which he may be payed of the soume of ane hundred and tuentie five pund sterling resting to him alledged payable by the Lords of the thesaury for the rest of his bygon salleries and appoynts their majesties solicitor or his assistants to advert what right the said Mr Patrick has to the Fiftie punds Sterling yearly alledged payable be the exchequer and to give in their opinion to the Councill whither the said right be suficient or not And ordaines letters of horning on fiftein dayes against the factor.

Edinburgh the twentie fourth day of March Jaj vjc nyntie two years

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Act

Act Mr Patrick Gordon

Anent a Petition given in to the Lords of their Majesties Privy Councill be Mr Patrick Gordon Professor of Hebrew in the New Collodge of St Androwes Shewing that the petitioner being in the year Jaj vjc Eightie Eight presented by the king as professor of Hebrew and thrid master of the New Collodge of St Androwes to fourtein hundred merks of sallarie (wherof fiftie pund sterling was to be payed yearly out of the exchaquer) hath continued since not only in the faithfull Discharge of his oun office till two moneths after the terme of Lambes Jaj vjc nyntie, Which is the legall and ordinary terme at which the stipends of masters of universities and Collodges have been and are in use to be payed Bot also In Regaird the professor of Divinitie or second Master his place hath allwayes been vaccant, since the petitioners entrie to that Collodge, he hath for the most part supplied the vaccancie, The students of Divinity haveing frequent exegeses and homilies before him yea the principall Doctor Lorimer haveing been valitudinary sometime in Jaj vjc Eightie nyne and most part of Jaj vjc nyntie the wholl charge of that Colladge as in Oversight and instruction of the youth lay intirely upon the petitioner for the space of a wholl year And seing the petitioner dureing the four years of his incumbency hath gott nothing of the fiftie punds sterling yearly out of the Exchequer, and that even the superplus of his sallerie for the year Jaj vjc nyntie is unpayed And Therfore Humbly Craveing the saids Lords That they would not only grant warrand for letters of horning against the persones Lyable in payment of the superplus of his sallerie for the year Jaj vjc nyntie Bot also Recomend the petitioner to the saids Lords of exchequer for the payment of the forsaid fiftie punds Sterling yearly dureing the tyme of his incumbency or in liew therof to allow him the equivolent out of the professor of Divinity his sallerie vaccant the four years bygone, Which vaccansie the petitioner as said is, for the most part Supplied And to order letters of horning to be direct at the petitioners instance against the factor of the said Collodge in whose hands the said vaccand stipends are lying as the said Petition bears The Lords of their Majesties Privy Councill haveing Considered this petition with the answers made therto be the masters of the university and their Clerk with the Report of a Comittie of their oun number They Ordaine Androw Clerk factor for the university of St Androwes To make payment to the said Mr Patrick Gordon of the soume of Two hundred and fiftie merks resting to him of his additionall sallerie for the last half year of his service, And allowes the said Mr Patrick Gordon to Condisend upon any vaccand stipend of their majesties patronadge out of which he may be payed of the soume of ane hundred and tuentie five pund sterling resting to him alledged payable by the Lords of the thesaury for the rest of his bygon salleries and appoynts their majesties solicitor or his assistants to advert what right the said Mr Patrick has to the Fiftie punds Sterling yearly alledged payable be the exchequer and to give in their opinion to the Councill whither the said right be suficient or not And ordaines letters of horning on fiftein dayes against the factor.

1. NRS, PC2/24, 45r-46r.

1. NRS, PC2/24, 45r-46r.

Decreet, 24 March 1692, Edinburgh

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Edinburgh the twentie fourth day of March Jaj vjc nyntie two years

D1692/3/281

Decreet

Decreit Rasper Against Viscount of Kenmuir

Anent the bill of Suspensione given in and presented to the Lords of their majesties privy Councill be Alexander Viscount of Kenmuir and William Gordon his Servant Shewing That quher the petitioners are Charged at the instance of Margrat Rasper relict of the deceast John Chambers of Knockman and Mary Corbie her daughter To Compeir before the saids Lords upon the tenth day of september last by past to have ansuered to the gronds of a Complaint raised at their instance against the petitioners for alledged wrongeous ejecting of her out of the lands of Knockman and spulzieing and a way takeing of goods and geir And Comitting of severall other deeds and acts of Ryot in maner particularly mentioned in the said Lybell, Which being called be the saids Lords wpon the thrid day of november last by past The saids Lords by their interloquitor of that date In Respect of the petitioners absence granted certificatione against them and ordained letters of Denunciation to be direct against the petitioners Commanding messengers at arms to Denunce the petitioners their majesties rebells And put them to their highnes horne and ordaines all their moveable goods and geir to be escheat and in brought to their majesties use for their contemptione and Disobedience and accordingly the saids Margrat Rasper and2 Mary Corsbie haveing (as the petitioners is informed) Denunced the petitioners rebells and registrated them to the horn most wrongeously and unjustly Considering It is of veritie that the day and Dyet of appearance haveing been the tenth of september as said is It is evident by the Coppie of the letters under Hew Donaldsone messenger his hand albeit the Suspenders came into attend and answear to the said Calumnious and malicious charge, yet ther was no Councill keeped that day nor upon any certaine prefixt day, untill the sescion tyme in November Wherby the said suspenders conceaved themselves in Tuto to Repair home and not to compeir till they hade been of new cited, The said dyet of Appearance haveing been aither deserted or discontinued as they hade reason to suppose and it they hade been cited of new, They would have Compeired and alledged Lykas the suspenders now alledge That the said Lybell and complaint against them was most false and Calumnious for what ever the petitioners did in relation to the pretended ejectione and spulzie Complained upon the samen was done authore prextore in the due and ordinary Course of Law, Be vertue of a Decreet of removeing obtained before the Lords of Sessione and letters of ejectione following therupon, And be vertue of Decreets and letters and precepts of poynding which shall be fully made appear to the saids Lords at Discussing heirof, In Respect quherof the forsaid Certificatione against the petitioners ought to be taken of and the saids letters of Denunciatione suspended and the petitioners relaxed And Therfore Humbly Craveing the saids Lords to Grant letters to Comand and charge the saids Margrat Rasper and Mary Corsbie her daughter to have Compeired before the saids Lords at ane certaine day Bring and with them the forsaid letters of Denunciatione To have been seen and Considered be the saids Lords And to have heard and seen the samen suspended and the petitioners relaxed as the said bill bears. The Lords of their majesties Privy Councill Haveing Considered this bill of Suspensione given in to them be the above Viscount of Kenmuir and William Gordon against Margrat Rasper and her daughter and ansuers made therto, Both parties being called and the Viscount Compeiring be Mr Rorie Mckenzie junior advocat And the said Margrat Rasper Compeiring Personally for her self and daughter with James Stewart senior advocat The Lords of their majesties privy Councill Modifies the soume of Two hundred merks to be payed by the Viscount of Kenmuir to the said Margrat Rasper for the expenses and trouble she has allready been at in the above Lybell and upon payment therof Repones the said viscount against the Certification formerly pronunced in the principall Lybell against him and Denuncatione following theron And assignes the first Councill day of June nixt to the said Margrat Rasper and her daughter to insist and the said Viscount and William Gordon To answer in the forsaid Lybell and to the pursuars for adduceing of their witnesses with certificatione etc and ordaines letters of horning to be direct at the instance of the said Margrat Rasper against the said Viscount of Kenmuir one six dayes and others neidfull in forme as effeirs for payment of two hundred merks of expenses.

Edinburgh the twentie fourth day of March Jaj vjc nyntie two years

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Decreet

Decreit Rasper Against Viscount of Kenmuir

Anent the bill of Suspensione given in and presented to the Lords of their majesties privy Councill be Alexander Viscount of Kenmuir and William Gordon his Servant Shewing That quher the petitioners are Charged at the instance of Margrat Rasper relict of the deceast John Chambers of Knockman and Mary Corbie her daughter To Compeir before the saids Lords upon the tenth day of september last by past to have ansuered to the gronds of a Complaint raised at their instance against the petitioners for alledged wrongeous ejecting of her out of the lands of Knockman and spulzieing and a way takeing of goods and geir And Comitting of severall other deeds and acts of Ryot in maner particularly mentioned in the said Lybell, Which being called be the saids Lords wpon the thrid day of november last by past The saids Lords by their interloquitor of that date In Respect of the petitioners absence granted certificatione against them and ordained letters of Denunciation to be direct against the petitioners Commanding messengers at arms to Denunce the petitioners their majesties rebells And put them to their highnes horne and ordaines all their moveable goods and geir to be escheat and in brought to their majesties use for their contemptione and Disobedience and accordingly the saids Margrat Rasper and2 Mary Corsbie haveing (as the petitioners is informed) Denunced the petitioners rebells and registrated them to the horn most wrongeously and unjustly Considering It is of veritie that the day and Dyet of appearance haveing been the tenth of september as said is It is evident by the Coppie of the letters under Hew Donaldsone messenger his hand albeit the Suspenders came into attend and answear to the said Calumnious and malicious charge, yet ther was no Councill keeped that day nor upon any certaine prefixt day, untill the sescion tyme in November Wherby the said suspenders conceaved themselves in Tuto to Repair home and not to compeir till they hade been of new cited, The said dyet of Appearance haveing been aither deserted or discontinued as they hade reason to suppose and it they hade been cited of new, They would have Compeired and alledged Lykas the suspenders now alledge That the said Lybell and complaint against them was most false and Calumnious for what ever the petitioners did in relation to the pretended ejectione and spulzie Complained upon the samen was done authore prextore in the due and ordinary Course of Law, Be vertue of a Decreet of removeing obtained before the Lords of Sessione and letters of ejectione following therupon, And be vertue of Decreets and letters and precepts of poynding which shall be fully made appear to the saids Lords at Discussing heirof, In Respect quherof the forsaid Certificatione against the petitioners ought to be taken of and the saids letters of Denunciatione suspended and the petitioners relaxed And Therfore Humbly Craveing the saids Lords to Grant letters to Comand and charge the saids Margrat Rasper and Mary Corsbie her daughter to have Compeired before the saids Lords at ane certaine day Bring and with them the forsaid letters of Denunciatione To have been seen and Considered be the saids Lords And to have heard and seen the samen suspended and the petitioners relaxed as the said bill bears. The Lords of their majesties Privy Councill Haveing Considered this bill of Suspensione given in to them be the above Viscount of Kenmuir and William Gordon against Margrat Rasper and her daughter and ansuers made therto, Both parties being called and the Viscount Compeiring be Mr Rorie Mckenzie junior advocat And the said Margrat Rasper Compeiring Personally for her self and daughter with James Stewart senior advocat The Lords of their majesties privy Councill Modifies the soume of Two hundred merks to be payed by the Viscount of Kenmuir to the said Margrat Rasper for the expenses and trouble she has allready been at in the above Lybell and upon payment therof Repones the said viscount against the Certification formerly pronunced in the principall Lybell against him and Denuncatione following theron And assignes the first Councill day of June nixt to the said Margrat Rasper and her daughter to insist and the said Viscount and William Gordon To answer in the forsaid Lybell and to the pursuars for adduceing of their witnesses with certificatione etc and ordaines letters of horning to be direct at the instance of the said Margrat Rasper against the said Viscount of Kenmuir one six dayes and others neidfull in forme as effeirs for payment of two hundred merks of expenses.

1. NRS, PC2/24, 44r-45r.

2. The word ‘Margrat’ scored out here.

1. NRS, PC2/24, 44r-45r.

2. The word ‘Margrat’ scored out here.

Decreet, 24 March 1692, Edinburgh

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Edinburgh the twentie fourth day of March Jaj vjc nyntie two years

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Decreet

Certification Javiswood against Brand

The Lybell Jarviswood against Babertoune for cuting the Planting at Reidhall Called and the pursuar Compeiring personally with Sir James Stewart advocat and the defender being called and not compeiring The Lords of their majesties privy Councill Doe heirby Grant certification against the said defender and ordaines letters to be direct to messengers at armes to pass to the marcat cross of […] and their in their majesties name and authoritie Denunce the said Alexander Brand their majesties rebell and put him to their highnes horne and escheat and inbring all his moveaball goods and geir to their majesties use for his contemption and disobedience and Discharges the said Alexander Brand to cutt doune sell or Dispose upon any of the trees planting or policie about the house and maner place of Reidhall growing or allready cutt as he will be ansuerable as his highest perrill. This is afterwards stopped upon the 29 march instant And the proces Lying ther.

Edinburgh the twentie fourth day of March Jaj vjc nyntie two years

D1692/3/271

Decreet

Certification Javiswood against Brand

The Lybell Jarviswood against Babertoune for cuting the Planting at Reidhall Called and the pursuar Compeiring personally with Sir James Stewart advocat and the defender being called and not compeiring The Lords of their majesties privy Councill Doe heirby Grant certification against the said defender and ordaines letters to be direct to messengers at armes to pass to the marcat cross of […] and their in their majesties name and authoritie Denunce the said Alexander Brand their majesties rebell and put him to their highnes horne and escheat and inbring all his moveaball goods and geir to their majesties use for his contemption and disobedience and Discharges the said Alexander Brand to cutt doune sell or Dispose upon any of the trees planting or policie about the house and maner place of Reidhall growing or allready cutt as he will be ansuerable as his highest perrill. This is afterwards stopped upon the 29 march instant And the proces Lying ther.

1. NRS, PC2/24, 44r.

1. NRS, PC2/24, 44r.

Act, 24 March 1692, Edinburgh

Posted on by

Edinburgh the twentie fourth day of March Jaj vjc nyntie two years

D1692/3/261

Act

Act appoynting Midlamylne to be factor to Stenadge estate

Anent a Petition given in to the Lords of their majesties Privy Councill be Sir William Eliot of Stobbs Shewing That quheras Gilbert Eliot of Stenadge brother to the petitioner is at present under such a Distemper and indispositione of mynd and body that he is not only incapable to manage his oun affairs Bot his conditione hath oblidged Dame Magdallen Nicolson his mother and William Eliot his brother german and his tutors and curators for their intrest Sir William Bennet of Grubit, Mr Gilbert Eliot the saids Lords Clerk, Mr Robert Bennet advocat Cousing german to the said Gilbert Eliot of Stenadge and Sir John Pringle of Stitchell his brother in law with the advyce of his phisitians to put him under such custody and keeping as is fitting for the preservatione of his person and recovery of his health, and the said Freinds Considering that it would be necessary in the mean tyme for sitting the said Gilbert Eliot his lands and uplifting his bygone rents and in tyme comeing dureing his indisposition, That a factor should bee authorizes be the saids Lords for that effect with power him to2 Imploy the saids rents for the gentlman his Mantinance as his circumstances shall Requyre and for makeing payment to his Creditors of his Just and lawfully debts and to hold compt for the superplus to himself when it should please god to restore him to health or to such freends as should heirafter be Warranded by law to take in the saids accompts and which factor might have a Sallerie allowed him suitable to his service and paines And Therfore Humbly Craveing the saids Lords would Grant warrand to the petitioner and the said Gilbert Eliot of Stenadge his other freends in Consideration of the premisses to appoint and nominat a factor who might be authorized be the saids Lords to sett the said Gilbert Eliot his lands and uplift his rents and Imploy the same ut supra, The said factor allwayes finding Cautione for that effect and that the saids Lords would modifie a factor a Sallarie or permitt the petitioner or freinds to modifie the samen as the said Petition bears. The Lords of their Majesties Privy Councill Haveing Considered this Petition given in to them be the above Laird of Stobbs They heirby nominat and Appoynt, Robert Eliot of Midlamylne Condescended upon by the petitioner To be factor to the estate and means of the above Gilbert Eliot with power to the said factor, To sett the lands belonging to the said Gilbert at this ensueing terme of Whitsunday and to uplift the bygone rents and annualrents resting to the said Gilbert, And which shall fall due dureing his factorie and to advance and pay out money for the said Gilberts aliement and other expences, and to pay his Just debts, And to doe such other deeds as are necessary for preserving and Imploying of3 the said Gilbert his means and estate and Declaires that this factorie is to continue no longer then the first day of June nixt to come if the said Gilbert shall recover in that space, Other wayes the same is to continue all this current year, Jaj vjc nyntie two, And that in Respect the said4 factor before extracting heirof has found suficient caution acted in the books of Privy Councill that he shall be dilligent and faithfull in the forsaid trust and that he shall make Just compt reckoning and payment of all intromissiones to be had be him be vertue therof to the said Gilbert Eliot or any other persones who shall be suficently authorized to call him to ane accompt for the same.

Edinburgh the twentie fourth day of March Jaj vjc nyntie two years

D1692/3/261

Act

Act appoynting Midlamylne to be factor to Stenadge estate

Anent a Petition given in to the Lords of their majesties Privy Councill be Sir William Eliot of Stobbs Shewing That quheras Gilbert Eliot of Stenadge brother to the petitioner is at present under such a Distemper and indispositione of mynd and body that he is not only incapable to manage his oun affairs Bot his conditione hath oblidged Dame Magdallen Nicolson his mother and William Eliot his brother german and his tutors and curators for their intrest Sir William Bennet of Grubit, Mr Gilbert Eliot the saids Lords Clerk, Mr Robert Bennet advocat Cousing german to the said Gilbert Eliot of Stenadge and Sir John Pringle of Stitchell his brother in law with the advyce of his phisitians to put him under such custody and keeping as is fitting for the preservatione of his person and recovery of his health, and the said Freinds Considering that it would be necessary in the mean tyme for sitting the said Gilbert Eliot his lands and uplifting his bygone rents and in tyme comeing dureing his indisposition, That a factor should bee authorizes be the saids Lords for that effect with power him to2 Imploy the saids rents for the gentlman his Mantinance as his circumstances shall Requyre and for makeing payment to his Creditors of his Just and lawfully debts and to hold compt for the superplus to himself when it should please god to restore him to health or to such freends as should heirafter be Warranded by law to take in the saids accompts and which factor might have a Sallerie allowed him suitable to his service and paines And Therfore Humbly Craveing the saids Lords would Grant warrand to the petitioner and the said Gilbert Eliot of Stenadge his other freends in Consideration of the premisses to appoint and nominat a factor who might be authorized be the saids Lords to sett the said Gilbert Eliot his lands and uplift his rents and Imploy the same ut supra, The said factor allwayes finding Cautione for that effect and that the saids Lords would modifie a factor a Sallarie or permitt the petitioner or freinds to modifie the samen as the said Petition bears. The Lords of their Majesties Privy Councill Haveing Considered this Petition given in to them be the above Laird of Stobbs They heirby nominat and Appoynt, Robert Eliot of Midlamylne Condescended upon by the petitioner To be factor to the estate and means of the above Gilbert Eliot with power to the said factor, To sett the lands belonging to the said Gilbert at this ensueing terme of Whitsunday and to uplift the bygone rents and annualrents resting to the said Gilbert, And which shall fall due dureing his factorie and to advance and pay out money for the said Gilberts aliement and other expences, and to pay his Just debts, And to doe such other deeds as are necessary for preserving and Imploying of3 the said Gilbert his means and estate and Declaires that this factorie is to continue no longer then the first day of June nixt to come if the said Gilbert shall recover in that space, Other wayes the same is to continue all this current year, Jaj vjc nyntie two, And that in Respect the said4 factor before extracting heirof has found suficient caution acted in the books of Privy Councill that he shall be dilligent and faithfull in the forsaid trust and that he shall make Just compt reckoning and payment of all intromissiones to be had be him be vertue therof to the said Gilbert Eliot or any other persones who shall be suficently authorized to call him to ane accompt for the same.

1. NRS, PC2/24, 43r-44r.

2. Insertion.

3. Insertion.

4. Insertion.

1. NRS, PC2/24, 43r-44r.

2. Insertion.

3. Insertion.

4. Insertion.