Order, 22 March 1692, Edinburgh

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

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Order

Order anent Mr Simion Couper minister and Drumferling

The Lords of their majesties Privy Councill haveing heard a Petitione given in to them be the Lord Yester and others the heritors and Parishinors of Dumfermling Against The Presbytrie of Dumferling Craveing the saids Lords would be pleased to interpose their authoritie in so great ane exigent and give order that the said Presbytrie of Dumfermling should not preced any farder in the proces at their instance against the2 Mr Simion Couper minister ther3 untill the same should be cognosied and Considered by a lawfully generall assembly to whom they did appeale The saids Lords Doe hereby appoint one of their Clerks to wryt a letter to the moderator and Presbytrie of Dumfermling Desyreing them to send over the morrow to Edinburgh some of their number to attend the Councellors appoynted to conferr with them in the matter therin represented And nominat and Appointed the Lord Viscount of Stair and Sir […] Enstruther of that ilk one of the senators of the Collodge of Justice to Conferr with such of the said Presbytrie as should be sent over to Edinburgh for the effect forsaid And appoynted the Clerks of Councill to transmitt a Copie of the said Petitione to the Presbytrie.

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

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Order

Order anent Mr Simion Couper minister and Drumferling

The Lords of their majesties Privy Councill haveing heard a Petitione given in to them be the Lord Yester and others the heritors and Parishinors of Dumfermling Against The Presbytrie of Dumferling Craveing the saids Lords would be pleased to interpose their authoritie in so great ane exigent and give order that the said Presbytrie of Dumfermling should not preced any farder in the proces at their instance against the2 Mr Simion Couper minister ther3 untill the same should be cognosied and Considered by a lawfully generall assembly to whom they did appeale The saids Lords Doe hereby appoint one of their Clerks to wryt a letter to the moderator and Presbytrie of Dumfermling Desyreing them to send over the morrow to Edinburgh some of their number to attend the Councellors appoynted to conferr with them in the matter therin represented And nominat and Appointed the Lord Viscount of Stair and Sir […] Enstruther of that ilk one of the senators of the Collodge of Justice to Conferr with such of the said Presbytrie as should be sent over to Edinburgh for the effect forsaid And appoynted the Clerks of Councill to transmitt a Copie of the said Petitione to the Presbytrie.

1. NRS, PC2/24, 39r.

2. The word ‘said’ scored out here.

3. The words ‘Couper minister ther’ are an insertion.

1. NRS, PC2/24, 39r.

2. The word ‘said’ scored out here.

3. The words ‘Couper minister ther’ are an insertion.

Act, 22 March 1692, Edinburgh

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

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Act

Act Jariswood Against Brand

The Lords of their majesties Privy Councill haveing Considered a petitione given in to them be the Lord of Jariswood Craveing Warrand to Cite Alexander Brand for cuting the wood of Reidhall and inhibit him to cut any more The ordaine letters to be direct at the Petitioners instance for Citeing the said Alexander Brand to Compeir befor them one Thursday nixt upon twentie four hours warning In Respect he lives within the toune of Edinburgh to answer to the Petitione or any lybell to be raised upon the subject matter therof And in the mean tyme Inhibits and Discharges the said Alexander Brand to cutt doun the growing trees planting and arming about the house and maner place of Reidhall And Grants warrand for citeing witnesses

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

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Act

Act Jariswood Against Brand

The Lords of their majesties Privy Councill haveing Considered a petitione given in to them be the Lord of Jariswood Craveing Warrand to Cite Alexander Brand for cuting the wood of Reidhall and inhibit him to cut any more The ordaine letters to be direct at the Petitioners instance for Citeing the said Alexander Brand to Compeir befor them one Thursday nixt upon twentie four hours warning In Respect he lives within the toune of Edinburgh to answer to the Petitione or any lybell to be raised upon the subject matter therof And in the mean tyme Inhibits and Discharges the said Alexander Brand to cutt doun the growing trees planting and arming about the house and maner place of Reidhall And Grants warrand for citeing witnesses

1. NRS, PC2/24, 38v.

1. NRS, PC2/24, 38v.

Sederunt, 22 March 1692, Edinburgh

Edinburgh the Twentie two 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 Stair; Lord Fountonhall; Lord Hatton; Lord Anstruther; Laird of Grant; Sir Patrick Morray

Edinburgh the Twentie two 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 Stair; Lord Fountonhall; Lord Hatton; Lord Anstruther; Laird of Grant; Sir Patrick Morray

1. NRS, PC2/24, 38v.

2. NRS, PC2/24, 38v.

1. NRS, PC2/24, 38v.

2. NRS, PC2/24, 38v.

Order, 3 March 1692, Edinburgh

Att Edinburgh the Thrid day of March Jaj vjc nyntie two years

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Order

Sist executione on bills of Suspensiones

The Lords sists executione upon all bills of suspension presently Lying in the hands of the Clerks of Council at the instance of and against the persones afternamed untill the said bill be read and aither past be the saids Lords or interloquitor pronunced therin viz bill of sups: Margrat Rosper against the Viscount of Kenmiur, and her Chamberland, Bill of Suspensione Mr Robert Jousie against Mr William Boyd, Bill of Suspensione the heritors of Foveraigne against the Colledge of Aberdein Bill of Suspension Androw Brown of Dolphingtoune against James and Mary Donaldsones, Bill of Suspensione Cuthbertsone against Sir Patrick Murray and allowes the chargers in the mean tyme to see and ansuer such of the saids bills of Suspensione as ther are not ansuers allready given in to.

Att Edinburgh the Thrid day of March Jaj vjc nyntie two years

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Order

Sist executione on bills of Suspensiones

The Lords sists executione upon all bills of suspension presently Lying in the hands of the Clerks of Council at the instance of and against the persones afternamed untill the said bill be read and aither past be the saids Lords or interloquitor pronunced therin viz bill of sups: Margrat Rosper against the Viscount of Kenmiur, and her Chamberland, Bill of Suspensione Mr Robert Jousie against Mr William Boyd, Bill of Suspensione the heritors of Foveraigne against the Colledge of Aberdein Bill of Suspension Androw Brown of Dolphingtoune against James and Mary Donaldsones, Bill of Suspensione Cuthbertsone against Sir Patrick Murray and allowes the chargers in the mean tyme to see and ansuer such of the saids bills of Suspensione as ther are not ansuers allready given in to.

1. NRS, PC2/24, 38v.

1. NRS, PC2/24, 38v.

Decreet, 3 March 1692, Edinburgh

Att Edinburgh the Thrid day of March Jaj vjc nyntie two years

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Decreet

[Bill of Suspension against Mr Robert Skeen]

Bill of Suspensione The heritors of Dunsyre Against Mr Robert Skeen and ansuers be Skeen read, And Refused the suspension and preferred the said Mr Robert Skeen

Att Edinburgh the Thrid day of March Jaj vjc nyntie two years

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Decreet

[Bill of Suspension against Mr Robert Skeen]

Bill of Suspensione The heritors of Dunsyre Against Mr Robert Skeen and ansuers be Skeen read, And Refused the suspension and preferred the said Mr Robert Skeen

1. NRS, PC2/24, 38r.

1. NRS, PC2/24, 38r.

Act, 3 March 1692, Edinburgh

Att Edinburgh the Thrid day of March Jaj vjc nyntie two years

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Act

Act The Countesses of Rothes and Weymes and other heritors of the parishin of Auchterderren

Anent the Complaint raised and persewed before the Lords of their majesties privy Councill at the instance of Margrat Countes of Rothes, Margrat Countes of Weymes and others of the heritors and elders of the parochin of Auchterderran Shewing That quher by the thretie thrid act of the second session of his majesties Current parliament It is statute and Ordained that in caise of the vaccancie of any particular church The heritors and elders of thee parish are to name and Chuise the person who shall be their minister, and in caise of ane debate or Competitione, The presbytrie is to moderat and determine in the Call notwithstanding wherof […] Laird of Balmoutto and […] Laird of Kinnimounth In manifast contempt and Disobedience of the said act of Parliament intend to thrust in upon the Persewars to the paroch Church of Auchterderren one […] Young sometyme minister in Culross without any legall call from the pluralitie of the heritors and elders of the paroch which is necessarly Requyred by act of Parliament, Bot meerly of themselves without Concurrance of the elders that of late have been legally Choisen and constitute In order to the giveing of a Call to a minister, and without Consent of the heritors of the Paroch, or if their be any of those that goes allongst with them they are bot few and inconsiderable, And not only so informall and Illegall is any call given (Raither to be called a violent Imputeing then a Call) Bot the persone to whom the saids two gentlemen pretends to give a Call is altogither incapable of receiveing any seing at present he Lyes under a Sentance of Diprivatione by the saids Lords thir act of Councill for not giveing obedience to the sixteinth act of the estates of this kingdome appoynting publict prayers to be made for their Majesties, Bot the violent actings of the two persones not to be remeeded by the Presbytrie from Which they take no rules are only to be restrained and stop put therto by the saids Lords And Therfore humbly Craveing the saids Lords of Privy Councill by their authoritie to put a stopt to the violent procedur in that call, Bot give order that the same be done orderly according to the present established Lawes with Consent of the petitioners The heritors and elders legally constitute in that parish And that in the mean tyme tyme2 the keyes of the Church might be ordained to be delivered up to the presbytrie (who only can supply the Church dureing the vacancie) and who are to moderat in any call that can be formally given The saids Lord of his majesties privy Councill have by ane act appoynted the above Lairds of Balmonto and Kininmouth to be cited in maner and to the effect aftermentioned And Anent the charge given to the said defenders to have Compeired before the saids Lords of Privy Councill at ane certaine day bygone To have ansuered to the points of the above petition And to have heard and seen such order and Course taken theranent as the saids Lords should think Just as at more leanth is Contained in the forsaid complaint and executiones therof. Which being this day called in presence of the saids Lords of Privy Councill And the persewars Compeiring be James Stewart senior advocat their procurator And David Bosswall of Balmoutto one of the said defenders Compeiring personally with Sir David Thores advocat his procurator And the above […] Kinnimounth of that ilk defender being absent called and not compeiring. The saids letters or Lybel being read And the Earles of Crafurd and Leven who ware Declyned by the defenders In Respect of their relatione by consanguity or affinitie to the pursuars haveing removed and both parties advocats being fully heard They Grant Certificatione against the Laird of Kininmounth for not compeiring And Ordaines letters of Denunciatione to be direct to messengers at armes to pass to the marcat cross of […] And ther in their Majesties name and authoritie Denunce the said […] Kininmounth his majesties Rebell And Ordaine all his moveable goods and geir to be escheat and inbrought to his majesties use for his contemption and Disobedience, And the saids Lords Allowes the pursuars to raise ane additionall Lybell against the defenders and assignes tusday nixt being the Eight instant to be the day of Compeirance in the said Lybell and Continues the dyet til that day.

Att Edinburgh the Thrid day of March Jaj vjc nyntie two years

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Act

Act The Countesses of Rothes and Weymes and other heritors of the parishin of Auchterderren

Anent the Complaint raised and persewed before the Lords of their majesties privy Councill at the instance of Margrat Countes of Rothes, Margrat Countes of Weymes and others of the heritors and elders of the parochin of Auchterderran Shewing That quher by the thretie thrid act of the second session of his majesties Current parliament It is statute and Ordained that in caise of the vaccancie of any particular church The heritors and elders of thee parish are to name and Chuise the person who shall be their minister, and in caise of ane debate or Competitione, The presbytrie is to moderat and determine in the Call notwithstanding wherof […] Laird of Balmoutto and […] Laird of Kinnimounth In manifast contempt and Disobedience of the said act of Parliament intend to thrust in upon the Persewars to the paroch Church of Auchterderren one […] Young sometyme minister in Culross without any legall call from the pluralitie of the heritors and elders of the paroch which is necessarly Requyred by act of Parliament, Bot meerly of themselves without Concurrance of the elders that of late have been legally Choisen and constitute In order to the giveing of a Call to a minister, and without Consent of the heritors of the Paroch, or if their be any of those that goes allongst with them they are bot few and inconsiderable, And not only so informall and Illegall is any call given (Raither to be called a violent Imputeing then a Call) Bot the persone to whom the saids two gentlemen pretends to give a Call is altogither incapable of receiveing any seing at present he Lyes under a Sentance of Diprivatione by the saids Lords thir act of Councill for not giveing obedience to the sixteinth act of the estates of this kingdome appoynting publict prayers to be made for their Majesties, Bot the violent actings of the two persones not to be remeeded by the Presbytrie from Which they take no rules are only to be restrained and stop put therto by the saids Lords And Therfore humbly Craveing the saids Lords of Privy Councill by their authoritie to put a stopt to the violent procedur in that call, Bot give order that the same be done orderly according to the present established Lawes with Consent of the petitioners The heritors and elders legally constitute in that parish And that in the mean tyme tyme2 the keyes of the Church might be ordained to be delivered up to the presbytrie (who only can supply the Church dureing the vacancie) and who are to moderat in any call that can be formally given The saids Lord of his majesties privy Councill have by ane act appoynted the above Lairds of Balmonto and Kininmouth to be cited in maner and to the effect aftermentioned And Anent the charge given to the said defenders to have Compeired before the saids Lords of Privy Councill at ane certaine day bygone To have ansuered to the points of the above petition And to have heard and seen such order and Course taken theranent as the saids Lords should think Just as at more leanth is Contained in the forsaid complaint and executiones therof. Which being this day called in presence of the saids Lords of Privy Councill And the persewars Compeiring be James Stewart senior advocat their procurator And David Bosswall of Balmoutto one of the said defenders Compeiring personally with Sir David Thores advocat his procurator And the above […] Kinnimounth of that ilk defender being absent called and not compeiring. The saids letters or Lybel being read And the Earles of Crafurd and Leven who ware Declyned by the defenders In Respect of their relatione by consanguity or affinitie to the pursuars haveing removed and both parties advocats being fully heard They Grant Certificatione against the Laird of Kininmounth for not compeiring And Ordaines letters of Denunciatione to be direct to messengers at armes to pass to the marcat cross of […] And ther in their Majesties name and authoritie Denunce the said […] Kininmounth his majesties Rebell And Ordaine all his moveable goods and geir to be escheat and inbrought to his majesties use for his contemption and Disobedience, And the saids Lords Allowes the pursuars to raise ane additionall Lybell against the defenders and assignes tusday nixt being the Eight instant to be the day of Compeirance in the said Lybell and Continues the dyet til that day.

1. NRS, PC2/24, 37v-38r.

2. Sic.

1. NRS, PC2/24, 37v-38r.

2. Sic.

Commission by the Council, 3 March 1692, Edinburgh

Att Edinburgh the Thrid day of March Jaj vjc nyntie two years

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Commission by the Council

Commission To Robert 2 Smart3 to be baillie depute of Musleburgh

Anent the Petition given in to the Lord of their majesties Privy Councill be John Lord Hay of Yester for himself and in name and behalf of and as administrator to John William Anna and Jean Hayes his Children and others the Adjudgers of the Lordship and Regalitie of Musleburgh Shewing That wher the saids John William, Anna and Jean Hayes haveing adjudged frae the deceast Charles Earle of Lauderdale, The Lordship and Regalitie of Muslburgh and other lands therin contained, And therupon they being publictly infeft and throw the decease of the said Earle and the absence of the present Earle of Lauderdale who is not yet entered to his father or uncle There being no Baillie legallie authorized to act in that statione within the said Regalitie, The Commission to him who last officiat being expyred throw the Earles decease And this tending much to the disadvantage not only of the petitioners and of the other adjudgers of this Lordships and Regalitie Bot Lykewayes to the prejudice of the haill vassalls and inhabitants within the same they have thought fit therfore to Represent the same to their Lordships To the effect that till the present Earle of Lauderdale by entering air may be in a legall Capacitie to Imput a Baillie within the saids bounds, That their Lordships media Tempore might authorize a fitt and qualified person to exerce the office of Baillie be vertue of a Commission from their Lordships And seing that Robert Smart burges of Musleburgh and one of the present Councellors of that burgh haveing been for severall years intrusted by the late Earle to act as his Baillie depute in that Regallitie and is knowen to be a person suficiently qualified for that effect, The petitioners haveing therfore taken upon them to offer him to their Lordships That if the saids Lords should think fitt, He might be authorized and Impowred to the end forsaid And Therfore humbly Craveing the saids Lords in Consideration of the premisses, And that the said Robert Smart was formerly intrusted by the late Earle And that the petitioners does Consider him as a persone suficiently qualified to exerce in that statione, That therfore their Lordships by their act and deliverance therupon would Impower and authorize the said Robert Smart dureing their pleasure to act as Baillie depute in the said regalitie or untill such tyme as their be one legally Constitut by the Lord of the Regalitie, And In Regaird that my Lord Hatton is one of their oun number, And is Lykewayes the nearest relation of the familly and to the effect that his concourse might be know’n in the said application, That if the saids Lords thought fitt they would Recomend to the said Lord Hatton to take the said Robert Smeith his oath in order to his being qualified by law, to exerce in the said statione as aforsaid as the said Petitione bears The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above Lord Yester They heirby authorize and Impower the above Robert Smart to act and officiat as baillie depute within the Lordship and Regalitie of Muslburgh sicklyke and alse freely in all respects as any baillie depute within any other Lordship or Regalitie in this kingdome Does or may Lawfullie doe and that any and whill this present Commission be recalled be the saids Lords or untill such tyme as ther be a baillie depute legally constitute by the Lord of the regalitie And Recomends to Sir John Lauder of Hatton one of the senators of the Colledge of Justice who is the nearest relatione of the familly of Lauderdale to administer the oath of alledgance to the said Robert Smart, And to heear and see him swear and signe the same, And also to see the said Robert signe the Certificat and assurance to their majesties King William and Queen Mary appointed by act of Parliament. That so he may be qualified to exerce the forsaid office in the termes of law

Att Edinburgh the Thrid day of March Jaj vjc nyntie two years

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Commission by the Council

Commission To Robert 2 Smart3 to be baillie depute of Musleburgh

Anent the Petition given in to the Lord of their majesties Privy Councill be John Lord Hay of Yester for himself and in name and behalf of and as administrator to John William Anna and Jean Hayes his Children and others the Adjudgers of the Lordship and Regalitie of Musleburgh Shewing That wher the saids John William, Anna and Jean Hayes haveing adjudged frae the deceast Charles Earle of Lauderdale, The Lordship and Regalitie of Muslburgh and other lands therin contained, And therupon they being publictly infeft and throw the decease of the said Earle and the absence of the present Earle of Lauderdale who is not yet entered to his father or uncle There being no Baillie legallie authorized to act in that statione within the said Regalitie, The Commission to him who last officiat being expyred throw the Earles decease And this tending much to the disadvantage not only of the petitioners and of the other adjudgers of this Lordships and Regalitie Bot Lykewayes to the prejudice of the haill vassalls and inhabitants within the same they have thought fit therfore to Represent the same to their Lordships To the effect that till the present Earle of Lauderdale by entering air may be in a legall Capacitie to Imput a Baillie within the saids bounds, That their Lordships media Tempore might authorize a fitt and qualified person to exerce the office of Baillie be vertue of a Commission from their Lordships And seing that Robert Smart burges of Musleburgh and one of the present Councellors of that burgh haveing been for severall years intrusted by the late Earle to act as his Baillie depute in that Regallitie and is knowen to be a person suficiently qualified for that effect, The petitioners haveing therfore taken upon them to offer him to their Lordships That if the saids Lords should think fitt, He might be authorized and Impowred to the end forsaid And Therfore humbly Craveing the saids Lords in Consideration of the premisses, And that the said Robert Smart was formerly intrusted by the late Earle And that the petitioners does Consider him as a persone suficiently qualified to exerce in that statione, That therfore their Lordships by their act and deliverance therupon would Impower and authorize the said Robert Smart dureing their pleasure to act as Baillie depute in the said regalitie or untill such tyme as their be one legally Constitut by the Lord of the Regalitie, And In Regaird that my Lord Hatton is one of their oun number, And is Lykewayes the nearest relation of the familly and to the effect that his concourse might be know’n in the said application, That if the saids Lords thought fitt they would Recomend to the said Lord Hatton to take the said Robert Smeith his oath in order to his being qualified by law, to exerce in the said statione as aforsaid as the said Petitione bears The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above Lord Yester They heirby authorize and Impower the above Robert Smart to act and officiat as baillie depute within the Lordship and Regalitie of Muslburgh sicklyke and alse freely in all respects as any baillie depute within any other Lordship or Regalitie in this kingdome Does or may Lawfullie doe and that any and whill this present Commission be recalled be the saids Lords or untill such tyme as ther be a baillie depute legally constitute by the Lord of the regalitie And Recomends to Sir John Lauder of Hatton one of the senators of the Colledge of Justice who is the nearest relatione of the familly of Lauderdale to administer the oath of alledgance to the said Robert Smart, And to heear and see him swear and signe the same, And also to see the said Robert signe the Certificat and assurance to their majesties King William and Queen Mary appointed by act of Parliament. That so he may be qualified to exerce the forsaid office in the termes of law

1. NRS, PC2/24, 36v-37r.

2. The word ‘Stark’ scored out here.

3. Insertion.

1. NRS, PC2/24, 36v-37r.

2. The word ‘Stark’ scored out here.

3. Insertion.

Sederunt, 3 March 1692, Edinburgh

Att Edinburgh the Thrid day of March Jaj vjc nyntie two years1

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Sederunt

Lord Chancelor; Marquis of Douglas; Earl of Crawfurd; Earl of Mortone; Earl of Lothian; Earl of Leven; Viscount Stair; Lord Raith; Lord Ruthven; Lord Polwarth; Master of Burlie; Lord Aberuchell; Lord Fontonhall; Laird of Leyes; Laird of Brodie

Att Edinburgh the Thrid day of March Jaj vjc nyntie two years1

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Sederunt

Lord Chancelor; Marquis of Douglas; Earl of Crawfurd; Earl of Mortone; Earl of Lothian; Earl of Leven; Viscount Stair; Lord Raith; Lord Ruthven; Lord Polwarth; Master of Burlie; Lord Aberuchell; Lord Fontonhall; Laird of Leyes; Laird of Brodie

1. NRS, PC2/24, 36v.

2. NRS, PC2/24, 36v.

1. NRS, PC2/24, 36v.

2. NRS, PC2/24, 36v.

Petition, 1 March 1692, Edinburgh

Edinburgh The first day of March Jaj vjc nyntie two years

D1692/3/71

Petition

[Petition James Melvill of Cassingray]

Petitione be James Melvill of Cassingray Craveing the saids Lords to Ordaine some way wherby the petitioner might be reimbursed of such soumes of money as wes allready actually payed in obedience to the saids Lords of thesaury their recepts upon that fond of the vaccant stipends and that Lykewayes he might be reimbursed of the expences he had been at in useing dilligence against the persones lyable in payment in maner mentioned in the said Petitione for the stipends alreidy gifted by the saids Lords and uplifted ay the Donators And that they would pass ane gener[al] act ordaineing that when ever the saids Lords should think fitt to dispurse upon any vaccand stipend the Clerks of Councill should be Discharged to give any extract therof till the partie produce a declaration from the petitioner that he has satisfied and payed of the charges and expennes he hade been at in extracting Debts and using dilligence a to that stipend to the effect the petitioner might be Re Imbursed and that their majesties might be releived of the samen Which being Considered be the saids Lords of their majesties privy Councill They heirby Recommend to my Lord Polwarth Sir John Lauder of Fountonhall one of the Senators of the Colladge of Justice and Sir Thomas Burnett of Leyes To Consider what soumes of money the petitioner hade allready actually depursed upon the Lords of thesaury their precepts upon the accompt of the above Fond and what expences he has been at in useing dilligence for the stipends allready gifted be the saids Lords and how he shall be reimbursed of the said soumes and expences, and Lykewayes to consider what course is to be taken anent the expenses that shall be depursed by the petitioner upon the vaccant stipends in tyme comeing And Declaires two of the abovenamed persones to be s suficient quorum And Recomends to them to make report heirof to the Lords of Councill.

Edinburgh The first day of March Jaj vjc nyntie two years

D1692/3/71

Petition

[Petition James Melvill of Cassingray]

Petitione be James Melvill of Cassingray Craveing the saids Lords to Ordaine some way wherby the petitioner might be reimbursed of such soumes of money as wes allready actually payed in obedience to the saids Lords of thesaury their recepts upon that fond of the vaccant stipends and that Lykewayes he might be reimbursed of the expences he had been at in useing dilligence against the persones lyable in payment in maner mentioned in the said Petitione for the stipends alreidy gifted by the saids Lords and uplifted ay the Donators And that they would pass ane gener[al] act ordaineing that when ever the saids Lords should think fitt to dispurse upon any vaccand stipend the Clerks of Councill should be Discharged to give any extract therof till the partie produce a declaration from the petitioner that he has satisfied and payed of the charges and expennes he hade been at in extracting Debts and using dilligence a to that stipend to the effect the petitioner might be Re Imbursed and that their majesties might be releived of the samen Which being Considered be the saids Lords of their majesties privy Councill They heirby Recommend to my Lord Polwarth Sir John Lauder of Fountonhall one of the Senators of the Colladge of Justice and Sir Thomas Burnett of Leyes To Consider what soumes of money the petitioner hade allready actually depursed upon the Lords of thesaury their precepts upon the accompt of the above Fond and what expences he has been at in useing dilligence for the stipends allready gifted be the saids Lords and how he shall be reimbursed of the said soumes and expences, and Lykewayes to consider what course is to be taken anent the expenses that shall be depursed by the petitioner upon the vaccant stipends in tyme comeing And Declaires two of the abovenamed persones to be s suficient quorum And Recomends to them to make report heirof to the Lords of Councill.

1. NRS, PC2/24, 36r.

1. NRS, PC2/24, 36r.

Act, 1 March 1692, Edinburgh

Edinburgh The first day of March Jaj vjc nyntie two years

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Act

Act and Committie Barbarra Fowller

Anent a Petitione given in to the Lords of their majesties privy Councill be Barbarra Fouller relict of the deceast Richard Prestone taylor in Edinburgh Shewing That quher in January Jaj vjc Eightie Eight John now master of Stair being then his majesties advocat haveing intented a proces against the deceast Philip Standfield for airt and part of the murder of Sir James his father, and their being two witnesses made use of in the said proces viz James Thomson and Agnes Mark whom the kings advocat thought fitt should be keeped secure, and they being also to witnes against their own parants as accessory to the said murder, They could not be intertained by them and therfore the kings advocat did agree with the petitioner to keep and intertaine the saids two persons in meat, Drink, bedding, and other necessaries at six pence a day for each of them Extending the said soume dureing the space they stayed with the petitioner to Fourscore thrie punds Eight shilling Conforme to ane accompt attested be Mr Hew Dalrymple in name of the Master of Stair his brother therwith produced And seing the petitioner was necessitate to borrow the said Soume at Lambes Jaj vjc Eightie Eight and has ever since payed annualrent for the same, And that in all equitie she ought to be payed of the said soume and annualrents therof sincsyne, And that the saids Lords had granted severall warrands for payment of the good man of the Tolbooths dues and intertainement of prisoners upon the Chamberland of Sir James Standfeilds estate, And Therfore Humbly Craveing the saids Lords to grant warrand and Ordaine the present Chamberland of the estate To make payment to the petitioner of the said soume of Fourscore thrie punds Eight shilling depursed for aliementing of the saids two witnesses and of the annualrents therof since Lambes Jaj vjc Eightie Eight the petitioner being now Distressed for payment of the said soumes and in a very poor condition as the petition bears The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above Barbara Fowller with the accompt attested be Mr Hew Dalrymple mentioned therin, And produced therwith, They approve of the said accompt and Decerne and Ordaine Alexander Campbell merchant in Edinburgh Chamberland to the estate of Newmylnes to make payment to the petitioner of the above soume of Eightie six punds Eight shilling scots money and of the annualrent therfore since the terme of Lambes Jaj vjc Eightie Eight and in tyme comeing dureing the not payment therof and ordaines the Creditors of the said estate to allow the said soume to the said factor out of the first end of his acompts and ordaines letter of horning to be direct at the petitioners instance against the Chamberland for that effect.

Edinburgh The first day of March Jaj vjc nyntie two years

D1692/3/61

Act

Act and Committie Barbarra Fowller

Anent a Petitione given in to the Lords of their majesties privy Councill be Barbarra Fouller relict of the deceast Richard Prestone taylor in Edinburgh Shewing That quher in January Jaj vjc Eightie Eight John now master of Stair being then his majesties advocat haveing intented a proces against the deceast Philip Standfield for airt and part of the murder of Sir James his father, and their being two witnesses made use of in the said proces viz James Thomson and Agnes Mark whom the kings advocat thought fitt should be keeped secure, and they being also to witnes against their own parants as accessory to the said murder, They could not be intertained by them and therfore the kings advocat did agree with the petitioner to keep and intertaine the saids two persons in meat, Drink, bedding, and other necessaries at six pence a day for each of them Extending the said soume dureing the space they stayed with the petitioner to Fourscore thrie punds Eight shilling Conforme to ane accompt attested be Mr Hew Dalrymple in name of the Master of Stair his brother therwith produced And seing the petitioner was necessitate to borrow the said Soume at Lambes Jaj vjc Eightie Eight and has ever since payed annualrent for the same, And that in all equitie she ought to be payed of the said soume and annualrents therof sincsyne, And that the saids Lords had granted severall warrands for payment of the good man of the Tolbooths dues and intertainement of prisoners upon the Chamberland of Sir James Standfeilds estate, And Therfore Humbly Craveing the saids Lords to grant warrand and Ordaine the present Chamberland of the estate To make payment to the petitioner of the said soume of Fourscore thrie punds Eight shilling depursed for aliementing of the saids two witnesses and of the annualrents therof since Lambes Jaj vjc Eightie Eight the petitioner being now Distressed for payment of the said soumes and in a very poor condition as the petition bears The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above Barbara Fowller with the accompt attested be Mr Hew Dalrymple mentioned therin, And produced therwith, They approve of the said accompt and Decerne and Ordaine Alexander Campbell merchant in Edinburgh Chamberland to the estate of Newmylnes to make payment to the petitioner of the above soume of Eightie six punds Eight shilling scots money and of the annualrent therfore since the terme of Lambes Jaj vjc Eightie Eight and in tyme comeing dureing the not payment therof and ordaines the Creditors of the said estate to allow the said soume to the said factor out of the first end of his acompts and ordaines letter of horning to be direct at the petitioners instance against the Chamberland for that effect.

1. NRS, PC2/24, 35r-35v.

1. NRS, PC2/24, 35r-35v.