Tag Archives: May

Order, 10 May 1694, Edinburgh

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Edinburgh The Tenth day of may Jaj vjc nyntie four years

D1694/5/111

Order

Order anent the ship called The Fortune and Recomendation to the Lord Advocat

The Lords of their Majesties privy Councill upon and information exhibit to them By […] Captain of a Dutchman of Warr Called the Certain That the ship or hoeker Called the Fortune Lyand in the Harbour of Bruntisland is lately come from Dunkirk, They Declair and ordaine the said ship or hoeker to be free and at libertie In Respect James Marjorybanks merchant in Edinburgh has become bound and enacted in the books of privy Councill To answer for the said vessell and make her furth furthcomeing according to order and sentance of Law Under the penaltie of Two hundred punds sterling For which soume in the termes forsaid he is to give his bond in the ordainry forme And Recommends to Sir James Stewart their majesties advocat to call for and examine Cornelius Borre skipper of the said ship or Hocker and the said James Marjoribanks upon such pertinent Interrogatives as his Lordship shall think fitt.

Edinburgh The Tenth day of may Jaj vjc nyntie four years

D1694/5/111

Order

Order anent the ship called The Fortune and Recomendation to the Lord Advocat

The Lords of their Majesties privy Councill upon and information exhibit to them By […] Captain of a Dutchman of Warr Called the Certain That the ship or hoeker Called the Fortune Lyand in the Harbour of Bruntisland is lately come from Dunkirk, They Declair and ordaine the said ship or hoeker to be free and at libertie In Respect James Marjorybanks merchant in Edinburgh has become bound and enacted in the books of privy Councill To answer for the said vessell and make her furth furthcomeing according to order and sentance of Law Under the penaltie of Two hundred punds sterling For which soume in the termes forsaid he is to give his bond in the ordainry forme And Recommends to Sir James Stewart their majesties advocat to call for and examine Cornelius Borre skipper of the said ship or Hocker and the said James Marjoribanks upon such pertinent Interrogatives as his Lordship shall think fitt.

1. NRS, PC2/24, 400r-400v.

1. NRS, PC2/24, 400r-400v.

Act, 10 May 1694, Edinburgh

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Edinburgh The Tenth day of may Jaj vjc nyntie four years

D1694/5/101

Act

Act The masters of the boats who put aboard the levies and recruites.

Anent a Petition given in to the Lords of ther Majesties privy Councill be Androw Brown skiper of the James of Bruntisland, William Greig Skiper of the Charles of Kinghorn and James Weir skiper of the Boat called the Charity of Leith for themselves and in name and behalf of the remanent skipers of the haill ferrie boats of the saids thrie burghes of Leith, Bruntisland and Kinghorne Shewing That quher the petitioners was Commanded and appointed by the Right honorable Sir Thomas Liveingstoune Commander in Cheif of their Majesties forces in this kingdome to Attend with their severall boats and seamen for many dayes togither to attend and ship in the haill forces and 2 recruites that were lately transported furth of this kingdome for their majesties Service in Flanders aboard of the respective ships appointed for that effect with their haill baggadge and horsses belonging to their respective officers and did attend Constantly at Leith night and day for a fourtnight or therby to their great Charges and expences being detained from their oun housses and famillies, And as yet have gotten no satisfaction therfore And Craveing the saids Lords to Cause pay them for transporting the said forces and recruits and to consider their attendance they being but poor men and has nothing but what they aine by their Imployments or to Recomend to the Lords Commissioners of their Majesties thesaurie to give them speedie payment In Respect they could not allwayes attend heir and be from their Imployments to serve the rest of their majesties Leidges in their passadges as the petitione bears The Lords of their Majesties privy Councill haveing Considered the above petition given in to them be the above Androw Brown, James 3 Bruntisland William Greig and James Weir in name and behalf of the remanent skippers They heirby Recomend to the Lords Commissioners of their Majesties thesaurie to cause payment be made to the petitioners of such Competent wadges or fies as their Lordships shall find suitable to their respective services and paines.

Edinburgh The Tenth day of may Jaj vjc nyntie four years

D1694/5/101

Act

Act The masters of the boats who put aboard the levies and recruites.

Anent a Petition given in to the Lords of ther Majesties privy Councill be Androw Brown skiper of the James of Bruntisland, William Greig Skiper of the Charles of Kinghorn and James Weir skiper of the Boat called the Charity of Leith for themselves and in name and behalf of the remanent skipers of the haill ferrie boats of the saids thrie burghes of Leith, Bruntisland and Kinghorne Shewing That quher the petitioners was Commanded and appointed by the Right honorable Sir Thomas Liveingstoune Commander in Cheif of their Majesties forces in this kingdome to Attend with their severall boats and seamen for many dayes togither to attend and ship in the haill forces and 2 recruites that were lately transported furth of this kingdome for their majesties Service in Flanders aboard of the respective ships appointed for that effect with their haill baggadge and horsses belonging to their respective officers and did attend Constantly at Leith night and day for a fourtnight or therby to their great Charges and expences being detained from their oun housses and famillies, And as yet have gotten no satisfaction therfore And Craveing the saids Lords to Cause pay them for transporting the said forces and recruits and to consider their attendance they being but poor men and has nothing but what they aine by their Imployments or to Recomend to the Lords Commissioners of their Majesties thesaurie to give them speedie payment In Respect they could not allwayes attend heir and be from their Imployments to serve the rest of their majesties Leidges in their passadges as the petitione bears The Lords of their Majesties privy Councill haveing Considered the above petition given in to them be the above Androw Brown, James 3 Bruntisland William Greig and James Weir in name and behalf of the remanent skippers They heirby Recomend to the Lords Commissioners of their Majesties thesaurie to cause payment be made to the petitioners of such Competent wadges or fies as their Lordships shall find suitable to their respective services and paines.

1. NRS, PC2/24, 399v-400r.

2. The word ‘trans’ scored out here.

3. The word ‘Brent’ scored out here.

1. NRS, PC2/24, 399v-400r.

2. The word ‘trans’ scored out here.

3. The word ‘Brent’ scored out here.

Sederunt, 10 May 1694, Edinburgh

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Edinburgh The Tenth day of may Jaj vjc nyntie four years1

D1694/5/92

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Forfar; Lord Murray; Lord Raith; Lord Ross; Lord Beilhaven; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Hatton; Laird of Grant; Laird of Blackbarony; Laird of Stivenson; Sir Thomas Livingstone

Edinburgh The Tenth day of may Jaj vjc nyntie four years1

D1694/5/92

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Forfar; Lord Murray; Lord Raith; Lord Ross; Lord Beilhaven; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Hatton; Laird of Grant; Laird of Blackbarony; Laird of Stivenson; Sir Thomas Livingstone

1. NRS, PC2/24, 399v.

2. NRS, PC2/24, 399v.

1. NRS, PC2/24, 399v.

2. NRS, PC2/24, 399v.

Act, 3 May 1694, Edinburgh

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Edinburgh The Thrid day of May Jaj vjc nyntie four years

D1694/5/81

Act

Act Coll Mckay anent deficient men.

Anent a Memoriall given in and presented to the Lords of their Majesties privy Councill be Collonoll Mckay Representing That quheras he was ordered by the saids Lords proclamatione of the date the […] day of […] with his officers to goe to severall shires for receiveing their quota’s to Compleat his regiement a second time viz to Fife, Kinross, Pearth, Lanerk, Linlithgow and Peebles, In all which after the particular numbers of each shire is Calculated ther wants sixtie men to Compleat the quotta of seven hundred and seventie five nor would the Clerks of some of the saids shyres give his officers the list of the leaders names particularly the shiref Clerk of Lanerk against whom the officers appointed for that shire did protest for want of which lists the deficients are not as yet knowen, And also that a Considerable number of Insuficient men hade bein reseived And Therfore Craveing the saids Lords to call for ane accompt from the Clerks of the respective shyres abovementioned And Shew the saids Lords pleasure In Regaird to the insuficient men and appoint a new dyet for receiveing the saids Deficients at the Cannogate wher his regiment Lyes at present The Lords of ther Majesties privy Councill haveing Considered this memoriall given in to them be the above Coll Mckay They Refuse to give any order anent the insuficient men seeing they were received by and Delivered to the Colls oun officers and as to the men which are deficient of the proportiones appointed by the act of parliament to be put out 2 By the severall shires The Councill have allready ordered them to be delivered as followes viz These on this side of Tay at Glassgow upon the twentie fourth day of Aprill Last And these on the other side of Tay upon the Eight day of may instant, To the Comanding officers for the time being within the saids soumes And have appointed the men to be transported and entertained till delivery upon the expences of such as have been deficient for which ther is ane Recomendation by the Councill to the Lord advocat to wryt letters to the shirreffs of the severall shyres within this kingdome, And as to any deficiancy that may be throw the wrong Calculating of the men in the act of parliament The saids Lords Remitts to Sir Thomas Livingstone Comander in Cheiff of their majesties forces within this kingdome to adjust any difference betwixt Coll Mckay and Coll Douglasses regiements as to the deficiency of these regiments upon their accompt forsaid so as the same may be equally proportioned for a Just half to each Regiment.

Edinburgh The Thrid day of May Jaj vjc nyntie four years

D1694/5/81

Act

Act Coll Mckay anent deficient men.

Anent a Memoriall given in and presented to the Lords of their Majesties privy Councill be Collonoll Mckay Representing That quheras he was ordered by the saids Lords proclamatione of the date the […] day of […] with his officers to goe to severall shires for receiveing their quota’s to Compleat his regiement a second time viz to Fife, Kinross, Pearth, Lanerk, Linlithgow and Peebles, In all which after the particular numbers of each shire is Calculated ther wants sixtie men to Compleat the quotta of seven hundred and seventie five nor would the Clerks of some of the saids shyres give his officers the list of the leaders names particularly the shiref Clerk of Lanerk against whom the officers appointed for that shire did protest for want of which lists the deficients are not as yet knowen, And also that a Considerable number of Insuficient men hade bein reseived And Therfore Craveing the saids Lords to call for ane accompt from the Clerks of the respective shyres abovementioned And Shew the saids Lords pleasure In Regaird to the insuficient men and appoint a new dyet for receiveing the saids Deficients at the Cannogate wher his regiment Lyes at present The Lords of ther Majesties privy Councill haveing Considered this memoriall given in to them be the above Coll Mckay They Refuse to give any order anent the insuficient men seeing they were received by and Delivered to the Colls oun officers and as to the men which are deficient of the proportiones appointed by the act of parliament to be put out 2 By the severall shires The Councill have allready ordered them to be delivered as followes viz These on this side of Tay at Glassgow upon the twentie fourth day of Aprill Last And these on the other side of Tay upon the Eight day of may instant, To the Comanding officers for the time being within the saids soumes And have appointed the men to be transported and entertained till delivery upon the expences of such as have been deficient for which ther is ane Recomendation by the Councill to the Lord advocat to wryt letters to the shirreffs of the severall shyres within this kingdome, And as to any deficiancy that may be throw the wrong Calculating of the men in the act of parliament The saids Lords Remitts to Sir Thomas Livingstone Comander in Cheiff of their majesties forces within this kingdome to adjust any difference betwixt Coll Mckay and Coll Douglasses regiements as to the deficiency of these regiments upon their accompt forsaid so as the same may be equally proportioned for a Just half to each Regiment.

1. NRS, PC2/24, 398v-399v.

2. The word ‘of’ scored out here.

1. NRS, PC2/24, 398v-399v.

2. The word ‘of’ scored out here.

Act, 3 May 1694, Edinburgh

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Edinburgh The Thrid day of May Jaj vjc nyntie four years

D1694/5/71

Act

Act The heritors and parishioners of Eglishmachan.

Anent a Petition given in to the Lords of their majesties privy Councill be the heritors elders and parishioners of the parochin of Eglishmachan Shewing That quher the petitioners being about to call ane minister to the said parochin of Eglishmachan quhich is now vaccant, And Considering that the petitioner before he can subscryve any such It is previously requyred that they should take the Oath of alledgance and assurance, And seing that it is not Condescended Upon who should administer the said oathes to them or before whom the petitioners ought to take the samen And Therfore Humbly Craveing the Saids Lords To Recommend to any of their Lordships number or any other person their Lordship should think fitt to authorize to administrat the said oath to them at the said Kirk of Eglismachan one ther Sabath day come Eight dayes being the thretein instant at which time the presbytrie of Linlithgow has appointed ane meetting of the said parishine in order to the said Call as the petitione bears The Lords of their Majesties privy Councill having Considered the above petition given in to them be the above heritors elders and other parishioners of the parish of Eiglishmachan They heirby Declair that the petitioners are to take the oath of alledgance and assurance before the magistrat of the bounds wher they live principall or depute Whither shirreff, Stewart, Baillie, or magistrats of Burgh And Ordaines the saids magistrates principall or depute to administrat the said oath of alledgance and assurance to the petitioners Conforme to the tenor of the act of parliament And the petitioner to report Certificats therof to be exhibited at the moderating of the Call.

Edinburgh The Thrid day of May Jaj vjc nyntie four years

D1694/5/71

Act

Act The heritors and parishioners of Eglishmachan.

Anent a Petition given in to the Lords of their majesties privy Councill be the heritors elders and parishioners of the parochin of Eglishmachan Shewing That quher the petitioners being about to call ane minister to the said parochin of Eglishmachan quhich is now vaccant, And Considering that the petitioner before he can subscryve any such It is previously requyred that they should take the Oath of alledgance and assurance, And seing that it is not Condescended Upon who should administer the said oathes to them or before whom the petitioners ought to take the samen And Therfore Humbly Craveing the Saids Lords To Recommend to any of their Lordships number or any other person their Lordship should think fitt to authorize to administrat the said oath to them at the said Kirk of Eglismachan one ther Sabath day come Eight dayes being the thretein instant at which time the presbytrie of Linlithgow has appointed ane meetting of the said parishine in order to the said Call as the petitione bears The Lords of their Majesties privy Councill having Considered the above petition given in to them be the above heritors elders and other parishioners of the parish of Eiglishmachan They heirby Declair that the petitioners are to take the oath of alledgance and assurance before the magistrat of the bounds wher they live principall or depute Whither shirreff, Stewart, Baillie, or magistrats of Burgh And Ordaines the saids magistrates principall or depute to administrat the said oath of alledgance and assurance to the petitioners Conforme to the tenor of the act of parliament And the petitioner to report Certificats therof to be exhibited at the moderating of the Call.

1. NRS, PC2/24, 398r-398v.

1. NRS, PC2/24, 398r-398v.

Sederunt, 3 May 1694, Edinburgh

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Edinburgh The Thrid day of May Jaj vjc nyntie four years1

D1694/5/62

Sederunt

Lord Chancelor; Earl of Melvill P:S:; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Forfar; Lord Strathnaver; Lord Yester; Lord Raith T:d:; Lord Ross; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Enstruther; Laird of Grant; Sir John Hall

Edinburgh The Thrid day of May Jaj vjc nyntie four years1

D1694/5/62

Sederunt

Lord Chancelor; Earl of Melvill P:S:; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Forfar; Lord Strathnaver; Lord Yester; Lord Raith T:d:; Lord Ross; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Enstruther; Laird of Grant; Sir John Hall

1. NRS, PC2/24, 398r.

2. NRS, PC2/24, 398r.

1. NRS, PC2/24, 398r.

2. NRS, PC2/24, 398r.

Order, 2 May 1694, Edinburgh

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Edinburgh the second day of May Jaj vjc nyntie four years ante meridiem

D1694/5/51

Order

Recomendation to The Lords of thesaurie 2 In favors of Sir James Ramsay

Anent a Petition given in to the Lords of ther Majesties privy Councill be Sir James Ramsay Shewing That the saids Lords knew his conduct and Circumstances so weell that his present miseries makes him ashamed so much as to mentione them He hade the saids Lords Just and equitable sentance against the Earle of Seaforth for a small summ of aliement but the estate of Seaforth be indebted to the petitioner above seven Thousand merks And that the petitioner hade this Earles promise in writt for ane aliement And that the petitioner has omitted no intreaties nor any possible dilligence both with himself and his freinds to obtaine what ther Lordships Decerned in his favors yet the petitioner has obtained nothing but must protest with Confussion before their Lordships That he and his poor wyfe in their old dayes are reduced to the very point of starving And Therfore humbly supplicating the saids Lords to the effect aftermentioned The Lords of their majesties privy Councill Haveing Considered this petition given in to them be the above Sir James Ramsay They heirby Recommend to the Lords Commissioners of their Majesties thesaurie To Cause effectuall payment be presently made to the petitioner of the soume of ane Thousand punds scots for his present supply and releiff, And Ordaines the said Sir James to Grant assignatione In favors of the Lords Commissioners In and to alse much of the soumes Contained in the sentance of privy Councill pronunced at Sir James instance against the Earle of Seaforth as will reimburse them of the soume forsaid Which they are to advance presently to him to the effect their Lordships may Cause dilligence be done against the said Earle for their oun re Imbursment, And Recommends to Sir Thomas Liveingstoune, to give all assistance by military force for executeing the said sentance of Councill both at the instance of the saids Lords Commissioners and also of the said Sir James According to their respective intrests.

Edinburgh the second day of May Jaj vjc nyntie four years ante meridiem

D1694/5/51

Order

Recomendation to The Lords of thesaurie 2 In favors of Sir James Ramsay

Anent a Petition given in to the Lords of ther Majesties privy Councill be Sir James Ramsay Shewing That the saids Lords knew his conduct and Circumstances so weell that his present miseries makes him ashamed so much as to mentione them He hade the saids Lords Just and equitable sentance against the Earle of Seaforth for a small summ of aliement but the estate of Seaforth be indebted to the petitioner above seven Thousand merks And that the petitioner hade this Earles promise in writt for ane aliement And that the petitioner has omitted no intreaties nor any possible dilligence both with himself and his freinds to obtaine what ther Lordships Decerned in his favors yet the petitioner has obtained nothing but must protest with Confussion before their Lordships That he and his poor wyfe in their old dayes are reduced to the very point of starving And Therfore humbly supplicating the saids Lords to the effect aftermentioned The Lords of their majesties privy Councill Haveing Considered this petition given in to them be the above Sir James Ramsay They heirby Recommend to the Lords Commissioners of their Majesties thesaurie To Cause effectuall payment be presently made to the petitioner of the soume of ane Thousand punds scots for his present supply and releiff, And Ordaines the said Sir James to Grant assignatione In favors of the Lords Commissioners In and to alse much of the soumes Contained in the sentance of privy Councill pronunced at Sir James instance against the Earle of Seaforth as will reimburse them of the soume forsaid Which they are to advance presently to him to the effect their Lordships may Cause dilligence be done against the said Earle for their oun re Imbursment, And Recommends to Sir Thomas Liveingstoune, to give all assistance by military force for executeing the said sentance of Councill both at the instance of the saids Lords Commissioners and also of the said Sir James According to their respective intrests.

1. NRS, PC2/24, 397v-398r.

2. The letters ‘Inf’ scored out here.

1. NRS, PC2/24, 397v-398r.

2. The letters ‘Inf’ scored out here.

Decreet, 2 May 1694, Edinburgh

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Edinburgh the second day of May Jaj vjc nyntie four years ante meridiem

D1694/5/41

Decreet

Decreet Margrat Grahame contra Robert and William Greir

Anent our soveraigne Lord and Ladies letters raised and pursued before the Lords of their Majesties privy Councill at the instance of Margrat Grame spouse to Robert Greir of Mylnemark makeing mention That quher by the lawes of god and nature and by the lawes of this and all other Christian nationes husbands are oblidged to Live in peace with their wifes, And to mantaine and intertaine them in their famillies and to Cheirish them in vertue and honesty And to educat and bring up the Cheldreen procreat betwixt them Christianly and verteously as becomes their Rank and qualitie, And the sowing of Discord betwixt man and wyfe and instigating and stirring up of husbands against their wifes either by abuseing their good name refuseing of them intertainement, And specially by beatting and abuseing their persones are Crymes of ane high nature and severly punishable yet true it is that the pursuer haveing about twelue years since been maried to the said Robert Greir who being then in badd Circumstances was added assisted and supported by her relationes and they haveing lived togither for the space of seven years Comfortably It pleased God to bliss them with very prettie Cheldrein who are now Comeing to age and Capable of Learning and educatione about the space of five years since The said Robert Shakeing of all fear of god and duty to the persuer his maried wyfe By the instigation and evill advise of 2 William Greir his brother German, To whom he is intirely devoted, and by whos advyse and Councill he has acted since that time against the pursuer his lawfull wife and his oun lawfull Cheldrein Which unnaturall brother being keeped in familly by her said husband doeth Impose upon her husband who is but ane Illiterat simple Landward ill bred man to divest her of all power and charge within her Oun familly, so that her husband will not allow her that mantinance which he would bestow upon a Comon Servant, nor give her any trust or charge within his familly wherby she might throw her vertue provyde her self in Cloathing quherof they are now very destitute And which her said husband will not supplie them in, So that they are necessitat to beg help from freinds and their Cheldrein are intirely neglected both as to education and mantinance, and all this throw the wicked Councill of her husbands ungratefull brother Who as is weell knowen to the Countrey and many in this place owes his life to the pursuer and her freiends, yet is his groundless malice so great against her and her poor Innocent Childrein, That by his Instigation her husband not only threatens and Minaces her But actually has beatten and strucken her at severall times and his unnaturall brother is so bold as to minace her himself, and to reproach her by the vile name of vagabound whore and Jadd and threatens to bereave the pursuer of her life and has Caused her husband serve inhibitione against her though she hath not the trust of a sixpence or sixpence worth By which she might prejudge him Wherby She and her poor Cheldrein are redacted to great miserie and extream deficulties, And Therfore necessar It is that the pursuer have ane aliement Modified by the saids Lords of privy Councill (who in such cases uses to become the patrones of Widowes Orphans and distressed wyfes) For the mantinance of her and her poor Childrein, and for ther education, And that out of the pursuers husband his estate and means to be payed by him to the pursuer yearly and termly as the saids Lords shall think fitt to appoint And the pursuers Said husband his said most Cruell Unchristian and Unnaturall brother being guilty of the Crimes forsaids Ought and should be punished be the saids Lords in his persone and goods to the terror of others to Committ and doe the like in time comeing And Anent the Charge given to the saids defenders To have Compeired before the saids Lords at ane Certaine day now bygone To have answered to the Grounds of the above Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should think fit as in the principall letters and executiones therof at more leanth is contained Which letters being upon the first day of May instant called in presence of the saids Lords And the pursuer Compeiring personally with Mr Hew Dalrymple and Mr George Alexander her advocats, And the defenders Compeiring also personally, with James Stewart ther advocat The Saids Lords of privy Councill haveing heard the Lybell and answers made therto with the advocats for both parties, They Recommended3 to a Committie of their oun number to call for both parties and endeavor to setle and aggrie them And in case of Deficultie to report to the Councill Which Committie haveing accordingly mett, and haveing Called for and heard both parties the pursuer and her husband They made their report to the Councill in the Said Matter And the saids Lords haveing this day Considered the Committies report They Decerned the said Robert Greir to grant bond to Lye in the hands of the Clerks of privy Councill That he shall not suffer nor permitt the said William Greir his brother to frequent or come to his house or familly in time comeing under the penaltie of Five hundred merks scots, In Respect the brother has been ane badd instrument and the Occasion of ill understanding betwixt the parties, And In Regaird that the wife the pursuer hath been out of her husbands familly now near thrie moneths which necessarly put her to charges Therfore The Saids Lords Decernes and Ordaines the said Robert Greir defender To make payment of the Soume of ane hundred merks scots to such Creditors as shall be given in to him in list be the said Margrat pursuer his wyfe And the saids Lords Decernes and Ordaines the said Margrat to goe home and Cohabit with her said husband And Recommends to the presbytrie of Dallry that they may Oversee their liveing queitly and Christianly as becomes And Ordaines letters of horning on fiftein dayes and other executions needfull to be direct heiron in forme as effeirs.

Edinburgh the second day of May Jaj vjc nyntie four years ante meridiem

D1694/5/41

Decreet

Decreet Margrat Grahame contra Robert and William Greir

Anent our soveraigne Lord and Ladies letters raised and pursued before the Lords of their Majesties privy Councill at the instance of Margrat Grame spouse to Robert Greir of Mylnemark makeing mention That quher by the lawes of god and nature and by the lawes of this and all other Christian nationes husbands are oblidged to Live in peace with their wifes, And to mantaine and intertaine them in their famillies and to Cheirish them in vertue and honesty And to educat and bring up the Cheldreen procreat betwixt them Christianly and verteously as becomes their Rank and qualitie, And the sowing of Discord betwixt man and wyfe and instigating and stirring up of husbands against their wifes either by abuseing their good name refuseing of them intertainement, And specially by beatting and abuseing their persones are Crymes of ane high nature and severly punishable yet true it is that the pursuer haveing about twelue years since been maried to the said Robert Greir who being then in badd Circumstances was added assisted and supported by her relationes and they haveing lived togither for the space of seven years Comfortably It pleased God to bliss them with very prettie Cheldrein who are now Comeing to age and Capable of Learning and educatione about the space of five years since The said Robert Shakeing of all fear of god and duty to the persuer his maried wyfe By the instigation and evill advise of 2 William Greir his brother German, To whom he is intirely devoted, and by whos advyse and Councill he has acted since that time against the pursuer his lawfull wife and his oun lawfull Cheldrein Which unnaturall brother being keeped in familly by her said husband doeth Impose upon her husband who is but ane Illiterat simple Landward ill bred man to divest her of all power and charge within her Oun familly, so that her husband will not allow her that mantinance which he would bestow upon a Comon Servant, nor give her any trust or charge within his familly wherby she might throw her vertue provyde her self in Cloathing quherof they are now very destitute And which her said husband will not supplie them in, So that they are necessitat to beg help from freinds and their Cheldrein are intirely neglected both as to education and mantinance, and all this throw the wicked Councill of her husbands ungratefull brother Who as is weell knowen to the Countrey and many in this place owes his life to the pursuer and her freiends, yet is his groundless malice so great against her and her poor Innocent Childrein, That by his Instigation her husband not only threatens and Minaces her But actually has beatten and strucken her at severall times and his unnaturall brother is so bold as to minace her himself, and to reproach her by the vile name of vagabound whore and Jadd and threatens to bereave the pursuer of her life and has Caused her husband serve inhibitione against her though she hath not the trust of a sixpence or sixpence worth By which she might prejudge him Wherby She and her poor Cheldrein are redacted to great miserie and extream deficulties, And Therfore necessar It is that the pursuer have ane aliement Modified by the saids Lords of privy Councill (who in such cases uses to become the patrones of Widowes Orphans and distressed wyfes) For the mantinance of her and her poor Childrein, and for ther education, And that out of the pursuers husband his estate and means to be payed by him to the pursuer yearly and termly as the saids Lords shall think fitt to appoint And the pursuers Said husband his said most Cruell Unchristian and Unnaturall brother being guilty of the Crimes forsaids Ought and should be punished be the saids Lords in his persone and goods to the terror of others to Committ and doe the like in time comeing And Anent the Charge given to the saids defenders To have Compeired before the saids Lords at ane Certaine day now bygone To have answered to the Grounds of the above Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should think fit as in the principall letters and executiones therof at more leanth is contained Which letters being upon the first day of May instant called in presence of the saids Lords And the pursuer Compeiring personally with Mr Hew Dalrymple and Mr George Alexander her advocats, And the defenders Compeiring also personally, with James Stewart ther advocat The Saids Lords of privy Councill haveing heard the Lybell and answers made therto with the advocats for both parties, They Recommended3 to a Committie of their oun number to call for both parties and endeavor to setle and aggrie them And in case of Deficultie to report to the Councill Which Committie haveing accordingly mett, and haveing Called for and heard both parties the pursuer and her husband They made their report to the Councill in the Said Matter And the saids Lords haveing this day Considered the Committies report They Decerned the said Robert Greir to grant bond to Lye in the hands of the Clerks of privy Councill That he shall not suffer nor permitt the said William Greir his brother to frequent or come to his house or familly in time comeing under the penaltie of Five hundred merks scots, In Respect the brother has been ane badd instrument and the Occasion of ill understanding betwixt the parties, And In Regaird that the wife the pursuer hath been out of her husbands familly now near thrie moneths which necessarly put her to charges Therfore The Saids Lords Decernes and Ordaines the said Robert Greir defender To make payment of the Soume of ane hundred merks scots to such Creditors as shall be given in to him in list be the said Margrat pursuer his wyfe And the saids Lords Decernes and Ordaines the said Margrat to goe home and Cohabit with her said husband And Recommends to the presbytrie of Dallry that they may Oversee their liveing queitly and Christianly as becomes And Ordaines letters of horning on fiftein dayes and other executions needfull to be direct heiron in forme as effeirs.

1. NRS, PC2/24, 395v-397r.

2. The word ‘Robert’ scored out here.

3. The letters ‘ed’ are an insertion.

1. NRS, PC2/24, 395v-397r.

2. The word ‘Robert’ scored out here.

3. The letters ‘ed’ are an insertion.

Sederunt, 2 May 1694, Edinburgh

Posted on by

Edinburgh the second day of May Jaj vjc nyntie four years ante meridiem1

D1694/5/32

Sederunt

Lord Chancelor; Earl of Melvill; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Forfar; Lord Strathnaver; Lord Yester; Lord Raith T: D:; Lord Ross; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Fountonhall; Lord Enstruther; Laird of Grant; Sir Thomas Livingston

Edinburgh the second day of May Jaj vjc nyntie four years ante meridiem1

D1694/5/32

Sederunt

Lord Chancelor; Earl of Melvill; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Forfar; Lord Strathnaver; Lord Yester; Lord Raith T: D:; Lord Ross; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Fountonhall; Lord Enstruther; Laird of Grant; Sir Thomas Livingston

1. NRS, PC2/24, 395v.

2. NRS, PC2/24, 395v.

1. NRS, PC2/24, 395v.

2. NRS, PC2/24, 395v.

Decreet, 1 May 1694, Edinburgh

Posted on by

Edinburgh the First day of May Jaj vjc nyntie four years

D1694/5/21

Decreet

Decreet of Certificatione Weir qra Steill

Forasmuchas Anent the lybell of Complaint raised before the Lords of their majesties privy Councill be Thomas Weir Chirurgeon in Edinburgh and Sir James Stewart their Majesties advocat for their highnes intrest in the matter underwritten Makeing Mention That quher by the lawes of this and all other weell governed nationes all fraud and fraudfull abuses are and ought to be discharged and every man mantained in his Just right and priviledge according to the true Import therof nevertheless It is of verity that the deceast Doctor Patrick Andersone haveing Composed a pill which was thought very helpfull and advantageous to all the users therof he left the secret of Compositione therof to his two daughters as the best part of their portiones Lykeas Kathrin Anderson the surviver of the said two daughters was pleased after he hade received severall good deeds and kyndnesses from the pursuer and was satisfied with his skill in Composeing of the said pill by her directione not only to comunicat to him the secreet therof, But to Dispone and make over to him all the right and intrest she hade therin togither with the true and only seall and stampt quherwith the boxes and papers of the saids pills are sealled with the severall other vessells matterialls and instruments for Composeing and dispersing the same are her dispositione of the fiftein day of December Jaj vjc Eightie six years particularly expressing that she had taught him and non others to Compose and make the samen before her self therwith produced bears Wherupon the said pursuer haveing successfully Composed and vended the saids pills did therafter obtaine the kings letters patent giveing and Disponeing to him the sole power right and priviledge to prepair Compose and vend the forsaid pile with power to him to use the said seall and stamp formerly used by the said Katharin Andersone for marking the forsaid papers and boxes for all the dayes and years of the pursuers liftyme And Farder Discharging all other persones dureing the said space directly or indirectly to prepair Compound dispense or vend any pile or piles under the name of Doctor Andersones pill or papers relateing therto, without the pursuers speciall License under the paine of ane Thousand merks scots for ilk Contraventione Recomending to the Lords of privy Councill and other Judicationes of his majesties antient kingdom to see the premisses made effectuall as the said letters patent under the great seall dated the nyntein day of May Jaj vjc Eightie seven years with the printed publicatione by order of their majesties privy Councill dated the second day of August the said year both therwith produced In pursueance of quhich right and gift under the great seall the pursuer did the same year apply to the Lords of privy Councill for to have one Thomas Steill a merchant who pretended to have gott some secreet restrained and Discharged from abuseing people with his sofisticat Compositiones and usurping the pursuers right and priviledge But he haveing got at that time ane old woman, Jannet Haistie reliect of ane Taylor in the Cannogate to swear that she hade got the recept of the forsaid pile from the said Kathrin Andersone and that she hade delivered the same to the said Thomas Steill The saids Lords of privy Councill appointed a Comittie to hear both parties, who demanding of them that they should make knowen their recepts to be Compared and Considered, And the pursuer as the truer man and haveing the better right refuseing to doe the same because of his oath given to Katherin Andersone and the express condition of his patent and the hazard of Devulging the secret, And Thomas Steill on the other hand freely Imparting his recept as being indeed willing to Divid the Child that was not his oun The Lords were pleased at that time to find the pursuer Contimacious and to declair and ordaine that the said Thomas Steill might Compose Dispense and vend his piles under the name of Doctor Andersones piles alse weell as the pursuer since which time the said Thomas Steill hath not only abused men both at home and a broad in England and else wher by his saids soffisticat pile falsiefieing the forsaid seall and stampt that he may therby more effectually deceive But hath of late Caused print and spread ane advertisment at London wherin he falsely asserts that the secret of Composeing the said pile is only knowen to him, And that the Lords of Councill in Scotland had found the samen to be proven against the pursuer to be 2 only a pretender to the said secret and that his said gift was by him wrongeously Impetrat from the late King James, Wherupon the said Thomas Steill falsely afirmes that the Lords of Councill granted him ane act in his favors Reduceing the forsaid Grant of King James And Declareing the pursuers pile to be false and Counterfeitt as one of the said prints therwith produced would testifie, Wherby it is manifast that the forsaid print published against the pursuer is a notorious falsehood and defamatione in so farr as the pursuer does produce Katherin Andersones wryt and Disposition Declareing she hade taught him and no other to Compose the said pile, and this Disposition and Declaration is by her oun order written by a wryter to the signet subscryved before fameous witnesses, Which is all the instructione that is necessary to clear the truth of the matter In favors of the pursuer, And one the other part Thomas Steill has no maner of Instruction that his recept is true but the assertion of ane old woman who depones Kathrin Anderson hade given her this recept of Steills above a year before her death Wherof She Declared Solemnly in the pursuers rights that she hade taught him only and no other persone to Compose the said pile Lykeas the said pursuer is manifastly injurred by the said Thomas Steill and abused in his Just right and priviledge, And Therfore Ought and should be Decerned not only disoune and disclaime the forsaid print as false and defamatione But also to pay the said paine of ane Thousand merks for his Contraveening the pursuers letter patent and act of Councill in his favors It being evident, That any Licence Impetrat by him from the Lords of Councill as said is, could never allow him abuse defame and Injure the pursuer as he hath done or to obtrude his piles as the only true piles and reproach the persuars pilers as false and Counterfeit as also It ought and should be found and declared by the saids Lords of privy Councill fore heirafter that the pursuer was not Contumacious in refuseing to reveall the said secret since he hade so Just a a3 Scruple for his excuse and farder that the said Thomas Steill hath Justly forfaulted and ammitted by his forsaid abusive practisses the libertie that he Impetrat from the Lords of Councill in maner above narrated, And that from this time furth the pursuer hath the only rytes to the forsaid secret and to Compose and vend the said piles under the name of Doctor Andersones piles and to use the said seall or stampt for verificatione therof, And that the said Thomas Steill and all others pretenders without License from the pursuer are falsecies and Impostures And Therfore he and they ought and should be Decerned to desist from Composeing or vending the saids piles in all time comeing under the said paine of ane Thousand merks for each Contraventione Toties quoties and all shirreffs, magistrats and other Judges within this kingdome should be authorize to Cognose upon and punish the said Contraveeners in maner forsaid and lastly and alsoe the pursuer Ought to be allowed and ordained to print and publish the Decreet or act of the Lords of privy Councill to be given heirupon and to take such other methods for the due publishing of his right and Discovering and Disappointing the abuses and frauds of the said Thomas Steill in the premisses as accords And Anent the Charge Given to the said Thomas Steill defender To have Compeired before the saids Lords of ther majesties privy Councill at ane certaine day now bygone To have answered to the grounds of the above Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should find Just Under the paine of Rebellion etc as in the forsaid Lybell or Complaint and executiones therof at more leanth is Contained Which being this day called in presence of the saids Lords of their majesties privy Councill And the said pursuer Compeiring personally with Sir James Stewart ther majesties advocat and Mr Hew Dalrymple advocat his procurator and the saids Thomas Steill defender being lawfullie cited oft times called and not Compeiring The Lords of their Majesties privy Councill Haveing Considered the Lybell with the disposition in the pursuers favors and gift under the great seall and printed publicatione therof with a printed Copie of Thomas Steills advertisment Togither with a petition given in be Elizabeth Steill sister to the defender They heirby Grant Certification against the said Thomas Steill defender In Respect of his absence and not Compeirance And Ordaines letters of Denunciation to be direct to macers or messengers at armes To pass to the Marcat Cross of […] and other places needfull and their in their majesties names and authoritie Duely Lawfully and orderly Denounce the said Thomas Steill their Majesties rebell and put him to the horne escheat and inbring all his moveable goods and geir to our use for his contemption and disobedience.

Edinburgh the First day of May Jaj vjc nyntie four years

D1694/5/21

Decreet

Decreet of Certificatione Weir qra Steill

Forasmuchas Anent the lybell of Complaint raised before the Lords of their majesties privy Councill be Thomas Weir Chirurgeon in Edinburgh and Sir James Stewart their Majesties advocat for their highnes intrest in the matter underwritten Makeing Mention That quher by the lawes of this and all other weell governed nationes all fraud and fraudfull abuses are and ought to be discharged and every man mantained in his Just right and priviledge according to the true Import therof nevertheless It is of verity that the deceast Doctor Patrick Andersone haveing Composed a pill which was thought very helpfull and advantageous to all the users therof he left the secret of Compositione therof to his two daughters as the best part of their portiones Lykeas Kathrin Anderson the surviver of the said two daughters was pleased after he hade received severall good deeds and kyndnesses from the pursuer and was satisfied with his skill in Composeing of the said pill by her directione not only to comunicat to him the secreet therof, But to Dispone and make over to him all the right and intrest she hade therin togither with the true and only seall and stampt quherwith the boxes and papers of the saids pills are sealled with the severall other vessells matterialls and instruments for Composeing and dispersing the same are her dispositione of the fiftein day of December Jaj vjc Eightie six years particularly expressing that she had taught him and non others to Compose and make the samen before her self therwith produced bears Wherupon the said pursuer haveing successfully Composed and vended the saids pills did therafter obtaine the kings letters patent giveing and Disponeing to him the sole power right and priviledge to prepair Compose and vend the forsaid pile with power to him to use the said seall and stamp formerly used by the said Katharin Andersone for marking the forsaid papers and boxes for all the dayes and years of the pursuers liftyme And Farder Discharging all other persones dureing the said space directly or indirectly to prepair Compound dispense or vend any pile or piles under the name of Doctor Andersones pill or papers relateing therto, without the pursuers speciall License under the paine of ane Thousand merks scots for ilk Contraventione Recomending to the Lords of privy Councill and other Judicationes of his majesties antient kingdom to see the premisses made effectuall as the said letters patent under the great seall dated the nyntein day of May Jaj vjc Eightie seven years with the printed publicatione by order of their majesties privy Councill dated the second day of August the said year both therwith produced In pursueance of quhich right and gift under the great seall the pursuer did the same year apply to the Lords of privy Councill for to have one Thomas Steill a merchant who pretended to have gott some secreet restrained and Discharged from abuseing people with his sofisticat Compositiones and usurping the pursuers right and priviledge But he haveing got at that time ane old woman, Jannet Haistie reliect of ane Taylor in the Cannogate to swear that she hade got the recept of the forsaid pile from the said Kathrin Andersone and that she hade delivered the same to the said Thomas Steill The saids Lords of privy Councill appointed a Comittie to hear both parties, who demanding of them that they should make knowen their recepts to be Compared and Considered, And the pursuer as the truer man and haveing the better right refuseing to doe the same because of his oath given to Katherin Andersone and the express condition of his patent and the hazard of Devulging the secret, And Thomas Steill on the other hand freely Imparting his recept as being indeed willing to Divid the Child that was not his oun The Lords were pleased at that time to find the pursuer Contimacious and to declair and ordaine that the said Thomas Steill might Compose Dispense and vend his piles under the name of Doctor Andersones piles alse weell as the pursuer since which time the said Thomas Steill hath not only abused men both at home and a broad in England and else wher by his saids soffisticat pile falsiefieing the forsaid seall and stampt that he may therby more effectually deceive But hath of late Caused print and spread ane advertisment at London wherin he falsely asserts that the secret of Composeing the said pile is only knowen to him, And that the Lords of Councill in Scotland had found the samen to be proven against the pursuer to be 2 only a pretender to the said secret and that his said gift was by him wrongeously Impetrat from the late King James, Wherupon the said Thomas Steill falsely afirmes that the Lords of Councill granted him ane act in his favors Reduceing the forsaid Grant of King James And Declareing the pursuers pile to be false and Counterfeitt as one of the said prints therwith produced would testifie, Wherby it is manifast that the forsaid print published against the pursuer is a notorious falsehood and defamatione in so farr as the pursuer does produce Katherin Andersones wryt and Disposition Declareing she hade taught him and no other to Compose the said pile, and this Disposition and Declaration is by her oun order written by a wryter to the signet subscryved before fameous witnesses, Which is all the instructione that is necessary to clear the truth of the matter In favors of the pursuer, And one the other part Thomas Steill has no maner of Instruction that his recept is true but the assertion of ane old woman who depones Kathrin Anderson hade given her this recept of Steills above a year before her death Wherof She Declared Solemnly in the pursuers rights that she hade taught him only and no other persone to Compose the said pile Lykeas the said pursuer is manifastly injurred by the said Thomas Steill and abused in his Just right and priviledge, And Therfore Ought and should be Decerned not only disoune and disclaime the forsaid print as false and defamatione But also to pay the said paine of ane Thousand merks for his Contraveening the pursuers letter patent and act of Councill in his favors It being evident, That any Licence Impetrat by him from the Lords of Councill as said is, could never allow him abuse defame and Injure the pursuer as he hath done or to obtrude his piles as the only true piles and reproach the persuars pilers as false and Counterfeit as also It ought and should be found and declared by the saids Lords of privy Councill fore heirafter that the pursuer was not Contumacious in refuseing to reveall the said secret since he hade so Just a a3 Scruple for his excuse and farder that the said Thomas Steill hath Justly forfaulted and ammitted by his forsaid abusive practisses the libertie that he Impetrat from the Lords of Councill in maner above narrated, And that from this time furth the pursuer hath the only rytes to the forsaid secret and to Compose and vend the said piles under the name of Doctor Andersones piles and to use the said seall or stampt for verificatione therof, And that the said Thomas Steill and all others pretenders without License from the pursuer are falsecies and Impostures And Therfore he and they ought and should be Decerned to desist from Composeing or vending the saids piles in all time comeing under the said paine of ane Thousand merks for each Contraventione Toties quoties and all shirreffs, magistrats and other Judges within this kingdome should be authorize to Cognose upon and punish the said Contraveeners in maner forsaid and lastly and alsoe the pursuer Ought to be allowed and ordained to print and publish the Decreet or act of the Lords of privy Councill to be given heirupon and to take such other methods for the due publishing of his right and Discovering and Disappointing the abuses and frauds of the said Thomas Steill in the premisses as accords And Anent the Charge Given to the said Thomas Steill defender To have Compeired before the saids Lords of ther majesties privy Councill at ane certaine day now bygone To have answered to the grounds of the above Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should find Just Under the paine of Rebellion etc as in the forsaid Lybell or Complaint and executiones therof at more leanth is Contained Which being this day called in presence of the saids Lords of their majesties privy Councill And the said pursuer Compeiring personally with Sir James Stewart ther majesties advocat and Mr Hew Dalrymple advocat his procurator and the saids Thomas Steill defender being lawfullie cited oft times called and not Compeiring The Lords of their Majesties privy Councill Haveing Considered the Lybell with the disposition in the pursuers favors and gift under the great seall and printed publicatione therof with a printed Copie of Thomas Steills advertisment Togither with a petition given in be Elizabeth Steill sister to the defender They heirby Grant Certification against the said Thomas Steill defender In Respect of his absence and not Compeirance And Ordaines letters of Denunciation to be direct to macers or messengers at armes To pass to the Marcat Cross of […] and other places needfull and their in their majesties names and authoritie Duely Lawfully and orderly Denounce the said Thomas Steill their Majesties rebell and put him to the horne escheat and inbring all his moveable goods and geir to our use for his contemption and disobedience.

1. NRS, PC2/24, 393r-395v.

2. The word ‘the’ scored out here.

3. Sic.

1. NRS, PC2/24, 393r-395v.

2. The word ‘the’ scored out here.

3. Sic.