D1692/3/25
D1692/3/252
Sederunt
Lord Chancelor; Marquis of Douglas; Earl of Lothian; Earl of Leven; Viscount Stair; Lord Cardross; Lord Fontonhall; Lord Enstruther; Sir Patrick Murray
1. NRS, PC2/24, 43r.
2. NRS, PC2/24, 43r.
1. NRS, PC2/24, 43r.
2. NRS, PC2/24, 43r.
D1692/3/24
D1692/3/241
Petition
Petitione be Mr Patrick Gordone professor of Hebrew in the New Collodge of St Androwes Craveing payment of his bygone salleries Read and Recommended to the Lords Raith, Fountonhall, Enstruther and Sir Patrick Murray or any two of them to be a comittie to Consider the petitione and to take tryall of the tyme of the petitioners service and what would be resting to him And to Report to the Councill
1. NRS, PC2/24, 43r.
1. NRS, PC2/24, 43r.
D1692/3/23
D1692/3/231
Act
Anent a Petition given in to the Lords of their Majesties Privy Councill be Major George Wishart Shewing That quher the petitioner being posted in the shyre of Ross with the Comand of the Lord Strathnavers regiment to which he was major in the latter end of the year Jaj vjc nyntie, And at that tyme receiveing no pay nor subsistance for the said Regiment, And being unwilling to molest or opress the countrey for quarters He did agree for and receive from the heritors of the said shyre one Hundred bolls of oat meall therby for the use of the said regiment, and gave his obligationes and recepts for the same, In which it is particullarly mentioned that the said meall was furnished for the use of the said Regiment And albeit by the saids Lords severall proclamationes have ordained that all such accompts and instructiones for provosions furnished to the forces should be given in to the saids Lords that satisfaction might be made of the same with certificatione if any faillied that such debts should be reckoned as satisfied, yet some of the saids heritors doe continue to trouble and mollest the petitioner and pursue him for payment of the said meall, And In Regaird the saids Lords has received no payment as yet of any part of his arreirs ther being above Eight hundred punds sterling due to him besydes the arreirs due to him for his present company And that by the accompts given in of the debts due by the forces to the Countrey It appeared that any thing the said Regiments are due wher they lay in quarters tho they all received equall pay and subsistance The petitioner and the rest of the officers of the said Regiment haveing allwayes taken great care to have the said Regiment subsisted on their oun privat credit that the said countrey might not be burdeined therwith And Therefore humbly Craveing the saids Lords to order payment to the saids heritors of the shyre of Ross or to their Chamberlands or tennants from whom the said meall was received of the soume of six hundred punds scots being the pryce quhich was agreed for the said hundred bolls of meall Conforme to the severall proclamationes Issued out by the saids Lords for satisfieing such debs which shall be allowed off the said Regiments arreirs, or at least untill the accompts and instructiones for the said meall be considered and payed The saids Lords would in the mean tyme Discharge any legall procedur or dilligence against the petitioner for the pryce of the said meall or any part therof at the instance of the forsaids persones or any haveing right from them, And to Recomend to the Lords of sessione in caice of any charges given to the petitioner for the pryce of the said meall to pass Suspensione in the petitioners favors without Cautione or Consignatione as the petitione bears The Lords of their Majesties privy Councill Haveing Considered this Petition given in to them be the above Major Wishart, They heirby Recommend to the Lords of Councill and session to pass suspensiones in favors of the petitioner of any charges given or to be given to him for payment of the pryve of the meal furnished to the Lord Strathnavers regiment in maner abovementioned, And that without Cautione or Consignation;
1. NRS, PC2/24, 42r-42v.
1. NRS, PC2/24, 42r-42v.
D1692/3/22
D1692/3/221
Warrant
The Lybell at the Instance of the Lord Jedburgh against Livetenant Lauder being Called and the pursuar Compeiring be Mr Richard Douglas advocat And the defender Compeiring personally and the witnesses cited in this matter contained in the executione being Called and non of them haveing Compeired The Lords of privy Councill Ordaines letters of farder dilligence by Caption to be direct at the instance of the pursuar against the saids Witnesses cited called and not Compeiring and assignes Tusday nixt the twentie nynth day of march instant to the pursuar for executing the said Captione Against the witnesses And ordained the defender to attend the Councill that day and also the pursuar advocat
1. NRS, PC2/24, 42r.
1. NRS, PC2/24, 42r.
D1692/3/21
D1692/3/211
Act
Anent a Petitione given in to the Lords of their majesties privy Councill be Jannet Moffat indwaller in Edinburgh Shewing That quher the petitioner upon her being summarly conveened befor the saids Lords for her medling with certaine goods belonging to the deceast Mrs Runcheman her aunt The petitioner was Imprisoned for some tyme, Bot afterwards was ordained to be set at libertie upon her granting bond and finding Cautione to appear before the saids Lords and answer to the interragors to be given in against her be William Simpsone one of the nearest of kine to the said defunct, and the petitioner haveing accordingly Found William Porteous merchant in Edinburgh Cautioner for her Compeirance as above under the penalty of two Hundreth merks scots Which Cautioner is now a whill agoe dead, And the petitioner haveing long since Compeired in the termes of the bond And Satisfied the Same by deponeing upon her intromissiones and giveing up the same to the Clerks of Councell who be vertue of the saids Lords warrand has made the Samen furthcomeing to the parties haveing intrest Which the saids Clerks will not deny And the petitioner haveing Satisfied the bonds as aforsaid, and it being most reasonable that she gett up the same Especially Considering that esto the petitioner hade not satisfied the same and obeyed the saids Lords in the termes therof as she had done, and which the Clerks would affirme yet the Cautioner is dead, and his Representationes doe daily trouble the petitioner till she gett up the same And Therfore Humbly supplicating the saids Lords to the effect aftermentioned The Lords of their majesties privy Councill haveing Considered this Petition given in to them be the above Jannatt Moffatt They heirby give order and warrand to the Clerks of Privy Councill to deliver up to the petitioner the above bond of Cautione.
1. NRS, PC2/24, 41v-42r.
1. NRS, PC2/24, 41v-42r.
D1692/3/20
D1692/3/201
Act
Anent a Petition given in to the Lords of their Majesties privy Councill be Samuell Kirkpatrick servitor to the Countes of Roxburgh Shewing That quher the deceast Issobell Moffat relict of Patrick Runchemen ventner in Edinburgh Did gift to the petitioner ane Silver watch about thrie moneths before her decease and hade the same still in his possession till after her decease that her executors and nearest of kine did apply to the saids Lords about two years agoe and Craved that the petitioner might prove the termes upon Which he received the Watch, And accordingly he has proven be the depositiones of fameous witnesses that the watch was gifted to him in maner forsaid, Notwithstanding quherof the petitioner was so much prevailled upon that he did depositate the watch in the hands of the Lord Carmicheall Which he delivered to Mr Gilbert Eliot Clerk to the Councill, And Which is as yet in his possession And Therfore Humbly Craveing the saids Lords to Consider the premisses And In Regaird the petitioner has proven that the watch was gifted to him in maner abovewritten To Grant warrand to the said Mr Gilbert Eliot to give up the Watch to the petitioner as the petitione bears The Lords of their majesties privy Councill having Considered this petition given in to them be the above Samuell Kirkpatrick with the depositiones of the witnesses mentioned therin and produced therwith They heirby give order and warrand to the Clerks of privy Councill to deliver up to the petitioner the above Watch Consigned in their hands upon the petitioners recept therof.
1. NRS, PC2/24, 41r-41v.
1. NRS, PC2/24, 41r-41v.
D1692/3/19
D1692/3/191
Procedure: remission
The Lords of their Majesties Privy Councill having Considered a Petition given in to them be Doctor Alexander Skeen late provest of the old Collodge of St Androwes with the Report of the Comissar of St Androwes anent the petitioners intromissione with the reall and Casuall rent of the Collodge dureing his incumbencie Craveing the Councill may Consider the accompts instructiones and report They againe Remitt the same to the said Comissar And Ordaines him to proceid and determine therin Conforme to the former warrand and order of Councill as will be ansuerable.
1. NRS, PC2/24, 41r.
1. NRS, PC2/24, 41r.
D1692/3/18
D1692/3/181
Act
Anent The bill of Suspensione given in and presented to the Lords of their majesties privy Councill be Mr Androw Brown of Dolphingstoune Shewing That quher James and2 Marion Donaldsones Childrein to the deceast Mr James Donaldsone late minister of the Gospell at Dolphingstoune have caused charge the petitioner to make payment to them of ane Chalder of victuall with nyntie seven pund thretein shilling four penies out of his lands of Dolphingstoune Lyand within the said parachin four bolls victuall and thretie Eight punds scots out of the lands of Robertoune, six firlotts victuall Fiftein punds six shilling Eight penies Cropt Jaj vjc nyntie one As Lykewayes has caused charge Joseph Licmount of Newholme to make payment to them of Eight bolls victuall and fiftie merks of money as his proportion of the said stipend the said year of god Conforme to ane decreet obtained at the instance of Mr Alexander Livengstone some tyme moderator of the Presbytrie before the Commissioners of parliament for plantatione of kirks and valuation of teinds upon the Eight day of February Jaj vjc fiftie years against the heritors and others as alsoe letters of horning raised theron at the instance of the said Mr James Donaldsone all contained in ane act granted by the saids Lords in favors of the Chargers for cropt and year Jaj vjc nyntie one Which is dated the fifth day of January Jaj vjc nyntie two within a certaine short space nixt after the charge Under the paine of rebellione and puting the Suspender to the horne intending for the suspenders alledged disobedience3 to Denounce him Rebell and put him therto most wrongously and unjustly Considering It is of verity that albeit the forsaid years stipend to which they have a gift was vaccand stipend out of the saids Lords Disposall with Consent of the Patron, yet by the acts of Parliament the vaccand stipends are provyded for the repairationes of the manses in the first place and with the advyce of the Patron to be disposed to other pious uses within the paroch Bot so it is that the manse of Dolphingstoune is altogither ruinous and the Church Lykewayes neither are these chargers indwallers within the said Parish So that their ought to be so much of that stipend allocat for the uses abovementioned Secundo the deceast Mr James Donaldsone father to thir chargers received a free mans as appears by a dispositione and Contract therwith produced so that he and his representatives are oblidged to leave it so at their removeall therfrae, yet the samen is left by him in a most ruinous condition as is abovementioned as he offered to make appear by a visitation of the Presbytrie to be produced at the Discussing heirof so that albeit the saids chargers had not gotten the forsaid years stipend they would be Lyable to repair the said Mans, But now farr4 rather they ought to be Decerned when they have decreit Tertio The saids Chargers has in their hands ane Comission visitatione and Report made by the Presbytrie for adjoyning certaine lands to the said Parroch which they refuse most unjustly to give up, Albeit they be no wayes concerned therin Bot only the succeiding incumbent in the said Paroch upon which Considerationes the said suspenders humbly conceaved that all executione against them ought to be stopt till the premisses be cleared In Respect of all, which the said pretended act or Decreet ought to be Suspended allwayes for obedience the said suspenders was content to find Cautione5 for payment of the said soumes in caice it should be found be the saids Lords that he ought so to doe And Therfor humbly Craveing the saids Lords To Grant warrand for letters to sumond the said chargers to have Compeired before the saids Lords at a certaine day bygone Bring and with them the forsaid Letters and grounds and warrands wherupon the samen proceided and to have heard and seen the samen suspended as the bill bears, The Lords of their majesties privy Councill Haveing Considered this bill and reasones of suspension given in to them be the above Androw Brown of Dolphingtoune They Remit to the Lords of Councill and sessione to Discuss and determine in the above matter The samen being a point of Right.
1. NRS, PC2/24, 39v-40v.
2. Insertion.
3. The prefix ‘dis’ is an insertion.
4. One illegible word scored out here.
5. The word ‘to’ scored out here.
1. NRS, PC2/24, 39v-40v.
2. Insertion.
3. The prefix ‘dis’ is an insertion.
4. One illegible word scored out here.
5. The word ‘to’ scored out here.
D1692/3/17
D1692/3/172
Sederunt
Lord Chancelor; Marquis of Douglas; Earl of Lothian; Earl of Leven; Viscount of Stair;3 Lord Hatton; Lord Fontonhall; Lord Enstruther; Sir Patrick Murray
1. NRS, PC2/24, 39v.
2. NRS, PC2/24, 39v.
3. Sic.
1. NRS, PC2/24, 39v.
2. NRS, PC2/24, 39v.
3. Sic.
D1692/3/16
D1692/3/161
Order
The Lords of their majesties privy Councill haveing heard a Petitione given in to them be the magistrats heritors and elders of the toune and paroch of Burntisland for themselves and in name of the far greater part of the parishoners therof Against the Presbytrie of Kirkaldie and severall others of the parishoners for their offering to thrust in Mr James Inglis upon them contrair to the said2 Lord former interloquitor therin mentioned And Craveing the saids Lords to Discharge the said Presbytrie to Proceid to plant the forsaid Church and to take the case of Mr George Johnstoune their Lawfull minister to their Consideratione And to grant warrand for citing the litle handfull of the rest of the parishioners for their insolence in Calling Mr Inglis as alsoe to take of the former restraint put on Mr Johnstone and to allow him to exercise his ministrie untill the general assembly took Cognisance of this case And that effect to appoint the moderator of the said Presbytry to redeliver the keyes of the saids Church door to the Petitioners The saids Lords Doe heirby Appoint one of their Clerks to writt a letter to the moderator and Presbytrie of Kirkaldie Desyreing them to send over to this place some of their number on Frayday nixt to attend the Councellors appoynted to confer with them in the said matter, And nominats and Appoynts the Lord Viscount of Stair and Sir […] Enstruther of that ilk one of the senators of the Colledge of Justice to Conferr with such of the said presbytrie as shall be sent over to Edinburgh for the effect forsaid And appoynts the Clerks of Councill to transmitt a Copie therof to them
1. NRS, PC2/24, 39r-39v.
2. Insertion.
1. NRS, PC2/24, 39r-39v.
2. Insertion.