Tag Archives: November

Act, 13 November 1694, Edinburgh

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Edinburgh the Threttein day of november Jaj vjc nyntie four years

D1694/11/121

Act

Act Authorizing Collonell Mckay to raise 13 men

The Lords of their majesties privy Councill Doe heirby Authorize Collonell Robert Mckay To raise the number of threttein men to be Souldiers in his regiement out of the lands and bounds of Badenoch in place of the like number of men appointed to have been put out of that bounds in the present Levies, And that at the sight of the Commissioners of Supply within the shire of Innverness, The saids Commissioners allwayes designeing to the said Collonell the places out of which to raise every particular man.

Edinburgh the Threttein day of november Jaj vjc nyntie four years

D1694/11/121

Act

Act Authorizing Collonell Mckay to raise 13 men

The Lords of their majesties privy Councill Doe heirby Authorize Collonell Robert Mckay To raise the number of threttein men to be Souldiers in his regiement out of the lands and bounds of Badenoch in place of the like number of men appointed to have been put out of that bounds in the present Levies, And that at the sight of the Commissioners of Supply within the shire of Innverness, The saids Commissioners allwayes designeing to the said Collonell the places out of which to raise every particular man.

1. NRS, PC2/25, 79r.

1. NRS, PC2/25, 79r.

Procedure, 13 November 1694, Edinburgh

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D1694/11/111

Procedure

Remitt Corbie contra Lidderdale and Gordon

Anent the letters or lybell raised and pursued before the Lords of their Majesties privy Councill at the instance of Thomas Corbie messenger in Kirkcudbright, and Sir James Stewart ther majesties advocat for their highnes intrest in the matter underwritten Mentioning That quher by the Lawes of this and all other weell governed nationes all battaries and bloods specially when the same are Comitted without any Cause or provocatione. But on the Contrary for a persone doeing his dutie in his office, and after threatning upon that account, and farder upon the high Street and at the marcat Cross of a burgh Royall upon afair and publict marcat day Is a Cryme of a high nature and ought to be severly punished nevertheless It is of verity That James Gordon toune Clerk of Kirkcudbright Shaking of all fear of God and regaird to their majesties Lawes Did upon the occasione of the said Thomas Gordon as a procurator in the Commissary Court upon the thrid day of August Last Or ane or other of the dayes of the said moneth first oppenly swear by the name of God with many other horid oathes that when ever he and the pursuer should meet he should Cause his Croune reek and spish blood to his heells and that in the Comissary Court, The Comissary sitting in Judgment in the afternoon the said day being the fair day Called Lambes fair in the burgh of Kirkcudbright, and then in the afternoon the same day the said James Gordon accompanied with James Lidderdale of St Marycytle, meeting with the pursuer about about four of Cloak at the marcat Cross of the said burgh, Did then and ther without the least provocatione, or any words passing betwixt them, Fall most violently and Cruely upon the pursuer with two great battons and staves and therwith beatt him upon the head to the effusione of his blood so that the blowes and blood did quyte stun and blind him, and his blood was shedd in such a quantitie, as is not only to be seen upon his Cravat, But did Lye and remaine upon the Street in great Clotts untill the nixt morning and the scares of the wounds are visible to this day Lykas the said pursuer is in hazard throw the said violence and strockes to Loss his ryt eye therwith and have never since seen Distinctly and if throw the Good providence of God nighbours and by standers hade not interveened he hade Loss his life betwixt them by reasone of the forsaid rage and violence, off which Cryme battarie and blood the forsaid James Gordon and James Lidderdale and either of them being guilty or airt and part Ought not only to be Decerned to make payment to the said pursuer of the soume of Two Thousand merks scots for damnadge But likewayes punished to the example and terror of others to Comitt the like in time Comeing And Anent the Charge given to the saids defenders to have Compeired personally before the saids Lords this day To have answered to the points of the abovewritten Complaint and to have heard themselves not only Decerned and ordained to make payment to the said pursuer of the said soume of Two Thousand merks for damnadges but also to have heard and seen such other Course taken theranent as the said Lords shall think fitt as in the said letters or lybell and executiones therof at more Length is Contained Which being Called in presence of the saids Lords and the pursuer Compeiring personally with James Stewart his Advocat and the defenders Compeiring also personally with Sir James Ogilvie and Mr Alexander Fergusone ther advocats And the Lybell and answers made therto They Remitt the same to the Stewart principall of the Stewartrie of Kirkcudbright and his depute to be insisted in Discust and determined be them as accords of the Law.

Edinburgh the Threttein day of november Jaj vjc nyntie four years

D1694/11/111

Procedure

Remitt Corbie contra Lidderdale and Gordon

Anent the letters or lybell raised and pursued before the Lords of their Majesties privy Councill at the instance of Thomas Corbie messenger in Kirkcudbright, and Sir James Stewart ther majesties advocat for their highnes intrest in the matter underwritten Mentioning That quher by the Lawes of this and all other weell governed nationes all battaries and bloods specially when the same are Comitted without any Cause or provocatione. But on the Contrary for a persone doeing his dutie in his office, and after threatning upon that account, and farder upon the high Street and at the marcat Cross of a burgh Royall upon afair and publict marcat day Is a Cryme of a high nature and ought to be severly punished nevertheless It is of verity That James Gordon toune Clerk of Kirkcudbright Shaking of all fear of God and regaird to their majesties Lawes Did upon the occasione of the said Thomas Gordon as a procurator in the Commissary Court upon the thrid day of August Last Or ane or other of the dayes of the said moneth first oppenly swear by the name of God with many other horid oathes that when ever he and the pursuer should meet he should Cause his Croune reek and spish blood to his heells and that in the Comissary Court, The Comissary sitting in Judgment in the afternoon the said day being the fair day Called Lambes fair in the burgh of Kirkcudbright, and then in the afternoon the same day the said James Gordon accompanied with James Lidderdale of St Marycytle, meeting with the pursuer about about four of Cloak at the marcat Cross of the said burgh, Did then and ther without the least provocatione, or any words passing betwixt them, Fall most violently and Cruely upon the pursuer with two great battons and staves and therwith beatt him upon the head to the effusione of his blood so that the blowes and blood did quyte stun and blind him, and his blood was shedd in such a quantitie, as is not only to be seen upon his Cravat, But did Lye and remaine upon the Street in great Clotts untill the nixt morning and the scares of the wounds are visible to this day Lykas the said pursuer is in hazard throw the said violence and strockes to Loss his ryt eye therwith and have never since seen Distinctly and if throw the Good providence of God nighbours and by standers hade not interveened he hade Loss his life betwixt them by reasone of the forsaid rage and violence, off which Cryme battarie and blood the forsaid James Gordon and James Lidderdale and either of them being guilty or airt and part Ought not only to be Decerned to make payment to the said pursuer of the soume of Two Thousand merks scots for damnadge But likewayes punished to the example and terror of others to Comitt the like in time Comeing And Anent the Charge given to the saids defenders to have Compeired personally before the saids Lords this day To have answered to the points of the abovewritten Complaint and to have heard themselves not only Decerned and ordained to make payment to the said pursuer of the said soume of Two Thousand merks for damnadges but also to have heard and seen such other Course taken theranent as the said Lords shall think fitt as in the said letters or lybell and executiones therof at more Length is Contained Which being Called in presence of the saids Lords and the pursuer Compeiring personally with James Stewart his Advocat and the defenders Compeiring also personally with Sir James Ogilvie and Mr Alexander Fergusone ther advocats And the Lybell and answers made therto They Remitt the same to the Stewart principall of the Stewartrie of Kirkcudbright and his depute to be insisted in Discust and determined be them as accords of the Law.

1. NRS, PC2/25, 78r-79r.

1. NRS, PC2/25, 78r-79r.

Act, 13 November 1694, Edinburgh

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Edinburgh the Threttein day of november Jaj vjc nyntie four years

D1694/11/101

Act

Act Mr William Moncreif minister at Methven

Anent a Petition given in to the Lords of their majesties privy Councill be Mr William Moncreiff minister at Methven Shewing wheras the petitioner being legall minister of Methven and in the peacable exercise of his ministrie at the said Church, and so hath undoubted right to the use and possessione of the manse and yeards belonging therto dureing the petitioners serving the Cure at the said kirk yet nevertheless the keyes of the manse are most unwarrantably keept up from the petitioner wherby he was absolutely excluded from the use and benefit therof, and necessitate on the Lords day to travell to and againe at some distance from the kirk and therby the petitioner is not only disaccomodat, But also the paroch and his ministrie therin much prejudiced And Therfore humbly Craveing the saids Lords to Order and appoint David Smith brother to the Laird of Methven or any others havers of the keyes of the manse of Methven and yeards belonging therto to exhibit and deliver up the same to the petitioner and if need bees Ordaines letters of horning on fiftein dayes and others needfull to be direct against the said David Smith and others havers to be particularly named in the letters informe as effeirs.

Edinburgh the Threttein day of november Jaj vjc nyntie four years

D1694/11/101

Act

Act Mr William Moncreif minister at Methven

Anent a Petition given in to the Lords of their majesties privy Councill be Mr William Moncreiff minister at Methven Shewing wheras the petitioner being legall minister of Methven and in the peacable exercise of his ministrie at the said Church, and so hath undoubted right to the use and possessione of the manse and yeards belonging therto dureing the petitioners serving the Cure at the said kirk yet nevertheless the keyes of the manse are most unwarrantably keept up from the petitioner wherby he was absolutely excluded from the use and benefit therof, and necessitate on the Lords day to travell to and againe at some distance from the kirk and therby the petitioner is not only disaccomodat, But also the paroch and his ministrie therin much prejudiced And Therfore humbly Craveing the saids Lords to Order and appoint David Smith brother to the Laird of Methven or any others havers of the keyes of the manse of Methven and yeards belonging therto to exhibit and deliver up the same to the petitioner and if need bees Ordaines letters of horning on fiftein dayes and others needfull to be direct against the said David Smith and others havers to be particularly named in the letters informe as effeirs.

1. NRS, PC2/25, 77v.

1. NRS, PC2/25, 77v.

Sederunt, 13 November 1694, Edinburgh

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Edinburgh the Threttein day of november Jaj vjc nyntie four years1

D1694/11/92

Sederunt

Lord Chancelor; Earl of Drumlanrig; Earl of Southerland; Earl of Mortone; Earl of Lothian; Earl of Leven; Earl of Forfar; Viscount Tarbat; Lord Yester; Lord Advocat; Lord Justice Clerk; Lord Hatton; Laird of Leyes

Edinburgh the Threttein day of november Jaj vjc nyntie four years1

D1694/11/92

Sederunt

Lord Chancelor; Earl of Drumlanrig; Earl of Southerland; Earl of Mortone; Earl of Lothian; Earl of Leven; Earl of Forfar; Viscount Tarbat; Lord Yester; Lord Advocat; Lord Justice Clerk; Lord Hatton; Laird of Leyes

1. NRS, PC2/25, 77r.

2. NRS, PC2/25, 77r.

1. NRS, PC2/25, 77r.

2. NRS, PC2/25, 77r.

Warrant, 10 November 1694, Edinburgh

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Edinburgh the tenth november Jaj vjc nyntie four years; extraordinary

D1694/11/81

Warrant

Warrand to the Clerks of sessione to deliver in the Countrey accompts to the Clerks of Councill

The Lords of their majesties privy Councill Doe heirby Ordaine the Clerks of sessione who were also Clerks of parliament under the Lord Register to deliver to any of the macers of privy Councill and that once this day or betwixt and munday nixt at twelue of the Cloak in the forenoon as they will be answerable at their highest perill all the accompts resting by their majesties forces to the Countrey with the instructiones and verificationes therof, which haveing been once produced in the hands of the Clerks of privy Councill ere given into the saids Clerks of parliament togither with all accompts of the saids rests which have been given in by any particular persones to them as Clerks of parliament with the instructiones and verificationes of the same, And appoints the saids macers Imediatly upon recept of the accompts and instructiones to deliver in the same to the Clerk of privy Councill.

Edinburgh the tenth november Jaj vjc nyntie four years; extraordinary

D1694/11/81

Warrant

Warrand to the Clerks of sessione to deliver in the Countrey accompts to the Clerks of Councill

The Lords of their majesties privy Councill Doe heirby Ordaine the Clerks of sessione who were also Clerks of parliament under the Lord Register to deliver to any of the macers of privy Councill and that once this day or betwixt and munday nixt at twelue of the Cloak in the forenoon as they will be answerable at their highest perill all the accompts resting by their majesties forces to the Countrey with the instructiones and verificationes therof, which haveing been once produced in the hands of the Clerks of privy Councill ere given into the saids Clerks of parliament togither with all accompts of the saids rests which have been given in by any particular persones to them as Clerks of parliament with the instructiones and verificationes of the same, And appoints the saids macers Imediatly upon recept of the accompts and instructiones to deliver in the same to the Clerk of privy Councill.

1. NRS, PC2/25, 77r.

1. NRS, PC2/25, 77r.

Sederunt, 10 November 1694, Edinburgh

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Edinburgh the tenth november Jaj vjc nyntie four years; extraordinary1

D1694/11/72

Sederunt

Lord Chancelor; Earl of Drumlanrig; Earl of Southerland; Earl of Leven; Earl of Forfar; Earl of Brodalbine; Lord Yester; Lord Ross; Lord Advocat; Laird of Leyes.

Edinburgh the tenth november Jaj vjc nyntie four years; extraordinary1

D1694/11/72

Sederunt

Lord Chancelor; Earl of Drumlanrig; Earl of Southerland; Earl of Leven; Earl of Forfar; Earl of Brodalbine; Lord Yester; Lord Ross; Lord Advocat; Laird of Leyes.

1. NRS, PC2/25, 77r.

2. NRS, PC2/25, 77r.

1. NRS, PC2/25, 77r.

2. NRS, PC2/25, 77r.

Act, 8 November 1694, Edinburgh

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Edinburgh the Eight day of november Jaj vjc nyntie four years

D1694/11/61

Act

Act Two heritors of Coldinghame and Mr Robert Smith

Anent a Petition given in to the Lords of their Majesties privy Councill be the heritors of Coldinghame of the presbyterian alse weell as the Episcopall perswasione Shewing That quheras Mr Richard Smith their late Schooll master was Conveened in a Croud before the saids Lords at the instance of Mr John King and some few others for the alledged opposeing of Mr Hary Erskine and hindering him to preach at the Church of Coldinghame after Mr Alexander Douglas late minister at that Church was deprived, and the said Mr Richard being Conscious of his oun Innocencie (he haveing done no violence to any persone but endeavoring to keep possessione of this oun place as presenter) haveing appeared before the saids Lords and the rest that were Conveened not appearing the Lords being resolved to make one examplary to the terror of others were pleased to declair the said Mr Richard Smith incapable of being Schooll master and presenter within the parish of Coldinghame Under which Sentance the said Mr Richard has now lyen these five years and more to his great prejudice and detriment haveing no other way to mantaine his wyfe and numerous familly but the exercise of his Imployment as schooll master, as also the parish Sustaines a great prejudice by the want of a schooll master the youth of that bounds being lost for want of educatione and the petitioners haveing the experience of the Care and fidelity of the said Mr Richard in the exercise of his Imployment, and knowing him to be a fitt and qualified persone for the said office have shewed So much respect to him that the petitioners have hitherto keept the place vaccant expecting allwayes when the saids Lords would be graciously pleased to take of the said Sentance of incapacity and to repone him to his former office And Therfore humbly Craveing the saids Lords to take of the forsaid sentance of incapacity and to repone the said Mr Richard to his said office of schooll master and presenter and to allow him these five years bygone sallerie for the present supply of his numerous familly which throw his being out of his Imployment is reduced to great straits and deficulties all the heritors alse weell of the presbyterian as episcopall perswassione being willing to pay the same to him upon their Lordships giving him a title therto as the said petition bears The Lords of their majesties privy Councill haveing Considered this petition given in to them be the above heritors of Coldinghamlaw They heirby take off the above sentance of Councill pronunced against Mr Richard Smith petitioner Declairing him incapable of being Schooll master or presenter within the said paroch of Coldinghame and Declairs him to be quyte and free therof and Discharges him of the samen.

Edinburgh the Eight day of november Jaj vjc nyntie four years

D1694/11/61

Act

Act Two heritors of Coldinghame and Mr Robert Smith

Anent a Petition given in to the Lords of their Majesties privy Councill be the heritors of Coldinghame of the presbyterian alse weell as the Episcopall perswasione Shewing That quheras Mr Richard Smith their late Schooll master was Conveened in a Croud before the saids Lords at the instance of Mr John King and some few others for the alledged opposeing of Mr Hary Erskine and hindering him to preach at the Church of Coldinghame after Mr Alexander Douglas late minister at that Church was deprived, and the said Mr Richard being Conscious of his oun Innocencie (he haveing done no violence to any persone but endeavoring to keep possessione of this oun place as presenter) haveing appeared before the saids Lords and the rest that were Conveened not appearing the Lords being resolved to make one examplary to the terror of others were pleased to declair the said Mr Richard Smith incapable of being Schooll master and presenter within the parish of Coldinghame Under which Sentance the said Mr Richard has now lyen these five years and more to his great prejudice and detriment haveing no other way to mantaine his wyfe and numerous familly but the exercise of his Imployment as schooll master, as also the parish Sustaines a great prejudice by the want of a schooll master the youth of that bounds being lost for want of educatione and the petitioners haveing the experience of the Care and fidelity of the said Mr Richard in the exercise of his Imployment, and knowing him to be a fitt and qualified persone for the said office have shewed So much respect to him that the petitioners have hitherto keept the place vaccant expecting allwayes when the saids Lords would be graciously pleased to take of the said Sentance of incapacity and to repone him to his former office And Therfore humbly Craveing the saids Lords to take of the forsaid sentance of incapacity and to repone the said Mr Richard to his said office of schooll master and presenter and to allow him these five years bygone sallerie for the present supply of his numerous familly which throw his being out of his Imployment is reduced to great straits and deficulties all the heritors alse weell of the presbyterian as episcopall perswassione being willing to pay the same to him upon their Lordships giving him a title therto as the said petition bears The Lords of their majesties privy Councill haveing Considered this petition given in to them be the above heritors of Coldinghamlaw They heirby take off the above sentance of Councill pronunced against Mr Richard Smith petitioner Declairing him incapable of being Schooll master or presenter within the said paroch of Coldinghame and Declairs him to be quyte and free therof and Discharges him of the samen.

1. NRS, PC2/25, 76r-76v.

1. NRS, PC2/25, 76r-76v.

Sederunt, 8 November 1694, Edinburgh

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Edinburgh the Eight day of november Jaj vjc nyntie four years1

D1694/11/52

Sederunt

Lord Chancelor; Earl of Drumlanrig; Earl of Southerland; Ear of Mortone; Earl of Lothian; Earl of Leven; Earl of Annandale; Earl of Forfare; Lord Yester; Lord Ross; Lord Advocat; Lord Hatton; Laird of Leyes; Sir John Hall

Edinburgh the Eight day of november Jaj vjc nyntie four years1

D1694/11/52

Sederunt

Lord Chancelor; Earl of Drumlanrig; Earl of Southerland; Ear of Mortone; Earl of Lothian; Earl of Leven; Earl of Annandale; Earl of Forfare; Lord Yester; Lord Ross; Lord Advocat; Lord Hatton; Laird of Leyes; Sir John Hall

1. NRS, PC2/25, 76r.

2. NRS, PC2/25, 76r.

1. NRS, PC2/25, 76r.

2. NRS, PC2/25, 76r.

Order, 6 November 1694, Edinburgh

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Edinburgh the sixth november Jaj vjc nyntie four years

D1694/11/41

Order

Recomendation to the thesaurie Morisone of Prestongrange

The Lords of their Majesties privy Councill haveing heard a Petitione given in to them be […] Morisone of Prestongrange They Recommended to the Lords Commissioners of their Majesties thesaurie to make inquyrie how the Charges expended in Levieing of the rest of the seamen Levied at the time the above four seamen were Levied was defrayed and satisfied and out of what fond and for that effect to speak with Sir Patrick Murray who was their majesties Cashkeeper at that time, and to make their report to the Councill against this day eight days.

Edinburgh the sixth november Jaj vjc nyntie four years

D1694/11/41

Order

Recomendation to the thesaurie Morisone of Prestongrange

The Lords of their Majesties privy Councill haveing heard a Petitione given in to them be […] Morisone of Prestongrange They Recommended to the Lords Commissioners of their Majesties thesaurie to make inquyrie how the Charges expended in Levieing of the rest of the seamen Levied at the time the above four seamen were Levied was defrayed and satisfied and out of what fond and for that effect to speak with Sir Patrick Murray who was their majesties Cashkeeper at that time, and to make their report to the Councill against this day eight days.

1. NRS, PC2/25, 75v.

1. NRS, PC2/25, 75v.

Act, 6 November 1694, Edinburgh

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Edinburgh the sixth november Jaj vjc nyntie four years

D1694/11/31

Act

Act The Moderator of the presbytrie of Stirling and Dumblaine contra Mrs James Winziett2

Edinburgh the sixth november Jaj vjc nyntie four years

D1694/11/31

Act

Act The Moderator of the presbytrie of Stirling and Dumblaine contra Mrs James Winziett2

1. NRS, PC2/25, 75r.

2. Blank entry. All of f.75r and half of f.75v are blank.

1. NRS, PC2/25, 75r.

2. Blank entry. All of f.75r and half of f.75v are blank.