Tag Archives: May

Warrant, 28 May 1695, Edinburgh

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Att Hollyruidhouse Tuesday the 28th May 1695

D1695/5/91

Warrant

Warrand to Sir William Douglass

His Majesties high Commissioner and the Lords of his Majesties privy Councill Doe heirby Authorize Collonell Sir William Douglass To raise the number of men following out of the shyres aftermentioned Viz six men out of the shire of Edinburgh, To out of the shyre of Haddingtoune, Thrie men out of the shyre of Berwick, one man out of the shyre of Roxburgh Two men out of the shyre of Wigtoune Two men out of the shyre of Air Fyftein men out of the shyre of Lanerk four men out of the shyre of Pearth Six men out of the shyre of Dumbartone In place of the Like numbers of men2 appointed 3 to have been put out of the respective shyres forsaids in the late Levies which are not put out and that at the sight of the Commissioner of Supply within the said respective shyres The saids Commissioners allwayes Designing to the said Collonell the places out of which to raise the particular men.

Att Hollyruidhouse Tuesday the 28th May 1695

D1695/5/91

Warrant

Warrand to Sir William Douglass

His Majesties high Commissioner and the Lords of his Majesties privy Councill Doe heirby Authorize Collonell Sir William Douglass To raise the number of men following out of the shyres aftermentioned Viz six men out of the shire of Edinburgh, To out of the shyre of Haddingtoune, Thrie men out of the shyre of Berwick, one man out of the shyre of Roxburgh Two men out of the shyre of Wigtoune Two men out of the shyre of Air Fyftein men out of the shyre of Lanerk four men out of the shyre of Pearth Six men out of the shyre of Dumbartone In place of the Like numbers of men2 appointed 3 to have been put out of the respective shyres forsaids in the late Levies which are not put out and that at the sight of the Commissioner of Supply within the said respective shyres The saids Commissioners allwayes Designing to the said Collonell the places out of which to raise the particular men.

1. NRS, PC2/25, 245r-245v.

2. The words ‘of men’ are an insertion.

3. The word ‘In’ scored out here.

1. NRS, PC2/25, 245r-245v.

2. The words ‘of men’ are an insertion.

3. The word ‘In’ scored out here.

Act, 28 May 1695, Edinburgh

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Att Hollyruidhouse Tuesday the 28th May 1695

D1695/5/81

Act

Act The Creditors of Wamphrey

Anent the petition given in to the Lords of his Majesties privy Councill be the Childrein of umquhill James Johnston of Skeens Robert Johnstone of Hiltoune Patrick Johnstone merchant burges of Edinburgh Thomas Hamiltone late baillie ther Robert Johnstone of Straittone and James Naesmith under toune Clerk of Edinburgh and in name of the rest of the Creditors of Wamphrey Shewing That William Johnstone of Wamphrey gave in a bill to ther Lordships lately representing that Mr George Dicksone of Buchtrig manager of his and Ladies law affairs hade trust of his wholl wrytes and particularly of severall blank assinationes to diverse debts affecting the estate of Wamphrey and which Wamphrey himself hade payed as appeared to their Lordships by ane aknowledgment under Mr Dicksones hand, and that he hade notwithstanding refused to delyver them up to Wamphrey with the rest of his papers in order to ane Setlement with his Creditors Which the said Mr George Dicksone has abstracted these many years and therfore Craved ther Lordships assistance that the said Mr George his Cabinats might be sequestrat in the baillies of the abbayes hands in which place they were standing and that they might be inspected and Inventared by one of the Clerks of Councill whom ther Lordships should name and such papers as Wamphrey himself might be put in one of the saids Clerks hands for his oun behoove which ther Lordships most Justly granted In respect that Buchtrig is not only out of his Imploy as advocat But also become bankrupt so that his Creditors might have hade access to the saids blank assignationes to the great detriment to Wamphrey and his Creditors But Such is Wamphreys Levity that he has suferred himself to be Imposed on be Bouchtrig and by his Lady to Condescend without inspectione and for any thing the petitioners knowes to destroy the said blank assignationes or fill up persones names therin and to that effect has been dealling with the baillie of the abbay in whose hands they are now sequestrat by vertue of the said order till inspection be made therof, Which he most Justly refused to Grant And Seing the petitioners Creditors forsaids are all of them nearly concerned to see that the said papers be narowly inspected not only because of the severall Clandastine Conveyances the said Mr Dicksone has made of the estate of Wamphrey so that non of the petitioners can obtaine ane six pence of annualrent or principall these twentie thrie years by past of the Escheat bot alsoe because some of the petitioners has actually adjudged some of the said blank assinationes particularly baillie Thomas Hamiltone and Likewayes seing that the said Mr George Dicksone and Wamphrey refuses the petitioners the Liberty to be present at the said inspectione And Therfore humbly Craveing the saids Lords to adhere to ther former act of sequestratione and to grant warrand to the saids Creditors to be present at the said inspectione and to order that what papers are found in the said Cabinet that may make a discovery of the said Clandistine and fraudelent Conveyances to the petitioners so great damnadge Togither with the said blank assinationes grounds and warrands therof may be Inventared and sequestrat in the hands of the Clerks of privy Councill to be made furthcomeing to the petitioners use and behoove as the petitione bears His Majesties high Commissioner and the Lords of privy Councill having Considered the above petitione given in to them be the above Creditors of Wamphrey They heirby adhear to ther former act of sequestration and Grants Warrand to the saids Creditors to be present at inspecting of the above wrytes, And Ordaines the wrytes in the above Cabinets such of them as may make discovery of the above Clandestine and fraudulent Conveyances Togither with blank assignationes grounds and Warrands therof to be Inventared and sequestrat in the hands of the Clerks of privy Councill To be made furthcomeing for the use of the saids Creditors.

Att Hollyruidhouse Tuesday the 28th May 1695

D1695/5/81

Act

Act The Creditors of Wamphrey

Anent the petition given in to the Lords of his Majesties privy Councill be the Childrein of umquhill James Johnston of Skeens Robert Johnstone of Hiltoune Patrick Johnstone merchant burges of Edinburgh Thomas Hamiltone late baillie ther Robert Johnstone of Straittone and James Naesmith under toune Clerk of Edinburgh and in name of the rest of the Creditors of Wamphrey Shewing That William Johnstone of Wamphrey gave in a bill to ther Lordships lately representing that Mr George Dicksone of Buchtrig manager of his and Ladies law affairs hade trust of his wholl wrytes and particularly of severall blank assinationes to diverse debts affecting the estate of Wamphrey and which Wamphrey himself hade payed as appeared to their Lordships by ane aknowledgment under Mr Dicksones hand, and that he hade notwithstanding refused to delyver them up to Wamphrey with the rest of his papers in order to ane Setlement with his Creditors Which the said Mr George Dicksone has abstracted these many years and therfore Craved ther Lordships assistance that the said Mr George his Cabinats might be sequestrat in the baillies of the abbayes hands in which place they were standing and that they might be inspected and Inventared by one of the Clerks of Councill whom ther Lordships should name and such papers as Wamphrey himself might be put in one of the saids Clerks hands for his oun behoove which ther Lordships most Justly granted In respect that Buchtrig is not only out of his Imploy as advocat But also become bankrupt so that his Creditors might have hade access to the saids blank assignationes to the great detriment to Wamphrey and his Creditors But Such is Wamphreys Levity that he has suferred himself to be Imposed on be Bouchtrig and by his Lady to Condescend without inspectione and for any thing the petitioners knowes to destroy the said blank assignationes or fill up persones names therin and to that effect has been dealling with the baillie of the abbay in whose hands they are now sequestrat by vertue of the said order till inspection be made therof, Which he most Justly refused to Grant And Seing the petitioners Creditors forsaids are all of them nearly concerned to see that the said papers be narowly inspected not only because of the severall Clandastine Conveyances the said Mr Dicksone has made of the estate of Wamphrey so that non of the petitioners can obtaine ane six pence of annualrent or principall these twentie thrie years by past of the Escheat bot alsoe because some of the petitioners has actually adjudged some of the said blank assinationes particularly baillie Thomas Hamiltone and Likewayes seing that the said Mr George Dicksone and Wamphrey refuses the petitioners the Liberty to be present at the said inspectione And Therfore humbly Craveing the saids Lords to adhere to ther former act of sequestratione and to grant warrand to the saids Creditors to be present at the said inspectione and to order that what papers are found in the said Cabinet that may make a discovery of the said Clandistine and fraudelent Conveyances to the petitioners so great damnadge Togither with the said blank assinationes grounds and warrands therof may be Inventared and sequestrat in the hands of the Clerks of privy Councill to be made furthcomeing to the petitioners use and behoove as the petitione bears His Majesties high Commissioner and the Lords of privy Councill having Considered the above petitione given in to them be the above Creditors of Wamphrey They heirby adhear to ther former act of sequestration and Grants Warrand to the saids Creditors to be present at inspecting of the above wrytes, And Ordaines the wrytes in the above Cabinets such of them as may make discovery of the above Clandestine and fraudulent Conveyances Togither with blank assignationes grounds and Warrands therof to be Inventared and sequestrat in the hands of the Clerks of privy Councill To be made furthcomeing for the use of the saids Creditors.

1. NRS, PC2/25, 244r-245r.

1. NRS, PC2/25, 244r-245r.

Act, 28 May 1695, Edinburgh

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Att Hollyruidhouse Tuesday the 28th May 1695

D1695/5/71

Act

Act The Magistrats of Frasersburgh

Anent the petition given in to His Majesties high Commissioner and Lords of privy Councill be John Cheyne and Thomas Mitchell baillies of the burgh of Frazersburgh Shewing That quher it is nottourly knowen That the harbour of the toune of Frazersburgh is of great use to all who trade in the north Countrey the same being the safest port upon the east Ocean betwixt the South and Murray Firths But it being a long time since the said Harbour was built and the Communitie being poor the same is in hazard of ruine the timber work therof being much failled And it is of Generall concerne to all the kingdome But more particularly to the adjacent Countries that the said harbour be repaired, And the paroch of Tyrie being the nixt adjacent paroch and the Church therof vaccant and ther being no pious uses within that Paroch (The Church being repaired allready by the Stipend) It is most Just that a part of the said stipends should be given for repairing of their harbour and the Lord Salton Who is patron of the said Church is willing to give his Consent That they may have ane thousand merks of the said Stipend provyding they find suficient Cautione to Imploy the same for the use a forsaid and that ther Lordships would authorize him for that effect And Therfore humbly Craveing the saids Lords would take the premisses to ther Consideratione and to appoint and authorize the said Lord Saltoune to dispose of ane thousand merks of the said vaccant stipends for reparatione of the said Harbour and to ordaine the Same to be payed in to the petitioners by the heritors and others Lyable in payment and for that effect to Grant letters of horning and other executions needfull the petitioner being willing to find suficient Cautione for the due applicatione in maner above mentioned as the petitione bears His Majesties high Commissioner and the Lords of privy Councill having Considered this petition given in to them be the above John Cheyne and Thomas Mitchell bailies of Frazersburgh with the Lord Saltoune patron of the kirk of Tirey his Consent written upon the end therof They heirby appoint and Authorize the said Lord Saltoune to dispose of ane Thousand merks of the vaccand stipend of Tyrie for reparation of the harbour of Frazersburgh and nominats and appoints Alexander Andersone merchant in Frazersburgh to be factor for uplifting of the said soume of ane Thousand merks scots And Ordaines the heritors lyfrentars Wodsetters titullars tacksmen of teynds tennants and possessors and others Lyable in payment of the said vaccant stipend of Tyrie To make payment to the said factor of the said soume of ane Thousand merks furth of the said vaccand stipend, The said factor first before extracting heirof having given bond and found sufficient Cautione acted in the books of privy Councill That he shall apply he said Soume of ane thousand merks to be Collected be him as said is upon the repairatione of the above Harbour of Frazersburgh and that he shall make furth comeing to the saids Lords of privy Councill of such as they shall appoint the superplus of the said thousand merks if any shall be remaineing after the reparation of the said harbour And Ordaines letters of horning under the Signet of Councill to be direct at the instance of the said factor against the heritor and others forsaids Lyable in payment of the said vaccant stipend upon productione of a decreet of Locallity and incase ther be non Ordaines the heritors and others forsaid to make payment of ther respective proportiones of the said vaccant stipend According as they shall be decerned be the Judge Ordinary.

Att Hollyruidhouse Tuesday the 28th May 1695

D1695/5/71

Act

Act The Magistrats of Frasersburgh

Anent the petition given in to His Majesties high Commissioner and Lords of privy Councill be John Cheyne and Thomas Mitchell baillies of the burgh of Frazersburgh Shewing That quher it is nottourly knowen That the harbour of the toune of Frazersburgh is of great use to all who trade in the north Countrey the same being the safest port upon the east Ocean betwixt the South and Murray Firths But it being a long time since the said Harbour was built and the Communitie being poor the same is in hazard of ruine the timber work therof being much failled And it is of Generall concerne to all the kingdome But more particularly to the adjacent Countries that the said harbour be repaired, And the paroch of Tyrie being the nixt adjacent paroch and the Church therof vaccant and ther being no pious uses within that Paroch (The Church being repaired allready by the Stipend) It is most Just that a part of the said stipends should be given for repairing of their harbour and the Lord Salton Who is patron of the said Church is willing to give his Consent That they may have ane thousand merks of the said Stipend provyding they find suficient Cautione to Imploy the same for the use a forsaid and that ther Lordships would authorize him for that effect And Therfore humbly Craveing the saids Lords would take the premisses to ther Consideratione and to appoint and authorize the said Lord Saltoune to dispose of ane thousand merks of the said vaccant stipends for reparatione of the said Harbour and to ordaine the Same to be payed in to the petitioners by the heritors and others Lyable in payment and for that effect to Grant letters of horning and other executions needfull the petitioner being willing to find suficient Cautione for the due applicatione in maner above mentioned as the petitione bears His Majesties high Commissioner and the Lords of privy Councill having Considered this petition given in to them be the above John Cheyne and Thomas Mitchell bailies of Frazersburgh with the Lord Saltoune patron of the kirk of Tirey his Consent written upon the end therof They heirby appoint and Authorize the said Lord Saltoune to dispose of ane Thousand merks of the vaccand stipend of Tyrie for reparation of the harbour of Frazersburgh and nominats and appoints Alexander Andersone merchant in Frazersburgh to be factor for uplifting of the said soume of ane Thousand merks scots And Ordaines the heritors lyfrentars Wodsetters titullars tacksmen of teynds tennants and possessors and others Lyable in payment of the said vaccant stipend of Tyrie To make payment to the said factor of the said soume of ane Thousand merks furth of the said vaccand stipend, The said factor first before extracting heirof having given bond and found sufficient Cautione acted in the books of privy Councill That he shall apply he said Soume of ane thousand merks to be Collected be him as said is upon the repairatione of the above Harbour of Frazersburgh and that he shall make furth comeing to the saids Lords of privy Councill of such as they shall appoint the superplus of the said thousand merks if any shall be remaineing after the reparation of the said harbour And Ordaines letters of horning under the Signet of Councill to be direct at the instance of the said factor against the heritor and others forsaids Lyable in payment of the said vaccant stipend upon productione of a decreet of Locallity and incase ther be non Ordaines the heritors and others forsaid to make payment of ther respective proportiones of the said vaccant stipend According as they shall be decerned be the Judge Ordinary.

1. NRS, PC2/25, 243r-244r.

1. NRS, PC2/25, 243r-244r.

Act, 28 May 1695, Edinburgh

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Att Hollyruidhouse Tuesday the 28th May 1695

D1695/5/61

Act

Act The Earl of Roxburgh

Anent the petition given in to the Lord high Commissioner and Lords of his majesties privy Councill be Robert Earle of Roxburgh Shewing That wher ther are severall ruinous housses in Kelsoe Lying in the publict marcat place still in ashes since the late accidentall fire that hapned ther and the heritors of these housses are so extreamly depauperat and redacted to such penury that it is Imposible for them to rebuild any part therof Which moved the petitioner as Superior of the said toune with Concourse of the petitioners Curators to make ane purchase of the ground from severall heritors pretending right therto, To the effect ther might be a Tolbooth built upon that waistground for Decoreing of the marcat place, The expences quherof will extend to ane Considerable Soume, and no profit can redound to the petitioners therby, And seing the building therof is a publict concerne and will prove a great ornament to the Marcat place, And that ther yet remaines in the petitioners hand and ane year and ane halfs vacant stipend preceiding Whitsunday Jaj vjc nyntie four due by the petitioner himself in the paroch of Selkirk quherof the petitioner Is undoubted patron It was hoped that the saids Lords would be pleased to Authorize him to bestow the said year and ane half vaccand stipend of Selkirk due by himself for building of the said Tolbooth as the saids Lords hade allready done In favors of the Toune of Pearth which will defray but ane small part of the Charges And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned His Majesties high Commissioner and Lords of privy Councill Having Considered this petition given in to them be the above Earle of Roxburgh They heirby authorize the Earle the petitioner to Imploy the vaccand stipend of the above kirk of Selkirk for ane year and ane half preceiding Whitsunday Jaj vjc nyntie four years due by the Earle himself towards the building of a Tolbooth in the marcat place of Kelsoe.

Att Hollyruidhouse Tuesday the 28th May 1695

D1695/5/61

Act

Act The Earl of Roxburgh

Anent the petition given in to the Lord high Commissioner and Lords of his majesties privy Councill be Robert Earle of Roxburgh Shewing That wher ther are severall ruinous housses in Kelsoe Lying in the publict marcat place still in ashes since the late accidentall fire that hapned ther and the heritors of these housses are so extreamly depauperat and redacted to such penury that it is Imposible for them to rebuild any part therof Which moved the petitioner as Superior of the said toune with Concourse of the petitioners Curators to make ane purchase of the ground from severall heritors pretending right therto, To the effect ther might be a Tolbooth built upon that waistground for Decoreing of the marcat place, The expences quherof will extend to ane Considerable Soume, and no profit can redound to the petitioners therby, And seing the building therof is a publict concerne and will prove a great ornament to the Marcat place, And that ther yet remaines in the petitioners hand and ane year and ane halfs vacant stipend preceiding Whitsunday Jaj vjc nyntie four due by the petitioner himself in the paroch of Selkirk quherof the petitioner Is undoubted patron It was hoped that the saids Lords would be pleased to Authorize him to bestow the said year and ane half vaccand stipend of Selkirk due by himself for building of the said Tolbooth as the saids Lords hade allready done In favors of the Toune of Pearth which will defray but ane small part of the Charges And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned His Majesties high Commissioner and Lords of privy Councill Having Considered this petition given in to them be the above Earle of Roxburgh They heirby authorize the Earle the petitioner to Imploy the vaccand stipend of the above kirk of Selkirk for ane year and ane half preceiding Whitsunday Jaj vjc nyntie four years due by the Earle himself towards the building of a Tolbooth in the marcat place of Kelsoe.

1. NRS, PC2/25, 242v-243r.

1. NRS, PC2/25, 242v-243r.

Sederunt, 28 May 1695, Edinburgh

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Att Hollyruidhouse Tuesday the 28th May 16951

D1695/5/52

Sederunt

His Majesties Commissioner; Earl of Anandale pres; Earl of Melvill p: Seall; Duke of Queensberry; Earl of Argyll; Earl of Erroll; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Linlithgow; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Kintoir; Earl of Brodalbine; Lord Murray; Lord Yester; Viscount Tarbat; Lord Strathnaver; Lord Raith T: d:; Lord Ross; Lord Beilhaven; Lord Carmicheall; Mr Johnston Secretary; Lord Advocat; Lord Justice Clark; Lord Enstruther; Mr Fra: Montgomry; Laird of Grant; Laird of Blackbarony; Laird of Pollock; Sir Thomas Livingstone

Att Hollyruidhouse Tuesday the 28th May 16951

D1695/5/52

Sederunt

His Majesties Commissioner; Earl of Anandale pres; Earl of Melvill p: Seall; Duke of Queensberry; Earl of Argyll; Earl of Erroll; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Linlithgow; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Kintoir; Earl of Brodalbine; Lord Murray; Lord Yester; Viscount Tarbat; Lord Strathnaver; Lord Raith T: d:; Lord Ross; Lord Beilhaven; Lord Carmicheall; Mr Johnston Secretary; Lord Advocat; Lord Justice Clark; Lord Enstruther; Mr Fra: Montgomry; Laird of Grant; Laird of Blackbarony; Laird of Pollock; Sir Thomas Livingstone

1. NRS, PC2/25, 242v.

2. NRS, PC2/25, 242v.

1. NRS, PC2/25, 242v.

2. NRS, PC2/25, 242v.

Act, 16 May 1695, Edinburgh

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Att Holyruidhouse Thursday 16 May 1695

D1695/5/41

Act

Act The viscount of Arbuthnot and Mr Mongo Carnegie

Anent the Petition given in to his Majesties high Commissioner and Lords of privy Councill be Anna Viscountess of Arbuthnot Shewing That wher, upon supplication given in by petitioner The saids Lords did appoint Mr Mongo Carnegy advocat factor to the estate of Arbuthnot for ingathering of the rents and duties of the said estate for cropt and year of God Jaj vjc nyntie four as their Lordships act of the date the […] day of Aprill more fully bears and seing the said Mr Mongo In obedience to ther Lordships act went North in order to uplift the saids rents and for that effect advertised the wholl tennents To meet and give up ane true accompt of the rents they payed But such is the malice of those who pretended to be tutors to the petitioners sone and of one Alexander Innes That instead of comeing for the effect aforsaid They did send throw the wholl tenents and Desyred That they might not at all appear and accordingly non of them did come save one who protested against their Lordships Commissione to the said Mr Carnegy so that unless their Lordships provyded a remeedy against the Contumacie of the tennents and the malice of the said Mr Innes and the pretended tutors The rents will altogither perish and no annualrents will be payed and Consequently that ancient familly be brought to ruine And Therfore Craveing the saids Lords would be pleased To Grant full power and Warrand to the said Mr Mongo Carnegie (Factor allready Constitute and who hath allready found suficient Cautione) To hold Courts outt putt and in putt tennents Grant tacks and assidationes and to doe all other acts and deeds for the more effectuall inbringing of the rents That so the annualrents may be timeously payed and the memory of that antient and honorable familly in some measure preserved as the said petition bears His Majesties high Commissioner and the Lords of privy Councill having Considered this petition given in to them be the above viscountess of Arbuthnot, They heirby Grant full power and Warrand to the above Mr Mongo Carnegie factor allready Constitute for the said estate To hold Courts outputt and Input Tennents, Grant tacks and assidationes and to doe all other acts and deed for the more effectuall ingathering of the rents of the said estates Conforme to the said factory That so the annualrents may be timeously payed.

Att Holyruidhouse Thursday 16 May 1695

D1695/5/41

Act

Act The viscount of Arbuthnot and Mr Mongo Carnegie

Anent the Petition given in to his Majesties high Commissioner and Lords of privy Councill be Anna Viscountess of Arbuthnot Shewing That wher, upon supplication given in by petitioner The saids Lords did appoint Mr Mongo Carnegy advocat factor to the estate of Arbuthnot for ingathering of the rents and duties of the said estate for cropt and year of God Jaj vjc nyntie four as their Lordships act of the date the […] day of Aprill more fully bears and seing the said Mr Mongo In obedience to ther Lordships act went North in order to uplift the saids rents and for that effect advertised the wholl tennents To meet and give up ane true accompt of the rents they payed But such is the malice of those who pretended to be tutors to the petitioners sone and of one Alexander Innes That instead of comeing for the effect aforsaid They did send throw the wholl tenents and Desyred That they might not at all appear and accordingly non of them did come save one who protested against their Lordships Commissione to the said Mr Carnegy so that unless their Lordships provyded a remeedy against the Contumacie of the tennents and the malice of the said Mr Innes and the pretended tutors The rents will altogither perish and no annualrents will be payed and Consequently that ancient familly be brought to ruine And Therfore Craveing the saids Lords would be pleased To Grant full power and Warrand to the said Mr Mongo Carnegie (Factor allready Constitute and who hath allready found suficient Cautione) To hold Courts outt putt and in putt tennents Grant tacks and assidationes and to doe all other acts and deeds for the more effectuall inbringing of the rents That so the annualrents may be timeously payed and the memory of that antient and honorable familly in some measure preserved as the said petition bears His Majesties high Commissioner and the Lords of privy Councill having Considered this petition given in to them be the above viscountess of Arbuthnot, They heirby Grant full power and Warrand to the above Mr Mongo Carnegie factor allready Constitute for the said estate To hold Courts outputt and Input Tennents, Grant tacks and assidationes and to doe all other acts and deed for the more effectuall ingathering of the rents of the said estates Conforme to the said factory That so the annualrents may be timeously payed.

1. NRS, PC2/25, 242r-242v.

1. NRS, PC2/25, 242r-242v.

Act, 16 May 1695, Edinburgh

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Att Holyruidhouse Thursday 16 May 1695

Act

Act Sir Patrick Hepburn

Anent the petition given in to his majesties high Commissioner and the Lords of privy Councill be Sir Patrick Hepburne of Blackcastle Shewing That wher James Brown Chirurgeon hath lately incarcerat the petitioner within the Tolbooth of Edinburgh be vertue of letters of Captione at his instance for the petitioners alledged not Warranding and his wifes not ratifieing of ane disposition made by the petitioner to him most unjustly specto mandato of the Lords of Sessione In so farr as when the petitioner was apprehended upon the twentie sixth of Aprill Last, The petitioner hade ane sist of executione upon ane bill of suspensione and Which the petitioner produced and duely intimat to the said James Brown and his messengers when the petitioner was attacqued as the samen and instrument of Intimatione therwith produced bears, Notwithstanding quherof the said James Brown did cause incarcerat the petitioner in plaine contempt of the authoritie of the Lords of Sessione who not being sitting at present Cannot redress the petitioners injury nor vindicat their oun authoritie swa Contemned as said is, albeit thrie of ther oun number to whom the petitioner applyed be suficiently Convinced therof But Recomended the petitioner to apply to your Lordships as the only proper Judicatur now Sitting for that effect And Therfore Humbly Craveing the saids Lords To ordaine him to be sett at Liberty In Respect of the said unwarrantable incarceratione without Cautione or Consignatione as the petition bears His Majesties high Commissioner and the Lords of his majesties privy Councill Doe heirby Give order and Warrand to the magistrats of Edinburgh and keeper of their Tolbooth to sett the petitioner at Liberty furth therof In Respect he hath given bond and found suficient Cautione acted in the books of privy Councill That he shall appear before the saids Lords upon the twentie thrid day of May instant and incase he be not called the said day then that he shall appear each Councill day therafter untill to be Called and the Cause Discussed, and incase he shall faill in any part of the premisses then that the Cautioner shall be bound and obleist to satisfie fullfill and personne the Charge given by the said James Brown to the said petitioner and grounds therof And in the mean time allowes the said James Brown to see and answer the petition against the day forsaid.

Att Holyruidhouse Thursday 16 May 1695

D1695/5/31

Act

Act Sir Patrick Hepburn

Anent the petition given in to his majesties high Commissioner and the Lords of privy Councill be Sir Patrick Hepburne of Blackcastle Shewing That wher James Brown Chirurgeon hath lately incarcerat the petitioner within the Tolbooth of Edinburgh be vertue of letters of Captione at his instance for the petitioners alledged not Warranding and his wifes not ratifieing of ane disposition made by the petitioner to him most unjustly specto mandato of the Lords of Sessione In so farr as when the petitioner was apprehended upon the twentie sixth of Aprill Last, The petitioner hade ane sist of executione upon ane bill of suspensione and Which the petitioner produced and duely intimat to the said James Brown and his messengers when the petitioner was attacqued as the samen and instrument of Intimatione therwith produced bears, Notwithstanding quherof the said James Brown did cause incarcerat the petitioner in plaine contempt of the authoritie of the Lords of Sessione who not being sitting at present Cannot redress the petitioners injury nor vindicat their oun authoritie swa Contemned as said is, albeit thrie of ther oun number to whom the petitioner applyed be suficiently Convinced therof But Recomended the petitioner to apply to your Lordships as the only proper Judicatur now Sitting for that effect And Therfore Humbly Craveing the saids Lords To ordaine him to be sett at Liberty In Respect of the said unwarrantable incarceratione without Cautione or Consignatione as the petition bears His Majesties high Commissioner and the Lords of his majesties privy Councill Doe heirby Give order and Warrand to the magistrats of Edinburgh and keeper of their Tolbooth to sett the petitioner at Liberty furth therof In Respect he hath given bond and found suficient Cautione acted in the books of privy Councill That he shall appear before the saids Lords upon the twentie thrid day of May instant and incase he be not called the said day then that he shall appear each Councill day therafter untill to be Called and the Cause Discussed, and incase he shall faill in any part of the premisses then that the Cautioner shall be bound and obleist to satisfie fullfill and personne the Charge given by the said James Brown to the said petitioner and grounds therof And in the mean time allowes the said James Brown to see and answer the petition against the day forsaid.

1. NRS, PC2/25, 241v-242r.

1. NRS, PC2/25, 241v-242r.

Act, 16 May 1695, Edinburgh

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Att Holyruidhouse Thursday 16 May 1695

D1695/5/21

Act

Act The Toune of Lanerk for a Bridge

Anent the Petition given in to the Lord2 high Commissioner and Lords of his majesties privy Councill be Baillies Dean of Gild Thesaurer and remanent members of the toune Councill of Lanerk for themselves and as representing the Community of the said burgh Shewing That wher the violent Current of the river of Clyde near the said burgh wher ther has been ane February boat keeped for transporting passingers to and from the west Countrey does not only render the said river frequently Impassible to the great incomodation and prejudice of his Majesties Leidges But likwayes has severall times caried away the said boat with passingers in her, over ane high Linn Called Stone byre Linn wherby and by others passing the said river at Foords many have lost their Lives and perished in the said watter as appears by the testificats produced under the hands of severall gentlman of the shire Which the petitioners taking into their Consideration Have Judged it very necessary for the safety of passingers and for encouragment of Trade and Comerce that ane suficient ston bridge be builded over the said river of Clyde near the said burgh at the foot of the Inch of Clydeholme the one end upon the saids Clydsholme pertaineing to the said burgh and the other upon the Kirkfeildholm pertaineing to Major James Weir of Kirkfeild who has Cheirfully Consented to the same as ane most necessary work and Lying most Conveniently for passingers being the Center betwixt Bothwellbridge and Litle-gill bridge which are Eightein myles distant and upwards And In Respect the said burgh of Lanerick having been so miserably wasted and spoilled dureing the late rigne by Forfaulters and exactiones of fynes free quarters for souldiers and the like Is not in ane Capacity to bear the Charges of so good and so necessary a work And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned His Majesties high Commissioner and the Lords of privy Councill having Considered this petition Given in to them be the above magistrats and Toune Councill of Lanerk They heirby Grant the desire of the said petitione as to the building of the bridge at the place forsaid and interpones ther authoritie therto and allowes a free voluntar Collectione to be made within all the paroches and at the Doors of all the paroch Churches and meeting houses of the severall shyres and burghes within this kingdome And Nominats and appoints Archibald Simpson merchant in Lanerk to be factor for uplifting and receiveing of the saids Collectiones In Respect he hath given bond and found sufficient Cautione acted in the books of privy Councill That he shall Imploy the Collectiones which shall be made be him upon the building of the forsaid bridge and shall hold compt to the Lords of his majesties privy Councill for what of the saids Collections shall not be so Imployed And Recomends to the ministers within all the paroch Churches and Congregationes of this kingdome To make intimation heirof in their saids Churches and Congregationes upon the Lords day Imediatly preceiding the day upon which the saids Collectiones shall be made and allowes these presents to be printed and the factor to Condescend upon what day or dayes the forsaid Collection shall be made.

Att Holyruidhouse Thursday 16 May 1695

D1695/5/21

Act

Act The Toune of Lanerk for a Bridge

Anent the Petition given in to the Lord2 high Commissioner and Lords of his majesties privy Councill be Baillies Dean of Gild Thesaurer and remanent members of the toune Councill of Lanerk for themselves and as representing the Community of the said burgh Shewing That wher the violent Current of the river of Clyde near the said burgh wher ther has been ane February boat keeped for transporting passingers to and from the west Countrey does not only render the said river frequently Impassible to the great incomodation and prejudice of his Majesties Leidges But likwayes has severall times caried away the said boat with passingers in her, over ane high Linn Called Stone byre Linn wherby and by others passing the said river at Foords many have lost their Lives and perished in the said watter as appears by the testificats produced under the hands of severall gentlman of the shire Which the petitioners taking into their Consideration Have Judged it very necessary for the safety of passingers and for encouragment of Trade and Comerce that ane suficient ston bridge be builded over the said river of Clyde near the said burgh at the foot of the Inch of Clydeholme the one end upon the saids Clydsholme pertaineing to the said burgh and the other upon the Kirkfeildholm pertaineing to Major James Weir of Kirkfeild who has Cheirfully Consented to the same as ane most necessary work and Lying most Conveniently for passingers being the Center betwixt Bothwellbridge and Litle-gill bridge which are Eightein myles distant and upwards And In Respect the said burgh of Lanerick having been so miserably wasted and spoilled dureing the late rigne by Forfaulters and exactiones of fynes free quarters for souldiers and the like Is not in ane Capacity to bear the Charges of so good and so necessary a work And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned His Majesties high Commissioner and the Lords of privy Councill having Considered this petition Given in to them be the above magistrats and Toune Councill of Lanerk They heirby Grant the desire of the said petitione as to the building of the bridge at the place forsaid and interpones ther authoritie therto and allowes a free voluntar Collectione to be made within all the paroches and at the Doors of all the paroch Churches and meeting houses of the severall shyres and burghes within this kingdome And Nominats and appoints Archibald Simpson merchant in Lanerk to be factor for uplifting and receiveing of the saids Collectiones In Respect he hath given bond and found sufficient Cautione acted in the books of privy Councill That he shall Imploy the Collectiones which shall be made be him upon the building of the forsaid bridge and shall hold compt to the Lords of his majesties privy Councill for what of the saids Collections shall not be so Imployed And Recomends to the ministers within all the paroch Churches and Congregationes of this kingdome To make intimation heirof in their saids Churches and Congregationes upon the Lords day Imediatly preceiding the day upon which the saids Collectiones shall be made and allowes these presents to be printed and the factor to Condescend upon what day or dayes the forsaid Collection shall be made.

1. NRS, PC2/25, 240v-241r.

2. The words ‘s of’ scored out here.

1. NRS, PC2/25, 240v-241r.

2. The words ‘s of’ scored out here.

Sederunt, 16 May 1695, Edinburgh

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Att Holyruidhouse Thursday 16 May 1695

D1695/5/11

Sederunt

Marques Tweedale Commissioner; Earl of Anandale pres; Earl of Melvill p: Seall; Duke of Queensberry; Earl of Argyll; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Kintoir; Lord Yester; Viscount Tarbat; Lord Strathnaver; Lord Raith; Lord Ross; Lord Beilhaven; Lord Carmichell; Lord Polwarth; Mr Johnston Lord secretary; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Enstruther; Mr Fra: Montgomery; Laird of Grant; Laird of Stivenson; Laird of Leyes; Laird of Pollock; Sir Thomas Livingston

Att Holyruidhouse Thursday 16 May 1695

D1695/5/11

Sederunt

Marques Tweedale Commissioner; Earl of Anandale pres; Earl of Melvill p: Seall; Duke of Queensberry; Earl of Argyll; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Kintoir; Lord Yester; Viscount Tarbat; Lord Strathnaver; Lord Raith; Lord Ross; Lord Beilhaven; Lord Carmichell; Lord Polwarth; Mr Johnston Lord secretary; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Enstruther; Mr Fra: Montgomery; Laird of Grant; Laird of Stivenson; Laird of Leyes; Laird of Pollock; Sir Thomas Livingston

1. NRS, PC2/25, 240v.

1. NRS, PC2/25, 240v.

Warrant, 10 May 1694, Edinburgh

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Edinburgh The Tenth day of may Jaj vjc nyntie four years

D1694/5/121

Warrant

Warrand for arreisting of Ralph Rhodam

The Lords of their Majesties privy Councill being Informed that Mr Ralph Rhodame merchant in New Castle haveing received from William Ainsley of Blackhill ane certain soume of money which he promised to deliver to the relict of Charles Ainsley merchant in New Castle To whom the said William Ainsley was debitor and therupon to obtain from her ane Discharge to the said William and send it into Scotland to him, And that the relict of the said Charles Ainsley did therafter distress the said William Ainsley and his Cautioner for the said debt for which not only his goods were seased on in the Inglish Syde, But also did undergoe the trouble and expences of a Tedious plea at Law both before the kings Bensh and the quarter sessiones And after all was condemned in the soume and expensses Extending to the soume of ane hundred punds Sterling And the saids Lords being informed that the said Mr Ralph Rhodan is presently within this kingdom, They heirby Give order and warrand to all shireffs of shyres stewarts of stewartrie Baillies of Bailliaries or Regalities, magistrats of Burghs Royall and other Judges to put the persone of the said Mr Ralph Rhodan under arreist by Imprisonment, or otherwayes untill he find suficient Caution to answer to what the said William Ainsley has to lay to his charge as law will, Et Judicio sisti et Judicatum solvj.

Edinburgh The Tenth day of may Jaj vjc nyntie four years

D1694/5/121

Warrant

Warrand for arreisting of Ralph Rhodam

The Lords of their Majesties privy Councill being Informed that Mr Ralph Rhodame merchant in New Castle haveing received from William Ainsley of Blackhill ane certain soume of money which he promised to deliver to the relict of Charles Ainsley merchant in New Castle To whom the said William Ainsley was debitor and therupon to obtain from her ane Discharge to the said William and send it into Scotland to him, And that the relict of the said Charles Ainsley did therafter distress the said William Ainsley and his Cautioner for the said debt for which not only his goods were seased on in the Inglish Syde, But also did undergoe the trouble and expences of a Tedious plea at Law both before the kings Bensh and the quarter sessiones And after all was condemned in the soume and expensses Extending to the soume of ane hundred punds Sterling And the saids Lords being informed that the said Mr Ralph Rhodan is presently within this kingdom, They heirby Give order and warrand to all shireffs of shyres stewarts of stewartrie Baillies of Bailliaries or Regalities, magistrats of Burghs Royall and other Judges to put the persone of the said Mr Ralph Rhodan under arreist by Imprisonment, or otherwayes untill he find suficient Caution to answer to what the said William Ainsley has to lay to his charge as law will, Et Judicio sisti et Judicatum solvj.

1. NRS, PC2/24, 400v.

1. NRS, PC2/24, 400v.