Tag Archives: March

Act, 9 March 1703, Edinburgh

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Edinburgh the 9th March 1703 Antemeridiem

D1703/3/81

Act

Act Infavours off Mary Wedderburn

Annent The petition given in and presented to the Lords of Her Majesties privie Councill By Mary Wedderburn Laufull Daughter to the Deceast Alexander Wedderburn Minister at Killmarnock Shewing That the petitioner Haveing been at great paines in Collecting seaverall Manuscripts off Her Deceast father upon the Transfiguration off Christ upon the Mount And hes got the same revised by seaverall Ministers who was acquaint with his method off preaching As the preface wrot by Mr George Hamiltoun, and the testificat by Mr Heugh Craig herewith produced Doeth shew, and hes caused put the same to the press in ane Compleit peice off Tuenty Three sermon’s And in regaird others may reprint the same either at home or abroad imported and therby prejudge the petitioner And Therfore creaving to the effect afftermentioned as the said petition bears The Lords off Her Majesties privie Councill Haveing Considered the above petition given into them by the withine Mary Wedderburn Laufull Daughter to the Deceast Mr Alexander Wedderburn Minister at Killmarnock And the samen being read in their presence The saids Lords Doe heirby Grant licence and warrand to the petitioner and her assigneyes For printing seaverall sermons off her said Fathers upon the Transfiguration off Christ upon the Mount And Discharges any other person To print vend sell or import into this Kingdom any of the said sermons Dureing the space of Nyneteen years From the day and date heirof with the petitioner Or her assignyes this warrant or Commission under the pain off seasing upon and forfaulting therof For the use off the petitioner and her assignyes And Furder under the paine off Five hundereth merks to be payed by the Contraveeners to the petitioner and her forsaids besyde the seazure and Forfaulture Forsaid.

Edinburgh the 9th March 1703 Antemeridiem

D1703/3/81

Act

Act Infavours off Mary Wedderburn

Annent The petition given in and presented to the Lords of Her Majesties privie Councill By Mary Wedderburn Laufull Daughter to the Deceast Alexander Wedderburn Minister at Killmarnock Shewing That the petitioner Haveing been at great paines in Collecting seaverall Manuscripts off Her Deceast father upon the Transfiguration off Christ upon the Mount And hes got the same revised by seaverall Ministers who was acquaint with his method off preaching As the preface wrot by Mr George Hamiltoun, and the testificat by Mr Heugh Craig herewith produced Doeth shew, and hes caused put the same to the press in ane Compleit peice off Tuenty Three sermon’s And in regaird others may reprint the same either at home or abroad imported and therby prejudge the petitioner And Therfore creaving to the effect afftermentioned as the said petition bears The Lords off Her Majesties privie Councill Haveing Considered the above petition given into them by the withine Mary Wedderburn Laufull Daughter to the Deceast Mr Alexander Wedderburn Minister at Killmarnock And the samen being read in their presence The saids Lords Doe heirby Grant licence and warrand to the petitioner and her assigneyes For printing seaverall sermons off her said Fathers upon the Transfiguration off Christ upon the Mount And Discharges any other person To print vend sell or import into this Kingdom any of the said sermons Dureing the space of Nyneteen years From the day and date heirof with the petitioner Or her assignyes this warrant or Commission under the pain off seasing upon and forfaulting therof For the use off the petitioner and her assignyes And Furder under the paine off Five hundereth merks to be payed by the Contraveeners to the petitioner and her forsaids besyde the seazure and Forfaulture Forsaid.

1. NRS, PC2/28, 247r.

1. NRS, PC2/28, 247r.

Act, 9 March 1703, Edinburgh

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Edinburgh the 9th March 1703 Antemeridiem

D1703/3/71

Act

Act Infavours off Anna Durhame

Annent The petition given in and presented to the Lords of Her Majesties privie Councill By Anna Durhame spouse to Mr Thomas Black late Minister at Anstruther Wester Shewing That wher It hath pleased God to visit my said Husband with a lamentable distemper and disorder off mynd Soe that since the moneth off January 1700 He hath been neither Sui Compos, nor capable to manadge any affair whatsomever without any hope off Recovery as is testified by the Testificat off the presbitry off the Bounds And Seeing That by reasone off his said incapacity boeth he and the petitioner and his poor Family are brought to extream miserie Because ther is non to uplift any thing Due to the petitioners or to manadge ther bussiness And that it belongs to their Lordships to help in such caices And therfor creaving their Lordships To commiserat their said Condition and to appoint and authorize the petitioner to uplift and dischairge any stipend or debts due to him and to manadge any other off his affaires Sykelyke as he might doe him self whyll off a sound mynd and Judgement and dureing his distempter and untill their Lordships warrand be Discharged As the said petitione beares The Lords of Her Majesties privie Councill Haveing Considered the above petition Given into them by Anna Durhame spouse to Mr Thomas Black lat Minister at Enstruther, wester With ane Declaratione under the hands off the Moderator2 and presbitry Clerk off St Andrews, annent the said Mr Thomas Black his lamentable distemper and Disorder off mynd And the samen being read in their presence The saids Lords Doe heirby appoint and authorize the petitioner to uplift and Dischairge any Stipends or debts due to her said Husband and to manadge the samen and any other off his affaires For the use off the Familly allwayes without Imbazlement Sykelyke as iff the said Mr Thomas Black might have done himselfe and that dureing his distemper and ay and whyll he be off a Sound mind and Judgement And Declaires that the petitioners Recipts and Dischairges shall be Sufficient to the receavers therof She allwayes befoir Extracting hereof, Finding sufficient Caution acted in the books off privie Councill That she shall not imbazle or Mismanadge any pairt off her Husbands Estate But that she shall usefully apply and Imploy the same For the benefit and advantage off her said Husband and his family and be comptable therfor accordingly.

Edinburgh the 9th March 1703 Antemeridiem

D1703/3/71

Act

Act Infavours off Anna Durhame

Annent The petition given in and presented to the Lords of Her Majesties privie Councill By Anna Durhame spouse to Mr Thomas Black late Minister at Anstruther Wester Shewing That wher It hath pleased God to visit my said Husband with a lamentable distemper and disorder off mynd Soe that since the moneth off January 1700 He hath been neither Sui Compos, nor capable to manadge any affair whatsomever without any hope off Recovery as is testified by the Testificat off the presbitry off the Bounds And Seeing That by reasone off his said incapacity boeth he and the petitioner and his poor Family are brought to extream miserie Because ther is non to uplift any thing Due to the petitioners or to manadge ther bussiness And that it belongs to their Lordships to help in such caices And therfor creaving their Lordships To commiserat their said Condition and to appoint and authorize the petitioner to uplift and dischairge any stipend or debts due to him and to manadge any other off his affaires Sykelyke as he might doe him self whyll off a sound mynd and Judgement and dureing his distempter and untill their Lordships warrand be Discharged As the said petitione beares The Lords of Her Majesties privie Councill Haveing Considered the above petition Given into them by Anna Durhame spouse to Mr Thomas Black lat Minister at Enstruther, wester With ane Declaratione under the hands off the Moderator2 and presbitry Clerk off St Andrews, annent the said Mr Thomas Black his lamentable distemper and Disorder off mynd And the samen being read in their presence The saids Lords Doe heirby appoint and authorize the petitioner to uplift and Dischairge any Stipends or debts due to her said Husband and to manadge the samen and any other off his affaires For the use off the Familly allwayes without Imbazlement Sykelyke as iff the said Mr Thomas Black might have done himselfe and that dureing his distemper and ay and whyll he be off a Sound mind and Judgement And Declaires that the petitioners Recipts and Dischairges shall be Sufficient to the receavers therof She allwayes befoir Extracting hereof, Finding sufficient Caution acted in the books off privie Councill That she shall not imbazle or Mismanadge any pairt off her Husbands Estate But that she shall usefully apply and Imploy the same For the benefit and advantage off her said Husband and his family and be comptable therfor accordingly.

1. NRS, PC2/28, 246v-247r.

2. The letters ‘ast’ scored out here.

1. NRS, PC2/28, 246v-247r.

2. The letters ‘ast’ scored out here.

Act, 9 March 1703, Edinburgh

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Edinburgh the 9th March 1703 Antemeridiem

D1703/3/61

Act

Act Infavours off Jannet Irving etc

Annent The petition given in and presented to the Lords of Her Majesties privie Councill By Jannet Irving relict of the Deceast Alexander Maxwell of Fraughty For her self and in name and behalfe off William Alexander, Harbert, Charles, Lucie, Rachell, Mary, and Winfred, Maxwells Children procreat Betuixt the petitioner and the said Alexander Macwell Shewing That the petitioner who was Second wyfe to the said Alexander Maxwell was provyded to ane Lyferent annuity off five hundereth merks per annum To be taken out off the readiest off his rents And my saids Children being eight in number wer provyded to Sex Thousand merks amongest them all And for Security therof wer infeft in ane annualrent corresponding therto upon their said deceast feathers Bond off provisione granted in implement and security of ane obleidgement Contained in the Contract of Marriadge betuixt the petitioner and the Defunct upon which rights The petitioner and her said Children raised proces off poinding of the ground befoir the Lords of Session Againest the Tennents and possessors off his Lands And againest […] Maxwell her husbands eldest son off his first marriadge and his appearand heir For his intrest Wherin he hath heitherto delayed me by many Sinistrous methods and particularly by causeing make Compeirance againest me and produce Interests in the name off Creditors upon the said Estate which wer either payed off, and accquyred by my husband and Consequently belonged to the petitioner One Instance off his Fraudulent dealling with me in this caice is That he had taken out amongest his fathers writs a Charter and seasine Infavoures of George Maxwell of Carnshalloch and caused creave preferrance Infavours off Carnshalloch, Carnshalloch haveing disowned the same by write under his hand, Then he caused make appearance in the name off Elizabeth Maxwell Lady Urr and offerred to prove by the petitioners oath That she had peapers in her hands, wherby Carnsalloch Convoyed the said right Infavours off the Lady Urr But she haveing by this tyme recovered Carnsellochs right Infavours off her husband who was author to the petitioner He fell upon anew Stratagem in the close of the Session and produces aright Infavours off the deceast Homer Maxwell off Kilhean posterior to the petitioners To which and all other pretended intrests produced by him We are prefferred by the Lord Fountanhall ordinary in the Cause And by their disingenious methods They have ruined Her a poor widdow by Expensses and delayed my Decreit Haveing (affter all shiffts Failled) Taken a day to produce the Tennents to Depone as will appear by the Minuts off proces herewith produced Soe that the petitioner and her Eight Fatherless Children Who have been destitute of all means off Substance since the death off her husband which was in harvest 1701 Except possession off the Lands off Teraughty which is but worth Tuo hundereth merks by years as appears by the Tack produced are reduced to very great straits and will not be able to subsist unless ther Lordships will be pleased to modefie the petitioners ane aliment to be payed by the Tennents off the saids Lands Called in the said proces off poinding the ground Especially seeing her husbands Estate is worth 1200 yearly as will appear by ane Rentall therof herewith produced and very Little or noe Debt upon it But what is due to the petitioners And Therfor Creaving their Lordships To Compassionat the Circumstances off the petitioner a poor widow and her said Eight fatherless Children who are thus delayed off what treaty belongs to the petitioners And seeing all that they have hade to live upon Since her Husbands death Is only the possessione of the Roome off Teraughty which is but worth 200 merks by year wheras there treuly belongs to the petitioners 860 merks yearly and that Her Husbands Estate Is better then 1200 merks off yearly sent That therfor their Lordships may modefie to the petitioners The soume off Eight Hundereth merks To be payed presently For their aliement and present subsistance and such a sume as their Lordships shall think fit, in tyme comeing Dureing the dependance And to Decerne the Tennents called in their poinding off the ground to pay the samen to be allowed in the fore, end off what is due to the petitioners As the said petition bears The Lords off Her Majesties privie Councill Haveing considered the above petition given into them by Jannet Irvine Relict off the deceast Alexander Maxwell off Fraughty For her self and in name and behalfe of William, Alexander, Herbert, Charles, Lucie, Rachell, Mary, and Windfred Maxwells, Children procreat Betuixt her and the said Alexander Maxwell And the samen being read in their presence The saids Lords Doe heirby grant to the petitioner The soume off Three Hundereth merks For the subsistance off herself and her said Eight Children untill the First day of June nixt tocome And that out off Her said Husbands readiest means and Estate And ordaines The said soume off Three Hundereth merks modefied for ane Subsistance as said is To be allowed by the petitioner in the Foirend off what is due to her liferent right upon Her Husbands Estate And ordaines Letters off Horning to be directed hereon againest the Factor or Taxman off the said Estate under the signet off Councill And in caice ther be noe Factor or Generall Taxman off the said Estate The saids Lords Decerns and ordaines The Tennents possessors and Intromitters with the said Estate instantly to make payment off the said soume off Three Hundereth merks money forsaid for ane subsistance to the petitioner and her Eight Children as said is Conforme to their Rents and possessiones To be contained in a list containing their seaverall proportiones To be given in by the said petitioner and subscryved by her to the Clerks off privie Councill And Delcaires the petitioners Dischairge by her selfe alone For the forsaid subsistance off Three Hundereth merks allowed by Her out off the farr end off what shall be found due to Her By her lyferent right as above.

Edinburgh the 9th March 1703 Antemeridiem

D1703/3/61

Act

Act Infavours off Jannet Irving etc

Annent The petition given in and presented to the Lords of Her Majesties privie Councill By Jannet Irving relict of the Deceast Alexander Maxwell of Fraughty For her self and in name and behalfe off William Alexander, Harbert, Charles, Lucie, Rachell, Mary, and Winfred, Maxwells Children procreat Betuixt the petitioner and the said Alexander Macwell Shewing That the petitioner who was Second wyfe to the said Alexander Maxwell was provyded to ane Lyferent annuity off five hundereth merks per annum To be taken out off the readiest off his rents And my saids Children being eight in number wer provyded to Sex Thousand merks amongest them all And for Security therof wer infeft in ane annualrent corresponding therto upon their said deceast feathers Bond off provisione granted in implement and security of ane obleidgement Contained in the Contract of Marriadge betuixt the petitioner and the Defunct upon which rights The petitioner and her said Children raised proces off poinding of the ground befoir the Lords of Session Againest the Tennents and possessors off his Lands And againest […] Maxwell her husbands eldest son off his first marriadge and his appearand heir For his intrest Wherin he hath heitherto delayed me by many Sinistrous methods and particularly by causeing make Compeirance againest me and produce Interests in the name off Creditors upon the said Estate which wer either payed off, and accquyred by my husband and Consequently belonged to the petitioner One Instance off his Fraudulent dealling with me in this caice is That he had taken out amongest his fathers writs a Charter and seasine Infavoures of George Maxwell of Carnshalloch and caused creave preferrance Infavours off Carnshalloch, Carnshalloch haveing disowned the same by write under his hand, Then he caused make appearance in the name off Elizabeth Maxwell Lady Urr and offerred to prove by the petitioners oath That she had peapers in her hands, wherby Carnsalloch Convoyed the said right Infavours off the Lady Urr But she haveing by this tyme recovered Carnsellochs right Infavours off her husband who was author to the petitioner He fell upon anew Stratagem in the close of the Session and produces aright Infavours off the deceast Homer Maxwell off Kilhean posterior to the petitioners To which and all other pretended intrests produced by him We are prefferred by the Lord Fountanhall ordinary in the Cause And by their disingenious methods They have ruined Her a poor widdow by Expensses and delayed my Decreit Haveing (affter all shiffts Failled) Taken a day to produce the Tennents to Depone as will appear by the Minuts off proces herewith produced Soe that the petitioner and her Eight Fatherless Children Who have been destitute of all means off Substance since the death off her husband which was in harvest 1701 Except possession off the Lands off Teraughty which is but worth Tuo hundereth merks by years as appears by the Tack produced are reduced to very great straits and will not be able to subsist unless ther Lordships will be pleased to modefie the petitioners ane aliment to be payed by the Tennents off the saids Lands Called in the said proces off poinding the ground Especially seeing her husbands Estate is worth 1200 yearly as will appear by ane Rentall therof herewith produced and very Little or noe Debt upon it But what is due to the petitioners And Therfor Creaving their Lordships To Compassionat the Circumstances off the petitioner a poor widow and her said Eight fatherless Children who are thus delayed off what treaty belongs to the petitioners And seeing all that they have hade to live upon Since her Husbands death Is only the possessione of the Roome off Teraughty which is but worth 200 merks by year wheras there treuly belongs to the petitioners 860 merks yearly and that Her Husbands Estate Is better then 1200 merks off yearly sent That therfor their Lordships may modefie to the petitioners The soume off Eight Hundereth merks To be payed presently For their aliement and present subsistance and such a sume as their Lordships shall think fit, in tyme comeing Dureing the dependance And to Decerne the Tennents called in their poinding off the ground to pay the samen to be allowed in the fore, end off what is due to the petitioners As the said petition bears The Lords off Her Majesties privie Councill Haveing considered the above petition given into them by Jannet Irvine Relict off the deceast Alexander Maxwell off Fraughty For her self and in name and behalfe of William, Alexander, Herbert, Charles, Lucie, Rachell, Mary, and Windfred Maxwells, Children procreat Betuixt her and the said Alexander Maxwell And the samen being read in their presence The saids Lords Doe heirby grant to the petitioner The soume off Three Hundereth merks For the subsistance off herself and her said Eight Children untill the First day of June nixt tocome And that out off Her said Husbands readiest means and Estate And ordaines The said soume off Three Hundereth merks modefied for ane Subsistance as said is To be allowed by the petitioner in the Foirend off what is due to her liferent right upon Her Husbands Estate And ordaines Letters off Horning to be directed hereon againest the Factor or Taxman off the said Estate under the signet off Councill And in caice ther be noe Factor or Generall Taxman off the said Estate The saids Lords Decerns and ordaines The Tennents possessors and Intromitters with the said Estate instantly to make payment off the said soume off Three Hundereth merks money forsaid for ane subsistance to the petitioner and her Eight Children as said is Conforme to their Rents and possessiones To be contained in a list containing their seaverall proportiones To be given in by the said petitioner and subscryved by her to the Clerks off privie Councill And Delcaires the petitioners Dischairge by her selfe alone For the forsaid subsistance off Three Hundereth merks allowed by Her out off the farr end off what shall be found due to Her By her lyferent right as above.

1. NRS, PC2/28, 245r-246v.

1. NRS, PC2/28, 245r-246v.

Act, 9 March 1703, Edinburgh

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Edinburgh the 9th March 1703 Antemeridiem

D1703/3/51

Act

Act Infavours off Mr Charles Lindsay

Annent The petition given in and presented to the Lords of Her Majesties privie Councill By Master Charles Lindsay Minister off the Gospell with consent off James Petter of Chappell undoubted patron of the paroch Kirk and parochine off Gingle kirk and the rest of the heritors off the said paroch Shewing That the said James Petter By his Gift off the date the Tuenty Nynth off December Last by past Giffted to me ane years vaccant steepend off the said paroch From Whyttsunday 1700 To Whyttsunday 1701 And that for the onerous causes mentioned in the said Gift And albeit the whole Heretors consent therunto as appears by ther Letter herewith produced Yet necessary it is The petitioner have their Lordships approbatione therof That Letters of Horning and others by their Lordships delyverance and warrand may pass upon the said Gift againest the Heritors and others Lyable in payment off the said steepand for payeing therof to the petitioner And Therfor Creaving to the effect aftermentioned as the said petitione bears The Lords of Her Majesties privie Councill Haveing Considered the petitione abovementioned Given into them by the above named Mr Charles Lindsay Minister off the Gospell with Consent off James Petter off Chapell undoubted patron off the paroch Kirk and parochine off Gingle Kirk and the rest of the Heretors of the said paroch And the samen with ane Gift by the said patron and ane Letter under the hands off the Earle off Marchmont and seaverall other heretors off the said paroch Infavours of the petitioner being read The saids Lords Doe heirby Interpose their authority to the said Gift And ordaines Letters off Horning under the signet of Councill To be directed at the petitioners Instance againest the heretors, Lyferenters, woodsetters, and others payble in payment To make payment to the petitioner off one years vaccant Steepend off the said paroch From Whyttsunday 1700 To Whyttsunday 1701, Conforme to ane Decreit of Locality off the samen And in caice ther be noe Decreit of Locality with power to him to persew these lyable in payment For their respective proportiones And that Letters be directed against them under the signet off Councill upon the Forsaid Decreit And Declaires the petitioners Dischairge by himself for the said years steep end to be a sufficient exoneration to the Receavers.

Edinburgh the 9th March 1703 Antemeridiem

D1703/3/51

Act

Act Infavours off Mr Charles Lindsay

Annent The petition given in and presented to the Lords of Her Majesties privie Councill By Master Charles Lindsay Minister off the Gospell with consent off James Petter of Chappell undoubted patron of the paroch Kirk and parochine off Gingle kirk and the rest of the heritors off the said paroch Shewing That the said James Petter By his Gift off the date the Tuenty Nynth off December Last by past Giffted to me ane years vaccant steepend off the said paroch From Whyttsunday 1700 To Whyttsunday 1701 And that for the onerous causes mentioned in the said Gift And albeit the whole Heretors consent therunto as appears by ther Letter herewith produced Yet necessary it is The petitioner have their Lordships approbatione therof That Letters of Horning and others by their Lordships delyverance and warrand may pass upon the said Gift againest the Heritors and others Lyable in payment off the said steepand for payeing therof to the petitioner And Therfor Creaving to the effect aftermentioned as the said petitione bears The Lords of Her Majesties privie Councill Haveing Considered the petitione abovementioned Given into them by the above named Mr Charles Lindsay Minister off the Gospell with Consent off James Petter off Chapell undoubted patron off the paroch Kirk and parochine off Gingle Kirk and the rest of the Heretors of the said paroch And the samen with ane Gift by the said patron and ane Letter under the hands off the Earle off Marchmont and seaverall other heretors off the said paroch Infavours of the petitioner being read The saids Lords Doe heirby Interpose their authority to the said Gift And ordaines Letters off Horning under the signet of Councill To be directed at the petitioners Instance againest the heretors, Lyferenters, woodsetters, and others payble in payment To make payment to the petitioner off one years vaccant Steepend off the said paroch From Whyttsunday 1700 To Whyttsunday 1701, Conforme to ane Decreit of Locality off the samen And in caice ther be noe Decreit of Locality with power to him to persew these lyable in payment For their respective proportiones And that Letters be directed against them under the signet off Councill upon the Forsaid Decreit And Declaires the petitioners Dischairge by himself for the said years steep end to be a sufficient exoneration to the Receavers.

1. NRS, PC2/28, 244v-245r.

1. NRS, PC2/28, 244v-245r.

Sederunt, 9 March 1703, Edinburgh

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Edinburgh the 9th March 1703 Antemeridiem1

D1703/3/42

Sederunt

Lord Chancellour; Earl of Eglingtoun; Earl of Loudoun; Earl of Findlatter; Earl of Forfar; Earl of March; Viscount Tarbat S:; Viscount Rosberry; Lord Haddo; Lord Advocat; Lord Justice Clerk; Lord Aberuchill; Lord Halcraige; Lord Ensteruther; Lord Tillicultry; Mr Fra: Montgomry; Laird of Collingtoune; Laird of Caringtoune; Laird of Carnwath; Laird of Hoptoune

Edinburgh the 9th March 1703 Antemeridiem1

D1703/3/42

Sederunt

Lord Chancellour; Earl of Eglingtoun; Earl of Loudoun; Earl of Findlatter; Earl of Forfar; Earl of March; Viscount Tarbat S:; Viscount Rosberry; Lord Haddo; Lord Advocat; Lord Justice Clerk; Lord Aberuchill; Lord Halcraige; Lord Ensteruther; Lord Tillicultry; Mr Fra: Montgomry; Laird of Collingtoune; Laird of Caringtoune; Laird of Carnwath; Laird of Hoptoune

1. NRS, PC2/28, 244v.

2. NRS, PC2/28, 244v.

1. NRS, PC2/28, 244v.

2. NRS, PC2/28, 244v.

Act, 2 March 1703, Edinburgh

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Edinburgh the 2d March 1703

D1703/3/21

Act

Act Infavours off Nathaniell Gordon of Carletoun

Annent The supplication given into the Lords off Her Majesties privie Councill By Nathaniell Gordon of Carletoun Shewing That upon a Complaint given into their Lordships By Rachell Gordon and other airs of lyne off the Deceas[t] James Gordon off Carletoun againest the Petitioner his air off Tailzie In obediance to ther Lordships sentance The petitioner Did Exhibet in the Clerks hands the whole wrytts and Evidents off and Concerning the Estate off Carltoun which wer in his Custody when the samen have lyen Sequestrat these severall years to the petitioners great loss and prejudice And as their Lordships Act the seventh of March mentiones That the petitioner Haveing affixt Coppies therof upon the wall off the outter roome of privie Councill and upon the door off the Turnpike foot and finding that non Compeired Their Lordships allowed and gave warrand to their Compt books, and other wrytts upone Inventar and receipt off the same He first giveing Bond and Finding Sufficient Caution to return the same againest a Certain day Which Act The petitioner never made use of, But now being served air to the said deceast James Gordon off Carletoun as his Retour herewith produced bears And that the said Rachell Gordon hes severall tymes Renounced all her pretences to the said Estate as ane Adjudication in the petitioners favours herewith produced doeth also testifie And that all others concerned are dead, and that non has or can pretend Eight to the Trunk or Chist wherin these writs are But the petitioners self Beging their Lordships would cause delyver the same to the petitioner And Therfor Creaving Their Lordships To take the premisses to their Consideration how that the petitioner is very much prejudged By the want off the saids writs And to grant warrand to their Lordships Clerks To give up and delyver to the petitioner The Chist, Trunk, or Clockbag wherin the saids Dischairges Receipts, Compt books, and other writs relative to the said James Gordon of Carletoun are And that upon his recipt as their Lordships are in use to doe in such caices As the said supplicatione Bears Which petition being read in2 presence off the saids Lords of Her Majesties privie Councill upon the Fourth day off February last by past They allowed the samen to bee seen and answered Againest Tuesday then nixt Therafter ther was a petition a petition given in and presented to the said Lord3 By way of Answer to the above petition, By George Fulertoune of Dreghorne and Adam Fulertoun wryter to the signet For themselves and in name and behalfe off the other Creditors off the Deceast James Gordon of Carletoun Shewing That a little affter the death off James Gordon off Carletoun upon application made by his airs of lyne to the steuart Deputs off Kirkcudbright, the said James Gordon his writs were by ane Act and ordinance off the said steuart Deputs appointed to be Inventar’d and Sequestrat And yet not withstanding Nathaniell Gordon off Gordistoun Did thereafter at his owen hand goe to the house of Carletoune and unwarrantably carry away the saids writts Wherupon a Complaint being made to the Lords of privie Councill The said Nathaniell was ordained to exhibit and produce the saids wrytts upon oath in the hands of the Clerks of privie Councill and most Justly fyned for his unwarantable away takeing therof The writs Haveing been accordingly Exhibite and Sequestrat in the hands of the Clerks off privie Councill The said Nathaniell Gordon gives in a petition to ther Lordships Narrating that he is now air served and Retoured to the Deceast James Gordon and that his airs of Lyn had seaverall tymes Renounced their pretences to the Estate of Carletoun As ane Adjudication in his favours would testifie And that noe other but himself had or Could pretend any Interest to the saids writs or Trunk, Chist or Clockbagg wher they wer And creaveing the saids writts might be delyvered up to him The petitioners humbly beg leave to represent to her Lordships That the said Nathaniell Gordon’s petition is most groundless and Disingenious Because his Retour is only a Generall Retour as air of Tailzie and the Tailzie not produced And albeit it wer yet the same would give him noe Intrest to any writs but what relates to the Estate mentioned in the Tailzie And as for the Adjuciation in his favours mentioned in his petition Wherby he pretends the heirs of Lyne had Renunced their pretentions to the said Estate The petitioners Can see noe Such Adjucation For the Adjudication produced is not in his favours But in the favours of Mr George Rome writter in Edinburgh And which Adjucatione is also againest the said Nathaniell himself upon his Renuncation to be heir to the said umquhill James Gordon the petitioners Debitor Wherby he Renounces his pretences to the said Estate alse much as the airs of Lyne doe And the petitioners Have Adjudged the said Estate from the heirs of Lyne And he the said George Fullarton Stand (4infeft therin upon a Charter under the great seall Obtained Decreit For mealls and Deuties But have not heitherto been able to attain payment or possessione And it is more the petitioners intrest and the intrest of the other Creditors that the saids be delyvered up to the petitioners and not lodged in the hands of the said Nathaniell Gordon Especially Considering that the debts are now run up to the valow of the Estate And Therfor Creaving to the effect aftermentioned As the said petition by way of answers more Fully bears Which petition with the above petition given in by the said Nathaniell Gordon Being read in presence of the saids Lords off her Majesties privie Councill They Allowed boeth pairtes their Lauiers to be heard in their oun presence upon the grounds contained in ther respective Bill and answers upon Tuesday then nixt Being the Tuenty Thrid of February Last And the saids pairtes being called upon the day and date off thir presents The said Nathaniell Gordon Compeiring personally at the barr with Mr Alexander Fergusson and Master John Ogilvie his Advocats And the saids George and Adam Falertons Compeiring also personally at the barr with Mr John Fergusson their Advocat And boeth the saids pairtes procurators Being fully heard The saids Lords of Her Majesties privie Councill Ordaines The said Chartor Chist off Carletoun sequestrat in the Clerks off Councills hands To be delyvered up to the said Nathaniell Gordon Air of Tailzie off the said Estate Inrespect he hes given bond and found sufficient Caution acted in the books of Her Majesties privy Councill To make the samen furth comeing to any persone concerned conforme to Inventar to made therof.

Edinburgh the 2d March 1703

D1703/3/21

Act

Act Infavours off Nathaniell Gordon of Carletoun

Annent The supplication given into the Lords off Her Majesties privie Councill By Nathaniell Gordon of Carletoun Shewing That upon a Complaint given into their Lordships By Rachell Gordon and other airs of lyne off the Deceas[t] James Gordon off Carletoun againest the Petitioner his air off Tailzie In obediance to ther Lordships sentance The petitioner Did Exhibet in the Clerks hands the whole wrytts and Evidents off and Concerning the Estate off Carltoun which wer in his Custody when the samen have lyen Sequestrat these severall years to the petitioners great loss and prejudice And as their Lordships Act the seventh of March mentiones That the petitioner Haveing affixt Coppies therof upon the wall off the outter roome of privie Councill and upon the door off the Turnpike foot and finding that non Compeired Their Lordships allowed and gave warrand to their Compt books, and other wrytts upone Inventar and receipt off the same He first giveing Bond and Finding Sufficient Caution to return the same againest a Certain day Which Act The petitioner never made use of, But now being served air to the said deceast James Gordon off Carletoun as his Retour herewith produced bears And that the said Rachell Gordon hes severall tymes Renounced all her pretences to the said Estate as ane Adjudication in the petitioners favours herewith produced doeth also testifie And that all others concerned are dead, and that non has or can pretend Eight to the Trunk or Chist wherin these writs are But the petitioners self Beging their Lordships would cause delyver the same to the petitioner And Therfor Creaving Their Lordships To take the premisses to their Consideration how that the petitioner is very much prejudged By the want off the saids writs And to grant warrand to their Lordships Clerks To give up and delyver to the petitioner The Chist, Trunk, or Clockbag wherin the saids Dischairges Receipts, Compt books, and other writs relative to the said James Gordon of Carletoun are And that upon his recipt as their Lordships are in use to doe in such caices As the said supplicatione Bears Which petition being read in2 presence off the saids Lords of Her Majesties privie Councill upon the Fourth day off February last by past They allowed the samen to bee seen and answered Againest Tuesday then nixt Therafter ther was a petition a petition given in and presented to the said Lord3 By way of Answer to the above petition, By George Fulertoune of Dreghorne and Adam Fulertoun wryter to the signet For themselves and in name and behalfe off the other Creditors off the Deceast James Gordon of Carletoun Shewing That a little affter the death off James Gordon off Carletoun upon application made by his airs of lyne to the steuart Deputs off Kirkcudbright, the said James Gordon his writs were by ane Act and ordinance off the said steuart Deputs appointed to be Inventar’d and Sequestrat And yet not withstanding Nathaniell Gordon off Gordistoun Did thereafter at his owen hand goe to the house of Carletoune and unwarrantably carry away the saids writts Wherupon a Complaint being made to the Lords of privie Councill The said Nathaniell was ordained to exhibit and produce the saids wrytts upon oath in the hands of the Clerks of privie Councill and most Justly fyned for his unwarantable away takeing therof The writs Haveing been accordingly Exhibite and Sequestrat in the hands of the Clerks off privie Councill The said Nathaniell Gordon gives in a petition to ther Lordships Narrating that he is now air served and Retoured to the Deceast James Gordon and that his airs of Lyn had seaverall tymes Renounced their pretences to the Estate of Carletoun As ane Adjudication in his favours would testifie And that noe other but himself had or Could pretend any Interest to the saids writs or Trunk, Chist or Clockbagg wher they wer And creaveing the saids writts might be delyvered up to him The petitioners humbly beg leave to represent to her Lordships That the said Nathaniell Gordon’s petition is most groundless and Disingenious Because his Retour is only a Generall Retour as air of Tailzie and the Tailzie not produced And albeit it wer yet the same would give him noe Intrest to any writs but what relates to the Estate mentioned in the Tailzie And as for the Adjuciation in his favours mentioned in his petition Wherby he pretends the heirs of Lyne had Renunced their pretentions to the said Estate The petitioners Can see noe Such Adjucation For the Adjudication produced is not in his favours But in the favours of Mr George Rome writter in Edinburgh And which Adjucatione is also againest the said Nathaniell himself upon his Renuncation to be heir to the said umquhill James Gordon the petitioners Debitor Wherby he Renounces his pretences to the said Estate alse much as the airs of Lyne doe And the petitioners Have Adjudged the said Estate from the heirs of Lyne And he the said George Fullarton Stand (4infeft therin upon a Charter under the great seall Obtained Decreit For mealls and Deuties But have not heitherto been able to attain payment or possessione And it is more the petitioners intrest and the intrest of the other Creditors that the saids be delyvered up to the petitioners and not lodged in the hands of the said Nathaniell Gordon Especially Considering that the debts are now run up to the valow of the Estate And Therfor Creaving to the effect aftermentioned As the said petition by way of answers more Fully bears Which petition with the above petition given in by the said Nathaniell Gordon Being read in presence of the saids Lords off her Majesties privie Councill They Allowed boeth pairtes their Lauiers to be heard in their oun presence upon the grounds contained in ther respective Bill and answers upon Tuesday then nixt Being the Tuenty Thrid of February Last And the saids pairtes being called upon the day and date off thir presents The said Nathaniell Gordon Compeiring personally at the barr with Mr Alexander Fergusson and Master John Ogilvie his Advocats And the saids George and Adam Falertons Compeiring also personally at the barr with Mr John Fergusson their Advocat And boeth the saids pairtes procurators Being fully heard The saids Lords of Her Majesties privie Councill Ordaines The said Chartor Chist off Carletoun sequestrat in the Clerks off Councills hands To be delyvered up to the said Nathaniell Gordon Air of Tailzie off the said Estate Inrespect he hes given bond and found sufficient Caution acted in the books of Her Majesties privy Councill To make the samen furth comeing to any persone concerned conforme to Inventar to made therof.

1. NRS, PC2/28, 242v-244v.

2. The word ‘their’ scored out here.

3. Illegible word scored out here.

4. Closing bracket missing.

1. NRS, PC2/28, 242v-244v.

2. The word ‘their’ scored out here.

3. Illegible word scored out here.

4. Closing bracket missing.

Sederunt, 2 March 1703, Edinburgh

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Edinburgh the 2d March 17031

D1703/3/12

Sederunt

Lord Chancellour; Earl of Eglingtoun; Earl of Loudoun; Earl of Findlatter; Earl of Northesk; Earl of Forfar; Lord Register; Lord Advocat; Lord Justice Clerk; Lord Aberuchill; Lord Halcraig; Lord Rankillor; Lord Phesdo; Mr Fra: Montgomry; Laird of Collingtoune; Laird of Cavers; Laird of Carnwath; Lord Provost of Edinburgh

Edinburgh the 2d March 17031

D1703/3/12

Sederunt

Lord Chancellour; Earl of Eglingtoun; Earl of Loudoun; Earl of Findlatter; Earl of Northesk; Earl of Forfar; Lord Register; Lord Advocat; Lord Justice Clerk; Lord Aberuchill; Lord Halcraig; Lord Rankillor; Lord Phesdo; Mr Fra: Montgomry; Laird of Collingtoune; Laird of Cavers; Laird of Carnwath; Lord Provost of Edinburgh

1. NRS, PC2/28, 242v.

2. NRS, PC2/28, 242v.

1. NRS, PC2/28, 242v.

2. NRS, PC2/28, 242v.